Privacy Policy

Last Updated: May 21, 2024

WE WILL POST ANY CHANGES TO THIS PRIVACY POLICY IN A NOTICE OF THE CHANGE AT THE BOTTOM OF OUR WEB PAGE WITH A HYPERLINK THERETO. WE WILL ALSO SEND YOU AN EMAIL DESCRIBING SUCH CHANGES. PLEASE REGULARLY REVIEW THIS PRIVACY POLICY. NOTWITHSTANDING IF YOU CONTINUE TO USE OUR SERVICES, YOU ARE BOUND BY ANY CHANGES THAT WE MAKE TO THIS PRIVACY POLICY.

1. INTRODUCTION

xAQUA, Inc. (“xAQUA,” “we,” “us,” or “our”) respects the privacy of its Users (“User,” “your,” or “you”). This Privacy Policy (the “Privacy Policy”) explains how we collect, use, disclose, and safeguard your information when you use xAQUA Platform (the “Platform”) through xAQUA’s https://www.xaqua.io/ (the “Website”) and xAQUA’s Cloud based Software as a Service (SaaS) platform, xAQUA Unified Data Platform (UDP). xAQUA Unified Data Platform (UDP) delivers is a self-service no-code/low-code solution for data management, analytics, machine learning, and AI capabilities under one unified platform with augmented intelligence powered by Generative AI at the core of the platform.

xAQUA is committed to protecting the privacy of its Users whose information is collected and stored while using xAQUA’s Platform through our Website or App. This Privacy Policy is applicable to our Website, Platform and all applications offered for sale to the public.

The capitalized terms have the same meaning as ascribed in our Terms of Use or Terms of Service as applicable, unless otherwise noted here.

PLEASE READ THIS PRIVACY POLICY CAREFULLY TO UNDERSTAND OUR POLICIES AND PRACTICES REGARDING YOUR INFORMATION AND HOW WE WILL TREAT IT. BY ACCESSING OR USING OUR WEBSITE AND PLATFORM, YOU AGREE TO ACCEPT ALL THE TERMS CONTAINED IN THIS PRIVACY POLICY AND ACKNOWLEDGE AND AGREE WITH THE PRACTICES DESCRIBED HEREIN. IF YOU DO NOT AGREE WITH THE TERMS OF THIS PRIVACY POLICY, PLEASE DO NOT ACCESS AND USE OUR WEBSITE AND PLATFORM.

IF YOU HAVE ANY QUESTIONS REGARDING THIS PRIVACY POLICY, PLEASE SEND US AN EMAIL AT info@xaqua.io.

WE DO NOT SELL YOUR PERSONAL INFORMATION, NOR DO WE INTEND TO DO SO. WE DO NOT GIVE ACCESS TO YOUR PERSONAL INFORMATION TO THIRD PARTIES EXCEPT TO SUBPROCESSORS TO ASSIST US IN THE PROVISION OF OUR SERVICES TO YOU.

2. WHAT INFORMATION DO WE COLLECT?

When you register to use our Website or Platform, we collect personal information (also referred to as personally identifiable information or “PII”) which may include your name, online contact information such as your email address or username, phone number, and other personal information. The information so collected will be stored on our servers. You are able to change your personal information via email by contacting us at info@xaqua.io.

Geolocation and Equipment Information. We may collect information that does not personally identify you such as (i) your geolocation, and (ii) information about your internet connection, the equipment you use to access our Website or Platform, and usage details.
Financial Information. We currently do not collect or store any credit cards or bank information, as we are using a third-party payment processor. However, we will update this Privacy Policy when we start using and storing such information. We will also inform you via reasonable means if we start collecting such information from you.

3. HOW DO WE COLLECT INFORMATION?

We collect personal information from you in the following ways:

At registration on our Website or Platform;
Through mobile and desktop applications your downloads from our Website or Platform, which provides dedicated non-browser based interaction between you and our Website or Platform; and
When you subscribe to a newsletter.

