This Privacy Notice applies to the https://www.akerna.com website and all related web pages (collectively the “Website”) whether accessed via computer, mobile device or otherwise, which is owned and operated by Akerna Corp. and/or its affiliates and related companies (“Akerna”, “us” or “we”), as well as any online or in-person services that we make available to you (our “Services”).

Akerna cares about your personal integrity. Therefore, this Privacy Notice is provided to equip you with information about how Akerna collects, uses, discloses and processes personal data gathered through your use of this Website and our Services.

Our Privacy Notice also explains your privacy rights, and how you can manage the privacy of your Personal Information. Please note that this Privacy Notice does not govern the practices of third parties, including our partners, third party service providers, and/or advertisers, even when those services are branded as, or provided on behalf of, Akerna. Information collected from you by others, such as third-party websites that you access through links on the Website, are governed by privacy policies enacted by those separate entities.

Please read this Privacy Notice carefully. By using our Website and Services, you acknowledge that you have read this Privacy Notice, and agree to be bound by it. If you do not agree to any of the terms contained in this Privacy Notice, your remedy is to not use our Website or Services. Privacy Notice last updated: July 14, 2020.

Definitions

• Personal Information (also referred to as “Personal Data”): Personal Information means data about a particular individual or household that identifies, relates to, describes, could be reasonably linked to, or could be used to identify that person or household (or from those and other information either in our possession or likely to come into our possession). It also includes other information that may be associated with your Personal Information, such as your Usage Data (defined below), location, and preferences or interests, if that information can be used to identify you or your household.
• Services: We provide a variety of _SaaS services, including Seed to Sale Tracking, Distribution Services, Compliance Services, and Consulting Services.
• Cookies: Cookies are small files stored on your device (computer or mobile device).
• User: Any individual who uses our Services and/or Website and is the subject of Personal Information collected and/or processed.

Information We Collect and How

We collect information as a part of our business operations, to provide Services that you request, to improve the Services we offer to you, to respond to requests and offer customer support, and to fulfill legal and contractual obligations. Through your use of the Website or Services, we may collect information that identifies you as an individual or relates to you. This information may be provided to us directly by you, from service providers and third parties, and/or technologically gathered through your use of our Website and Services, as described in greater detail below:

Information Provided Directly By You

At times, we may require you to provide certain information – including Personal Information – in order to use certain parts of our Website, to allow us to fulfill your requests, or to allow us to provide you with certain Services. Additionally, we collect any information you choose to share with us, including information you provide when you contact us with questions or request information. This information may include:

• Information that you provide by completing forms on our Website when registering on our site, placing an order, subscribing to our newsletter, responding to a survey, requesting a demo and/or filling out a form.
• Information you provide when you report a problem with our Website or request information about our Services.
• Details of transactions you carry out through our Website and/or Services, including your credit card, debit card, or bank account information required to complete the transaction.
• Records and copies of your correspondence (including home addresses, e-mail addresses and telephone numbers).
• Information that you choose to provide if you apply for a job at Akerna.
• Information that you provide if you use our “contact us” services. For example, we may ask you to provide your name, telephone number, e-mail address and message. Akerna may retain and monitor these messages.

Information Provided by Third Parties

We obtain certain kinds of information about you from third parties to better provide Services to you. For example, we obtain anonymous information, such as user activity, demographic information, and general location from Google Analytics. We may also receive Personal Information from third parties, such as employment search companies and social media outlets.

