PRIVACY POLICY

Last Updated: June [20], 2022

TABLE OF CONTENTS

• Scope of This Privacy Policy
• The Categories of Personal Data We Collect
• How We Collect Personal Data (Sources of Data)
• How We Use (Process) Your Personal Data
• How We Disclose (Share) Your Personal Data
• Cookies and Other Technology
• Residents in California
• Your Rights and Choices
• Verification
• Social Media, Public Forums and Links to Other Websites
• Children’s Online Privacy
• Cross Border Data Transfers
• Changes to This Privacy Policy
• EEA Data Protection Authority
• How to Contact Us

SCOPE OF THIS PRIVACY POLICY

1. EMQ Technologies Incorporated, Inc. and its affiliated companies and subsidiaries (collectively, "EMQ") respect your privacy. This Privacy Policy applies to personal data collected by EMQ through the https://www.emqx.com/en website.
2. Please also note that co-branded websites (websites where EMQ presents content together with one or more of our business partners) may be governed by additional or different privacy policies. Please refer to the privacy policy on those websites for more information about applicable privacy practices.
3. As used in this Privacy Policy, "personal data" means any information that relates to, is capable of being associated with, describes, or could be linked to, an identified or identifiable natural person (‘data subject’). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

THE CATEGORIES OF PERSONAL DATA WE COLLECT

HOW WE COLLECT PERSONAL DATA (SOURCES OF DATA)

HOW WE USE (PROCESS) YOUR PERSONAL DATA

1. EMQ may use personal data we collect about you to:

   1. Identify and Authenticate You. We use your personal data to verify your identity when you access and use our services and to ensure the security of your personal data. This includes your creation of an account that is associated with your personal data.

   2. The personal data that may be collected and processed for this purpose includes: name, title, company name, email address, telephone number, postal address, account number, username/user ID, password, preferred language and preferences. We process this information in order to comply with our contractual obligations to you. In other cases, it is in our legitimate business interests to be able to identify and authenticate you.

   2.Fulfill Your Requests. If you request something from EMQ, such as a product or service, a call back, a newsletter subscription, or specific marketing or other materials, we use the personal data you provide to respond to your request. We or our representatives may also contact you as part of customer satisfaction surveys or for market research purposes. Where required by applicable law, we will obtain your consent before sending marketing messages.

   1.The personal data that may be collected and processed for this purpose includes: name, title, company name, email address, telephone number, postal address, account number, username/user ID, payment information, purchase records, information about your use of the product or service, information about your registration or participation in an event, your preferred language and other preferences, credit and billing status, and support inquiries. We process this information in order to comply with our contractual obligations to you when responding to your requests. In other cases it is in our legitimate business interests to be able to provide customers and prospective customers with information, goods, or services they request.

   1. Provide You with Information About Our Products, Services and Events. EMQ may use your personal data to notify you about product and service offerings as well as events that we believe may be of interest to you. EMQ also may use your personal data to respond directly to your requests for information, including registrations for newsletters or other specific requests.

   1.The personal data that may be collected and processed for this purpose includes: name, title, company name, email address, telephone number, postal address, account number, username/user ID, payment information, purchase records, information about your use of the product or service, information about your registration or participation in an event, your language and other preferences, credit and billing status, and support inquiries and location information and inferences. It is in our legitimate business interests to be able to provide customers, prospective customers, and the public with information about our products, services, and events.

   1. Provide Support and Customer Service. We use your personal data to provide support for products or services you have obtained from us and answer other questions. In the course of providing technical support to you, we may sometimes have incidental access to data that you have provided to us or data that is located on your systems. This data may contain information about you, or your organization’s business, employees, customers, partners, or suppliers. This Privacy Policy does not govern our access to or handling of this information. The conditions regarding the handling and processing of that data is covered by the applicable agreement between you and EMQ, such as our Enterprise Software License Agreement.

   2. The personal data that may be collected and processed for this purpose includes: name, title, company name, email address, telephone number, postal address, account number, username/user ID, payment information, purchase records, information about your use of the product or service, information about your registration or participation in an event, your language and other preferences, credit and billing status, and support inquiries. We process this information in order to comply with our contractual obligations to you.

   3. Process Your Job Application. When you apply for a position at EMQ, we use the personal data you provide for the purpose of assessing your application, considering you for future positions and carrying out human resources functions in accordance with applicable law. EMQ will share the personal data you supply during the application process with internal human resources professionals as well as professionals in our business functions who are participating in the application and interview process.

