Privacy Notice

Last Updated: November 23, 2025

EmotionTrac, Inc. (collectively, "we," "us," or "our") respects the privacy of people ("you") who visit our website, application, and related online services (collectively, the "Services") or who otherwise engage or interact with us by any of the means described herein.

This Privacy Notice describes how we collect, use, disclose, and protect personal information when individuals interact with our Services. This Notice is intended to comply with applicable privacy laws in the United States. Please read this Privacy Notice carefully to understand our practices regarding your information, as well as your rights and choices. Your use of our Services or your other communication, engagement, or interaction with us is in each case subject to this Privacy Notice, our Terms and Conditions, and any other posted notices or policies.

By accessing any of our Services or otherwise communicating, engaging, or interacting with us, through our Services, by telephone, or by any other means, you acknowledge that you have read and agree to this Privacy Notice and you are consenting to the collection, use, and disclosure of your personal information as set forth in this Privacy Notice. If you do not agree with our policies and practices, do not use our Services or otherwise communicate, engage, or interact with us.

What is Personal Information

"Personal Information" ("PI") means information that identifies, relates to, describes, or is reasonably capable of being associated with a particular individual. This includes identifiers, behavioral data, and sensitive personal information.

Personal Information does not include: publicly available information, or deidentified or aggregated information that cannot reasonably identify you. We maintain and use deidentified data only in accordance with applicable laws and do not attempt to reidentify such information except for testing our deidentification processes.

Types of Information We Collect

We collect information about you in a variety of ways depending on how you interact with us and our Services and advertisements. Some of the information we collect includes personal information that can be used to identify you. The following provides an overview of the types of information we collect from various sources. We may collect the following categories of information:

a. Information You Provide

We collect information that you provide to us directly, such as when you register for an account, make purchases, upload videos, contact us with questions or comments, or to schedule a demo, or participate in social media platforms. This information may include:

• Identifiers (name, email address, IP address, etc.)
• Account credentials
• Payment and billing information (processed by third-party providers)
• Uploaded videos, photos, or recordings
• Customer support communications
• Sensitive Personal Information, including:
• Demographic information (age, gender, race, etc.)
• Biometric Information
• Health Information

For some clients, we process sensitive personal information which may include race, biometric identifiers, and health information. Where required by law, we provide consumers the right to limit the use and disclosure of sensitive personal information

b. Automatically Collected Information

We use cookies and other similar tracking technologies, such as web beacons, clear GIFs, pixels and internet tag technologies (collectively, "tracking technologies"), to gather certain information related to the ways you interact with our websites, mobile applications, advertising, and/or email communications. This information may include:

• Device identifiers and device characteristics
• IP address, browser type, operating system
• App usage data, interaction logs, crash logs, diagnostics
• Behavioral or emotional response analytics derived through our proprietary tools
• Geolocation data (approximate)
• Network information

c. Third-Party Sources

In addition to the information that we collect from you directly, we may also receive information about you from other sources, including third parties, such as our business partners, publicly available sources, or social networks in which you participate.

We may receive information from third parties such as:

• Advertising partners
• Analytics providers
• Social media platforms
• Public sources

How We Use Information

We use the information we collect to deliver, personalize, and improve our Services, as well as to understand how you use and interact with our websites and applications. In addition to the purposes and uses described elsewhere in this Privacy Notice, we generally use information in the following ways:

• Providing, operating, and improving the Services, including managing and maintaining the security of your account
• Performing analytics, attribution, and ad measurement
• Training, testing, and developing AI and analytic models (in compliance with applicable laws)
• Personalizing your experience of our Services, social media pages, and platforms
• Delivering content and Service offerings relevant to your interests
• Helping market and promote our Services to you, through our Services and across other websites, including for targeted or cross-context behavioral advertising
• Processing payments and transactions
• Testing, research, analysis, and product development
• Responding to or communicating with you
• For business purposes, including to operate and improve our business and business activities; to manage our relationships; to detect and prevent fraud or misuse of our services; and for any other business purpose permitted by law
• Evaluating or conducting a merger, acquisition, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets
• For legal and safety purposes, including to defend or protect us, you, our clients, or third parties, from harm or in legal proceedings; maintain the security of our clients, employees, and property; respond to court orders, lawsuits, subpoenas, and government requests; address legal and regulatory compliance; and as otherwise permitted or required by applicable law
• For any other lawful purpose

Sensitive and Biometric Information

We may collect and process sensitive personal information and biometric information (including facial mapping, voiceprints, and micro-expression analytics). We:

• Obtain consent when required by law
• Limit use to disclosed purposes
• Do not sell or share sensitive or biometric information for targeted advertising
• Retain such information only as long as necessary to fulfill the purpose for which it was collected and no longer than one (1) year after your last interaction, unless otherwise required by law.

