Website Privacy Policy

Euno

Last Revised: August 2024

Delphi.io Inc., together with its subsidiaries ("Delphi," "Company," "we," "our" or "us") respects the privacy of the visitors and/or users of its Site ("User(s)" or "you") and is committed to protect the personal information that its Users share with it.

This privacy policy (the "Site Privacy Policy") is intended to describe our practices regarding the information we may collect from you when you use and access our Site(s) located at https://euno.ai/, or https://docs.euno.ai and any of their respective subdomains (the "Site(s)").

Capitalized terms which are not defined herein, shall have the meaning ascribed to them in our Site Terms and Conditions available at https://euno.ai/terms-and-conditions (the "Site Terms and Conditions"), which this Site Privacy Policy is incorporated thereto by reference.

If you are a resident of California, please see our California Privacy Rights Notice in section 17 below for information about California Privacy Rights, and other required disclosures.

1. Scope and Applicability

This Site Privacy Policy applies only to your use of the Site. This Site Privacy Policy does not apply to any use of the Company's Solution (as such term is defined in the Site Terms and Conditions) and other related services, which are governed solely by Company's Terms and Conditions (available at https://23583045.fs1.hubspotusercontent-na1.net/hubfs/23583045/Terms_and_Conditions_Delphi_v04062023.pdf).

BY ENTERING, CONNECTING TO, ACCESSING OR USING THE SITE, YOU AGREE TO THE TERMS AND CONDITIONS SET FORTH IN THIS SITE PRIVACY POLICY, INCLUDING THE COLLECTION AND PROCESSING OF YOUR PERSONAL INFORMATION (AS DEFINED BELOW). IF YOU DISAGREE TO ANYTHING STATED IN THIS SITE PRIVACY POLICY, YOU MAY NOT AND SHOULD NOT ACCESS AND/OR USE THE SITE IN ANY MANNER WHATSOEVER.

To the extent that your use or access to the Site are on behalf of another person, such access and use must be conducted in strict compliance with the Site Terms and Conditions and at your sole responsibility, and you hereby represent that you received the required consent, authority, permission and approval of such person to provide Personal Information and to allow Company to collect, store, and use such Personal Information in accordance with this Site Privacy Policy.

PLEASE NOTE: YOU ARE NOT OBLIGATED TO PROVIDE US WITH ANY PERSONAL INFORMATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE PROVIDING US WITH SUCH PERSONAL INFORMATION VOLUNTARILY, FOR THE PURPOSES DESCRIBED IN THIS SITE PRIVACY POLICY, AND THAT WE MAY USE, PROCESS AND RETAIN SUCH PERSONAL INFORMATION IN ACCORDANCE WITH THIS SITE PRIVACY POLICY AND SUBJECT TO ANY APPLICABLE LAWS AND REGULATIONS.

3. Which Information We May Collect on our Users?

We may collect two types of data and information from our Site Users:

  • Non-Personal Information: any information that is non-identifiable and anonymous information that may include technical, behavioral and aggregated information, and, amongst other, the activity of the User on our Site, type of User's operating system, User's 'click-stream' on the Site, type of browser and keyboards features, User demographics, traffic patterns, etc. (collectively "Non-personal Information"). Non-Personal Information is collected and available to us while a User is entering and/or using the Site(s).
  • Personal Information: any information that identifies an individual, or may with reasonable effort, identify an individual, either alone or in combination with other information ("Personal Information"). Personal Information may be of private or sensitive nature of a User or identify an individual. To the extent that you provide us information when contacting us we may also receive any types of information provided under such communication you provide to us in your own volition.

4. How do We Collect Information from Our Users?

  • Non-Personal Information is collected through your use of the Site. We may be aware of your use and/or access of the Site, and may gather, collect and record the information relating to such usage, either independently or through third-party services as detailed below. We may also collect Non-personal Information through the analysis aggregation and anonymization of Personal Information provided by you.
  • Personal Information you provide us voluntarily. Users may be asked or otherwise chose to provide certain Personal Information when contacting us including, without limitation, first and last name, date of birth, phone number, country of residence, email address, Candidate Information (as defined below) or other contact information, and information concerning residency.
  • Personal Information which is being collected by us automatically when you use or access the Site. Upon you access or interact with our Site(s) we may receive your certain Personal Information which may include: name, email address, company information including company name, address, or phone number, statistical information including company annual revenues, and their data stack, IP address, geolocation, advertising ID, device type, operating system, browser type and version, screen resolution, browser and keyboard language, the User's 'click-stream' and activities on the Site, the period of time the User visited the Site and related time stamps.