Information Gathered Through the Use of Our Services and Website

We collect certain information from you through your use of our Services and Website. This information may include:

• Usage Data. We collect information on how you access and use our Services (“Usage Data”). This Usage Data may include information such as your computer’s Internet Protocol address (e.g. IP address), your operating system version, browser type, browser version, the pages of our Website that you visit, the time and date of your visit, the time spent on those pages, the site from which you linked to ours, search terms you used in search engines which resulted in you linking to our Website, unique device identifiers and other diagnostic data.
• Mobile Device Information. When you access our Website via a browser on your mobile device, we may collect mobile network information including telephone number, the unique device identifier assigned to that device, mobile carrier, operating system, and other device attributes.
• Location Information. We may collect information about your actual location which may be determined from GPS and other sensors that may reveal information on nearby devices, Wi-Fi access points, and cell towers.
• Generic Information. Generic Information is information that does not directly reveal the identity of an Akerna client, or visitor to the Website. This information may include Usage Data and other aggregate usage metrics such as total number of Website visitors, pages viewed, and usage patterns within the Website, etc. This may also include information about your device. We may automatically gather some Generic Information from our members, customers, and Website visitors. In particular, we employ Google Analytics to collect user demographics, which helps inform us about our users’ ages, genders, and general interests and affinities. At times, the combination of various types of data, including Generic Information and Usage Data, may enable you to be identified, and may therefore qualify as Personal Information.
• Tracking & Cookies Data. We use cookies and similar tracking technologies to track the activity on our Website, and we hold certain information. Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Other tracking technologies are also used such as beacons, tags and scripts to collect and track information and to improve and analyze our Services.
• Examples of cookies and tracking data we use:
  • Session Cookies. We use session cookies to remember your selections and/or changes you make when you interact with our Website. Session cookies are temporary and are automatically deleted once you close your Internet browser.
  • Preference Cookies. We use Preference Cookies to remember your preferences and various settings. Preference cookies are first party cookies that remain on your computer or device until you delete them or they are otherwise removed upon expiration.
  • Third Party Cookies. We allow third-party service providers and other companies to use cookies or other similar technologies on our Websites that may collect your information, track your behavior on our Websites, and gather information about your use of our Websites and other online services over time and across different services. For example, we use Google Analytics to anonymously record user activity, demographic information, and general location.
  • Log Files. The Website server automatically recognizes the Internet URL from which you access this Website. We may also log your Internet protocol (“IP”) address for system administration and troubleshooting purposes. (An IP address indicates the location of your computer on the Internet).
• When it comes to how you want to use or allow cookies to be used on your devices, you are in control. Most internet browsers are initially set to accept cookies. You may set your browser to block or otherwise control what cookies your browser or mobile device accepts via your browser or mobile device settings. Additionally, you can choose to modify your settings and delete those cookies that are otherwise stored on your device. Please consult the instructions provided by your browser or your mobile device’s manufacturer to determine how you can limit the placement of and/or remove cookies or other technologies. Please note, however, that limiting or disabling the use of cookies and other technologies may impact or adversely affect your ability to perform certain transactions on, use certain functionalities of, and access certain content on our Website.

“Do Not Track” Signals

We do not support Do Not Track. Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked. You can enable or disable “Do Not Track” by visiting the “Preferences” or “Settings” page of your web browser. We may track your online behavior over time and across web services. This results in the collection of anonymous information about the usage of the site. This tracking is currently supported through the Google Analytics services (https://analytics.google.com/).

Third parties may collect data that relates to you. We cannot control third parties’ responses to do-not-track signals or other such mechanisms. Third parties’ use of data relating to you and responsiveness to do-not-track signals is governed by their respective privacy policies.

Purposes for Collecting, Processing, and Using Your Information

Akerna may use your Personal Information for operational, legal, administrative, and other legitimate purposes permitted by applicable law. Some of the ways we may use Personal Information include:

• To present our Website and its contents in a suitable and effective manner for you and for your device;
• To provide you with information, products, or Services that you request from us;
• To advertise products and Services that we think may be of interest to you;
• To establish and manage accounts, including by collecting and processing payments and completing transactions;
• To provide our e-mail services;
• To provide customer support, troubleshoot issues, manage accounts, and respond to requests, questions, and comments;
• To carry out our obligations and enforce our rights arising from any contracts entered into between you and us;
• To notify you about any additions, upgrades, or changes in our Services;
• To administer a contest, promotion, survey or other Website feature;
• To help law enforcement to prosecute individuals responsible for malicious, deceptive, fraudulent, or illegal activity involving Akerna, our Services, and/or our customers;
• To assist with fraud prevention, improving the security of our networks, and reporting suspected criminal activity to law enforcement; and
• To comply with applicable laws, in response to a lawful and enforceable request by a law enforcement, judicial, or other public authority, or in connection with an applicable legal obligation.