You may limit certain uses of sensitive personal information where required by state law.

Sharing and Disclosure of Information

We may disclose information that we collect or you provide, as described in this Privacy Notice to the following types of third parties as permitted by law:

• Business Partners with whom we have a contractual relationship.
• Contractors, service providers, vendors, data processors, and other third parties who provide services to or for us such as: marketing and advertising networks, social media platforms, online marketplaces, payment processors, collection agencies, and other entities who perform analytics and advertise our Services on websites not affiliated with us.
• An actual or prospective buyer or other successor in the event of a merger, acquisition, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some (or all) of our assets.
• To legal counsel and other third parties to protect and enforce our Terms and conditions, to establish or exercise right, to defend against a legal claim, to investigate, prevent, or take action regarding possible illegal activities, suspected fraud, safety of person or property, or a violation of our policies, or to protect our operations or those of any of our affiliates.
• To legal, regulatory, or law enforcement bodies (if required by applicable law) to comply or cooperate with court orders, subpoenas, and warrants, and criminal, civil, or regulatory investigations.
• Where required by law, for activities such as sensitive data processing, cross-context behavioral advertising, or location data collection.
• To the public where we offer testimonials, reviews, social networking platforms, or podcasts. If you decide to submit information on these pages or for these purposes, that information may be publicly available.
• Other Disclosures with Your Consent. We may ask if you would like us to share your information with other third parties who are not described elsewhere in this Privacy Notice.

Pursuant to applicable law, the following chart describes the categories of information we disclose for a "business purpose" and share for purposes of cross-context behavioral advertising (also referred to as "targeted advertising"). Please note that because this list is comprehensive it may refer to types of information that we share about people other than yourself.

Category of Personal Information	Disclosure for a Business Purpose	Sharing for Cross-Context Behavioral Advertising
Identifiers, such as real name and/or alias, contact information (such as postal address, telephone number, e-mail address), online identifiers (such as internet protocol address, etc.), or other similar identifiers, signature, physical characteristics, or description.	- Third parties that help administer, manage and analyze our programs and services. - Third parties that provide marketing and data analytics services, such as website/email optimization providers, marketing communications providers (e.g., email, post), and data analytics providers. - Payment processors, financial institutions, and others as needed to complete transactions and for authentication, security, and fraud prevention. - Third parties necessary to complete transactions and provide our products and services. - Third parties that provide us with information technology services, such as internet service providers, operating systems and platforms, data centers/hosts/cloud service providers. - Third parties that assist us with information technology and security programs. - Third parties that assist us with fraud prevention, detection, and mitigation.	- Advertising networks. - Third parties that provide marketing and data analytics services, such as social media platforms used to deliver our ads.
Government issued ID, such as social security number, driver's license number, passport number.	- Payment processors, financial institutions, and others as needed to complete transactions and for authentication, security, and fraud prevention. - Third parties that help administer, manage and analyze our programs and services. - Government entities, law enforcement, lawyers, auditors, consultants and other parties as required by law, including litigation.	None
Financial information, such as credit card number, debit card number, and other payment or financial information.	- Payment processors, financial institutions, and others as needed to complete transactions and for authentication, security, and fraud prevention. - Third parties necessary to complete transactions and provide our products and services. - Third parties that help administer, manage and analyze our programs and services. - Third parties that provide us with information technology services, such as internet service providers, operating systems and platforms, data centers/hosts/cloud service providers. - Third parties that assist us with information technology and security programs. - Third parties that assist us with fraud prevention, detection, and mitigation. - Government entities, law enforcement, lawyers, auditors, consultants and other parties as required by law, including litigation.	None
Medical/health insurance information, such as information regarding an individual's medical history, mental or physical condition, or treatment	- Third parties that help administer, manage and analyze our programs and services.	None
Protected characteristics, such as age and sex.	- Third parties who provide marketing and data analytics services, such as social media platforms used to deliver our ads; website/email optimization providers; marketing communications providers (e.g., email post); and data analytics providers - Third parties who provide us with information technology services, such as internet service providers, operating systems and platforms, data centers/hosts/cloud service providers - Government entities, law enforcement, lawyers, auditors, consultants and other parties as required by law, including litigation	None
Commercial information, such as information about products and services obtained from us, individual's preferences, other consuming histories or tendencies.	- Third parties that help administer, manage and analyze our programs and services. - Third parties that provide marketing and data analytics services, such as website/email optimization providers, marketing communications providers (e.g., email post), and data analytics providers. - Third parties that provide us with information technology services, such as internet service providers, operating systems and platforms, data centers/hosts/cloud service providers. - Third parties that assist us with information technology and security programs. - Third parties that assist us with fraud prevention, detection and mitigation.	- Advertising networks. - Third parties that provide marketing and data analytics services, such as social media platforms used to deliver our ads.
Network activity data, such as browsing and/or search history, information about interactions with our website, mobile application, or advertisements.	- Third parties that help administer, manage and analyze our programs and services. - Third parties that provide marketing and data analytics services, such as website/email optimization providers, marketing communications providers (e.g., email, post), and data analytics providers. - Payment processors, financial institutions, and others as needed to complete transactions and for authentication, security, and fraud prevention. - Third parties necessary to complete transactions and provide our products and services. - Third parties that provide us with information technology services, such as internet service providers, operating systems and platforms, data centers/hosts/cloud service providers. - Third parties that assist us with information technology and security programs. - Third parties that assist us with fraud prevention, detection and mitigation. - Government entities, law enforcement, lawyers, auditors, consultants and other parties as required by law, including litigation.	- Advertising networks. - Third parties that provide marketing and data analytics services, such as social media platforms used to deliver our ads.
Electronic and sensory data, i.e., audio, electronic, visual, thermal, olfactory or similar information, such as audio recording (e.g., customer service call recordings) and photographs.	- Third parties that help administer, manage and analyze our programs and services. - Third parties that provide marketing and data analytics services, such as website/email optimization providers, marketing communications providers (e.g., email, post), and data analytics providers. - Third parties that provide us with information technology services, such as internet service providers, operating systems and platforms, data centers/hosts/cloud service providers. - Third parties that assist us with information technology and security programs. - Third parties that assist us with fraud prevention, detection and mitigation. - Government entities, law enforcement, lawyers, auditors, consultants and other parties as required by law, including litigation.	None
Professional/employment information, such as education, occupation and employment history.	- Third parties that help administer, manage and analyze our programs and services. - Third parties that provide marketing and data analytics services, such as website/email optimization providers, marketing communications providers (e.g., email, post), and data analytics providers. - Third parties that assist us with fraud prevention, detection and mitigation. - Government entities, law enforcement, lawyers, auditors, consultants and other parties as required by law, including litigation.	None
Inferences drawn from any of the above information	- Third parties that help administer, manage and analyze our programs and services. - Third parties that provide marketing and data analytics services, such as website/email optimization providers, marketing communications providers (e.g., email, post), and data analytics providers.	- Advertising networks. - Third parties that provide marketing and data analytics services, such as social media platforms used to deliver our ads.

