Welcome to vagon, the website of vagon, Inc. (“vagon” “we,” or “us”). Our Privacy Policy explains how we collect, use, disclose, and protect information that applies to the vagon Services, and your choices about the collection and use of your information.

vagon is an online service that enables Cloud based computer usage and server space allocation through online systems via Applications (the “vagon Services”). This privacy statement is intended to provide information about how all Personal Information is collected, used, disclosed, processed and protected by vagon.

1. HOW WE COLLECT AND USE INFORMATION

Capitalized terms that are not defined in this Privacy Policy have the meaning given them in our vagon Terms of Service.

We collect the following types of information about you:

1.1. Information you provide us directly: We may ask for certain information such as your username, first and last name, company name, phone number and e-mail address when you register for a vagon account, or if you correspond with us. We may also retain any messages you send through the vagon Services, and may collect information you provide in User Content you post to the vagon Services. We use this information to operate, maintain, and provide to you the features and functionality of the vagon Services.

1.2. User Content: We may also collect information regarding including but not limited to visual and auditory content, coding and data created or provided by the User that kept inside the Workstation (“User Content”). However, we do not have any access to your User Content and do not let any third parties have access to your User Content unless we are legally required to share your information as mentioned below in the Article 2.2. We may also access your User Content upon your explicit written consent.

1.3. Analytics information: We may directly collect analytics data, or use third-party analytics tools, to help us measure traffic and usage trends for the vagon Services. These tools collect information sent by your browser, including the pages you visit and other information that assists us in improving the vagon Services. We collect and use this analytics information in aggregate form such that it cannot reasonably be manipulated to identify any particular individual user.

1.4. Cookies information: When you visit the vagon Services, we may send one or more cookies — a small text file containing a string of alphanumeric characters — to your computer that uniquely identifies your browser and lets vagon help you log in faster and enhance your navigation through the site. A cookie may also convey information to us about how you use the vagon Services (e.g., the pages you view, the links you click and other actions you take on the vagon Services), and allow us or our business partners to track your usage of the vagon Services over time. A persistent cookie remains on your hard drive after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the site. Persistent cookies can be removed by following your web browser’s directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, some features of the vagon Services may not function properly if the ability to accept cookies is disabled.

1.5. Log file information: Log file information is automatically reported by your browser each time you access the vagon Services. When you use our vagon Services, our servers automatically record certain log file information. These server logs may include anonymous information such as your web request, Internet Protocol (“IP”) address, browser type, referring / exit pages and URLs, number of clicks and how you interact with links on the vagon Services, domain names, landing pages, pages viewed, and other such information. Your log file information can be used as a legal evidence to prove whether your privacy rights on your User Content were violated.

1.6. Clear gifs/web beacons information: When you use the vagon Services, we may employ clear gifs (also known as web beacons) which are used to anonymously track the online usage patterns of our Users. In addition, we may also use clear gifs in HTML-based emails sent to our users to track which emails are opened and which links are clicked by recipients. The information allows for more accurate reporting and improvement of the vagon Services.

1.7. Commercial and marketing communications: We use the information we collect or receive to communicate directly with you. We may send you emails containing newsletters, promotions and special offers. If you do not want to receive such email messages, you will be given the option to opt out or change your preferences. We also use your information to send you vagon Services-related emails (e.g., account verification, purchase and billing confirmations and reminders, changes/updates to features of the vagon Services, technical and security notices). You may not opt out of vagon Services-related e-mails.

1.8. Use of certain service type information we collect about you: We use or may use cookies, log file, device identifiers, location data and clear gifs information to: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the site; (b) provide custom, personalized content and information; (c) to provide and monitor the effectiveness of our vagon Services; (d) monitor aggregate metrics such as total number of visitors, traffic, and demographic patterns; (e) diagnose or fix technology problems; and (f) help you efficiently access your information after you sign in.

DISCLAIMER: VAGON PROVIDES A CLOUD BASED SERVICE THROUGH WHICH YOU MAY ENTER INTO OR USE THIRD PARTY WEBSITES, SOFTWARE AND ETC. SERVICES. FOR EXAMPLE, IT IS POSSIBLE FOR YOU TO LOG INTO YOUR SOCIAL MEDIA ACCOUNTS, E-MAIL ACCOUNTS AND EVEN BANK ACCOUNTS OVER THE VAGON SERVICES. PLEASE NOTE THAT VAGON HAS NO CONTROL OVER, NOR ANY LIABILITY WHATSOEVER FOR ANY PERSONAL DATA THAT YOU PROVIDE TO THIRD PARTIES WHILE USING VAGON SERVICES. PLEASE REFER TO THE PRIVACY POLICIES OF THE THIRD PARTIES ENGAGED THROUGH VAGON SERVICES FOR MORE INFORMATION.