Note: If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.

We may combine information about your use with information about others’ use to generate aggregated non-personal Information about visitors as a group. As noted above, we employ Google Analytics to collect user demographics, which helps inform us about our users’ ages, genders, and general interests and affinities. We may review this information and use it to view and create reports to assist us with analyzing our users’ preferences and patterns. We may combine this with your Personal Information or with other non-personal Information. When non-personal Information is combined in a way that it identifies you, it will be treated like Personal Information.

How We Disclose or Share Your Information

Akerna may disclose or share your information as follows:

• With third parties who perform data services on our behalf (hosting, maintenance, backup, analysis, etc.). Any such third parties will be under an obligation to us to maintain the confidentiality of your personal information.
• To third-party service providers to prepare, deploy, and analyze advertising content;
• To third-parties so that they can market products, information, campaigns, or services to you. To the extent you do not want us to share your personal information with these companies, please contact us as described below in the “How to Contact Us” section;
• To the extent that we are required to do so by law;
• In connection with any legal proceedings or prospective legal proceedings;
• To establish, exercise, or defend our legal rights, including providing information to others for the purposes of fraud prevention;
• To any person who we reasonably believe may apply to a court or other competent authority for disclosure of that personal information where, in our reasonable opinion, such court or authority would be reasonably likely to order disclosure of that personal information;
• To any third parties as part of any business or asset sale;
• In the event of a bankruptcy, as part of a sale in connection with reorganization or liquidation processes; and
• To any other person or entity where you consent to the disclosure.

Categories of Personal Information Sold

Akerna may sell your Personal Information to third-parties so that they can market products, information, campaigns, or services to you. To the extent you do not want us to share your personal information with these companies, please contact us as described below in the “How to Contact Us” section. Please note that Akerna does not sell personal information relating to California residents or residents of the European Union.

Please note that a “sale” of Personal Information does not include those instances when such information is part of a merger, acquisition, or other transaction involving all or part of our business. If we sell all or part of our business, make a sale or transfer of assets, or are otherwise involved in a merger or other business transaction, or in the event of a bankruptcy as part of a sale in connection with reorganization or liquidation processes, we may transfer your Personal Information to a third party as part of that transaction. If such transaction materially affects the manner in which your Personal Information is processed, we will notify you of such change prior to its implementation.

Data Retention

We will retain your Personal Information only for as long as is necessary for the purposes set out in this Privacy Notice. We will retain and use your Personal Information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes and enforce our legal agreements and policies.

Transfer of Data

While our Website is available for anyone who is interested in Akerna, we do not sell or make available any products, goods, or other services to individuals outside of the United States, including the European Union. Your information, including Personal Information, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction.

If you are located outside of the United States and choose to provide information to us, please note that we transfer the data, including Personal Information, to the United States and process it here. If you are located in the European Union, you should be aware that U.S. data protection laws are not deemed to be as adequate as those in the European Union. Your submission of such information represents your agreement to that transfer.

Security of Data

The security of your data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. We take all reasonable technical, organizational, and otherwise, measures to protect Personal Information collected on our Website and elsewhere from being subject to accidental or unlawful destruction, accidental loss or alteration, disclosure without authorization, and any other unlawful actions taken against otherwise protected information. Moreover, we take all judicious legal, technical, and organizational measures to ensure that all Personal Information is handled with a sufficient level of security. Furthermore, we take all reasonable measures to protect Personal Information during transfers of said information to a third party.

