FounderNest | Terms & Conditions

Terms of Service

PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.

‍FounderNest Terms of Use

Last Updated: May, 2023

‍You are the Licensee

‍These Terms and Conditions (“Terms and Conditions”) supplement the Order Form (“Order Form” and together with the Terms and Conditions, the“Agreement”) and set forth the terms and conditions under which FounderNest, Inc., a Delaware corporation, with offices at 440 N Barranca Ave #6979 Covina, CA 91723 United States (“FounderNest”) will provide access to certain proprietary technology to Licensee. The Agreement sets forth the terms and conditions under which Licensee may Use (as defined herein) FounderNest′s platform indicated on the Order Form (“Platform”).

‍2. LICENSE GRANT AND RIGHT OF USE

2.1. License Grant. Subject to all limitations and restrictions contained herein and the Order Form, FounderNest grants Licensee a subscription, software as a service (SaaS), nonexclusive and nontransferable right to use the Platform as hosted by FounderNest for its internal business purposes as described in the Order Form (“Use”). Licensee may not permit affiliated entities to utilize the Platform unless such affiliated entities have been identified on the Order Form.

‍2.2. Restrictions. In no event shall Licensee disassemble, decompile, or reverse engineer the Platform or Confidential Information (as defined herein) or permit others to do so. Disassembling, decompiling, and reverse engineering include, without limitation: (i) converting the Platform from a machine-readable form into a human-readable form; (ii) disassembling or decompiling the Platform by using any means or methods to translate machine-dependent or machine-independent object code into the original human-readable source code or any approximation thereof; (iii) examining the machine-readable object code that controls the Platform′s operation and creating the original source code or any approximation thereof by, for example, studying the Platform′s behavior in response to a variety of inputs; or (iv) performing any other activity related to the Platform that could be construed to be reverse engineering, disassembling, or decompiling. Licensee may use FounderNest′s Confidential Information solely in connection with the Platform and pursuant to the terms of this Agreement.

‍3. PAYMENT

3.1. Fees. Licensee shall pay FounderNest the fees indicated on the Order Form. Unless otherwise provided in an Order Form, all fees shall be paid to FounderNest within thirty (30) days of the date of invoice. The initial payment for the Platform must be made on the Order Form Effective Date. Any late payment shall be subject to any costs of collection (including reasonable legal fees) and shall bear interest at the rate of one and one-half percent (1.5%) per month (prorated for partial periods) or at the maximum rate permitted by law, whichever is less.

‍3.2. Taxes. The license, service fees, and other amounts required to be paid hereunder do not include any amount for taxes or levy (including interest and penalties). Licensee shall reimburse FounderNest and hold FounderNest harmless for all sales, use, VAT, excise, property or other taxes or levies which FounderNest is required to collect or remit to applicable tax authorities. This provision does not apply to FounderNest′s income or franchise taxes, or any taxes for which Licensee is exempt, provided Licensee has furnished FounderNest with a valid tax exemption certificate.

‍4. OWNERSHIP

4.1. Reservation of Rights. By signing the Order Form, Licensee irrevocably acknowledges that, subject to the licenses granted herein, Licensee has no ownership interest in the Platform FounderNest materials provided to Licensee. FounderNest shall own all right, title, and interest in such Platform and FounderNest materials, subject to any limitations associated with intellectual property rights of third parties. FounderNest reserves all rights not specifically granted herein.

‍4.2. Data. The Platform does store or collect data on behalf of Licensee. The only data to be inputted into the Platform by Licensee is the Required Inputs (as defined in the Order Form). Required Inputs will never include Aggregate Data or other FounderNest data. Licensee shall retain ownership of its Required Inputs. Nothing in this Agreement shall preclude FounderNest from using in any manner or for any purpose it deems necessary, the know-how, techniques, or procedures acquired or used by FounderNest in the performance of services hereunder. FounderNest owns and shall continue to own all right, title and interest in and to all aggregate and statistical information, benchmarking, comparison, and other analytics or analyses created or developed by FounderNest from performance and usage data generated through Licensee′s use of the Platform (collectively, “Aggregate Data”). Aggregate Data is de-identified so that Licensee cannot be identified as the source within the Aggregate Data. FounderNest may aggregate de-identified Required Inputs with the data of other FounderNest customers and analyze user behavior data to (i) help develop new features of the Platform; (ii) train algorithms; and (iii) analyze, compare, and benchmark customer data. As between Licensee and FounderNest, all materials, data and databases associated with the Platform (other than Required Data) are owned by FounderNest.

‍4.3. License to Outputs. The resulting outputs from utilizing Licensee′s Platform (the “Outputs”) may be retained by Licensee. FounderNest grants to Licensee a perpetual, fully paid up, royalty free license to use and create derivative works of Outputs solely for its internal business purposes, subject to the terms of this Agreement. This license to the Outputs is revocable only upon an uncured material breach by Licensee or if required under Section 6.3.