2. PURPOSE OF COLLECTION AND PROCESSING

As stated in more detail in our Terms of Service, vagon does not use any identifiable processed data for purposes not stipulated in any legal document of vagon. In order for a personal data to be processed, it is only necessary for vagon to serve to the relevant person. Below is a set of descriptions of the methods through which we plan to use your personal data. vagon is an online service that enables Cloud based computer usage and facilitates a server space. We can provide you an area which can be used for your business. In addition to this, vagon does not access to your own data that you assign in the space allocated to you. We also ensure that nobody will access to your files through the logging system that we use. Our system can detect in cases of unauthorized logging attempt to your account. The purpose of collection and processing is to:

• administer our courses or events

• to improve and develop our Platform and conduct product development

• communicate with you

• to help us collect information of abuse, fraud, and illegal activity on vagon Services

• to enforce our terms, conditions, and policies

• manage, administer and promote opportunities

• comply with a legal or regulatory obligations.

• manage our websites and social media accounts

Please do not forget to consider that your personal data may be processed for more than one lawful ground depending on the specific purpose for which they are being used. If you need answers about the specific legal grounds, please do not hesitate to send an email to us via privacy@vagon.io

3. SHARING YOUR INFORMATION

We will not rent or sell your information to third parties outside vagon and its group companies (including any parent, subsidiaries and affiliates) without your consent, except as noted below:

3.1. Who we may share your information with: We may share your information with third-party business partners for the purpose of providing the vagon Services to you. Those business partners will be given limited access to your information as is reasonably necessary to deliver the vagon Services, and we will require that such third parties comply with this Privacy Policy.

What happens in the event of a change of control: “Change of Control” means a transaction or series of related transactions in which a person, or a group of related persons, acquires from stockholders of the Company shares representing more than fifty percent (50%) of the outstanding voting power of the Company. In case of a change of control the Company will continue to be bound by this Privacy Policy or an updated version thereof.

3.2. Instances where we are required to share your information: vagon will disclose your information where required to do so by law or subpoena or if we reasonably believe that such action is necessary to

(a) comply with the law and the reasonable requests of law enforcement;

(b) to enforce our vagon Terms of Service or to protect the security or integrity of our vagon Services; and/or

(c) to exercise or protect the rights, property, or personal safety of vagon, our Users or others.

3.3. Sharing certain service type information we collect about you: We may share certain service type information, including information obtained through tools such as cookies, log files, and clear gifs (such as anonymous usage data, referring/exit pages and URLs, platform types, number of clicks, etc.):

(i) with our third-party business partners for the purposes described in the section above on “Purpose of Collection and Processing”. We may also aggregate or otherwise strip data of all personally identifying characteristics and may share that aggregated, anonymized data with third parties

4. HOW WE STORE AND PROTECT YOUR INFORMATION

4.1. Storage and Processing: Your information collected through the vagon Services may be stored and processed in the United States or any other country in which vagon or its subsidiaries, affiliates or service providers maintain facilities. vagon may transfer information that we collect about you, including personal information, to affiliated entities, or to other third parties across borders and from your country or jurisdiction to other countries or jurisdictions around the world. 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 we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction, and you consent to the transfer of information to the U.S. or any other country in which vagon or its parent, subsidiaries, affiliates or service providers maintain facilities and the use and disclosure of information about you as described in this Privacy Policy. For the avoidance of doubt, vagon will take all the reasonable precautions prescribed by the applicable legislation in order to ensure the security and privacy of the data shared with such entities.

4.2. Keeping your information safe: vagon cares about the security of your information, and uses commercially reasonable safeguards to preserve the integrity and security of all information collected through the vagon Services. To protect your privacy and security, we take reasonable steps (such as requesting a unique password) to verify your identity before granting you access to your account. You are responsible for maintaining the secrecy of your unique password and account information, and for controlling access to your email communications from vagon, at all times. However, vagon cannot ensure or warrant the security of any information you transmit to vagon or guarantee that information on the vagon Services may not be accessed, disclosed, altered, or destroyed. Your privacy settings may also be affected by changes to the functionality of third party sites and services that you add to the vagon Services, such as social networks. vagon is not responsible for the functionality or security measures of any third party. For more information on the security of your data while using third party websites and services, please refer to the Privacy Policy and other relevant documentation of the third party website and service in use.

4.3. Compromise of information: In the event that any information under our control is compromised as a result of a breach of security, vagon will take reasonable steps to investigate the situation and where appropriate, notify those individuals whose information may have been compromised and take other steps, in accordance with any applicable laws and regulations.

5. YOUR RIGHTS AND PREFERENCES ABOUT YOUR INFORMATION

You may have heard about the General Data Protection Regulation (“GDPR”) in European Union.