   4. The personal data that may be collected, shared, and/or processed for this purpose includes: name, title, company name, email address, telephone number, postal address, your preferred language and other preferences, resume, cover letter, age, education, professional history and contact details. It is in our legitimate business interests to be able to review the qualifications of prospective employees and perform human resources functions with regard to our employees.

   5. Enhance the Website Experience. When you use our websites and/or respond to our emails, we use the personal data you provide for the purpose of enhancing and customizing your experience on our websites and to deliver content and product and service offerings relevant to your interests, including targeted offers through our website, third-party sites or email (with your consent, where required by applicable law). We may also use this information to help us improve and further develop our websites, products and services.

   6. The personal data that may be collected, shared and/or processed for this purpose includes: name, title, company name, email address, telephone number, postal address, information about your use of the product or service, information about your registration or participation in an event, your preferred language and other preferences, location information, inferences, information collected when you visit a website, such as IP address, browsing history, information on your interaction with the website, browser type and language, operating system, location, date and time. It is in our legitimate business interests to improve the EMQ websites, products and services and to enhance our users’ experience with the websites, products and services.

2. We will not use your personal data in a manner that is inconsistent with the purpose of its original collection, unless we have provided you additional notice and you have consented.

3. EMQ will retain your personal data for only as long as is required to fulfill the purposes for which the information is processed or for other valid reasons to retain your personal information (for example to comply with our legal and regulatory obligations, resolve disputes, enforce our agreements and for the establishment, exercise or defense of legal claims).

HOW WE DISCLOSE (SHARE) YOUR PERSONAL DATA

1. EMQ discloses personal data for the following business purposes:

   1. EMQ may disclose personal data to business partners and service providers in order to support our business operations, such as (but not limited to) fulfilling your orders, processing your credit card payment for your purchase of our products and services, following up on requests, providing support and assisting EMQ with sales, marketing and communication initiatives. These business partners and service providers include distributors, resellers, payment processors, financial service providers and institutions, materials production and shipping companies, postal or government authorities, market intelligence and consulting service providers, and information technology service providers. Business partners and service providers are required by contract to keep the information received on behalf of EMQ confidential and secure and not use it for any purpose other than the purpose for which it was provided to them.

   2. The categories of personal data we may disclose to these third parties include: contact information, including identifiers; account and commercial information; professional or employment-related information; internet or other similar network activity; location information; and inferences.

1. EMQ may disclose personal data as required by law or legal process, such as responding to a duly authorized and lawful request of a police or public authority (including to meet national security or law enforcement requirements), to enforce or protect the rights of EMQ, when such disclosure is necessary or appropriate to prevent physical harm or financial loss as permitted by applicable law, or in connection with an investigation of suspected or actual illegal activity.

   1. The categories of personal data we may disclose to these third parties include: contact information, including identifiers; account and commercial information; professional or employment-related information; internet or other similar network activity; location information; and inferences.

2. EMQ may disclose personal data in the context of a business transaction involving part or all of EMQ, such as a merger, acquisition, consolidation, or divestiture. Such a transaction may involve the disclosure of personal data to prospective or actual purchasers, or the receipt of it from sellers. It is EMQ’s practice to seek appropriate protection for information in these types of transactions. EMQ will inform you of the name and the contact information of the receiver of your personal data. Following such a business transaction, you may contact the entity to which we transferred your personal data with any inquiries concerning the use of that information.

   1. The categories of personal data we may disclose to these third parties include: contact information, including identifiers; account and commercial information; professional or employment-related information; internet or other similar network activity; location information; and inferences.

3. EMQ may also disclose personal data to its affiliates and subsidiaries, including its parent company, EMQ Technologies Co., Ltd. ("EMQ China"), for the business purposes described above, and transfer personal data to countries where EMQ and EMQ China conduct business in accordance with the "Cross Border Data Transfers" section of this Privacy Policy.

   1. The categories of personal data we may disclose to these third parties include: contact information, including identifiers; account and commercial information (including your credit card information provided when you register your account with us); professional or employment-related information; internet or other similar network activity; location information; and inferences.