Despite the security measures taken, we cannot guarantee the protection of the data you provide us. By using our Website and Services, you acknowledge that there are data security and privacy limitations inherent to the use of the Internet, and that the security, integrity, and privacy of any and all information exchanged between you and Akerna, or between you and other related entities, cannot be guaranteed. We cannot ensure or warrant the security of any information you transmit to us or that we store, and you do so at your own risk.

Rights of California Residents

If you are a California user, you have certain rights with respect to the collection, use, transfer, and processing of your Personal Information, as defined by the California Consumer Privacy Act (“CCPA”). We reserve the right to limit these rights where permitted under applicable law, including where your identity cannot be reasonably verified or to the extent your rights adversely affect the rights and freedoms of others. To exercise any of the rights below, please contact us via the contact information below. Only you or a person registered with the California Secretary of State that you authorize to act on your behalf may make a verifiable consumer request related to your Personal Information.

Categories of Personal Information Collected From California Residents
In the previous 12 months, we have collected the following categories of Personal Information from California residents:

The above examples are illustrative examples from the CCPA and do not reflect the specific pieces of information we collect, unless indicated as such.

Personal Information does not include certain statutory exceptions, including but not limited to information covered by the Gramm-Leach-Bliley Act.

In the preceding 12 months, we have not sold Personal Information of California residents, or residents of the European Union.
In the preceding 12 months, we have not sold Personal Information about minors under 16 years of age.

Categories of Sources

We collect Personal Information relating to California Residents from the following sources:

• Information Provided Directly By You: Information that you provide to Akerna in order to use certain parts of our Website, to allow us to fulfill your requests, or to allow us to provide you with certain Services. Additionally, we collect any information you choose to share with us, including information you provide when you contact us with questions or request information.
• Information Provided by Third Parties: We obtain certain kinds of information about you from third parties to better provide Services to you. For example, we obtain anonymous information, such as user activity, demographic information, and general location from Google Analytics. We may also receive Personal Information from third parties, such as employment search companies and/or social media outlets.
• Information Gathered Through the Use of Our Services and Website: We collect certain information from you through your use of our Services, such as Usage Data. For instance, in using our Websites, we may collect information about the device you use. We may collect IP address and other generic information about how you use our Websites or other Services (for example, aggregate metrics on how often certain pages on our Websites are accessed and viewed). We also may collect information through the use of cookies or other technologies.

Business or Commercial Purposes for Which Personal Information Is Collected from California Residents

Your Personal Information is used for the following purposes:

• To present our Website and its contents in a suitable and effective manner for you and for your device;
• To provide you with information, products, or Services that you request from us;
• To advertise products and Services that we think may be of interest to you;
• To establish and manage accounts, including by collecting and processing payments and completing transactions;
• To provide our e-mail services;
• To provide customer support, troubleshoot issues, manage accounts, and respond to requests, questions, and comments;
• To carry out our obligations and enforce our rights arising from any contracts entered into between you and us;
• To notify you about any additions, upgrades, or changes in our Services;
• To administer a contest, promotion, survey or other site feature;
• To help law enforcement to prosecute individuals responsible for malicious, deceptive, fraudulent, or illegal activity involving Akerna, our Services, and/or our customers;
• To assist with fraud prevention, improving the security of our networks, and reporting suspected criminal activity to law enforcement; and
• To comply with applicable laws, in response to a lawful and enforceable request by a law enforcement, judicial, or other public authority, or in connection with an applicable legal obligation.

Third Parties with Whom Personal Information Is Shared

Akerna shares your Personal Information with analytics and service providers, benefits providers, transaction processors, and law enforcement (pursuant to subpoena).

In the preceding 12 months, we have disclosed Personal Information about California consumers for the following business purposes:

• We have shared your Personal Information with third-party service providers who complete transactions or perform services on our behalf or for your benefit, such as for payment processing, marketing, analytics or to verify customer data, such as mailing addresses.
• We have shared your Personal Information as part of corporate business transactions, such as a mergers, acquisitions, joint ventures, or financing or sale of company assets, and information is transferred to a third party as one of the business assets in such a transaction.