We will not collect any Personal Information from you or related to you without your approval, which is obtained, through your acceptance of the Site Terms and Conditions and/or filling out a form on our Site.

Legal Basis for Use

We collect, process, and use your Personal Information for the purposes described in this Site Privacy Policy, based at least on one of the following legal grounds:

  • In Performing an agreement with you: We collect and process your Personal Information in order to provide you with access to and enable your use of the Site, upon your acceptance of this Site Privacy Policy and according to the Site Terms and Conditions.
  • With your consent: We ask for your agreement to collect and process your Personal Information for specific purposes and you have the right to withdraw your consent at any time.
  • Legitimate interest: We process your information for our legitimate interests while applying appropriate safeguards that protect your privacy. This means that we process your Personal Information for things like detecting, preventing, or otherwise addressing fraud, abuse, security, usability, functionality or technical issues with our Site(s) and services, protecting against harm to the rights, property or safety of our properties, or our users, or the public as required or permitted by law; Enforcing legal claims, investigation of potential violations of this Site Privacy Policy; in order to comply and/or fulfil our obligation under applicable laws, regulation, guidelines, industry standards and contractual requirements, legal process, subpoena or governmental request, as well as our Site Terms and Conditions.

Purpose of Use

We may use the Personal Information that we collect about you for the following purposes:

  • To provide, maintain, operate and improve the Site and our services.
  • To send you updates, notices, notifications, and announcements related to the Site as well as newsletters, coupons, commercial offers and additional communications regarding our services.
  • To enable us to customize our User's experience using the Site.
  • To create cumulative statistical data and other cumulative information and/or other conclusive information that is non-personal, to enable us to conduct research and analysis concerning the use of the Site and our services.
  • To prevent, detect, mitigate, and investigate fraud, security breaches or other potentially prohibited or illegal activities and ensure the security and integrity of our Site and services.
  • To communicate with you, including regarding a possible demonstration or subscription to our Solution and/or services.
  • To comply with any applicable rule or regulation, to protect our legal interests and/or respond to or defend against (actual or potential) legal proceedings against us or our affiliates.

6. Sharing Information with Third Parties

Company will not share or otherwise allow access to any Personal Information it collects, or that you provide through the Site to any third party, except in the following cases:

  • Law enforcement, legal proceedings, and as authorized by law: We may disclose your Personal Information to satisfy applicable law, regulation, legal process, subpoena or governmental request.
  • Protecting Rights and Safety: We may share your Personal Information to: (i) enforce this Site Privacy Policy and/or the Site Terms and Conditions, including investigation of potential violations thereof; (ii) to detect, prevent, or otherwise address fraud, security or technical issues; (iii) to respond to claims related to the content available on the Site and/or provided contact information and to (iv) protect the rights, property, or personal safety of the Company, any of its Users, or the general public.
  • Our Affiliated Companies: We may share you Personal Information internally with our family of companies for the purposes described in this Site Privacy Policy. In addition, in case the Company or any of our affiliated companies is undergoing any change in control event, we may share your Personal Information with the parties involved in such event.
  • Third Party Services: We partner with certain third parties to provide selected services that are used to facilitate and enhance the Site and your use thereof ("Service Providers"). Such third party Service Providers may have access to, or process on our behalf your Personal Information collected by or provided to us. These Service Providers include hosting, database and server co-location services, data analytics services (e.g. Google Analytics), remote access services, data and cyber security services, fraud detection and prevention services (e.g. Amazon Web Services), e-mail and text message distribution and monitoring services, customer relationship management (Hubspot) payment processors, customer support, and our business, legal and financial advisors (collectively, "Third Party Service Providers"). We remain responsible for any Personal Information processing done by Third Party Service Provider on our behalf, except for events outside of our and/or their reasonable control, and except with respect to Third Party Service Providers with which you are contractually engaged, either through a prior separate contractual engagement and/or through acceptance of their privacy policy and terms of use if such are referenced herein.

