PRIVACY POLICY

BidGig LLC, an Ohio limited liability company d/b/a Kodewin (“Kodewin”) has created this Privacy Policy to inform its users on how Kodewin collects, uses, discloses, retains, and safeguards information from its users. This Privacy Policy applies to the Kodewin website and any mobile application versions thereof, along with all content, elements, and materials incorporated into, uploaded to, displayed on, downloaded from, or distributed by or via this website, including, but not limited to, text, software, scripts, user interfaces and features, designs, graphics, images, photographs, illustrations, sounds, music, videos, and similar materials and elements (“Content”), the trademarks, service marks, trade names, and logos contained therein (“Marks”), and all services licensed, purchased, provided, or otherwise made available by Kodewin and its strategic partners through this website (“Services”) available for your use subject to these Terms. (The Content, Marks, and Services are collectively referred to in this Privacy Policy as the “Platform”). By accessing or using the Platform in any way, you consent to Kodewin’s collection, use, retention, and disclosure of your personal information as provided in this Privacy Policy. Kodewin reserves the right to modify its Privacy Policy from time to time in its sole discretion, and all such modifications will be effective immediately upon being posted on the Platform and are hereby incorporated by reference. Your continued use of the Platform after such modifications have been posted constitutes your acceptance of such changes, and you agree your use of the Platform will be subject to the then-current version of the Privacy Policy. Kodewin recommends you periodically check the Privacy Policy, and if at any time you are not in agreement with Kodewin’s policies concerning the collection, use, retention, and disclosure of your personal information, then you are not authorized to and may not access or otherwise use the Platform. Any capitalized terms used but not defined herein have the meanings ascribed to them in the Kodewin Terms of Use.

1. COLLECTION OF PERSONAL INFORMATION

Kodewin collects two types of information about and from its users: personal information and non-personal information. Personal information is data that can be used to uniquely identify or contact a single person. You may browse the Platform anonymously without being required to submit any personal information to Kodewin; however, if you elect to create a User Account (required to post RFPs, Bids, and other User Content), you must provide certain personal information such as your name, phone number, billing address, shipping address, email address, and payment method information. Such information will be transferred, encrypted, and stored on Kodewin’s secure servers located in the United States. Your User Account is password protected so that access to your personal information is limited to yourself and any other parties with whom you choose to share your User ID and password, along with Kodewin and certain of Kodewin’s strategic partners as further described in this Privacy Policy. Kodewin collects the following types of personal information: (a) information obtained from user transactions involving the Platform (e.g., RFPs, Bids, and User Account registrations and activities); (b) information you provide to Kodewin in response to any communications to you, including those to verify your identity and associated User Content; and (c) information obtained via discussion forums and via social media applications, services, and websites. Kodewin employs a variety of security and risk management technologies, including Secure Socket Layer (“SSL”) encryption, for the secure exchange of your personal information. Please see Section 3 (Security Measures) for additional details.

2. COLLECTION OF NON-PERSONAL INFORMATION

Kodewin also collects non-personal information (i.e., data in a form that cannot be used to uniquely identify or contact a single person). Examples of non-personal information collected by Kodewin include, but are not limited to: data from users’ use of the Platform, including, but not limited to (a) demographic information (e.g., user occupation, language, zip code, area code); (b) users’ computer and mobile device information (including IP addresses, operating systems, and browser software used by users of the Platform); and (c) data regarding how the Platform is being used (e.g., which pages of the Platform are visited, the order in which they are visited, which links are “clicked-through,” and the amount of traffic on the Platform).

3. SECURITY MEASURES

Kodewin protects the security of your personal information, including your User ID, password, and other User Account information, through a variety of security and risk management measures, including the utilization of SSL encryption. This prevents such data from being read in an intelligible form as it is transmitted to the Platform and helps ensure the security of transactions through the Platform. In addition, Kodewin takes various precautions, including, administrative, technical, and physical measures, to prevent unauthorized access to the information Kodewin collects, and to safeguard such information from loss, alteration, theft, and misuse. Please note, while Kodewin takes the reasonable steps described herein to protect your personal information, Kodewin cannot and does not guarantee, represent, or warrant that any information transmitted via the Internet is secure, or that such transmissions are or will be free from error, delay, interruption, or interception. All such transmissions of personal information are at your own risk, and you remain solely and entirely responsible for the security of your personal information.