Note that we do not "sell" your personal information for money. As discussed elsewhere in the Privacy Notice, we use cookies and similar tracking technologies, as well as share email addresses and other non-cookie personal information, for purposes of behavioral advertising. Under applicable law, this may be considered a "sale."

Cookies and Similar Tracking Technologies

A cookie is a small piece of data placed on your device by your browser. Most web browsers automatically accept cookies unless you change your browser to prevent this. However, if you disable cookies through your browser settings, you may be unable to access certain parts or functionality of our Services. We use cookies, pixels, SDKs, beacons, and similar tracking technologies to:

• Analyze usage of the Services
• Personalize content
• Serve targeted ads
• Measure ad effectiveness

We use analytics and session recording technologies, such as Hotjar, to better understand how clients interact with our Services. These tools may record information such as mouse movements, clicks, scrolling activity, and other behavioral data during your browsing session. We use this information to improve the design and functionality of our Services. You can opt out of Hotjar's data collection by adjusting your browser or cookie settings.

How to Opt-Out of Targeted Advertising or the Sale/Sharing of Personal Information

We process personal information for cross-context behavioral and targeted advertising purposes and there are several methods to opt out of the selling and sharing of information for these purposes.

• You may use an Opt-Out Preference Signal, such as the Global Privacy Control (GPC), to opt-out of the sale/sharing of your personal information. We honor GPC opt-out preference signals but you should note that GPC opt-out preferences are only set for the particular browser and device used. To learn more about the GPC, you can visit its website here.

• You may also opt-out from cross-context behavioral or targeted advertisements through the Digital Advertising Alliance (DAA) which is a consortium of national advertising and marketing trade groups and provides tools to opt-out from interest-based ads set by participating DAA companies and organizations (tools links provided for your convenience):

• WebChoices available at: optout.aboutads.info to opt-out using your browser.

• YourAdChoices available at: youradchoices.com/token to opt-out using your email address or telephone number.

• We do not currently recognize the "Do Not Track" signal.