We collect information from you automatically when you navigate through our Website or Platform in the following ways:

Usage details.

4. HOW DO WE USE YOUR INFORMATION?

We use the information that you provide to:

Provide you with information, products, or services requested from us;
Present our Website and Platform and their contents to you; and
Provide you with notices about account and/or subscription, including expiration and renewal notices.

5. OUR COOKIE POLICY

Cookies are small pieces of text used to store information on web browsers. Cookies are used to store and receive identifiers and other information on computers, phones, and other devices. Other technologies, including data we store on your web browser or device, identifiers associated with your device, and other software, are used for similar purposes. In this Privacy Policy, we refer to all of these technologies as “Cookies.” We currently do not use Cookies on our Website or Platform.

We do not include or offer third-party products or services on our Website.

6. HOW DO WE PROTECT INFORMATION WE COLLECT?

Our Website and App are reasonably scanned to meet or exceed Standard Compliance. Our Website receives regular security scans and penetration tests. Our Website also receives regular malware scans. In addition, our Website and App use an SSL certificate as an added security measure. We require username and passwords for our employees who can access your personal information that we store and/or process on our Platform and servers. In addition, we actively prevent third parties from getting access to your personal information that we store and/or process on our Platform and servers. We accept payment by credit card through a third party credit card processor on our behalf. We will implement reasonable security measures every time you (a) place an order, or (b) enter, submit, or access your information, (c) register, or (d) access our Platform, on our Website.

7. DATA SECURITY MEASURES

Security Measures. We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website or Platform, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website or Platform. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on our Website or Platform.
Fair Information Practice Principles. In the event of a personal data breach, we will notify you within seventy-two (72) hours via (i) email. We agree to the individual redress principle, which requires that individuals have a right to pursue legally enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or a government agency to investigate and/or prosecute non-compliance by data processors.
Open-Source Software: We use the following open-source software in the provision of our Services, which can be found here.

8. DISCLOSURE OF PERSONAL INFORMATION

There are times when we may share Personal Information that you have shared with us may be shared by xAQUA with others to enable us to provide you over Services, including contractors, service providers, and third parties (“Partners”). This section discusses only how xAQUA may share such information with Partners. We will ensure that our Partners protect your Personal Information. The following describe how and with whom we may share your Personal Information:

Third Party Disclosure.

We do not sell, trade, rent, or otherwise transfer personal information to others, unless we provide you with advance notice. This does not include our hosting partners and other parties who assist us in operating our Website or Platform, conducting our business, or servicing you, so long as those parties agree to keep this information confidential.
We do not provide non-personally identifiable visitor information for marketing purposes.

Choices Users Have About How xAQUA Uses and Discloses Information.

Tracking Technologies and Advertising. You can set their browser to refuse some or all the browser cookies, but if you disable or refuse cookies, some parts of our Website may not be accessible or function properly.
Disclosure of Users’ Information for Third-Party Advertising. Users can opt-out by (i) checking the relevant form when we collect the data; (ii) logging into the Website or Platform and adjusting their preferences in their account profile by checking or unchecking the relevant boxes, or (iii) emailing us their opt-out request at info@xaqua.io. Users receiving promotional email can opt-out by sending a return email requesting to be omitted from future promotional email distributions. This opt-out will not apply to information provided by xAQUA for product purchases, warranty registration, or other transactions.
Disclosure of User’s Information for Targeted Advertising. Users can opt-out by (i) checking the relevant form when we collect the data, (ii) logging into the Website or Platform and adjusting their preferences in their account profile by checking or unchecking the relevant boxes, or (iii) emailing us their opt-out request at info@xaqua.io.

9. YOUR CALIFORNIA PRIVACY RIGHTS

xAQUA does not sell, trade, or otherwise transfer to outside third parties your “Personal Information” as the term is defined under the California Civil Code Section § 1798.82(h). Additionally, California Civil Code Section § 1798.83 permits Users of our Website or Platform that are California residents to request certain information regarding our disclosure of their Personal Information to third parties for their direct marketing purposes. To make a request for such disclosure, or identification and/or deletion of Personal Information in all our systems that we store on you, please send an email to info@xaqua.io or write us at xAQUA Technologies Inc., 2893 Sunrise Boulevard, Suite 202, Rancho Cordova, CA 95742.