4. BIDGIG’S USE AND DISCLOSURE OF PERSONAL INFORMATION

Kodewin uses and discloses users’ personal information in order to administer and better manage the Platform, to improve your experience with Kodewin, and to comply with applicable law. You acknowledge and agree Kodewin may use your personal information for such purposes and as follows: (a) to provide access to the Platform through a User ID and password associated with your User Account; (b) to customize and improve the Platform to fit user preferences and to determine which advertisements, sponsor messages, and interactive communications will appear on various pages of the Platform; (c) to inform users about the Platform, updates to the Platform, and to communicate promotional offers about products and services Kodewin believes may be of interest to you (you can opt-out of receiving promotional communications from Kodewin and its strategic partners at any time by simply sending an email notification to: [email protected]); (d) to troubleshoot and resolve any issues or concerns users may have with the Platform; (e) to enforce Kodewin’s Terms of Use and its other rules, guidelines, and policies; and (f) to discover, investigate, and stop unlawful or prohibited activities by any of its users if Kodewin believes in good faith such actions are necessary to protect Kodewin’s systems or business, its users or strategic partners, or as required by law (e.g., to comply with a subpoena or other legal process). You acknowledge and agree Kodewin may disclose its users’ personal information to select third parties in furtherance of the objectives stated herein, including, but not limited to (a) service providers and contractors who assist with certain business operations of Kodewin (e.g., data processing, investigations of potential fraud or unlawful activity, payment collection, extending credit, managing and enhancing user data, providing customer support, and Platform management and administration); (b) attorneys, accountants, and other professional advisors who provide services on Kodewin’s behalf; and (c) credit bureaus (i.e., Experian, TransUnion, and Equifax) to report late or missed payments or other account defaults by users of the Platform. In addition, Kodewin may disclose users’ personal information to another business entity in the event of an acquisition or merger involving Kodewin, in which case Kodewin will require the new entity to abide by this Privacy Policy with respect to users’ personal information. Kodewin does not sell its users’ personal information to third parties or otherwise disclose its users’ personal information other than as specifically stated herein.

5. BIDGIG’S USE AND DISCLOSURE OF NON-PERSONAL INFORMATION

Kodewin uses and discloses non-personal information to analyze Kodewin’s use of resources, to troubleshoot issues with the Platform, to improve the Platform and related advertising, and otherwise in Kodewin’s discretion and as permitted by law. You acknowledge and agree Kodewin may use and disclose non-personal information for such purposes and to gather and research broad demographic information provided to Kodewin through use of the Platform and to perform statistical analysis of such information and the collective characteristics and behavior of the Kodewin users. In conducting such analysis, Kodewin hopes to provide more useful information to its users, measure interest in specific areas of the Platform, and to determine the effectiveness of advertising and promotions on or via the Platform. Kodewin considers aggregated data non-personal information for purposes of this Privacy Policy. If Kodewin combines non-personal information with personal information, the combined information will be treated as personal information. You acknowledge and agree Kodewin may disclose its users’ non-personal information to select third parties, including, but not limited to, current and prospective advertisers, users, and strategic partners, in furtherance of the purposes stated herein.