‍5. CONFIDENTIALITY

5.1. Definition. “Confidential Information” includes all information marked pursuant to this Section and disclosed by either party, before or after the Effective Date, and generally not publicly known, whether tangible or intangible and in whatever form or medium provided, as well as any information generated by a party that contains, reflects, or is derived from such information.

‍5.2. Exceptions. Without granting any right or license, the obligations of the parties hereunder shall not apply to any material or information that: (i) is or becomes a part of the public domain through no act or omission by the receiving party; (ii) is independently developed by the other party without use of the disclosing party′s Confidential Information; (iii) is rightfully obtained from a third party without any obligation of confidentiality; or (iv) is already known by the receiving party without any obligation of confidentiality prior to obtaining the Confidential Information from the disclosing party. In addition, neither party shall be liable for disclosure of Confidential Information if made in response to a valid order of a court or authorized agency of government, provided that notice is promptly given to the disclosing party so that the disclosing party may seek a protective order and engage in other efforts to minimize the required disclosure. The parties shall cooperate fully in seeking such protective order and in engaging in such other efforts.

‍5.3. Ownership of Confidential Information and Intellectual Property. Nothing in this Agreement shall be construed to convey any title or ownership rights to the Platform or other Confidential Information to Licensee or to any patent, copyright, trademark, or trade secret embodied therein, or to grant to Licensee any other right, title, or ownership interest to the FounderNest Confidential Information. Neither party shall, in whole or in part, sell, lease, license, assign, transfer, or disclose the Confidential Information to any third party and shall not copy, reproduce or distribute the Confidential Information except as expressly permitted in this Agreement. Each party shall take every reasonable precaution, but no less than those precautions used to protect its own Confidential Information, to prevent the theft, disclosure, and the unauthorized copying, reproduction or distribution of the Confidential Information.

‍5.4. Non-Disclosure. Each party agrees at all times to keep strictly confidential all Confidential Information belonging to the other party. Each party agrees to restrict access to the other party′s Confidential Information only to those employees or Subcontractors who (i) require access in the course of their assigned duties and responsibilities; and (ii) have agreed in writing to be bound by provisions no less restrictive than those set forth in this Section.

‍5.5. Injunctive Relief. Each party acknowledges that any unauthorized disclosure or use of the Confidential Information would cause the other party imminent irreparable injury and that such party shall be entitled to, in addition to any other remedies available at law or in equity, temporary, preliminary, and permanent injunctive relief in the event the other party does not fulfill its obligations under this Section.

‍5.6. Suggestions/Improvements to Platform. Notwithstanding this Section, unless otherwise expressly agreed in writing, all suggestions, solutions, improvements, corrections, and other contributions provided by Licensee regarding the Platform or other FounderNest materials provided to Licensee shall be owned by FounderNest, and Licensee hereby agrees to assign any such rights to FounderNest. Nothing in this Agreement shall preclude FounderNest from using in any manner or for any purpose it deems necessary, the know-how, techniques, or procedures acquired or used by FounderNest in the performance of services hereunder.

‍6. WARRANTY

6.1. Platform Warranty. FounderNest warrants that FounderNest has taken commercially reasonable steps to ensure the Platform will be free of (a) any computer virus, trap door, Trojan horse, spyware or other destructive code, and (b) any viral “open source” that would force Licensee′s proprietary or Confidential Information into the public domain. FounderNest warrants that it will work in a good and workmanlike manner to ensure that the Platform is available and operational in accordance with its documentation (except during reasonable maintenance downtime periods).

‍6.2. Authorized Representative. Licensee and FounderNest warrant that each has the right to enter into this Agreement and that the Agreement shall be executed by an authorized representative of each entity.

‍6.3. Disclaimer of Warranties. Licensee acknowledges and agrees that it is not relying on any statement or warranty not expressly provided herein with respect to the Platform or maintenance, or other services provided hereunder. THE DATA AND MATERIALS ACCESSIBLE THROUGH THE PLATFORM ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. FOUNDERNEST SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY DATA, CONTENT OR MATERIALS ACCESSED THROUGH THE PLATFORM AND FOUNDERNEST MAKES NO REPRESENTATION THAT ANY DATA, CONTENT OR MATERIALS IS ACCURATE OR COMPLETE. FOUNDERNEST MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

‍6.4. No Modifications. Notwithstanding anything to the contrary in this Section, any and all warranties under this Agreement are VOID if Licensee has made changes to the Platform or has permitted any changes to be made other than by or with the express, written approval of FounderNest.