Individual Rights Afforded to California Residents

California residents are afforded certain rights related to their information under state law. We aim to take reasonable steps to allow California residents to correct, amend, delete or limit the use of their Personal Information, and exercise other rights available under applicable law. Akerna informs you that, where applicable under relevant law, individuals may be entitled to the following:

• Right to Know about Personal Information Collected, Disclosed, or Sold: You have the right to request that Akerna disclose the Personal Information it collects, uses and discloses about you to third parties. This information will be provided to you free of charge, unless Akerna determines that your request is manifestly unfounded or excessive. You may request this information twice in a 12-month period. Specifically, upon receipt of a verifiable request, Akerna will provide:
  • The specific pieces of your Personal Information Akerna holds;
  • The categories of Personal Information collected about you;
  • The categories of sources from which Personal Information is collected;
  • The categories of your personal information sold to third parties, or disclosed to third parties for business purposes;
  • The categories of third parties with whom Akerna shares, sells, or discloses Personal Information for a business purpose.
  • The business or commercial purpose for collecting or selling Personal Information; and
  • The categories of Personal Information that has been sold by Akerna within the last 12 months.
• There are certain exceptions to a consumer’s right to Know, including exceptions relating to employment information and information covered by the Health Insurance Portability and Accountability Act (“HIPAA”). Akerna will state in its response if an exception applies.
• Right to Request Deletion of Personal Information: You have the right to request the deletion of your Personal Information collected by Akerna, upon receipt of a verifiable request. There are certain exceptions to a consumer’s right to Delete, including exceptions relating to employment information and information covered by the Health Insurance Portability and Accountability Act (“HIPAA”). Akerna will state in its response if an exception applies.
• Right to Opt-Out of the Sale of Personal Information: The right to opt-out of the sale of your Personal Information under certain circumstances. As noted elsewhere, however, Akerna does not sell Personal Information of California residents at this time. In the event that Akerna intends to sell any Personal Information of California residents, it will update this Privacy Notice before selling such Personal Information
• Right to Non-Discrimination: The right not to receive discriminatory treatment by Akerna for the exercise of the privacy rights conferred by the California Consumer Privacy Act (“CCPA”).

Please contact us at the information in “Contact Us” Section below in relation to exercising these rights. Note that we may ask you to verify your identity before responding to such requests.

California Privacy Rights Regarding Direct Marketing Information

California residents have the right to request information from a company regarding the manner in which it shares certain categories of Personal Information with third parties for their direct marketing purposes, in addition to the rights set forth above.

Under California law, you have the right to send us a request at the designated address listed below in the “Contact Us” section to receive the following information free of charge:

• The categories of information we disclosed to third parties for their direct marketing purposes during the immediately preceding calendar year;
• The names and addresses of the third parties that received the information; and
• If the nature of the third party’s business cannot be determined from their name, examples of the products or services marketed.

To make such a request, please provide sufficient information for us to determine if this applies to you, and attest to the fact that you are a California resident. Please also provide a current California address for our response. You may make this request in writing to us at the below address. Any such request must include “California Privacy Rights Direct Marketing Information Request” in the first line of the description, and include your name, street address, city, state and ZIP code. Please note that we are only required to respond to one request per customer each year, and we are not required to respond to requests made by means other than through the address provided for this purpose below.

Note that responsive information may be provided in a standardized format that is not specific to you.

Submitting a Verifiable Request to Akerna

As mentioned above, California residents have the right to request that we disclose certain information to you about our collection and use of your Personal Information over the past twelve (12) months. Akerna will respond to an individual’s “verifiable request” to exercise his or her rights under such laws – that is, where we have received a request purporting to be from a particular individual, and we have been able to verify the individual’s identity. The need to verify an individual’s identity is critical to protecting your information, and ensuring that your information is not shared with anyone pretending to be you or someone who is not authorized to act as your agent on your behalf.