• If you wish to opt out of the sale or sharing of your personal information or the use of your personal information for targeted advertising, please click the Do not Sell Do Not Share link at the bottom of the website homepage to submit your opt-out request or update your cookie consent preferences at any time.

• We use Google to collect and analyze information about the use of our Services. This information helps us serve relevant advertisements to you on Google and helps us to measure the effectiveness of our marketing campaigns. For more information on these services and how you can control information collected by Google, see Google's How Google Uses Information From Sites or Apps That Use Our Services page. If you have an account with Google, you can Manage Your Advertising Settings. Otherwise, you can manage these settings through your web browser as described above.

Email Marketing

We want to send you marketing information, via email, only if you want to receive it. When you use or purchase a Service distributed or provided by us, provide us with your contact information, or request information from us, we may from time to time send you email messages describing our products, services, and offers.

How to Opt-Out of Email Marketing

When you provide us with your email address, you are opting in to receive marketing emails about our Services and offers. You may elect to stop receiving marketing information, at any time, by clicking on the "unsubscribe" link in the footer of marketing emails or by contacting us through one of the methods outlined in the Contact Us section below (please mark the letter or email "Email Opt-Out Request").

Because we are unable to process opt-out requests that do not include complete or accurate information, please be sure to provide: your full name, email address (if applicable) and telephone number you previously provided to us. Once processed, opt-out requests are effective unless they are later revoked by you or you sign up for marketing emails again.

Please be aware that if you opt out of receiving marketing messages from us, it may take up to ten (10) business days for us to process the opt-out request, and you may receive marketing messages from us during that period. Even if you opt out of receiving promotional and marketing material, we may still correspond with you about your existing or past business relationships with us (i.e., order confirmation, ongoing campaigns, etc.).

Your Privacy Rights

Depending on your state of residence, you can make the following choices regarding your personal information:

• Access to Your Personal Information. You may request confirmation on whether we are processing your personal information and request access to the personal information that we have about you or a copy of that information by following the instructions described in the Contact Us section below. In certain circumstances, you may request portability of your personal information. If required by law, upon request, we will grant you reasonable access to the personal information that we have about you.

• Correction of Your Personal Information. You may request your personal information be corrected. Note that we rely on you to update and correct your personal information. Note that we may keep historical information in our backup files as permitted by law. If our Services do not permit you to update or correct certain information, contact us by following the instructions described in the Contact Us section below.

• Deletion of Your Personal Information. You may request that we delete your personal information by following the instructions described in the Contact Us section below. If required by law we will grant a request to delete information, but you should note that in certain situations, we may be required or permitted by law to maintain your personal information.

• Objection or Restriction of Certain Processing. In some circumstances, you may limit or object to our processing of your personal information by following the instructions described in the Contact Us section below.

• Revocation of Consent. If you revoke your consent for the processing of personal information then we may no longer be able to provide you Services. You may revoke consent to processing (where such processing is based upon consent) by following the instructions described in the Contact Us section below.

We reserve the right to deny requests in certain circumstances, such as where we have a reasonable belief that the request is fraudulent, where your identity cannot be verified, where exceptions in the law apply, where we must retain your information to comply with legal obligations, to protect or enforce our legal rights, or where otherwise provided for under applicable law. If we do deny your privacy rights request, we will provide you with the reasons for such denial.

How to Exercise Your Rights

You or, where applicable, someone legally authorized to act on your behalf may request to exercise the access, portability, correction, deletion, objection or limitation rights of certain processing, and revocation of consent described above by emailing us at: privacy@emotiontrac.com with "Privacy Rights Request" in the subject line.

We respond to privacy rights requests only if they are verifiable. This means reasonable steps are taken to verify your identity and your right to submit certain requests. We typically do this through an email verification process asking you to confirm your identity and verify that you have made the request. Where necessary, we may ask you to provide additional information that will help us verify your identity. We will only use this information in the verification process, and not for any other purpose.

If you are resident of a state that allows you to designate an authorized agent to exercise your rights on your behalf, you may designate an agent via email at: privacy@emotiontrac.com. We will request your agent to verify they have the authority to submit requests on your behalf. We will do so by asking the agent to submit the following information:

• Valid power of attorney;
• The requester's valid government-issued ID; and
• The authorized agent's valid government ID.

Please note that we may not be able to process your request if your designated agent and/or you do not provide us with the above information.

Making a verifiable consumer request does not require you to create an account with us.

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time, we will inform you of the reason and extension period as permitted by law. Our response will also explain the reasons we cannot comply with a request, if applicable.