7. LIMITATION OF LIABILITY; INDEMNIFICATION

7.1. Liability Cap. IN NO EVENT SHALL FOUNDERNEST BE LIABLE UNDER ANY THEORY OF LIABILITY, WHETHER IN AN EQUITABLE, LEGAL, OR COMMON LAW ACTION ARISING HEREUNDER FOR CONTRACT, STRICT LIABILITY, INDEMNITY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, FOR DAMAGES WHICH, IN THE AGGREGATE, EXCEED THE AMOUNT OF THE FEES PAID BY LICENSEE FOR THE PLATFORM WHICH GAVE RISE TO SUCH DAMAGES IN THE SIX (6) MONTHS PRIOR TO THE CLAIM AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.

‍7.2. Disclaimer of Damages. IN NO EVENT SHALL FOUNDERNEST BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND AND HOWEVER CAUSED INCLUDING, BUT NOT LIMITED TO, BUSINESS INTERRUPTION OR LOSS OF PROFITS, BUSINESS OPPORTUNITIES, OR GOODWILL EVEN IF NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGE, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.

‍7.3. Indemnification. FounderNest will defend at its expense any cause of action brought against Licensee, to the extent that such cause of action is based on a claim that the Platform, as hosted by FounderNest and made available to Licensee, infringes a United States patent, copyright, or trade secret of a third party. FounderNest will pay those costs and damages finally awarded against Licensee pursuant to any such claim or paid in settlement of any such claim if such settlement was approved in advance by FounderNest. Licensee may retain its own counsel at its own expense. FounderNest will have no liability for any claim of infringement based on: (i) Platform which has been modified by parties other than FounderNest where the infringement claim would not have occurred in the absence of such modification; (ii) Licensee′s use of the Platform in conjunction with data or third party software where use with such data or third party software gave rise to the infringement claim; or (iii) Licensee′s use of the Platform outside the permitted scope of this Agreement. Should the Platform become, or in FounderNest′s opinion is likely to become, the subject of a claim of infringement, FounderNest may, at its option, (i) obtain the right for Licensee to continue using the Platform, (ii) replace or modify the Platform so it is no longer infringing or reduces the likelihood that it will be determined to be infringing, or (iii) if neither of the foregoing options is commercially reasonable, terminate the access and use of the Platform and any impacted Results. Upon such termination, Licensee shall cease accessing the Platform and FounderNest will refund to Licensee, as Licensee′s sole remedy for such subscription termination, the unused portion of the subscription fees that were prepaid by Licensee for the terminated license. THIS SECTION STATES THE ENTIRE LIABILITY OF FOUNDERNEST WITH RESPECT TO ANY CLAIM OF INFRINGEMENT REGARDING THE PLATFORM. FounderNest′s obligations as set forth in this Section are subject to Licensee: (i) giving FounderNest prompt written notice of any such claim or the possibility thereof; (ii) giving FounderNest sole control over the defense and settlement of any such claim; and (iii) providing full cooperation in good faith in the defense of any such claim.

‍8. TERM AND TERMINATION

8.1. Expiration. The Agreement will terminate upon expiration or termination of all licenses granted under Order Forms.

‍8.2. Termination by FounderNest. This Agreement and any license created hereunder may be terminated by FounderNest (i) if Licensee fails to make any payments due hereunder within fifteen (15) days of the due date; (ii) on thirty (30) days written notice to Licensee if Licensee fails to perform any other material obligation required of it hereunder (provided that the notice is detailed enough to describe what actions must be taken to cure the breach), and such failure is not cured within such thirty (30) day period; or (iii) Licensee files a petition for bankruptcy or insolvency, has an involuntary petition filed against it, commences an action providing for relief under bankruptcy laws, files for the appointment of a receiver, or is adjudicated a bankrupt concern.

‍8.3. Termination by Licensee. This Agreement may be terminated by Licensee on thirty (30) days written notice to FounderNest if FounderNest fails to perform any material obligation required of it hereunder, and such failure is not cured within thirty (30) days from FounderNest′s receipt of Licensee′s notice (provided that the notice is detailed enough to describe what actions must be taken to cure the breach) or a longer period if FounderNest is working diligently towards a cure.

‍8.4. Termination. Upon termination of this Agreement, Licensee shall no longer access the Platform and Licensee shall not circumvent any security mechanisms contained therein.

‍8.5. Other Remedies. Termination of this Agreement shall not limit either party from pursuing other remedies available to it, including injunctive relief, nor shall such termination relieve Licensee′s obligation to pay all fees that have accrued or are otherwise owed by Licensee under this Agreement.

‍9. MISCELLANEOUS

9.1. Compliance With Laws. Licensee agrees to comply with all applicable laws, regulations, and ordinances relating to its performance under this Agreement. The parties agree that the Agreement shall not be governed by the United Nations Convention on the International Sale of Goods or by UCITA, the application of which is expressly excluded.

‍9.2. Assignment. Licensee may not assign this Agreement or otherwise transfer any license created hereunder whether by operation of law, change of control, or in any other manner, without the prior written consent of FounderNest. Any assignment or transfer in violation of this Section shall be null and void.