For avoidance of doubt, Company may transfer and disclose to third parties or otherwise use Non-Personal Information (which includes anonymized) at its own discretion.

7. Storage, Transfer and Retention of Your Information

Your Information will be maintained, processed and stored by us and our authorized affiliates and service providers in the United States.

Each of our Third Party Service Providers which store or process your Personal Information either: (i) assured us that they provide adequate safeguards to protect your rights to privacy; (ii) where applicable, hold and process such information on our behalf in a jurisdiction which has either been determined to ensure an adequate level protection by the EU Commission or otherwise in accordance with the applicable legislation; (iii) perform such processing pursuant to your consent provided hereunder.

By providing your information, you expressly consent to the place of storage and transfer, including transfers outside of the jurisdiction in which the information was provided.

We retain the Personal Information we collect only until you ask us to delete it or for as long as needed in order to provide you with the ability to use our Site and to comply with applicable laws and regulations or otherwise as required for us to protect against claims by Users for the relevant statutory of limitations period. We then either delete your Personal Information from our systems or anonymize it without further notice to you.

8. Candidates

We welcome qualified candidates ("Candidate(s)") to apply to any of the open positions posted on our properties by sending us your contact details and CV or resume ("Candidate Information"). Since privacy and discreteness are very important to our Candidates, we are committed to keep Candidate Information private and will use it solely for our internal recruitment purposes.

Please note that we may retain Candidate Information submitted to us even after the applied position has been filled or closed. This is done so we could re-consider Candidates for other suitable positions and opportunities at the Company; so we can use the Candidate Information as a reference for future applications; and in case the Candidate is hired, for additional employment and business purposes related to their employment with us.

If you previously submitted your Candidate Information to us, and now wish to access it, update it or have it deleted from our systems, please contact us at info@euno.ai.

9. Updating, Obtaining a Copy of, or Deleting of Personal Information

Under the law applicable to you, you may be entitled to certain rights, such as correction, deletion, access to and notification in respect of your Personal Information processed by us or on our behalf. If you wish to exercise any such rights available to you, you may contact the Company's support team at info@euno.ai. When handling these requests, we may ask for additional information to confirm your identity and your request.

Subject to limitations pursuant to applicable law and if entitled to the same thereunder, if you wish to exercise your right to access your Personal Information, you may be able to obtain your Personal Information you directly provided us (excluding data we obtained from other sources) in a structured, commonly used, and machine-readable format and may have the right to transmit such data to another party. We may provide such access through the Site or otherwise.

To find out whether these rights apply to you and on any other privacy related matter, you can contact your local data protection authority if you have concerns regarding your rights under local law.

10. Minors

To accept the terms of this Site Privacy Policy, you must be over the age of eighteen (18). If you are under 18 years of age, then you must review this Site Privacy Policy with your parent or guardian before visiting or using our Site, to make sure that you and your parent or guardian understand these terms and agree to them. Without relieving you of your responsibility to comply with the Site Terms and Conditions and the terms hereof we reserve the right (without obligation) to request proof of age at any stage so that we can verify that minors under the age of eighteen (18) are not using our Site.

In the event that it comes to our knowledge that a person under the age of eighteen (18) is using our Site, not in accordance with the above-mentioned terms, we will use our best efforts to prohibit and block such User from accessing our Site and will use our best efforts to promptly delete any Personal Information.

11. Local Storage and Third Party Software/Service, Cookies and other Tracking Technology

Local Storage

When you access or use the Site, we may use industry-wide technologies which temporarily store certain information on your end device (such as your smartphone, your computer or other browsing device) ("Local Storage"), and which will allow us to enable proper use of the Site, automatic activation of certain features, make your browsing experience much more convenient and effortless and to provide our customers and potential customers with more relevant advertisements of our Solution and our related services. The Local Storage is created per session and may be deleted by you or otherwise configured by you to not accept any such local storage.

We also use certain monitoring and tracking technologies, including ones offered by Third Party Service Providers in order to collect and process Personal Information we specified above. For example, these technologies enable us to: (i) keep track of and apply our customer's and potential customers' Site preferences and authenticated sessions; (ii) better secure our Site by detecting abnormal behaviors; (iii) identify technical issues and improve the overall performance of our Site; and (iv) create and monitor analytics relating to use of our Site.