You may have heard of the law that adopted this regulation in 2016 which aims to secure your personal data. The law called “GDPR” gives you certain rights regarding your personal data. vagon recognizes and will comply with GDPR and the rights associated with the GDPR, except as limited by the applicable law. You have the following rights:

5.1. Request access regarding your personal data. You are entitled to receive an explanation about the processing, storage, sharing, storage, security of your personal data. You may obtain information concerning how your personal data is processed.

5.2. Request correction of the personal data that we keep. You are entitled to request correction of your personal information that are incomplete or inaccurate.

5.3. Request erasure of your personal data. You are entitled to request the deletion or removal of your personal data when there is no good reason for us to continue processing it (also known as the “Right to be forgotten”). This right allows you to request the deletion of your personal data in certain limitations under the applicable law.

5.4. Right to Complain. You have the right to make a complaint at any time to the appropriate supervisory authority for data protection issues. Hence we kindly request that you contact us first and give us the chance to deal with your concerns before you apply to the supervisory authority. We will endeavor to deal with your request as soon as possible.

5.5. Request restriction of processing of your personal data. You are entitled to request restriction or suspension on the use or process of your personal information.

5.6. Right to Object. You are entitled to object the process and use of your personal data in certain circumstances. However, vagon reserves the right to not comply with such requests in case (i) vagon has compelling legitimate grounds for processing the personal data which override the interests, rights and freedoms of the data owner, or (ii) it is necessary for the establishment, exercise or defense of legal claims.

5.7. Request the transfer of your personal data to you or to a third party. You are entitled to receive the personal information we have about you and to transfer it to any third party.

5.8. Right to not become subject of Automated Decision-Making. You are entitled to object and prevent decision and execution that could have a legal, in all probability that effect on you from being made solely based on automated processes. You are entitled to request not to be subject to a decision solely based on automated processing, including profiling which may produce legal effects about you or similarly significantly affects you. However, vagon reserves the right to disregard such request in case (i) it is necessary for entering into, or performance of, a contract between the data owner and a data controller, or (ii) vagon is authorized by the relevant country to which the Data Controller is subject to and which lays down suitable measures to safeguard the data owner’s rights and freedoms and legitimate interests; or (iii) is based on the data owner’s explicit consent.

You have the right to withdraw your consent about your processed data. However, this will not affect the lawfulness of any processing carried out before your withdrawal. If you withdraw your consent, we may not be able to provide certain products or services which require the collection, use, process of and other activities related to the Personal Data. Many of these rights can be exercised by signing in into the system and directly updating your account information. These rights can only be implemented if you use the Services and your personal data is processed. Please be aware that some of these rights may be unusable in certain circumstances as stipulated in GDPR or any applicable law. If you have questions or concerns about statements, policy or rights herein please do not hesitate to contact us at privacy@vagon.io

You also have certain preference options while using vagon Services. These are:

A. Control your account information and settings: You may update your account information and email-communication preferences at any time by logging into your account and changing your profile settings. You can also stop receiving promotional email communications from us by clicking on the “unsubscribe link” provided in such communications. We make every effort to promptly process all unsubscribe requests. As noted above, you may not opt out of vagon Services-related communications (e.g., account verification, purchase and billing confirmations and reminders, changes/updates to features of the vagon Services, technical and security notices). If you have any questions about reviewing or modifying your account information, you can contact us directly at privacy@vagon.io.

B. Opting out of collection of your information for Tracking: Please refer to your browser’s technical information for instructions on how to delete and disable cookies, and other tracking/recording tools. Note that disabling cookies and/or other tracking tools prevents vagon or its business partners from tracking your browser’s activities in relation to the vagon Services. However, doing so may disable many of the features available through the vagon Services. If you have any questions about opting out of the collection of cookies and other tracking/recording tools, you can contact us directly at info@vagon.io.

6. PERSONAL DATA IN EU

The purpose of this section is to inform you about how your Personal Data are processed in and transferred in and out of EU.

For the purposes of applicable EU data protection and privacy laws, vagon, is considered as the Data Controller in respect of all EU Personal Information that it collects, uses and otherwise processes for its own purposes as set out in this Privacy Policy. We recommend our customers located in EU to read this Privacy Policy in full, and particularly this section, before you provide us with any Personal Information or browse our website, and to make sure that you will be in confidence and be comfortable with our privacy implementations. This is due to the fact that, when you accept this part of privacy provision or start using our services, you are accepted as agreed, declared and undertook that you have read and understood all of the articles herein, especially those prepared for European citizens and that you are willing to be bound by all provisions herein.

Please note that, for the purposes of EU data protection and privacy laws, ‘personally’ identifiable information collected will only concern Personal Information which does not belong to any legal entity. All statements in this Privacy Policy relating to Personal Information will therefore apply to Personal Data of Customer under EU laws.