Note that (i) if we delete your Personal Information as requested, we will no longer be able to provide our services to you and (ii) we may need to keep such Personal Information for a while during the shutting down and billing process. If you would like to discuss our Personal Information storage and processing process with us, please send us an email at info@xaqua.io or write us at xAQUA Technologies Inc., 2893 Sunrise Boulevard, Suite 202, Rancho Cordova, CA 95742

10. CALIFORNIA CONSUMER PRIVACY ACT

This Section supplements the information contained in our Privacy Policy above and applies solely to all visitors, users, and others to our Website or Platform, who reside in the State of California (“consumers” or “you”). We adopt this Section to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and any terms defined in the CCPA have the same meaning when used in this Section.

Right to Request Personal Information. Upon request, we will provide you with (i) a list of all Personal Information that we have collected on you, (ii) from whom we obtained such Personal Information, (iii) the reason why we collected such Personal Information, and (iv) with whom (if any) we have shared such Personal Information. If we sell your Personal Information or disclose your Personal Information to third parties, upon request, we will provide you with (i) a list of the Personal Information that we have collected on you, (ii) a list of the Personal Information that we sell or disclose to others on you, and (iii) to whom we have sold or disclosed your Personal Information. A consumer can make such a request only twice in a 12-month period. We require such Personal Information to be able to provide to you our Services. Unless otherwise specified, we only collect Personal Information from you. We do not use others to provide us with your Personal Information.
Disclosure of Personal Information. We only share your Personal Information with service providers, e.g., billing and collection agents, who enable us to provide our Services to you. We do not sell or give your Personal Information to third parties for purposes unrelated to our provision of Services to you.
Right to have Personal Information Deleted. Upon request, we will delete all of your Personal Information that we have collected on you and will direct our Service Providers to also delete all of your Personal Information. But note that if we do delete all of this Personal Information, you will no longer be able to use our Services.
Non-Discrimination Right. We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
- Deny you goods or services.
- Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
- Provide you a different level or quality of goods or services.
- Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
Financial Incentives. However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.
Contact Information. You may contact us (i) at info@xaqua.io, (ii) or by writing to us at Privacy Officer, at 2893 Sunrise Boulevard, Suite 202, Rancho Cordova, CA 95742 to (i) make a Personal Information Request, (ii) lodge a complaint about our use or storage of your Personal Information, (iii) ask us to delete such Personal Information, and/or (iv) discuss our Privacy Policy and/or anything that has to do with it. We will respond within forty-five (45) days of receiving such a request or query. Additionally, in order for us to respond to your request or query, we will need to collect information from the requesting party to verify their identity.
Under 16. We will not sell your Personal Information if you are under the age of 16 unless we have the consent of your parent or your guardian nor will we sell it if you ask us not to do so.
Opt Out Right. Upon your request, we will stop selling your Personal Information (sometimes called your Opt Out Right). You may send the request to Opt Out (i) to info@xaqua.io, or (ii) by writing to us at Privacy Officer, 2893 Sunrise Boulevard, Suite 202, Rancho Cordova, CA 95742.
Personal Information that We Store. For your information, we store/collect the following Personal Information on you:

Name
Business Address
Business Email Address
Business Telephone Number

11. COPPA COMPLIANCE (FOR CHILDREN UNDER 13 USERS ONLY)

The Children’s Online Privacy Protection Act (“COPPA”) is a federal legislation that applies to entities that collect and store “Personal Information,” as the term is defined under COPPA, from children under the age of 13. We are committed to ensure compliance with COPPA. Our Website and Platform are not meant for use by children under the age of 13. Our Website and Platform do not target children under the age of 13, but we do not age-screen or otherwise prevent the collection, use, and personal disclosure of persons identified as under 13. If you would like to know more about our practices and specifically our practices in relation to COPPA compliance, please email us at info@xaqua.io.