‍9.3. Survival. The provisions set forth in Sections 2, 3, 4, 5.2, 6, 7.4, and 8 of this Agreement shall survive termination or expiration of this Agreement and any applicable license hereunder.

‍9.4. Notices. Any notice required under this Agreement shall be given in writing and shall be deemed effective upon delivery to the party to whom addressed. All notices shall be sent to the applicable address specified on the face page hereof or to such other address as the parties may designate in writing. Unless otherwise specified, all notices to FounderNest shall be sent to the attention of the CEO. Any notice of material breach shall clearly define the breach including the specific contractual obligation that has been breached.

‍9.5. Force Majeure. FounderNest shall not be liable to Licensee for any delay or failure of FounderNest to perform its obligations hereunder if such delay or failure arises from any cause or causes beyond the reasonable control of FounderNest. Such causes shall include, but are not limited to, acts of God, floods, fires, loss of electricity or other utilities, or delays by Licensee in providing required resources or support or performing any other requirements hereunder.

‍9.6. Restricted Rights. Use of the Platform by or for the United States Government is conditioned upon the Government agreeing that the Platform is subject to Restricted Rights as provided under the provisions set forth in FAR 52.227-19. Licensee shall be responsible for assuring that this provision is included in all agreements with the United States Government and that the Platform, when delivered to the Government, is correctly marked as required by applicable Government regulations governing such Restricted Rights as of such delivery.

‍9.7. Entire Agreement. This Agreement constitutes the entire agreement between the parties regarding the subject matter hereof and supersedes all proposals and prior discussions and writings between the parties with respect thereto. Any signed copy of this Agreement made by reliable means (e.g., photocopy or facsimile) shall be considered an original.

‍9.8. Modifications. The parties agree that this Agreement cannot be altered, amended or modified, except by a writing signed by an authorized representative of each party.

‍9.9. No Waiver. No failure or delay in enforcing any right or exercising any remedy will be deemed a waiver of any right or remedy.

‍9.10. Severability and Reformation. Each provision of this Agreement is a separately enforceable provision. If any provision of this Agreement is determined to be or becomes unenforceable or illegal, such provision shall be reformed to the minimum extent necessary in order for this Agreement to remain in effect in accordance with its terms as modified by such reformation.

‍9.11. Choice of Law. THIS AGREEMENT SHALL BE GOVERNED AND INTERPRETED BY THE LAWS OF THE STATE OF CALIFORNIA WITHOUT REGARD TO THE CONFLICTS OF LAW PROVISIONS OF ANY STATE OR JURISDICTION. ANY ACTION RELATED TO THIS AGREEMENT SHALL BE BROUGHT IN THE STATE OR FEDERAL COURTS LOCATED IN SANTA CLARA COUNTY, CALIFORNIA AND LICENSEE HEREBY SUBMITS TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS.

Privacy Policy

Last Updated: May, 2023

FounderNest know FounderNest's Licensees care about how their personal information is used and shared, and FounderNest take their privacy seriously. Please read the following to learn more about FounderNest’s Privacy Policy.

By using or accessing the Services in any manner, Licensee acknowledges that Licensee accepts the practices and policies outlined in this Privacy Policy, and Licensee hereby consents that Licensee will collect, use, and share Licensee's information in the following ways.

Remember that the use of FounderNest’s Services is at all times subject to the Terms of Service, which incorporates this Privacy Policy. Any terms Licensee uses in this Policy without defining them have the definitions given to them in the Terms of Service. In addition, if Licensee is a resident of the European Union, United Kingdom, Lichtenstein, Norway, or Iceland, Licensee may have additional rights under the EU General Data Protection Regulation as outlined in our GDPR Privacy Policy.

‍What does this Privacy Policy cover?

‍This Privacy Policy covers FounderNest’s processing of personally identifiable information (“Personal Information”) that FounderNest gather when Licensee is accessing or using FounderNest’s Services, but not to the practices of companies FounderNest don’t own or control, or people that FounderNest don’t manage. FounderNest gather various types of Personal Information from FounderNest’s Licensees, as explained in more detail below, and FounderNest use this Personal Information internally in connection with FounderNest’s Services, including to personalize, provide, and improve FounderNest’s services, to allow Licensee to set up a Licensee account and profile, to fulfill Licensee's requests for certain products and services, and to analyze how Licensee uses the Services. In certain cases, FounderNest may also share some Personal Information with third parties, but only as described below.

As noted in the Terms of Service, FounderNest do not knowingly collect or solicit personal information from anyone under the age of 16. If Licensee is under 16, please do not attempt to register for the Services or send any personal information about yourself to FounderNest. If FounderNest learn that FounderNest have collected personal information from a child under age 16, FounderNest will delete that information as quickly as possible. If Licensee believes that a child under 16 may have provided FounderNest with personal information, please contact FounderNest at legal@foundernest.com.

Will FounderNest ever change this Privacy Policy?