Cookies and Other Tracking Technologies

A cookie is a small file containing a string of characters that is sent to your computer when you visit a website. When you visit the website again, the cookie allows that site to recognize your browser. A pixel tag (also known as a web beacon) is a piece of code embedded on the site that collects information about users' engagement on that web page. Cookies and similar tracking technologies may store unique identifiers, user preferences and other information. You can set your browser to refuse all cookies or to indicate when a cookie is being sent, however, some Site features or services may not function properly without cookies. To learn more about tracking technologies please refer to www.allaboutcookies.org. Cookies can be session-based (deleted when you close your browser) or persistent (stored until you or your browser delete them) and they help websites remember the information about your previous visit(s).

We use the tracking technologies on our Site(s) or our advertisements and emails, to understand how you interact with the Site(s), such advertisements and emails. Some of these tracking technologies are provided to us by our Third-Party Services Providers who collect and process Personal Information on our behalf.

Additionally, sometimes these Third Party Services Providers have access to more of your Personal Information than we do. To the extent you have a direct contractual relationship with any of our Third Party Services Providers, as detailed above, any rights you may have with respect to your information, collected by such Third Party Services Providers, shall be governed by such direct contractual relationship. Otherwise, the terms of this Site Privacy Policy shall fully apply.

The cookies we use can be classified in one of the following categories:

  • Strictly Necessary cookies: We use these cookies to enable you to use our Site's features.
  • Security cookies: We use these cookies to help identify and prevent security risks.
  • Performance and Analytics cookies: We use these cookies to collect information to help improve the Sites.
  • Functionality and Preference cookies: We use these cookies to remember your preferences and to provide you with personalized features.

What Cookies Do We Use

We use the following marketing, performance, and functionality cookies:

Your Choices

You can modify your cookie settings through your browser. You can follow the instructions provided by your web browser or mobile browser (usually located within the "Help," "Tools" or "Edit" facility) to modify your cookie and Ad ID settings. You can opt-out of third-party tracking technologies by following the instructions provided by each third-party service provider in its privacy policy.

Deletion of Cookie History

If you wish us to delete your cookie history please Email us at info@euno.ai. Your request to delete your cookies shall take effect within a reasonable timeframe from our receipt of your request.

Please note however that deleting any of our tracking technologies or disabling future tracking technologies may prevent you from accessing certain areas or features of our Site or may otherwise adversely affect your user experience.

Please also note that we may not respond to the 'Do Not Track' setting on your browser as the protocol and form for such setting has not yet been generally accepted and standardized by the industry. We monitor developments in this field.

12. Direct Marketing

If you provide us with your contact details through the Site or for the purpose of receiving from Company's different offers with respect to the our services, you hereby agree that we may use such contact details, in order to contact you, inform you regarding our products and services which may interest you, and send you other marketing material, including news and updates by transmission to the e-mail address or phone number you have provided.

You may withdraw your consent by sending us a written notice via email to the following address: info@euno.ai.

13. Security

We have implemented appropriate technical, organizational and security measures, designed to reduce the risk of accidental destruction or loss, or unauthorized disclosure or access to the Site. Company, however, do not and cannot guarantee that unauthorized access will never occur. We urge you to make sure to take appropriate measures to protect your browsing device and employ reasonable physical security means to protect unauthorized access.

Our Users Personal Information, or parts thereof, are hosted on AWS which provides advanced security features. However, please note that we cannot guarantee that the Personal Information you provide to us when accessing and/or using the Site, will not be exposed as a result of unauthorized penetration to the servers. Nevertheless, we employ industry standard procedures and policies to ensure the safety of its Users' Personal Information and prevent unauthorized use of any such information.

14. Third Party Websites

While using the Site you may encounter links to third party websites and/or services. Please be advised that such third party websites and/or services are independent from the Company, and may use cookies and other web-tracking technologies, not specified or otherwise handled in our Cookie Policy, to collect Non-Personal and/or Personal Information about you. We assume no responsibility or liability whatsoever with regard to privacy matters or any other legal matter with respect to such third party websites and/or services. We encourage you to carefully read the privacy policies and the terms of use of such third party websites and/or services, as their terms, not ours, will apply to any of your interactions with such third parties. Company has no control over the use of any information you provide to these third party services.