You may submit a verifiable request by calling us toll free at (888) 932-6537, via e-mail at info@akerna.com, or by mail at: Akerna, Inc. Attn: Legal Privacy Request 1630 Welton Street, 4th Floor, Denver, Colorado 80202.

If you have an online account with Akerna, we will verify your identity through existing authentication practices. However, making a verifiable request does not require you to create an account with us. Akerna must verify that the person requesting information or deletion is the California consumer about whom the request relates in order to process the request. To that end, we may ask you to provide up to three pieces of Personal Information about yourself when you make a request to compare against our records. This information may include your name, your address, your account information, and any other information deemed necessary by Akerna to reasonably verify your identity, to ensure that your information is not shared with anyone impersonating you. We may also request that you sign a declaration under the penalty of perjury from the consumer whose Personal Information is the subject of the request.

We will only use Personal Information provided in your request to verify your identity and will delete any information you provide after processing the request. Akerna reserves the right to take additional steps as necessary to verify the identity of California consumers where we have reason to believe a request is fraudulent.

Authorized Agents

Under California law, a consumer can appoint an “authorized agent” to make certain verifiable requests upon their behalf, such as the right to know what information we collect about the consumer or to request deletion of the consumer’s information. Because the security and privacy of your information is paramount, we will ask that you identify and provide permission in writing for such persons to act as your authorized agent and exercise your applicable rights under California law in such situations. This may require us to contact you directly and alert you that an individual has claimed to be your agent and is attempting to access or delete your information. We will also independently verify your identity to ensure that an unauthorized person is not attempting to impersonate you and exercise your rights without authorization. We will not share your information or honor any other requests in those situations where you cannot or do not grant permission in writing for an identified authorized agent to act on your behalf, or where we cannot independently verify your identity.

Third-Party Web Sites

Our Privacy Notice is designed to advise you about how we collect, use, protect, and disclose the information that we collect and/or receive about you. However, our Website may also contain links that lead to websites neither owned nor operated by us. As such, this Privacy Notice does not govern the practices of third parties, including partners, third-party service providers, and/or advertisers, even when those services are provided on our behalf or in partnership with us. Information gathered about you by others are governed by those distinct entities’ privacy policies. Therefore, we strongly recommend that you review the Privacy Notice of every website you visit. We exercise no control over and assume no responsibility for the content, privacy policies or practices of any third-party site or services.

Children’s Privacy

All of our Services, including our Website, are intended for adult audiences, and are not meant to address anyone under the age of 18 (“Children”). As such, Children under 18 may not use our Website. If you are under 18, do not attempt to register for or use any of our services, including our Website, and do not provide us any Personal Information about yourself.

We do not knowingly collect Personal Information from anyone under the age of 18. If you are a parent or guardian and you are aware that your child has violated this Privacy Notice and provided us with Personal Information, please contact us. If we become aware that we have collected Personal Information from children without verification of parental consent, we will take steps to remove that information from our servers.

Updates to this Privacy Notice

From time to time, Akerna may modify this Privacy Notice. We will notify you of any material changes to its Privacy Notice by posting those changes on this page and updating the Privacy Notice modification date above. We encourage you periodically to check back to this page for any updates.

How to Contact Us

If you have questions about this Privacy Notice, the practices of this site or your dealings with this site, please contact Akerna:

• By email: info@akerna.com
• By mail: Akerna, Inc. Attn: Legal Privacy Request 1630 Welton Street, 4th Floor, Denver, Colorado 80202
• By phone: (888) 932-6537

Difficulty Accessing Our Privacy Notice?

Individuals with disabilities who are unable to usefully access our Privacy Notice online may contact us at the above-listed contact information to inquire how they can obtain a copy of our policy in another, more easily readable format.