‍We’re constantly trying to improve FounderNest’s Services, so FounderNest may need to change this Privacy Policy from time to time as well, but FounderNest will alert Licensee to changes by placing a notice on the FounderNest’s website, by sending Licensee an email, and/or by some other means. If Licensee has opted not to receive legal notice emails from FounderNest (or Licensee hasn’t provided FounderNest with Licensee’s email address), those legal notices will still govern Licensee’s use of the Services, and Licensee is still responsible for reading and understanding them. If Licensee uses the Services after any changes to the Privacy Policy have been posted, that means Licensee agrees to all of the changes. Use of information FounderNest collect now is subject to the Privacy Policy in effect at the time such information is collected.

‍What Information does FounderNest Collect?

‍Information Licensee Provides to FounderNest:

‍FounderNest receive and store any information Licensee knowingly provides to us. For example, through the registration process and/or through Licensee’s account settings, FounderNest may collect Personal Information such as Licensee’s name, email address, phone number, and third-party account credentials. If Licensee provides third-party account credentials to FounderNest or otherwise sign in to the Services through a third party site or service (such as Twitter, Facebook, Linkedin, or Google), Licensee understands some content and/or information in those accounts (“Third Party Account Information”) may be transmitted into Licensee’s account with us, and that Third Party Account Information transmitted to FounderNest’s Services is covered by this Privacy Policy. Certain information may be required to register with us or to take advantage of some of FounderNest features. In addition, FounderNest may process Licensee’s bank account data in those cases where the use of the Service requires the payment of any fee; these data will be processed for the sole purpose of managing such payment.

FounderNest may communicate with Licensee if Licensee has provided FounderNest the means to do so. For example, if Licensee has given us Licensee’s email address, FounderNest may send Licensee promotional email offers on behalf of other businesses, or email Licensee about Licensee’s use of the Services. Also, FounderNest may receive a confirmation when Licensee opens an email from us. This confirmation helps FounderNest make FounderNest’s communications with Licensee more interesting and improve our services. If Licensee does not want to receive communications from us, please contact us at legal@foundernest.com.

Information Collected Automatically

‍Whenever Licensee interacts with FounderNest’s Services, FounderNest automatically receive and record information on FounderNest’s server logs from Licensee’s browser, device or any medium across all communication channels with Licensee, which may include Licensee’s IP address, geolocation data, device identification,“cookie” information, the type of browser and/or device Licensee is using to access FounderNest’ Services, and the page or feature Licensee requested.“Cookies” are identifiers FounderNest transfer to Licensee’s browser or device that allow FounderNest to recognize Licensee’s browser or device and tell FounderNest how and when pages and features in FounderNest’ Services are visited and by how many people. You may be able to change the preferences on Licensee’s browser or device to prevent or limit Licensee’s device’s acceptance of cookies, but this may prevent Licensee from taking advantage of some of FounderNest’ features.

FounderNest’ partners may also transmit cookies to Licensee’s browser or device, when Licensee clicks on ads that appear on the Services. Also, if Licensee clicks on a link to a third party website or service, a third party may also transmit cookies to Licensee. Again, this Privacy Policy does not cover the use of cookies by any third parties, and FounderNest aren’t responsible for their privacy policies and practices. Please be aware that cookies placed by third parties may continue to track Licensee’s activities online even after Licensee has left FounderNest’ Services, and those third parties may not honor“Do Not Track” requests Licensee has set using Licensee’s browser or device.

We may use this data to customize content for Licensee that FounderNest think Licensee might like, based on Licensee’s usage patterns. We may also use it to improve the Services – for example, this data can tell FounderNest how often Licensees use a particular feature of the Services, and FounderNest can use that knowledge to make the Services interesting to as many Licensees as possible.

‍What types of cookies do FounderNest use?

‍Below FounderNest provide information about the types of cookies used in the Service and their purpose.

Type of cookies by managing entity: Depending on the entity that manages the equipment or domain from which the cookies are sent and the data obtained is processed, the following types can be distinguished:

1. Own cookies: Those sent to the Licensee's terminal from the Website.
2. Third-party cookies: Those sent to the Licensee's terminal from equipment or a domain that is not managed by the publisher, but by another entity that processes the data obtained through the cookies, such as www.google.com, www.youtube.com, or www.twitter.com.

Type of cookies by length of time that they remain active in the terminal:

1. Session cookies: They are a type of cookies designed to obtain and store data while the Licensee accesses a website. As their name indicates, these cookies are stored in the Licensee's terminal until the browsing session is over.
2. Persistent cookies: These are a type of cookies in which the data is stored in the terminal and can be accessed and processed during a period defined by the person responsible for the cookie, which can range from a few minutes to several years.

