Equine Software Group Privacy Policy

Welcome to the Privacy Policy of CAVALL Holdings Group Inc. and its subsidiaries, Equine Software Group Ltd. and Equine Software Group USA (together, “ESG”, “we”, “us”, “our”).

ESG owns a number of portfolio software companies (each an “ESG Company”). As of the date of this Privacy Policy, the ESG Companies are Hopoti Software Oy, HX Systems AB d.b.a. “Hippocrates”, and Equestrian Insights AB d.b.a. “Equilab”. Together, ESG and the ESG Companies are the “Equine Software Group” (the “ESG Group”).

This Privacy Policy describes ESG’s privacy practices and how ESG handles personal information that we collect through:

• our digital properties that link to this Privacy Policy, including our website at equinesoftwaregroup.com (the “Website”);
• social media;
• our marketing activities;
• ESG Companies; and
• other activities described in this Privacy Policy.

We refer to the above, collectively, as the “Service”.

This Privacy Policy does not apply to:

• information that the ESG Group processes on behalf of its business customers (meaning, not individual consumers) while providing any ESG Group platform or services to them. Our use of such information, if any, is governed by our agreements with those business customers. If you have questions about personal information that we process on behalf of a business customer, please direct your questions to that customer; and
• the privacy practices of ESG Companies. For information on the privacy practices of each ESG Company, please see the privacy policy of the relevant ESG Company: Hopoti, Hippocrates and Equilab.

ESG may provide additional or supplemental privacy policies to individuals for specific products or services that we offer at the time we collect personal information.

You can print this Privacy Policy by selecting the “Print” option in your web browser.

1. Personal information we collect

Information you provide to us. Personal information you may provide to us through the Service or otherwise includes:

2. How we use your personal information

We may use your personal information for the following purposes or as otherwise described at the time of collection.

Service delivery. We may use your personal information to:

• provide, operate and improve the Service and our business;
• establish and maintain your user profile on the Service;
• communicate with you about the Service, including by sending announcements, updates, security alerts, and support and administrative messages;
• understand your needs and interests, and personalize your experience with the Service and our communications; and
• provide support for the Service, and respond to your requests, questions and feedback.

Research and development. We may use your personal information for research and development purposes, including to analyze and improve the Service and our business.

Marketing and advertising. We, our service providers and our third-party advertising partners may collect and use your personal information for marketing and advertising purposes:

• Direct marketing. We may send you ESG Group-related or other direct marketing communications as permitted by law. You may opt out of our marketing communications as described in the “Opt out of marketing communications” section below.

Compliance and protection. We may use your personal information to:

• comply with applicable laws, lawful requests and legal process, such as to respond to court orders or requests from government authorities;
• protect our, your or others’ rights, privacy, safety or property (including by making and defending legal claims);
• audit our internal processes for compliance with legal and contractual requirements or our internal policies;
• enforce the terms and conditions that govern the Service; and
• prevent, identify, investigate and deter fraudulent, harmful, unauthorized, unethical or illegal activity, including cyberattacks and identity theft.

With your consent. In some cases, we may specifically ask for your consent to collect, use or share your personal information, such as when required by law.

To create anonymous, aggregated and/or de-identified data. We may create anonymous, aggregated and/or de-identified data from your personal information and that of other individuals whose personal information we collect. We do this by removing information that makes the data identifiable to you. We may use this data and share it with third parties for our lawful business purposes, including to analyze and improve the Service and promote our business.

Retention. We generally retain personal information to fulfill the purposes for which we collected it, including to satisfy any legal, accounting or reporting requirements, to establish or defend legal claims, or for fraud prevention purposes. To determine the appropriate retention period, we may consider the amount, nature and sensitivity of the personal information; the potential risk of harm from unauthorized use or disclosure; the purposes for which we process it and whether we can achieve those purposes through other means; and the applicable legal requirements. When we no longer require the personal information we have collected about you, we may delete it, anonymize it, or isolate it from further processing.

3. How we share your personal information

We may share your personal information with the following parties and as otherwise described in this Privacy Policy or at the time of collection.

Affiliates. Our corporate parent, subsidiaries and affiliates, including the ESG Companies, for purposes consistent with this Privacy Policy.