7. SECURITY OF THE SERVICES

7.1 vagon will take technical and organizational security measures to keep user data safe. Security measures are aimed for (i) the protection of the user data, against any unauthorized access and (ii) to ensure that the Services function properly. However, in addition, the User shall take the necessary measures to ensure ultimate security of their workstations and user contents. In this context, the User accepts (i) that vagon cannot be responsible from all security breaches and (ii) that the User is responsible for all errors and their direct or indirect con-sequences that may occur in his / her software and operating systems upon visiting or using vagon’s Services.

7.2. vagon reserves the right to access the user data in the following cases. In these cases, Users will be notified of any access by vagon.

A. (i) As required by the law that will be applied to the Agreement or (ii) that the User is subject to or (iii) as requested by a court order.

B. To comply with the decision of a State body which the User or the Company is obliged to comply with,

C. Violation of the Agreement which may damage vagon.

7.3. Users shall take necessary measures to protect User Content and protect their vagon Services workstation against unauthorized access. Users shall notify the vagon immediately, in case of an unauthorized access to their Workstation or sufficiently suspected on a breach of the security and privacy of Users Content.

8. CHILDREN’S PRIVACY

vagon does not knowingly collect or solicit any information from anyone under the age of 13 or knowingly allow such persons to register as Users. vagon Services and its content are not directed at children under the age of 13. In the event that we learn that we have collected personal information from a child under age 13, we will delete that information as quickly as possible. If you believe that we might have any information from a child under 13, please contact us at privacy@vagon.io.

9. OUR COOKIES POLICY

9.1. Cookies are small pieces of text sent by your web browser by a website you visit. A cookie file is stored in your web browser and allows the Service or a third-party to recognize you and make your next visit easier and vagon Services more useful to you (“Cookies”). When you use and access the vagon Services, we may place a number of Cookies files in your web browser. We use Cookies to collect information. You can instruct your browser to refuse all Cookies or to indicate when a Cookie is being sent. Please note, however, that if you delete cookies or refuse to accept them, you might not be able to use all of the features we offer, you may not be able to store your preferences, and some of our pages might not display properly.

9.2. We use Cookies for the following purposes: to enable certain functions of vagon Services, to provide analytics, to store your preferences, to enable advertisements delivery, including behavioral advertising.

We use both session and persistent cookies on the Service. We may use essential Cookies to authenticate users and prevent fraudulent use of user accounts.

9.3. In addition to our own Cookies, we may also use various third-parties Cookies to report usage statistics of the Service, deliver advertisements on and through the vagon Services, and so on.

9.4. If you’d like to delete Cookies or instruct your web browser to delete or refuse Cookies, please visit the help pages of your web browser.

10. LINKS TO OTHER WEBSITES AND SERVICES

We are not responsible for the practices employed by websites or services linked to or from the vagon Services, including the information or content contained therein. Please remember that when you use a link to go from the vagon Services to another website, our Privacy Policy does not apply to third-party websites or services. Your browsing and interaction on any third-party website or service, including those that have a link on our website, are subject to that third party’s own rules and policies. In addition, you agree that we are not responsible for and we do not have control over any third-parties that you authorize to access your User Content. If you are using a third-party website or service and you allow such a third-party access to your User Content you do so at your own risk. This Privacy Policy does not apply to information we collect by other means (including offline) or from other sources other than through the vagon Services. Please see the DISCLAIMER under Article 1 “HOW WE COLLECT AND USE INFORMATION”.

11. STORAGE AND DELETION OF DATA

We keep your information as long as we serve you. Thus, we also respect your rights and obligations in the contract. When you cancel your account, all personal data processed or collected will be purged within commercially reasonable time. Where we do not need any information to provide the Services, we will retain it only for 30 days however, if we have a legitimate business purposes for keeping such data related to the provision of Services , we will retain it until such necessity ceases.

12. INFRINGEMENT OF IP RIGHTS OF THIRD PARTIES

vagon shall not be held liable for infringement of any copyrighted work uploaded on or created at Users’ Workstations. vagon does not have any access or authority on User Content. If third parties believe their IP rights are infringed by vagon Users they should contact them directly and assert their DMCA rights directly.

13. CONTACT US

If you have any questions about this Privacy Policy or the vagon Services, please contact us at privacy@vagon.io.

14. CHANGES TO OUR PRIVACY POLICY

The purpose of revisions is to update this Privacy Policy from time to time by vagon. When it is updated, the most recent update time will be shown at the top of the Privacy Policy. In case of a significant revision, customers will receive notification by email or through the service itself. All Personal Information we collect will be updated and revised on account of this Privacy Policy with taking into account the significant revisions. When we post changes to this policy, we will revise the “Last Updated” date at the top of this policy. We recommend that you check this page from time to time to be informed of any changes in this policy or any of our other policies.