Types of cookie by purpose:

1. Technical cookies: Those that enable users to browse through the website or the platform and use the various options or services available on it, such as, for example, monitoring traffic and data communication, identifying the session, accessing areas of restricted access, using security elements while browsing, or storing contents for the broadcasting of videos or sound or sharing contents through social media such as Twitter, Facebook, Google +, or YouTube. These are session and persistent cookies.
2. Customisation cookies: They are those that allow the Licensee to access the service with some predefined characteristics based on a series of criteria in the Licensee's terminal, such as the type of browser through which the Licensee accesses the service, the regional configuration from where the Licensee accesses the service, etc.
3. Analytical cookies: These are cookies that make it possible to quantify the number of users and therefore measure and statistically analyse the use of our website by users. To this end, Licensee’s browsing through our website is analysed to improve it.
4. Advertising cookies: Are those which, processed by FounderNest or by third parties, allow us to analyse Licensee’s browsing habits on the Internet and which enable us to show Licensee advertising related to Licensee’s browsing profile.

‍What cookies do FounderNest use?

Name	Function	Owner	Duration
_hjIncludedInPageviewSample	Analytical	FounderNest	1 day
_hjAbsoluteSessionInProgress	Analytical	FounderNest	1 day
_gat	Analytical	FounderNest	1 day
_hjid	Analytical	FounderNest	1 year
_hjFirstSeen	Analytical	FounderNest	1 day
_hjTLDTest	Analytical	FounderNest	Session Cookie
_hjIncludedInSessionSample	Analytical	FounderNest	1 day
_gid	Analytical	FounderNest	1 day
_ga	Analytical	FounderNest	2 years
foundernest_user_token	Technical	FounderNest	Permanent
foundernest_accepted_cookies	Technical	FounderNest	Permanent

In addition to the cookies that FounderNest enables when Licensee visit us, Licensee will see that there are also third-party cookies, necessary for providing the Services. FounderNest work with online advertising companies to place FounderNest’ cookies on their websites or ads. This helps FounderNest know how often a click on one of FounderNest’ ads becomes a purchase or another action on the advertiser's website.

‍How can I manage the cookies?

‍On the basis of the information provided in this Cookies Policy, FounderNest would now like to give Licensee details about how to manage the cookies used in the Services via the options offered by the most common browsers (Edge, Firefox and Chrome). If Licensee reject the installation of all cookies of the Service, some features and contents may be affected.

- Google Chrome: https://support.google.com/chrome/answer/95647
- Mozilla Firefox: https://support.mozilla.org/en-US/kb/clear-cookies-and-site-data-firefox
- Microsoft Edge: https://support.microsoft.com/en-us/microsoft-edge/delete-cookies-in-microsoft-edge-63947406-40ac-c3b8-57b9-2a946a29ae09

‍To disable, restrict or block cookies, Licensee must edit browser settings on Licensee’s device, whether it is a computer, smartphone or tablet. As a rule, browsers offer the following settings options regarding the installation of cookies:

- The browser rejects all cookies and, therefore, no cookie from any website is installed on Licensee’s device.
- The browser notifies Licensee before installing the cookie for Licensee to decide whether or not to accept installation.
- The browser only rejects third-party cookies from websites Licensee visit, but not those used by the website which Licensee is browsing.
- The browsing option in private mode whereby cookies are installed on Licensee’s device but are automatically deleted upon exiting the website:
- Google Chrome: https://support.google.com/chrome/answer/95464
- Mozilla Firefox: https://www.mozilla.org/en-US/firefox/browsers/incognito-browser/#:~:text=In%20Firefox%2C%20Private%20Browsing%20deletes,blocks%20tracking%20cookies%20by%20default.
- Microsoft Edge: https://support.microsoft.com/en-us/microsoft-edge/browse-inprivate-in-microsoft-edge-e6f47704-340c-7d4f-b00d-d0cf35aa1fcc

‍Will FounderNest Share Any of the Personal Information it Receives?

‍FounderNest may share Licensee’s Personal Information with third parties as described in this section:

Information that’s been de-identified. FounderNest may de-identify Licensee’s Personal Information so that Licensee are not identified as an individual, and provide that information to FounderNest’ partners. FounderNest may also provide aggregate usage information to FounderNest’ partners (or allow partners to collect that information from Licensee), who may use such information to understand how often and in what ways people use FounderNest’ Services, so that they, too, can provide Licensee with an optimal online experience. However, FounderNest never disclose aggregate usage or de-identified information to a partner (or allow a partner to collect such information) in a manner that would identify Licensee as an individual person.

Affiliated Businesses: In certain situations, businesses or third party websites we’re affiliated with may sell or provide products or services to Licensee through or in connection with the Services (either alone or jointly with us). Licensee can recognize when an affiliated business is associated with such a transaction or service, and FounderNest will share Licensee’s Personal Information with that affiliated business only to the extent that it is related to such transaction or service. One such service may include the ability for Licensee to automatically transmit Third Party Account Information to Licensee’s Services profile or to automatically transmit information in Licensee’s Services profile to Licensee’s third party account; for example, results of searches Licensee run on the Services. FounderNest have no control over the policies and practices of third party websites or businesses as to privacy or anything else, so if Licensee choose to take part in any transaction or service relating to an affiliated website or business, please review all such business’ or websites’ policies.