IF YOU ARE UNDER 13, PLEASE DO NOT ACCESS OR USE OUR WEBSITE OR PLATFORM.

12. CAN-SPAM ACT OF 2003

The CAN-SPAM Act establishes requirements for commercial messages, gives recipients the right to have businesses stop emailing them, and spells out penalties for violations. Per the CAN-SPAM Act, we will:

not use false or misleading subjects or email addresses;
identify the email message as an advertisement in some reasonable way;
include the physical address of xAQUA Technologies, Inc., which is 2893 Sunrise Boulevard, Suite 202, Rancho Cordova, CA 95742;
monitor third-party email marketing services for compliance, if one is used;
honor opt-out/unsubscribe requests quickly; and
give an “opt-out” or “unsubscribe” option.

If you wish to opt out of email marketing, follow the instructions at the bottom of each email or contact us at info@xaqua.io and we will promptly remove you from all future marketing correspondences.

13. MODIFICATIONS TO OUR PRIVACY POLICY

We will post any changes to this Privacy Policy in a notice of the change at the bottom of our web page with a hyperlink thereto. We will also send you an email describing such changes. Please regularly review this Privacy Policy. Notwithstanding if you continue to use our services, you are bound by any changes that we make to this Privacy Policy.

14. LIST OF THIRD-PARTY SERVICE PROVIDERS

xAQUA uses the following third-party service providers for the provision of services as detailed under the Terms of Use or Terms of Service, as applicable.

Name of Third-Party Service Provider	Contact Information
Amazon Web Services Inc. (North Virginia, US)	Website: https://aws.amazon.com/premiumsupport/knowledge-center/aws-phone-support/Address: 410 Terry Avenue North, Seattle, WA 98109-5210

15. COPYRIGHT INFRINGEMENT/DMCA NOTICE

If you believe that any content on our Website or Platform violates your copyright, and you wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to the Digital Millennium Copyright Act of 1998 (“DMCA Takedown Notice”)) must be provided to our designated Copyright Agent.

Your physical or electronic signature;
Identification of the copyrighted work(s) that you claim to have been infringed;
Identification of the material on our Website or Platform that you claim is infringing and that you request us to remove;
Sufficient information to permit us to locate such material;
Your address, telephone number, and email address;
A statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

xAQUA’s Copyright Agent to receive DMCA Takedown Notices is Michelle Lettini, at m.lettini@xaqua.io and at xAQUA Technologies, Inc., Attn: DMCA Notice, 2893 Sunrise Boulevard, Suite 202, Rancho Cordova, CA 95742. You acknowledge that for us to be authorized to take down any content, your DMCA Takedown Notice must comply with all the requirements of this Section. Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by xAQUA in connection with the written notification and allegation of copyright infringement.

16. ANTI-BRIBERY COMPLIANCE

xAQUA represents and warrants that it is fully aware of and will comply with, and in the performance of its obligations hereunder will not take any action or omit to take any action that would cause it or its customers to be in violation of, (i) U.S. Foreign Corrupt Practices Act, (ii) U.K. Anti-Bribery Act, (iii) India Prevention of Corruption Act of 1988, or (iv) any other applicable anti-bribery statutes and regulations, and (v) any regulations promulgated under any such laws. Company represents and warrants that neither it nor any of its employees, officers, or directors is an official or employee of any government (or any department, agency or instrumentality of any government), political party, state owned enterprise or a public international organization such as the United Nations, or a representative or any such person (each, an “Official”). Company further represents and warrants that, to its knowledge, neither it nor any of the Supplier Personnel has offered, promised, made or authorized to be made, or provided any contribution, thing of value or gift, or any other type of payment to, or for the private use of, directly or indirectly, any Official for the purpose of influencing or inducing any act or decision of the Official to secure an improper advantage in connection with, or in any way relating to, (A) any government authorization or approval involving xAQUA, or (B) the obtaining or retention of business by xAQUA. Supplier further represents and warrants that it will not in the future offer, promise, make or otherwise allow to be made or provide any payment and that it will take all lawful and necessary actions to ensure that no payment is promised, made or provided in the future by any of the Supplier Personnel.