15. Changes to the Site Privacy Policy

Company reserves the right to change this Site Privacy Policy at any time, so please re-visit this page frequently. We will provide notice of substantial changes of this Site Privacy Policy on the Site and/or if provided by you, we may choose to send you an e-mail regarding such substantial changes. Such substantial changes will take effect seven (7) days after such notice was provided on any of the above-mentioned methods. Otherwise, all other changes to this Site Privacy Policy are effective as of the stated "Last Revised" date, and your continued use of the Site after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes.

16. General Information

This Site Privacy Policy and the relationship between you and Company shall be governed by and construed as follows: (i) if you are located in the US and/or Canada, in accordance with the laws of the State of California, without regard to its principles of conflict of laws, and the courts located in San Jose, Santa Clara District, California shall have exclusive jurisdiction to settle any dispute arising out of or in connection with this Site Privacy Policy and the relationship between you and the Company; (ii) if you are located in any territory outside the US and/or Canada, in accordance with the laws of the State of Israel, without regard to its principles of conflict of laws, and the courts located in Tel-Aviv, Israel shall have exclusive jurisdiction to settle any dispute arising out of or in connection with this Site Privacy Policy and the relationship between you and the Company, provided that Company may seek injunctive relief in any court of competent jurisdiction.

17. California Privacy Rights Notice

Pursuant to the California Consumer Privacy Act of 2018 as amended ("CCPA"), this section 17 serves as a Privacy Notice (hereinafter the "California Privacy Notice" or "Notice") applies solely to Users residing in the State of California ("California Consumers") and addresses the rights that such California customers have in information "sold" or "shared" by Us, as defined in the CCPA, in the last 12 months.

For the purposes of this section 17, the terms "Personal Information," "Business Purpose," "Commercial Purpose," "Sale," "Share" and "Service Provider" as used in this Notice have the meanings ascribed to them in the CCPA.

Categories of Personal Information We Collect From California Consumers

In the preceding 12 months, we have collected the following categories and types of Personal Information from California consumers, and intend to continue doing so subject to the requirements under the CCPA:

  • A. Identifiers (Collected: Yes): Identifiers such as a first and last name, postal address, Internet Protocol address, email address, account name, phone number or other similar identifiers.
  • B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)) (Collected: Yes): A name, address, telephone number. Some personal information included in this category may overlap with other categories.
  • C. Protected classification characteristics under California or federal law (Collected: No): Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex, sexual orientation, veteran or military status, genetic information.
  • D. Commercial information (Collected: Yes): Records and history of products or services purchased or considered.
  • E. Biometric information (Collected: No): Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information.
  • F. Internet or other similar network activity (Collected: Yes): Interaction with our Solution or advertisement, as well as such browsing history and cookie history.
  • G. Geolocation data (Collected: Yes): Approximate physical location.
  • H. Sensory data (Collected: No): Audio, electronic, visual, thermal, olfactory, or similar information.
  • I. Professional or employment-related information (Collected: No): Current or past job history or performance evaluations.
  • J. Non-public education information (Collected: No): Education records directly related to a student maintained by an educational institution or party acting on its behalf.
  • K. Inferences drawn from other personal information (Collected: No): Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

Under this section 17, the term Personal Information does not include publicly available information or lawfully obtained, truthful information that is a matter of public concern, information that is de-identified or aggregated with other consumer information, or information that falls outside the scope of the CCPA.

How we collect your information

We collect most information directly or indirectly from you through your use of the Site(s), your voluntary provision of information to us, and via third party sources that have obtained your consent to provide such information.

Business or commercial purpose for collecting, sharing, and selling information

When you access or use our Site we collect and share your personal information for the Business Purposes and Commercial purposes detailed in section 5 above.

We do not make your data publicly available, we do not act as data brokers and we do not trade in your data. However, certain standard generally accepted business practices may be deemed a "Sale" or "Sharing" of data under the CCPA, such as when we utilize third party Service Providers that provide us with services, while they retain certain rights to use your data for their own business needs (e.g. Google Analytics, Facebook, fraud detection services, our online marketing Service Providers, etc.).