Service providers. Third parties that provide services on our behalf or help us operate the Service or our business (such as hosting, information technology, customer support, email delivery, marketing and website analytics).

Third parties designated by you. We may share your personal information with third parties where you have instructed us or given your consent to do so. For example, we may share your personal information with third-party advertisers with whom we collaborate to offer you additional services such as competitions and promotions. We will share the personal information these companies need to provide the services you have requested.

Business and marketing partners. Third parties with whom we collaborate on joint activities (such as co-sponsors of competitions and promotions), with whom we have joint marketing relationships or other joint ventures, or who we think may offer products or services you may enjoy.

Professional advisors. Professional advisors, such as lawyers, auditors, bankers and insurers, where necessary in the course of the professional services they render to us.

Authorities and others. Law enforcement, government authorities and private parties, as we believe in good faith to be necessary or appropriate for the compliance and protection purposes described above.

Business transferees. Acquirers and other relevant participants in business transactions (or negotiations and diligence for such transactions) involving a corporate divestiture, merger, consolidation, acquisition, reorganization, sale or other disposition of all or any portion of the business or assets of, or equity interests in, the ESG Group or our affiliates (including in connection with insolvency or similar proceedings).

Other users and the public. Your profile and other user-generated content (except for messages) may be visible to other users of the Service and the public. For example, others may have access to your information if you choose to make your profile or other personal information available through the Service, such as when you provide comments, reviews or survey responses, or share other content. This information can be seen, collected and used by others, including being cached, copied, screen-captured or stored elsewhere (e.g. by search engines), and we are not responsible for any such use.

We make commercially reasonable efforts to verify that the parties with whom we share personal information provide a level of protection consistent with the practices described in this Privacy Policy. However, all of the parties above other than service providers and affiliates may, to the extent permitted by law, use personal information as described in their own privacy policies.

4. Your choices

You have the following choices with respect to your personal information.

Opt out of marketing communications. You may opt out of marketing-related emails by following the opt-out or unsubscribe instructions at the bottom of the email, or by contacting us. If you opt out, you may continue to receive service-related and other non-marketing emails.

Do Not Track. Some internet browsers may be configured to send “Do Not Track” signals to the online services you visit. We currently do not respond to “Do Not Track” or similar signals. To find out more, please visit allaboutdnt.com.

Declining to provide information. We need to collect personal information to provide certain services. If you do not provide the information we identify as required or mandatory, we may not be able to provide those services.

Delete your content or close your account. You can choose to delete certain content through your account. If you wish to close your account, please contact us.

5. Other sites and services

The Service may contain links to websites, mobile applications and other online services operated by third parties. In addition, our content may be integrated into web pages or other online services that are not associated with us. These links and integrations are not an endorsement of, or representation that we are affiliated with, any third party. We do not control third-party websites, mobile applications or online services, and we are not responsible for their actions. We encourage you to read the privacy policies of the other websites, mobile applications and online services you use.

6. Security

We employ a number of technical, organizational and physical safeguards designed to protect the personal information we collect. However, security risk is inherent in all internet and information technologies, and we cannot guarantee the security of your personal information.

7. International data transfer

We operate from the United States and the United Kingdom, and ESG Companies and our service providers operate in other countries, including Finland, Sweden and the wider European Economic Area. Your personal information may be transferred to the United States, the United Kingdom or other locations where privacy laws may not be as protective as those in your state, province or country.

8. Children

The Service is not intended for use by children under 16 years of age. If we learn that we have collected personal information through the Service from a child under 16 without the consent of the child’s parent or guardian as required by law, we will delete it. We encourage parents or guardians with concerns to contact us.

9. Changes to this Privacy Policy

We reserve the right to modify this Privacy Policy at any time. If we make material changes, we will notify you by updating the date of this Privacy Policy and posting it on the Service. If required by law, we will also notify you of changes in another way that we believe is reasonably likely to reach you, such as by email or through the Service. Any modifications are effective upon our posting the modified version (or as otherwise indicated at the time of posting). In all cases, your use of the Service after the effective date of any modified Privacy Policy indicates your acceptance of it.

