ASCENSION LABS, INC.

TERMS AND CONDITIONS OF USE AND PRIVACY POLICY

Effective date: July 1, 2019

Welcome to https://www.ascend.io/ (the “Site”), owned and operated by Ascension Labs, Inc. (“Ascend,” “we,” or “us”).  By using this Site, you agree to these terms and conditions of use (the “Terms”); if you do not agree, you may not use the Site.  Ascend may modify the Site and/or these Terms from time to time without notice to you, except that if Ascend makes material changes to these Terms, we will post the revised Terms and the revised effective date on this Site and/or provide notice by some other means.  By using the Site following any modifications to the Terms, you agree to be bound by the modified Terms. The Terms do not govern use of any of Ascend’s services, which are subject to a separate services agreement to be signed between any user of the services and Ascend.

Use of the Site.  You must be at least 13 years old to use our Site. We do not knowingly collect or solicit personally identifiable information from individuals under 13 or residing outside of the United States. If you are under 13, please do not attempt to use the Site or send any personal information about yourself to us. If we learn we have collected personal information from an individual under 13, we will delete that information as quickly as possible. You will comply with all applicable laws, rules and regulations in connection with your use of the Site.  You will not violate or attempt to violate the security of the Site or Ascend’s systems or network security, including, without limitation by (i) accessing data not intended for users of the Site or gaining unauthorized access to an account, server or any other computer system; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; (iii) attempting to interfere with the function of the Site, host or network. You may not “crawl,” “scrape,” or “spider” any portion of the Site (through use of manual or automated means).

Information Not Confidential.  If you choose to contact any Ascend personnel using the contact information you find on the Site, you understand any information and/or materials you provide to such personnel will not be treated as confidential or proprietary.  Ascend undertakes no obligation to review information submitted by you, or to return such information to you.  

Ascend Proprietary Rights.  The Site, including all of its contents (including, text, images, audio, and the HTML used to generate the pages) (“Content”), are the property of Ascend or that of our suppliers or licensors and are protected trademark, copyright, and/or other intellectual property laws.  You may not download, copy, print, display, perform, reproduce, publish, modify, prepare derivative works from, license, transmit, or distribute any Content from this Site in whole or in part, for any public or commercial purpose without prior written consent from Ascend. Ascend grants you a limited, personal, non-exclusive, non-transferable license to access the Site, and to use the Content, solely for personal, internal and non-commercial purposes.  Ascend (on behalf of itself and its suppliers and licensors) reserves all rights not expressly granted herein.  

Without limiting the foregoing, as between you and Ascend, Ascend is the owner and/or authorized user of any trademark, registered trademark, logo, and/or service mark appearing on the Site (the “Marks”).  Nothing on the Site should be construed to grant any license or right to use any Ascend Mark. You may not use or exploit any Marks without prior written consent from Ascend.

Privacy Policy.  The Site may contain features that permit you to provide us with the following information: 

  • First and last name
  • Email address
  • Company name
  • Resume (if you would like to apply for open positions at Ascend)

The information you provide to us will be treated in accordance with Section 2, but we will only use your email address to send you messages regarding Ascend’s business or you application to work at Ascend; if you do not want to receive further emails from us, please click the “unsubscribe” link in any such message.  Ascend will also collect information during your visit to the Site through automatic data collection tools, including:

  • IP address
  • Device identifiers and information
  • Web browser information 
  • Page view statistics
  • Browsing history
  • Usage information
  • Log data (e.g. access times, hardware and software information)
  • Cookies and certain other tracking technologies (e.g., web beacons, pixel tags, SDKs, etc.) – for additional information about cookies, see below

Ascend may freely use this information for its business purposes, and may disclose such information, in a form that does not personally identify you, to any other person or entity.  We may share statistical or aggregated non-personal information about our users with advertisers, business partners, sponsors and other third parties. This data is used to customize Ascend website content and advertising to deliver a better experience to our users.  Ascend may also share any information (personally identifiable or otherwise) it may have collected if Ascend believes it is necessary to (a) comply with law or court order or (b) protect and/or defend Ascend’s rights, safety, or property, or those of any other person or entity.  If we (or our assets) are acquired, or if we go out of business, enter bankruptcy, or go through some other change of control, personal information collected as described in this Privacy Policy could be one of the assets transferred to or acquired by a third party. The Site is not directed to children and if you are under 13, you may not provide Ascend with any personally identifiable information about you whatsoever. If Ascend discovers it has collected any personally identifiable information regarding a child under 13, without verifiable parental consent in accordance with the Children’s Online Privacy Protection Act, Ascend will immediately delete such information.