If you are a California customer and wish to request to opt-out of certain disclosures or transfers in which we participate that constitute either a "Sale" or "Sharing" of your personal information, please refer to the sub-section 'Your California Consumer Rights' below, for information on how you can exercise your rights.

Disclosure of Personal Information

We may share your Personal Information with our Service Providers as set forth in section 6 above. In addition, we may share personal information with our affiliates and subsidiaries, vendors working on our behalf, or when required by law or in relation to legal process.

Your California Consumer Rights

California consumers may make a rights request by submitting a respective request to info@euno.ai. Your request must include sufficient information that allows us to reasonably verify that you are the person about whom we collected personal information, which may include your email address and name, as well as a description of your request with enough detail for us to properly verify your identity, and understand, evaluate, and respond to your request.

If you would like, you can permit someone to submit a request on your behalf (an "Authorized Agent"). If an Authorized Agent sends a request on your behalf, we will ask that person to give us proof that you have provided them with written permission to make a request on your behalf. If that person does not provide such written proof, we will deny your request in an effort to protect your Personal Information.

Right to Access

California consumers have the right to request access to the specific pieces of Personal Information we have collected about them in the last 12 months. You may make this request up to two times in a 12-month period. You may also request additional details about our information practices, including the categories of Personal Information we have collected about you, the categories of sources of such collection, the Business Purpose or Commercial Purpose for Selling, Sharing, or otherwise disclosing your Personal Information, as well as the categories of third parties with whom we Share, Sell or otherwise disclose your personal information in the preceding 12 months.

Right to Correct

If you are a California consumer, you also have the right to request the correction of inaccurate Personal Information.

Right to Delete or Limit

You have the right to request that we delete any of your Personal Information that we have collected from you and retained, subject to certain exceptions. Once we receive and confirm a consumer request, we will delete (and direct our Service Providers to delete) your Personal Information from our records, unless an exception applies. To delete your information, please contact us at info@euno.ai.

Right to Non-Discrimination

We will not discriminate against you for enforcing your CCPA rights. Unless otherwise permitted under the CCPA, we will not:

  • Deny you goods or services;
  • Charge different prices or rates for goods or services, including through the use of discounts or other benefits, or imposition of penalties;
  • Provide a different level or quality of goods or service; or
  • Suggest that you will receive a different price or rate for goods or services, or a different level or quality of goods or services.

Right to Limit or Opt-Out of the Sale or Sharing of Your Information

We don't provide your name, phone number, address, email address or other personally identifiable information to third parties in exchange for money. However, under California law, sharing information for instance for advertising purposes may be considered a Sale of Personal Information. If you've visited our digital properties within the past 12 months, Personal Information about you may have been Sold or Shared with our advertising or other partners for their own use.

You have the right to limit the use and disclosure of your personal information to whatever use is necessary for us to make the Site available to you. In addition, California consumers have the right to completely opt out of the Sale or Sharing of Personal Information. We've made it easy for anyone to stop the information transfers that might be considered a Sale or Sharing under the CCPA from our Site by contacting us at info@euno.ai.

Please note that by opting out of the Sale or Sharing of your Personal Information:

  • You may still see some tailored advertising that third parties may have previously collected unless you opt out of all interest based advertising (see section 11 above).
  • We will still share your personal information with our Service Providers to provide the Services on our Site(s).
  • These settings may not persist if you clear your cookies, switch devices, or switch browsers. If you access our websites from other browsers or devices, you will also need to make this selection on each browser and device. If you delete or clear cookies, you'll need to click the button again the next time you visit. If you delete or clear your cookies, that will delete our opt-out cookie and you will need to opt out again. If you have previously requested that we do not sell your personal information, your request remains in effect until you tell us otherwise.

18. Have any Questions or Complaints?

If you have any questions or comments concerning this Site Privacy Policy, you are welcome to send us an email at info@euno.ai and we will make an effort to reply within a reasonable time frame.

By contacting us, you represent that you are free to do so and that you will not knowingly provide the Company with information that infringes upon third parties' rights, including any privacy right. You further acknowledge that notwithstanding anything herein to the contrary, the Company may use or refrain from using any such information at its sole discretion.

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