10. How to contact us

• Email: info@equinesoftwaregroup.com
• Mail: Equine Software Group Ltd., The Paddington Office, Fora, 20 Eastbourne Terrace, London W2 6LG, United Kingdom

11. Information for California residents / Your California privacy rights

Scope. This section applies only to California residents. It describes how we collect, use and share Personal Information of California residents in our capacity as a “business” under the California Consumer Privacy Act (“CCPA”) and their rights with respect to that Personal Information. For purposes of this section, “Personal Information” has the meaning given in the CCPA but does not include information that the CCPA exempts. In some cases, we may provide a different privacy notice to certain categories of California residents, such as job applicants, in which case that notice will apply instead of this section.

Your California privacy rights. As a California resident, you have the rights listed below. These rights are not absolute, and in certain cases we may decline your request as permitted by law.

• Information. You can request the following information about how we have collected and used your Personal Information during the past 12 months:
  • the categories of Personal Information that we have collected;
  • the categories of sources from which we collected Personal Information;
  • the business or commercial purpose for collecting and/or selling Personal Information;
  • the categories of third parties with whom we share Personal Information;
  • the categories of Personal Information that we sold or disclosed for a business purpose; and
  • the categories of third parties to whom the Personal Information was sold or disclosed for a business purpose.
• Access. You can request a copy of the Personal Information that we have collected about you during the past 12 months.
• Deletion. You can ask us to delete the Personal Information that we have collected from you.
• Opt out of sales. You can opt out of any sale of your Personal Information. If you direct us not to sell your Personal Information, we will also treat it as a request under California’s “Shine the Light” law to stop sharing your personal information covered by that law with third parties for their direct marketing purposes.
• Opt in. While the Service is not designed for individuals under the age of 16, if we know that you are 13–15 years of age, we will ask for your affirmative authorization before we sell your Personal Information.
• Nondiscrimination. You are entitled to exercise the rights described above free from discrimination as prohibited by the CCPA.

Right to information, access and deletion. You may submit requests to exercise your right to information, access or deletion by emailing info@equinesoftwaregroup.com.

Notice of right to opt out of the “sale” of your Personal Information. Like many companies, we use services that help deliver interest-based ads to you. Our use of some of these services may be classified under California law as a “sale” of your Personal Information to the advertising partners that provide them, because they collect information from our users (e.g. device data and online activity data) to help them serve ads more likely to interest you. You can opt out of this “sale” by emailing info@equinesoftwaregroup.com with the subject line “Do Not Sell My Personal Information”.

We cannot process your request if you do not provide sufficient detail to allow us to understand and respond to it.

We will need to verify your identity to process your information, access and deletion requests, and we reserve the right to confirm your California residency. To verify your identity, we may require government identification, a declaration under penalty of perjury or other information. Your authorized agent may make a request on your behalf upon our verification of the agent’s identity and our receipt of a copy of a valid power of attorney given to your authorized agent pursuant to California Probate Code Sections 4000–4465. If you have not provided your agent with such a power of attorney, you must provide your agent with written and signed permission to exercise your CCPA rights on your behalf, provide the information we request to verify your identity, and confirm to us that you have given the authorized agent permission to submit the request.

Personal information that we collect, use and disclose. The chart below summarizes the Personal Information we collect by reference to the categories specified in the CCPA, and describes our practices currently and during the 12 months preceding the effective date of this Privacy Policy. Information you voluntarily provide to us, such as in free-form webforms, may contain other categories of personal information not described below.

Glossary

12. Notice to UK and European users

This section applies only to individuals in the United Kingdom, Switzerland and the European Economic Area (“EEA”) (together, “Europe”).

Personal information. References to “personal information” in this Privacy Policy are equivalent to “personal data” governed by European data protection legislation, such as the General Data Protection Regulation 2016/679 (“EU GDPR”) and the EU GDPR as incorporated into UK law by the European Union (Withdrawal) Act 2018 and supplemented by the Data Protection Act 2018 (“UK GDPR”) (together, the “GDPR”).

Controller. For individuals in Europe, Equine Software Group Ltd. is the controller of your personal information covered by this Privacy Policy for the purposes of European data protection legislation.

Legal bases for processing. For each purpose for which we use your personal information, we most commonly rely on one of the following legal bases:

• where we need to perform a contract we are about to enter into or have entered into with you (“Contractual Necessity”);
• where it is necessary for our legitimate interests and your interests and fundamental rights do not override those interests (“Legitimate Interests”);
• where we need to comply with a legal or regulatory obligation (“Compliance with Law”); and
• where we have your specific consent to carry out the processing for the purpose in question (“Consent”).