COOKIES AND OTHER TECHNOLOGY

1. When you visit our websites we may automatically collect information such as your IP address, browsing history, information on your interaction with the website, browser type and language, operating system, location, date and time (i.e., the category above referred to as Internet or other similar network activity). We may also use cookies to collect information as you navigate our websites. A cookie is a small amount of data that is sent to your browser from a web server and stored on your device. The cookie may be placed by EMQ or by an authorized third party. We use both session-based and persistent cookies on our websites. Session-based cookies exist during a single session and disappear when you close your browser or turn off your device. Persistent cookies remain on your device even after you close your browser or turn off your device.

2. EMQ categorizes the cookies on our websites into

   1. Required Cookies. Required cookies are necessary to enable the basic features of the website to function. EMQ uses some cookies that are required for the delivery of services on our websites. Cookies that are required allow us to maintain and improve the safety and security of our websites, authenticate account users, allow you to access your private accounts on our websites, allow you to sign into different portions of our websites with the use of only one login, and balance the traffic on our websites. Cookies that are required are not used for marketing purposes.
   2. Functional Cookies. Functional cookies allow us to analyze your use of the website to evaluate and improve our performance. EMQ also uses functional cookies to improve our service to you and personalize your web browsing experience, such as by gaining a better understanding of your interests and requirements regarding our websites, our business or our products and services. Cookies that EMQ uses to improve our services and your website experience may remember your language and site preferences, invite you to participate in surveys or evaluations, show you when you are logged into our system and allow you to remain logged-in for a period of time, help provide you with support services, remember your login information, and prepopulate forms that you have already completed. EMQ also uses cookies that collect information about how you use our websites, including which pages you visit, and whether you experience any errors. These cookies use aggregate information to provide statistics on how our websites are used, help us improve our websites by measuring errors, testing different designs on our websites, and helping us measure the traffic on our websites so that we can optimize our content accordingly. These cookies are used to help us improve how our websites work, understand what interests our users, and measure website quality and the effectiveness of our online advertising.
   3. Advertising Cookies. Advertising cookies are used to show you ads that are more relevant to you. We may share this information with advertisers or use it to better understand your interests. For example, advertising cookies may be used to share data with advertisers so that the ads you see are more relevant to you. In addition, we may use remarketing technology to advertise on other websites you may visit. In doing so, a third party may place or read a unique ad-serving cookie on your device and use technical information about your browser and your activity at a EMQ website to serve advertisements to you on non-EMQ websites.

3. If you do not want your information to be stored by cookies, you can manage your cookie preferences by using the options and tools made available to you by either your web browser or EMQ. You can configure your browser so that it always rejects these cookies or asks you each time whether you want to accept them or not. Your browser documentation includes instructions explaining how to enable, disable or delete cookies at the browser level (usually located within the "Help", "Tools" or "Edit" facility). If a cookie manager has been implemented by EMQ on the website you are visiting, the cookie tool will be displayed on the website during your visit (e.g., click the "Cookie Preferences" or similar link at the bottom of the website). You can use the cookie manager to set your cookie preference and to see a list of the cookies used on the EMQ website. The cookie manager also provides information on the specific cookies used and the classification of the cookie (i.e., Required, Functional or Advertising). Whether you utilize the cookie manager or manage cookies at the individual browser level, please remember that Required cookies will remain and cannot be turned off. Please also understand that choosing to reject cookies may reduce the performance and functionality of our websites.

4. While EMQ websites at this time generally do not recognize automated browser signals regarding tracking mechanisms, such as "do not track" instructions, you can generally express your privacy preferences regarding the use of most cookies and similar technology through your web browser.

5. EMQ also uses web beacons alone or in conjunction with cookies to compile information about usage of our websites and interaction with emails from EMQ (e.g., open rates, click through rates). Web beacons are clear electronic images that can recognize certain types of information on your device, such as cookies, when you viewed a particular website tied to the web beacon, and a description of a website tied to the web beacon. For example, EMQ may place web beacons in marketing emails that notify EMQ when you click on a link in the email that directs you to one of our websites. EMQ uses web beacons to operate and improve our websites and email communications.

RESIDENTS OF CALIFORNIA

1. If you are a resident of California, please review these additional privacy disclosures, which summarize how we collect, use, and disclose information about you and explain your rights under California law.

2. We collect the following categories of personal information: identifiers, demographic information, commercial information, internet or other electronic network activity information, electronic, visual, or similar information, professional or employment-related information, education information, and inferences drawn about you. For examples of the precise data points we collect, please see the "How We Collect Personal Data (Sources of Data)" section above.