6. DISCLOSURE OF PERSONAL INFORMATION BY YOU

Whenever you voluntarily disclose personal information online (whether in furtherance of a transaction on or via the Platform or in posting comments on discussion forums that Kodewin may make available from time to time), such information can be collected and used by others. You will not be able to control how such information may be used. While Kodewin takes the reasonable steps detailed in this Privacy Policy to protect data stored on its secure servers, Kodewin cannot and does not guarantee the privacy or security of such information disclosed by users to one another and you remain solely and entirely responsible for the information you choose to disclose in such instances. Kodewin recommends each user independently examine and evaluate the privacy and security policies of other parties prior to engaging in transactions or in any other way sharing personal information. In creating a Kodewin User Account, your User ID will be public and visible to all other users of the Platform, as may be information associated with your User ID (e.g., RFPs, Bids, and other User Content, along with your posts and comments on discussion forums that Kodewin may make available from time to time). Accordingly, Kodewin encourages you to refrain from using information when creating your User ID that may be used to personally identify you. In establishing a Kodewin User Account you will be asked to create a password for your User Account. Kodewin recommends you use unique combinations of letters, numbers, and special characters to reduce the likelihood that third parties may be able to gain access to your Kodewin User Account. You will at all times remain solely and entirely responsible for actions taken in the name of your Kodewin User ID. Therefore, if you believe your password has been compromised you should immediately notify Kodewin at 1-855-543-5433 and take appropriate steps to change your password. You agree to update your personal information with Kodewin if at any time it changes or becomes inaccurate. To review and update your personal information, simply log-in to your Kodewin User Account and follow the relevant link. Upon the closure of User Accounts (see the Terms of Use for information on the closing of User Accounts), Kodewin will remove personal information in accordance with applicable law and as soon as is reasonably practicable; however, Kodewin reserves the right to retain personal information associated with closed User Accounts for purposes of complying with legal requirements, fraud prevention, resolution of claims, to collect payments owed, to enforce the Terms of Use and other rules, guidelines, and policies of Kodewin, in connection with any investigation of unlawful or unauthorized activity, and for other actions permitted under applicable law. In furtherance of helping to maintain a safe and secure community of users, you hereby represent, warrant, and agree that any personal information received by you from another Kodewin user will be used by you solely for transaction-related purposes and as otherwise expressly consented to by such other user. You are prohibited from adding other Kodewin users to your mailing list (email or physical) without such users’ prior written consent, and at no time may you use another user’s personal information to send unsolicited commercial messages (i.e., spam).

7. COOKIES AND OTHER TECHNOLOGIES

Cookies are small text files that are sent to your browser from a website and stored on your computer’s hard drive. Cookies are commonly used to provide useful features to website users. Kodewin may use cookies and other technologies such as pixel tags and web beacons to analyze user activity, administer the Platform, measure the effectiveness of advertisements and promotions, deliver a better, more efficient, and more personalized experience (for example, by identifying you and maintaining your “signed-in” status on the Platform), to estimate Kodewin’s user base and usage patterns, and to promote trust and safety among the Kodewin community of users. Kodewin may offer various features on its Platform that are only available through the use of cookies and similar technologies. Kodewin’s strategic partners that offer products, services, and promotions on or via the Platform may also use cookies and similar technologies. Kodewin exercises no control over such cookies and other technologies, nor does this Privacy Policy cover how your personal information contained in those cookies may be used or protected. If you have questions or concerns regarding the use of cookies by any of Kodewin’s strategic partners, or about the use of your personal information by such third parties, Kodewin recommends you contact the administrator for such third party’s website. If you are concerned about the use of cookies, Kodewin recommends you set your browser’s options to notify you whenever a cookie is set or to disallow cookies altogether.

8. INFORMATION FOR RESIDENTS OF CALIFORNIA, CANADA, AND EUROPE

If you are a resident of California, Canada, or Europe, you have the right to access the personal information Kodewin holds about you and to ask that your personal information be corrected, updated, or deleted (provided, however, any deletion of personal information required to render the Kodewin Services may eliminate your ability to use the Platform). If you would like to exercise this right, please contact Kodewin. Kodewin processes your information in order to complete transactions on the Platform (for example, in connection with RFPs and Bids) and otherwise to pursue Kodewin’s legitimate business interests listed herein. Additionally, please note that your information will be transferred outside of California, Canada, and Europe, including to the United States.

9. MINORS

Kodewin does not knowingly collect personal information from individuals under the age of 18. If Kodewin learns it has collected the personal information of an individual under the age of 18, then Kodewin will delete such information as soon as practicable. By using the Platform, you represent that you are at least the age of majority in your state or province of residence.

10. CHANGES

Kodewin may update this Privacy Policy from time to time in order to reflect, for example, changes to Kodewin’s practices or for other operational, legal, or regulatory reasons. Kodewin encourages you to periodically review this Privacy Policy to ensure you are aware of any recent changes Kodewin has made to its practices concerning how personal information is collected, used, and shared. Updates to this Privacy Policy will take effect immediately upon posting on the Platform.

11. BIDGIG’S COMMITMENT TO YOUR PRIVACY

Kodewin is committed to safeguarding your online privacy and the integrity of your personal information. To further this goal, Kodewin communicates its privacy and security policies to its employees and strictly enforces policy safeguards within the company. If you have any questions concerning the Kodewin Privacy Policy, please contact Kodewin at: [email protected]. Last updated February 15, 2021