Links from and to the Site.  The Site may contain links to third party websites (“Third Party Sites”).  Third Party Sites are not reviewed, controlled or examined by Ascend in any way and Ascend is not responsible for any content contained therein.  These links do not imply Ascend’s endorsement of or association with any Third Party Site. Ascend is not liable, directly or indirectly, to anyone for any loss or damage arising from or in connection with use of the Third Party Sites.

Disclaimer of Warranties.  THE SITE, INCLUDING, WITHOUT LIMITATION, THE SITE AND ALL CONTENT AND FUNCTIONALITY THEREOF, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ASCEND (ON BEHALF OF ITSELF AND ITS SUPPLIERS AND LICENSORS) HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED.  NO ADVICE, RESULTS, INFORMATION OR MATERIALS, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. 

Limitation of Liability.  TO THE GREATEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL ASCEND, ITS AFFILIATES (INCLUDING AFFILIATED FUNDS) OR ANY OF ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS (THE “ASCEND PARTIES”), BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, EVEN IF ANY ASCEND PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL THE TOTAL LIABILITY OF ANY ASCEND PARTY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM OR RELATED TO THE TERMS, THE CONTENT, AND/OR YOUR USE OF THE SITE, EXCEED, IN THE AGGREGATE, $100.00.  

General Information.  These Terms are governed by the laws of the State of California, without regard to the conflicts of laws provisions thereof.  In the event of any dispute arising in connection with these Terms, you hereby consent to exclusive jurisdiction and venue in the state and federal courts of San Francisco County, California. The failure of Ascend to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision.  If any provision of these Terms is found by a court of competent jurisdiction to be invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable.  You may not assign these Terms or transfer any of your rights or obligations hereunder without Ascend’s express written consent.  These Terms inure to the benefit of Ascend’s successors, assigns and licensees. These Terms are the entire agreement between you and Ascend with respect to the subject matter herein.  

Additional Information about Cookies.  

The Site use cookies and similar technologies such as pixel tags, web beacons, clear GIFs, and JavaScript (collectively, “Cookies”) to enable our servers to recognize your web browser and tell us how and when you visit and use our Site, to analyze trends, learn about our user base and operate and improve our Site. Cookies are small files – usually consisting of letters and numbers – placed on your computer, tablet, phone, or similar device when you use that device to visit our Site. We sometimes combine information collected through Cookies that is not Personal Data with Personal Data that we have about you, for example, to tell us who you are or whether you have an account with us.  We may also supplement the information we collect from you with information received from third parties. 

Cookies can either be “session Cookies” or “persistent Cookies”.  Session Cookies are temporary Cookies that are stored on your device while you are visiting or using our Site, whereas “persistent Cookies” are stored on your device for a period of time after you leave our Site. The length of time a persistent Cookie stays on your device varies from Cookie to Cookie. We use persistent Cookies to store your preferences so that they are available for the next visit, and to keep a more accurate account of how often you visit our Site, how often you return, how your use of the Site may vary over time. We also use persistent Cookies to measure the effectiveness of advertising efforts. Through these Cookies, we may collect information about your online activity after you leave our Site. Your browser may offer you a “Do Not Track” or “DNT” option, which allows you to signal to operators of websites, and web applications, and services that you do not wish such operators to track certain of your online activities over time and across different websites. Because we collect browsing and persistent identifier data, the Site does not support Do Not Track requests at this time, which means that we may collect information about your online activity both while you are using the Site and after you leave our properties.  