17. Basis for Legitimate Interests

At xAQUA UDP, we prioritize the security, efficiency, and personalized experience of our platform for all users. To achieve these goals, we collect and process limited company and user information, which includes names, addresses, email addresses, phone numbers, and company details. This information forms the basis of our legitimate interests, which guide our processing activities and are carefully balanced against the rights and freedoms of our users.

Our Legitimate Interests include:

Providing Security Access: We use the collected information to implement robust security measures, including user authentication and authorization. This ensures that only authorized users can access their respective accounts and data, protecting against unauthorized access and potential security threats.
Audit Trails for Enhanced Security: By tracking user activities and transactions, we generate audit logs that are essential for security, compliance, and operational integrity. These logs are accessible exclusively to customer administrative users, allowing for a transparent and secure review of activities within their organization.
Optimizing User Experience: Monitoring user interactions with the platform enables us to understand which functions are most utilized and how we can improve user experience. This data drives our platform enhancements, ensuring that xAQUA UDP continues to meet the evolving needs of our users.

Ensuring Balance and Respect for User Rights:

In aligning our processing activities with our legitimate interests, we conduct a meticulous assessment to ensure these interests do not override the privacy rights of individuals. Our commitment includes:

Limiting the collection of personal data to what is strictly necessary for security and operational purposes.
Implementing measures to protect user data and maintain transparency about how user information is used within our platform.
Providing users with the ability to manage, limit, or object to the processing of their data in accordance with their privacy rights.

Our approach to processing personal data based on legitimate interests is rooted in a commitment to the security, functionality, and improvement of the xAQUA UDP platform. It is carried out with the utmost regard for the privacy and rights of our users, ensuring a secure and personalized user experience.

18. Vital Interests of xAQUA in its End Users

In serving our end users, xAQUA identifies several vital interests as the cornerstone of our data processing activities. These interests guide our commitment to safeguarding our users and ensuring the highest level of service:

Security and Integrity: Our foremost priority is the security and integrity of our platform. By processing limited personal data, we aim to protect our users and our infrastructure against threats and unauthorized access, ensuring a secure environment for all activities within xAQUA UDP.

Personalized and Efficient Service: We leverage user information to tailor our services to meet individual needs and preferences, providing an enhanced and efficient user experience. This personalization is based on understanding user interactions and preferences within our platform.

Legal and Regulatory Compliance: We process user data to fulfill our legal and regulatory responsibilities. This includes adhering to standards and regulations that govern data protection and privacy, thereby protecting our users and our operations from legal risks and ensuring compliance with applicable laws.

Balancing Interests with User Rights:

Our processing of personal data, in alignment with these vital interests, is conducted with a profound respect for the privacy and rights of our users. We ensure that:

The collection and use of personal data are strictly for the purposes of enhancing security, personalizing services, and meeting our legal obligations.
We employ robust data protection measures to safeguard user information against misuse or unauthorized access.
We remain transparent about our data processing practices and respect the rights of our users to inquire about and manage their data in accordance with privacy regulations.

By prioritizing these vital interests, xAQUA UDP strives to deliver secure, customized, and compliant services to our users, underpinning our dedication to excellence and trust in the digital landscape.

19. Organizational Legal Requirements in Processing Data

xAQUA rigorously adheres to a comprehensive set of legal standards and regulations to ensure the responsible processing of our end users’ data. Our commitment to these legal requirements is foundational to our operations, ensuring that we not only protect our users but also uphold the integrity of our platform:

Data Protection Compliance: We rigorously follow the General Data Protection Regulation (GDPR) along with other relevant privacy and data protection laws. This commitment ensures that our data handling practices respect the privacy rights of our users and maintain high standards of data security and integrity.
Financial and Audit Compliance: xAQUA operates in strict conformity with financial regulations and audit requirements. This adherence ensures that our financial practices are transparent, accountable, and subject to rigorous oversight, reflecting our commitment to operational excellence.
Cybersecurity Law Observance: We are dedicated to securing our users’ data against any form of unauthorized access or breach. To this end, we implement advanced cybersecurity measures and practices, complying with relevant cybersecurity laws and regulations. This proactive approach to security safeguards our platform and users’ data from potential threats.