We do not charge a fee to process or respond to your privacy rights request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

How To Appeal a Privacy Rights Decision

Depending on the jurisdiction in which you live, you may have the right to appeal our decision or refusal to take action on your privacy rights request. You may indicate your intention to appeal by contacting us at: privacy@emotiontrac.com with the subject line "Appeal."

Non-Discrimination for Exercising Privacy Rights

We will not discriminate against you for exercising any of your privacy rights: we will not deny you our services, charge you a different price for our services, or provide you a different level or quality of services if you exercise any of your privacy rights

International Data Transfers

This Privacy Notice and our business operations, including the operation of our Services, are intended to comply with applicable laws and regulations. EmotionTrac, Inc. is a United States based company and we may process, store, and transfer your personal information in and to the U.S. or other foreign countries and it may be accessible to law enforcement authorities and national security authorities of those countries and jurisdictions where privacy laws may differ.

Data Retention

We expect to retain personal information only for the period necessary to achieve the purposes for which we have collected it and as otherwise permitted or required by applicable law. We may retain personal information while you remain a client and for a commercially reasonable time after the termination or deactivation of your account with us for marketing, backup, archival, legal, and/or audit purposes and as otherwise permitted or required by applicable law. If you are not a client, we may retain personal information for a commercially reasonable time after collecting your information for marketing, backup, archival, legal, and/or audit purposes and as otherwise permitted or required by applicable law.

Category-based retention periods are available upon request and are set according to: the nature and sensitivity of the information, legal and regulatory requirements, and business needs.

Security

We use administrative, technical, and physical safeguards that we believe are commercially reasonable, adequate, and appropriate to protect the confidentiality, integrity, and availability of our services, and safeguard your personal information from accidental or unlawful destruction, loss, or alteration, and from unauthorized access, use, or disclosure. These security measures include a Secure Sockets Layer (SSL), an advanced security protocol that protects information and helps to ensure secure online ordering. SSL Internet connections are encrypted so information cannot be read in transit.

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 Services, you are responsible for keeping this password confidential. Do not share your password with anyone.

Unfortunately, the transmission of information via the Internet and telephone is not completely secure. Although we do take steps to protect your personal information, we cannot guarantee the security of personal information transmitted to us. 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 Services, social media pages, other platforms, or your devices.

Third-Party Applications/Websites

Our Services may contain links to third-party websites, applications, or platforms. We have no control over the privacy practices of websites or applications that we do not own. Any personal information that you provide through third-party websites, applications, or other means will be governed by the terms and privacy policies applicable to those third-party websites and applications.

Children's Privacy

We do not knowingly collect personal information from children. Our Services are neither designed for, nor directed to, minors or individuals under 18 years of age. If you are a minor or under 18 years of age, do not engage or interact with us in any way, do not use our Services or any of their features, or any of our social media pages or platforms, and do not provide any information about yourself to us by any other means (including by phone or email or through any of our social media pages or platforms). If you believe a minor or someone under 18 has provided their personal information to us without appropriate parent or legal guardian consent, please email us at: privacy@emotiontrac.com.

Changes to This Privacy Notice

We may update this Notice at any time and from time to time, with or without notice. It is our practice to post any changes we make to this Notice, on this page. The "Last Updated" date reflects the most recent revision. Changes become effective when posted. You are responsible for periodically visiting this page to check for any changes. Your continued use of any of our Services or continued engagement or interaction with us after we make changes to this Notice is deemed to be an acceptance of those changes.

Contact Us

If you have questions or concerns about this Privacy Notice or our privacy practices, you would like to exercise applicable privacy rights, or understand if these rights apply to you, you may contact us at:

Email: privacy@emotiontrac.com

Mailing Address: EmotionTrac Inc. 10802 Lake Wynds Ct. Boynton Beach, FL 33437

Please mark any privacy-related correspondence, "Privacy Request".

Additional California Disclosures

Sensitive Information Disclosure. Some of the personal information we collect is considered "sensitive personal information" under California law. We collect the following categories of sensitive personal information (as defined under California law): account log-in, in combination with any required security or access code, password, or credentials allowing access to an account; financial information; demographic information such as gender or ethnicity; biometric data; and information concerning an individual's health. This information is collected in order to process transactions, provide you with Services, and to manage our business. Note that we do not use this information for any purposes that are not identified within the Cal. Civ. Code Section 1798.121. We do not "sell" or "share" sensitive personal information for purposes of cross-context behavioral advertising.

California Shine the Light. If you would like more information concerning the categories of personal information (if any) we share with third parties or affiliates for those parties to use for direct marketing, please submit a written request to us using the information in the "Contact Us" section in our Privacy Notice.