Some Cookies are placed by a third party on your device and may provide information to us and third parties about your browsing habits (such as your visits to our Site, the pages you have visited and the links and advertisements you have clicked).  These Cookies can be used to determine whether certain third party services are being used, to identify your interests, to retarget advertisements to you and to serve advertisements to you that we or others believe are relevant to you. We do not control third party Cookies.  

We use the following types of Cookies: 

      1. Essential Cookies. Essential Cookies are required for providing you with features or services that you have requested. Disabling these Cookies may make certain features and services unavailable.
      2. Functional Cookies. Functional Cookies are used to record your choices and settings regarding our Site, maintain your preferences over time and recognize you when you return to our Site. These Cookies help us to personalize our content for you, greet you by name, and remember your preferences (for example, your choice of language or region).
      3. Performance/Analytical Cookies. Performance/Analytical Cookies allow us to understand how visitors use our Site such as by collecting information about the number of visitors to the Site, what pages visitors view on our Site and how long visitors are viewing pages on the Site. Performance/Analytical Cookies also help us measure the performance of our advertising campaigns in order to help us improve our campaigns and the Site’s content for those who engage with our advertising. For example, Google, Inc. (“Google”) uses cookies in connection with its Google Analytics services. Google’s ability to use and share information collected by Google Analytics about your visits to the Site is subject to the Google Analytics Terms of Use and the Google Privacy Policy. You have the option to opt out of Google’s use of cookies by visiting the Google advertising opt-out page at www.google.com/privacy_ads.html or the Google Analytics Opt-out Browser Add-on at https://tools.google.com/dlpage/gaoptout/.
      4. Retargeting/Advertising Cookies. Retargeting/Advertising Cookies collect data about your online activity and identify your interests so that we can provide advertising that we believe is relevant to you. For more information about this, please see the section below titled “Additional information about Interest-Based Advertisements.”

You can decide whether or not to accept Cookies. One way you can do this is through your internet browser’s settings. Most browsers have an option for turning off the Cookie feature, which will prevent your browser from accepting new Cookies, as well as (depending on the sophistication of your browser software) allow you to decide on acceptance of each new Cookie in a variety of ways. You can also delete all Cookies that are already on your computer. If you do this, however, you may have to manually adjust some preferences every time you visit a site and some functionalities may not work. 

To explore what Cookie setting are available to you, look in the “preferences” or “options” section of your browser’s menu.  To find out more information about Cookies, including information about how to manage and delete Cookies, please visit https://ico.org.uk/for-the-public/online/cookies/ or http://www.allaboutcookies.org/.

Additional Information about Interest-Based Advertisements: 

      1. We may serve advertisements, and also allow third party ad networks, including third party ad servers, ad agencies, ad technology vendors and research firms, to serve advertisements through the Site. These advertisements may be targeted to users who fit certain general profile categories or display certain preferences or behaviors (“Interest-Based Ads”).   Information for Internet-Based Ads (including Personal Data) may be provided to us by you, or derived from the usage patterns of particular users on the Site and/or services of Third Parties. Such information may be gathered through tracking users’ activities across time and unaffiliated properties. To accomplish this, we or our service providers may deliver Cookies, including a file (known as a “web beacon”) from an ad network to you through the Site. Web beacons allow ad networks to provide anonymized, aggregated auditing, research and reporting for us and for advertisers. Web beacons also enable ad networks to serve targeted advertisements to you when you visit other websites. Web beacons allow ad networks to view, edit or set their own Cookies on your browser, just as if you had requested a web page from their site.
      2. We comply with the Digital Advertising Alliance (“DAA”) Self-Regulatory Principles for Online Behavioral Advertising.  Through the DAA and Network Advertising Initiative (“NAI”), several media and marketing associations have developed an industry self-regulatory program to give consumers a better understanding of and greater control over ads that are customized based on their online behavior across different websites. To make choices about Interest-Based Ads from participating third parties, including to opt out of receiving behaviorally targeted advertisements from participating organizations, please visit the DAA’s or NAI’s consumer opt out pages, which are located at http://www.networkadvertising.org/choices/ or www.aboutads.info/choices. Users in the European Union should visit the European Interactive Digital Advertising Alliance’s user information website http://www.youronlinechoices.eu/

What if I live in the European Union? 