A Framework of Trust and Compliance:

By embedding these organizational legal requirements into the core of our data processing activities, xAQUA UDP establishes a robust framework of trust and compliance. Our users can be confident in our dedication to:

Protecting their data with the highest standards of privacy and security.
Conducting our operations transparently and in full compliance with the law.
Continuously enhancing our security measures to stay ahead of evolving cyber threats.

Our adherence to these organizational legal requirements is a testament to our unwavering commitment to excellence, trustworthiness, and the protection of our end users.

20. Public Interest in Processing Data

In alignment with our mission to contribute positively to society, xAQUA UDP engages in the processing of personal data for tasks that are carried out in the broader public interest. Our initiatives in this domain are carefully designed to respect privacy while serving the collective good:

Support for Scientific Research and Statistics: We are committed to advancing knowledge and understanding in fields relevant to our technology and services. As such, xAQUA UDP may participate in or contribute to scientific research and statistical studies. These activities are conducted strictly within GDPR guidelines and only when they directly serve the public interest, ensuring that personal data is used responsibly and ethically.
Enhancement of Public Health Initiatives: xAQUA UDP recognizes the importance of supporting public health efforts, especially in times of crisis. We are dedicated to processing data in ways that could assist these efforts, adhering to stringent data protection standards to prevent unnecessary exposure of personal information. Our goal is to contribute effectively without compromising the privacy and security of individual data.

A Commitment to Ethical Data Use:

Our engagement in these public interest activities reflects xAQUA UDP’s broader commitment to ethical data use. We believe that by responsibly leveraging data, we can contribute to initiatives that have a positive impact on society while upholding our commitment to data privacy and security. Through transparent practices and strict compliance with data protection laws, we aim to be a trusted partner in the collective effort to advance public interest goals.

21. No Automated Decision-Making or Profiling

xAQUA UDP is dedicated to ensuring the privacy and security of user data. In alignment with GDPR requirements, we hereby clarify that our platform does not utilize automated decision-making or profiling processes based on user data. This approach underscores our commitment to user privacy, offering our clients the assurance that all decisions regarding their data are made with human oversight and input. Our priority is to maintain the trust and confidence of our users by upholding the highest standards of data protection and privacy.

22. Data Processing Limitation

In line with GDPR principles, xAQUA confines its processing of personal data strictly to the original purposes for which it was collected. We will not extend data processing beyond these initial purposes without clear, explicit consent from the data subject. This commitment applies to any new processing activities that diverge from the purposes for which the personal data was initially collected, ensuring that our users’ data is used responsibly and ethically, respecting their privacy and rights.

23. CONTACT US

To ask questions or comment about this Privacy Policy and our privacy practices, contact us at:

Privacy Officer

Email: lettini@xaqua.io
Address: xAQUA Technologies, Inc., 2893 Sunrise Boulevard, Suite 202, Rancho Cordova, CA 95742

PLEASE NOTE: IF YOU USE OUR WEBSITE OR PLATFORM, YOU HAVE AGREED TO AND ACCEPTED THE PRACTICES DESCRIBED IN THIS PRIVACY POLICY AND THE TERMS AND CONDITIONS SET FORTH IN OUR TERMS OF USE OR OUR TERMS OF SERVICE, AS APPLICABLE. IF YOU DO NOT AGREE WITH THE TERMS OF THIS PRIVACY POLICY OR OUR TERMS OF SERVICE, PLEASE DO NOT USE OUR WEBSITE OR PLATFORM.

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Privacy Policy

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