Agents: FounderNest employ other companies and people to perform tasks on our behalf and need to share Licensee’s information with them to provide products or services to Licensee; for example, FounderNest may use a payment processing company to receive and process Licensee’s credit card transactions for us. Unless FounderNest tell Licensee differently, our agents do not have any right to use the Personal Information FounderNest share with them beyond what is necessary to assist us.

Licensee Profiles and Submissions: Certain Licensee profile information, including Licensee’s name, location, and any video or image content that such Licensee has uploaded to the Services, may be displayed to other Licensee s to facilitate Licensee interaction within the Services or address Licensee’s request for FounderNest’s services. Licensee’s account privacy settings may allow Licensee to limit what information in Licensee’s Licensee profile is visible to others. If Licensee signs into the Services through a third party social networking site or service, Licensee’s list of “friends” from that site or service may be automatically imported to the Services. Again, FounderNest do not control the policies and practices of any other third party site or service.

Business Transfers: FounderNest may choose to buy or sell assets, and may share and/or transfer customer information in connection with the evaluation of and entry into such transactions. Also, if FounderNest (or FounderNest’s assets) are acquired, or if FounderNest go out of business, enter bankruptcy, or go through some other change of control, Personal Information could be one of the assets transferred to or acquired by a third party.

Protection of FounderNest and Others: FounderNest reserve the right to access, read, preserve, and disclose any information that FounderNest believe is necessary to comply with law or court order; enforce or apply FounderNest’s Terms of Service and other agreements; or protect the rights, property, or safety of FounderNest, FounderNest’s employees, FounderNest’s Licensees, or others.

‍Is Personal Information about me secure?

‍Licensee’s account is protected by a password for Licensee’s privacy and security. If Licensee accesses Licensee’s account via a third party site or service, Licensee may have additional or different sign-on protections via that third party site or service. Licensee must prevent unauthorized access to Licensee’s account and Personal Information by selecting and protecting Licensee’s password and/or other sign-on mechanism appropriately and limiting access to Licensee’s computer or device and browser by signing off after Licensee has finished accessing Licensee’s account.

FounderNest endeavor to protect the privacy of Licensee’s account and other Personal Information FounderNest hold in FounderNest’s records, but unfortunately, FounderNest cannot guarantee complete security. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of Licensee’s information at any time.

‍What Personal Information can I access?

‍Through Licensee’s account settings, Licensee may access, and, in some cases, edit or delete the following information Licensee provided to us:

- Name and password
- Email address
- Licensee information (role, company) and Licensee preferences (including email preferences)
- Scouting campaign information (brief, sample companies, keywords, criteria) if Licensee are a corporate user
- Decisions on companies and decision information

The information Licensee can view, update, and delete may change as the Services change. If Licensee has any questions about viewing or updating information FounderNest have on file about Licensee, Licensee may contact FounderNest at legal@foundernest.com.

Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to contact FounderNest to prevent disclosure of Personal Information to third parties for such third parties’ direct marketing purposes; in order to submit such a request, Licensee should contact FounderNest at legal@foundernest.com.

‍What choices does Licensee have?

‍Licensee can always opt not to disclose information to us, but some information may be needed to register with FounderNest or to take advantage of some of FounderNest’ features.

Licensee may be able to add, update, or delete information as explained above. When Licensee updates information, however, FounderNest may maintain a copy of the unrevised information in our records. Some information may remain in our records after Licensee’ deletion of such information from Licensee’ account. FounderNest may use any aggregated data derived from or incorporating Licensee’ Personal Information after Licensee update or delete it, but not in a manner that would identify Licensee personally.

‍Is there anything else?

‍FounderNest collects information about companies and/or individuals from public sources and/or directly from the companies and / or individuals themselves; and serves it to Licensee doing a processing of all the data points and transforming them with their FounderNest’ own algorithms into useful insights for Licensee to make a decision about Licensee’ interest in the company.

‍What if Licensee has questions about this policy?

‍If Licensee has any questions or concerns regarding our privacy policies, Licensee can send FounderNest a detailed message to legal@foundernest.com, and FounderNest will try to resolve Licensee’ concerns.