If you are a resident of the European Union (“EU”), United Kingdom, Lichtenstein, Norway, or Iceland, you may have additional rights under the EU General Data Protection Regulation (the “GDPR”) with respect to your Personal Data, as outlined below.  

For this section, we use the terms “Personal Data” and “processing” as they are defined in the GDPR, but “Personal Data” generally means information that can be used to individually identify a person, and “processing” generally covers actions that can be performed in connection with data such as collection, use, storage and disclosure.  Ascend will be the controller of your Personal Data processed in connection with the Site.

If there are any conflicts between this this section and any other provision of this Privacy Policy, the policy or portion that is more protective of Personal Data shall control to the extent of such conflict.  If you have any questions about this section or whether any of the following applies to you, please contact us at legal@ascend.io. Note that we may also process Personal Data of our customers’ end users or employees in connection with our provision of services to customers, in which case we are the processor of Personal Data. If we are the processor of your Personal Data (i.e., not the controller), please contact the controller party in the first instance to address your rights with respect to such data.

What Rights Do You Have Regarding Your Personal Data?

You have certain rights with respect to your Personal Data, including those set forth below.  For more information about these rights, or to submit a request, please email legal@ascend.io. Please note that in some circumstances, we may not be able to fully comply with your request, such as if it is frivolous or extremely impractical, if it jeopardizes the rights of others, or if it is not required by law, but in those circumstances, we will still respond to notify you of such a decision.  In some cases, we may also need to you to provide us with additional information, which may include Personal Data, if necessary to verify your identity and the nature of your request.  

  • Access:  You can request more information about the Personal Data we hold about you and request a copy of such Personal Data. 
  • Rectification: If you believe that any Personal Data we are holding about you is incorrect or incomplete, you can request that we correct or supplement such data. 
  • Erasure: You can request that we erase some or all of your Personal Data from our systems.  
  • Withdrawal of Consent: If we are processing your Personal Data based on your consent (as indicated at the time of collection of such data), you have the right to withdraw your consent at any time. Please note, however, that if you exercise this right, you may have to then provide express consent on a case-by-case basis for the use or disclosure of certain of your Personal Data, if such use or disclosure is necessary to enable you to utilize some or all of our Site. 
  • Portability:  You can ask for a copy of your Personal Data in a machine-readable format.  You can also request that we transmit the data to another controller where technically feasible. 
  • Objection: You can contact us to let us know that you object to the further use or disclosure of your Personal Data for certain purposes, such as for direct marketing purposes. 
  • Restriction of Processing:  You can ask us to restrict further processing of your Personal Data.
  • Right to File Complaint:  You have the right to lodge a complaint about Ascend’s practices with respect to your Personal Data with the supervisory authority of your country or EU Member State.  A list of Supervisory Authorities is available here: https://edpb.europa.eu/about-edpb/board/members_en.

Transfers of Personal Data

The Site is hosted and operated in the United States (“U.S.”) through Ascend and its service providers, and if you do not reside in the U.S., laws in the U.S. may differ from the laws where you reside. By using the Site, you acknowledge that any Personal Data about you, regardless of whether provided by you or obtained from a third party, is being provided to Ascend in the U.S. and will be hosted on U.S. servers, and you authorize Ascend to transfer, store and process your information to and in the U.S., and possibly other countries.  You hereby consent to the transfer of your data to the U.S. pursuant to: (i) a data processing agreement incorporating standard data protection clauses promulgated by the European Commission, a copy of which can be obtained at https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32010D0087, (ii) binding corporate rules for data protection that align with the GDPR’s requirements, or (iii) adherence to an industry- or technology-specific approved code of conduct blessed by the European Commission. 

What if I have questions about this policy?

If you have any questions or concerns regarding our privacy policies, please send us a detailed message to legal@ascend.io and we will try to resolve your concerns.