3. We collect personal information from the sources identified in the "How We Collect Personal Data (Sources of Data)" section above. We collect this information for the business purposes described in the "How We Use (Process) Your Personal Data" section above. In the preceding 12 months, we have disclosed the following categories of personal information for business purposes to the following categories of recipients:

1. California law requires that we provide transparency about personal information we "sell," which for the purposes of the CCPA broadly means scenarios in which we have shared personal information with third parties in exchange for valuable consideration. EMQ does not sell the personal information we collect.

2. You have the right to (1) request to know more about the categories and specific pieces of personal information we collect, use, and disclose, (2) request deletion of your personal information, (3) opt out of any "sales" of your personal information that may be occurring, and (4) not be discriminated against for exercising these rights. You may access the information we hold about you by logging into your account and selecting "[Profile]". While logged into your account you can also view Email, Full Name, Company, Use Case, Country or Region, Password. You may request deletion of your personal information by closing your account. If you need additional assistance accessing or deleting your personal information, you may contact us as described below under "How to Contact Us. We may ask you to verify your request by logging into your account or asking you to provide information related to your recent interactions with us. We will not discriminate against you if you exercise your rights under the CCPA.

3. If we receive your request from an authorized agent, we may ask for evidence that you have provided such agent with power of attorney or that the agent otherwise has valid written authority to submit requests to exercise rights on your behalf. If you are an authorized agent seeking to make a request, please contact us.

4. Uses web beacons to operate and improve our websites and email communications.

YOUR RIGHTS AND CHOICES

1. In accordance with the laws of certain countries, you may have certain rights and choices regarding the personal data we collect and maintain about you, and how we communicate with you.

2. Where the EU General Data Protection Regulation 2016/679 ("GDPR"), the California Consumer Privacy Act of 2018 ("CCPA") , or similar legal requirements apply to the processing of your personal data, especially when you access the website from a country in the European Economic Area ("EEA"), or as a consumer in the state of California or in a jurisdiction with similar legal protections, you have the following rights, subject to some limitations, against the respective EMQ Company responsible for the website you are using:

   1. The right to request information about our use of your personal data (e.g., the pieces and categories of personal data we have; the categories of sources, purposes for collection, the third parties with whom we have shared personal data, and personal data we have disclosed);
   2. The right to review and access your personal data;
   3. The right to rectify (correct, update or modify) the personal data we hold about you;
   4. The right to erase (e.g., delete), de-identify, anonymize or block your personal data;
   5. The right to restrict our use of your personal data;
   6. The right to object to our use of, or certain types of disclosures of, your personal data;
   7. The right to request the transfer of your personal data we hold about you to a third party;
   8. The right to receive your personal data in a usable format and transmit it to a third party (also known as the right of data portability); and
   9. The right to lodge a complaint with your local data protection authority.

3. If you would like to exercise any of these rights, you may do so please contact us as described below under "How to Contact Us.

4. Where the GDPR, CCPA or similar legal requirements apply, you also have the right to withdraw any consent you have given to uses of your personal data. If you wish to withdraw consent that you have previously provided to us, you may do so by contacting us as described below under "How to Contact Us. However, the withdrawal of consent will not affect the lawfulness of processing based on consent before its withdrawal.

5. Where the GDPR, CCPA or similar legal requirements do not apply, EMQ grants you the ability to access, modify, or update some of your personal data online at any time. You may log in and make changes to your information, such as your password, your contact information, your general preferences, and your personalization settings. If necessary, you may also contact us as described below under "How to Contact Us, and describe the changes you want made to the information you have previously provided. However, note that changing or deleting information necessary for EMQ to assist with support, services, and purchases may result in a delay or interruption in processing your requests.

6. You will be given an opportunity to tell us whether you would like to receive information, special offers, and promotional materials by email from EMQ or our business partners when you create a https://www.emqx.com/en/signup account, when you register for a service, when you provide us with your personal data, or when we send you a marketing email. Where required by applicable law, we will obtain adequate consent to provide you with these marketing materials. You also have the ability to opt out of receiving marketing emails from EMQ at any time without cost by contacting us as described below under "How to Contact Us."

7. When you exercise your privacy rights referenced hereinabove, you have a right not to receive discriminatory treatment by EMQ for the exercise of such privacy rights.