Other tools and platforms

When you visit or log in to our website, cookies and similar technologies may be used by our online data partners or vendors to associate these activities with other personal information they or others have about you, including by association with your email or home address. We (or service providers on our behalf) may then send communications and marketing to these email or home addresses. You may opt out of receiving this advertising by visiting https://app.retention.com/optout

Category of Data	Source of Data (if not Data Subject)	Purpose of Processing	Grounds for Processing (e.g., contractual necessity, legitimate interest, consent)	Specific Legitimate Interest (if applicable)
Customer Account Data (e.g., first last name, email, ip address)	Data Subject	Analytics	Legitimate Interest	Monitoring and conducting analytics on website & app use, pages/links clicked, traffic demographics, patterns of navigation, on potential security/spam breach, on performance issues, etc.
Customer Account Data (e.g., first last name, email, company)	Data Subject	Customer Success Communication	Contractual Necessity	Personalised service and communications related to the customer’s use of the product.
Customer Account Data (e.g. first last name, email, company)	Data Subject	Marketing Campaign (email, list creation, ads)	Legitimate Interest	Personalization, market research, targeted advertisement, or direct marketing.
Customer Account Data (e.g. first last name, device type, browser)	Data Subject	Product Development	Legitimate Interest	Improving performance, troubleshooting bugs, other internal development needs.
Customer Account Data (e.g. first last name, email)	Data Subject	Sales Communication	Legitimate Interest and/or consent	Targeted advertisement or direct marketing.
Customer Account Data (e.g. first last name, email)	Data Subject	Using FounderNest Products	Contractual Necessity	Contractual Necessity.
Customer Account Data (e.g. image, gender)	Data Subject	Using FounderNest Products	Legitimate Interest	Creation of profiles using public known data, personalized service and communications related to the customer’s use of the product.
Billing Data (e.g. card type, card country)	Data Subject	Analytics	Legitimate Interest	Monitoring and conducting analytics on website & app use, pages/links clicked, traffic demographics, patterns of navigation, on potential security/spam breach, on performance issues, etc.
Billing Data (e.g. first last name, card type, lat 4 digits)	Data Subject	Customer Success Communication	Contractual Necessity	Personalized service and communications related to the customer’s use of the product.
Billing Data (e.g. card type, card location)	Data Subject	Product Development	Contractual Necessity	Improving performance, troubleshooting bugs, other internal development needs.
Customer Support Data (e.g. first last name, email, address)	Data Subject	Analytics	Legitimate Interest	Monitoring and conducting analytics on website & app use, pages/links clicked, traffic demographics, patterns of navigation, on potential security/spam breach, on performance issues, etc.
Customer Support Data (e.g. first last name, email, address, last 4 digits of Credit Card)	Data Subject	Customer Success Communication	Contractual Necessity	Personalized service and communications related to the Licensee’s use of the product.
Customer Support Data (e.g. first last name, email)	Data Subject	Marketing Campaign (email, list creation, ads)	Legitimate Interest	Personalization, market research, targeted advertisement, or direct marketing.
Customer Support Data (e.g. first last name, email)	Data Subject	Product Development	Contractual Necessity	Improving performance, troubleshooting bugs, other internal development needs.
Customer Support Data (e.g. first last name, email)	Data Subject	Sales Communication	Legitimate Interest	Targeted advertisement or direct marketing.
Customer Support Data (e.g. first last name, email)	Data Subject	Using FounderNest Products	Contractual Necessity	Contractual Necessity.
Person Public Data (e.g. first last name, news articles, company, investments)	Data Subject	Analytics	Legitimate Interest	Monitoring and conducting analytics on website & app use, pages/links clicked, traffic demographics, patterns of navigation, on potential security/spam breach, on performance issues, etc.
Person Public Data (e.g. first last name)	Data Subject	Customer Success Communication	Contractual Necessity	Personalized service and communications related to the Licensee’s use of the product.
Person Public Data (e.g. first last name)	Data Subject	Marketing Campaign (email, list creation, ads)	Legitimate Interest	Personalization, market research, targeted advertisement, or direct marketing.
Person Public Data (e.g. first last name, news articles, company, investments)	Data Subject	Product Development	Contractual Necessity	Improving performance, troubleshooting bugs, other internal development needs.
Person Public Data (e.g. first last name)	Data Subject	Internal Lead Generation	Legitimate Interest	Internal marketing and sales research.
Person Public Data (e.g. first last name, news articles, company, investments)	Data Subject	Using FounderNest Products	Legitimate Interest	Creation of public profiles using public known data, personalized service and communications related to the Licensee’s use of the product.
Licensee Session Data (e.g. page url, utms)	Data Subject	Advertising	Legitimate Interest	Personalization, market research, targeted advertisement, or direct marketing.
Licensee Session Data (e.g. page url)	Data Subject	Mobile App Marketing	Contractual Necessity	Personalization, market research, targeted advertisement, or direct marketing.
Licensee Session Data (e.g. utms, logged in, xsrf token, email token)	Data Subject	Using FounderNest Products	Contractual Necessity	Maintain logged-in state during a single browsing session. Maintain Licensee logged in state across browsing sessions. Enable users to log back in when a new session is started. Prevent cross-site request forgery attacks. Product feature rollout, conducting analysis. Ad performance and conversion tracking. Personalization of Web Content. Improvement of Service provided to Licensee.