The table below sets out the legal bases we rely on for each purpose. Details of each purpose are in section 2, “How we use your personal information”.

Use for new purposes. We may use your personal information for reasons not described in this Privacy Policy where permitted by law and the reason is compatible with the purpose for which we collected it. If we need to use your personal information for an unrelated purpose, we will notify you and explain the applicable legal basis.

Sensitive personal information. We may also collect “special categories of personal data” (as defined by European data protection legislation) about you where you provide it to us, or to an ESG Company, with your consent. This includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data.

If you provide us with any sensitive personal information when you use the Service, you must consent to our processing and use of it in accordance with this Privacy Policy. If you do not consent, you must not submit such sensitive personal information through the Service.

Your rights. European data protection legislation gives you certain rights regarding your personal information. If you are located in Europe, you may ask us to take the following actions in relation to personal information we hold about you:

• Access. Receive a copy of the personal information we hold about you.
• Correction. Have any incomplete or inaccurate personal information we hold about you corrected.
• Erasure. Ask us to delete or remove personal information, including where you have exercised your right to object to processing (see below).
• Objection. Object to processing where we rely on Legitimate Interests and there is something about your particular situation that makes you want to object on this ground. You also have the right to object where we process your personal information for direct marketing purposes.
• Restriction. Ask us to suspend the processing of your personal information, for example while we establish its accuracy or the reason for processing it.
• Transfer. Receive your personal information, or have it sent to a third party you choose, in a structured, commonly used, machine-readable format. This right only applies to automated information which you initially consented to us using, or where we used the information to perform a contract with you.
• Withdraw consent. Where we rely on consent to process your personal information, you may withdraw it at any time (“Consent Withdrawal”). If you do, we may not be able to give you access to certain functionality of the Service. We will tell you if this is the case at the time you withdraw your consent.

You may submit these requests by email to info@equinesoftwaregroup.com or to our postal address in section 10. Please include “Data Subject Request” in the subject line of any email you send us to exercise these rights. You will not usually have to pay a fee. However, except in relation to Consent Withdrawal, we may charge a reasonable fee or refuse to comply if your request is clearly unfounded, repetitive or excessive.

We may request specific information from you to confirm your identity and process your request. Applicable law may require or permit us to decline your request. If we decline it, we will tell you why, subject to legal restrictions. If you would like to complain about our use of your personal information or our response to your requests, you may contact us or submit a complaint to the data protection regulator in your jurisdiction.

• EEA users: contact details for the data protection regulator where you live can be found at edpb.europa.eu. In Sweden, this is the Swedish Authority for Privacy Protection (IMY).
• UK users: The Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF. Tel. +44 303 123 1113. Website: ico.org.uk/make-a-complaint

Cross-border data transfer. Equine Software Group Ltd. is based in the United Kingdom, and CAVALL Holdings Group Inc. and Equine Software Group USA are based in the United States. We may transfer personal information outside of the UK and/or the EEA to third countries (including the United States) that may not provide the same standard of data protection as the UK or EEA.

Where such transfers occur within the ESG Group, we have put in place an intra-group agreement containing appropriate safeguards for such transfers.

Where personal information is transferred from the UK and/or EEA to a third party, we implement at least one of the following mechanisms:

• We may transfer personal information to countries that the UK Government or the European Commission (as appropriate) has deemed to provide an adequate level of protection for personal information.
• We may transfer personal information to countries that have not been deemed to provide an adequate level of protection, provided that in these cases:
  • we use specific appropriate safeguards approved by the UK Government or the European Commission, designed to give personal information the same protection it has in the UK and/or EEA — for example, requiring the recipient to enter into the relevant form of the Standard Contractual Clauses (“SCCs”) or the UK International Data Transfer Agreement or Addendum. Where we use these, you may request a copy using the contact details in section 10; or
  • in very limited circumstances, we rely on an exception, or “derogation”, which permits us to transfer your information to such a country despite the absence of an adequacy decision or appropriate safeguards — for example, your explicit consent to that transfer.