VERIFICATION

1. Before responding to a request for information about your personal data, we must verify the request. Verification is important to protect your information and to help confirm that we are responding to a valid request and providing the response to the correct individual. To verify the request we initially ask for at least two (2) or three (3) identifiers, such as name, email address and location. If we have a need to request additional identifiers to reasonably verify your identity, we will contact you and request additional verification. The information we ask to verify your identity may depend on your relationship with us.

2. When you exercise your privacy rights referenced in the "YOUR RIGHTS AND CHOICES" section above, you can designate an authorized agent or representative to make a request on your behalf by providing the authorized agent with written permission to do so and verifying your identity with us as part of the request, or by providing the authorized agent with Power of Attorney pursuant to applicable law (e.g., the California Probate code). We will ask the individual submitting the request to denote that they are an authorized agent or representative. When submitted by an authorized agent or representative, we ask the authorized agent or representative to provide name, email address and a description of the relationship with the individual who is the subject of the request and to certify that the representative has permission to submit the request, and may request proof of the consumer’s written permission.

HOW WE STORE AND PROTECT YOUR INFORMATION

1. We store data on servers in California, United States. If you are located in the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that your personal information may be transferred to a country and jurisdiction that does not have the same data protection laws as your jurisdiction. The United States and other countries may not have the same data protection laws as the country from which you initially provided the information.

2. EMQ intends to protect your personal data. We have implemented appropriate physical, administrative and technical safeguards to help us protect your personal data from unauthorized access, use and disclosure. We also require that our business partners and service providers protect such information from unauthorized access, use and disclosure.

3. We will retain your information as long as necessary for the purposes outlined in this Privacy Policy, and for a commercially reasonable time thereafter for backup, archival, fraud prevention or detection, or audit purposes, or as otherwise required by law. We may anonymize and/or aggregate personal information and store it in order to analyze aggregate metrics and trends.

SOCIAL MEDIA, PUBLIC FORUMS AND LINKS TO OTHER WEBSITES

1. EMQ may provide social media features that enable you to share information with your social networks and interact with EMQ on various social media websites. Your use of these features may result in the collection or sharing of information about you, depending on the feature. We encourage you to review the privacy policies and settings on the social media websites with which you interact to make sure you understand the information that may be collected, used, and shared by those websites.

2. Our websites may make chat rooms, forums, blogs, message boards, and/or news groups available to its users. Remember that your comments and posts become publicly available, and we urge you to exercise discretion when submitting such content.

3. Our websites may contain links to other websites. EMQ does not control and is not responsible for the information collected by websites that can be reached through links from our websites. If you have questions about the data collection procedures of linked websites, please contact the organizations that operate those websites directly.

CHILDREN’S ONLINE PRIVACY

1. EMQ’s products and services are not directed to children and EMQ does not knowingly collect online personal data from children under the age of 16. If you are a parent or guardian of a minor under the age of 16 and believe that he or she has disclosed personal data to us, please contact us as described below under "How to Contact Us." EMQ will ensure their personal data is properly processed and disposed of with the consent of their parent or guardian.

CROSS BORDER DATA TRANSFERS

1. EMQ is a global organization, with legal entities, business processes, and technical systems that operate across borders. The United States and other countries may not have the same data protection laws as the country from which you initially provided the information.

2. Where required by applicable law, we have put in place appropriate safeguards (such as standard contractual clauses approved by the European Commission) in accordance with applicable legal requirements to ensure that your data is adequately protected. When transferring your personal data internationally, EMQ will protect your personal data as provided in this Privacy Policy and comply with applicable legal requirements as may be in effect from time to time.

CHANGES TO THIS PRIVACY POLICY

1. We may change this Privacy Policy from time to time. If we make changes, we will notify you by revising the date at the top of the policy and, in some cases, we may provide you with additional notice (such as adding a statement to our homepage or sending you a notification). We encourage you to review the Privacy Policy whenever you access the Services or otherwise interact with us to stay informed about our information practices and the choices available to you. If you would like information related to the previous version of this Privacy Policy and/or a copy of the previous version, please contact us as described below under "How to Contact Us."

EEA DATA PROTECTION AUTHORITY

HOW TO CONTACT US

EMQ Technologies Incorporated

Legal and Compliance

305 Vineyard Town Center, Suite 140

Morgan Hill, CA 95037

United States