Privacy Notice

Introduction

HET, Inc. d/b/a MODERN (“HET”, “MODERN”, “We”, “Us” or “Our”) is committed to helping you understand how we manage and protect personal information.

This privacy notice (“Privacy Notice”) is provided to inform you of our policies and practices and of the choices you can make about the way your personal information is collected, shared, and processed.

If you have questions or concerns regarding this policy, please contact us at privacy@modernis.com.

The Organization Collecting Information at This Website
MODERN (collectively, the “Service”) is a web-based software application connecting a client’s service department to their customers via text or email with real-time updates on the service status throughout the service event process. The MODERN platform also handles aspects of repair order management in a client’s service department and can be integrated with other automotive repair management systems.

Our products and services include MODERN. We operate and own the websites (the “Sites”) located at:

https://modernis.com
https://service.modernis.com
https://fleet.modernis.com
https://mds.im

Service Usage Information
Personal information is any information about a specific individual or that identifies or may identify a specific individual. In other words, it is any piece of information than can be linked to you. Personal information can be information provided to MODERN by a client about the client’s employees or the client’s customers, collected by MODERN via use of the Service, or collected by Modern via using or visiting a Site. Examples of personal information include name, address, phone number, and email address.

Registration Information
Registration for the Service may not be required to simply view a Site, in which case you would be a visitor to the Site. If you elect to register for a Service, MODERN asks you for information that enables us to provide the Service. You will be registering with MODERN on the form provided and such registration may require you to provide contact information such as your name, username, password, phone number and email address.

The Information We Collect and Use
We refer to the above products and services, as well as any of our other current or future products and services, collectively as the “Service.” Any information provided to us through the Service will be retained and used solely for the purposes of fulfilling your request for information, fulfilling a request through a Site or Service feature, performing and carrying out the Terms of the Service, performing or

improving our Service, developing a new Service, or communicating with you as a user of MODERN Services.

Examples of how your information may be used (but not limited to) include the delivery of marketing communications or promotional materials, improvements to the website, products, and services we provide, and detecting, preventing, and responding to misuse of the website (i.e., fraud, violation of law, etc.).

We may share personal information with our affiliated companies, suppliers, dealers, and business partners which may use it for the purposes listed above.

Information you provide may be cross referenced with other information you have provided to us. For example, if you provide your contact information we may be able to provide additional information on products you own and services you use.

MODERN may directly authenticate or connect a user to an authenticated (or logged in) experience based on the user’s digital activity or data inputted by the user. An authenticated experience occurs when a set of log-in credentials are obtained from the users and will allow for additional access and experiences not allotted to non-authenticated users. In these circumstances an anonymous user is not acceptable or allowed. In an authenticated experience we collect the information discussed in the section above which will now be tied to an authenticated account profile and additional information associated with the account profile. In the event the user provides personal information on behalf of another individual the user should ensure proper consent is obtained from the individual.

Some additional personal information we may collect includes personal preferences and authenticated account information.

• Personal Preferences allows us to provide an experience adjusted to the way you prefer to ingest content.
• Authenticated Account Information is an identity profile which is requested or created by the user and collected to ensure you are an authorized user

Aggregate Information
From time to time, we may collect general, non-identifiable personal, statistical information about the use of the Sites and the Service, such as how many visitors visit a specific page on the Sites, how long they stay on that page, and which hyperlinks, if any, they “click” on. We collect this information through the use of technologies such as “cookies” and “IP addresses”, which are discussed in greater detail below. We may also group this information into aggregate visitor data in order to describe the use of the Sites and Service to our existing or potential business partners or other third parties (such as Google Analytics, or in response to a government request). This aggregate data will in no way personally identify you, other list members or any other visitors to the Sites.

We may store your personal information along with your files and data on a third party server such as Amazon Web Services; or we may use a third party analytics tool to learn how you are using our Sites.

In cases where you use a mobile device to access our Sites, we may receive information about the location of your device. In some cases, even if you are not using a mobile device, information about your general location may be discernible from your device’s IP address or the URLs we receive.

Cookies and Other Tracking Technologies
Technologies such as cookies, beacons, tags and scripts are used by MODERN and our marketing partners, affiliates, or analytics or service providers. These technologies are used in analyzing trends, administering the site, tracking users’ movements around the site and to gather demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual as well as aggregated basis.

We use cookies to remember users’ settings (e.g. language preference), tracking for marketing purposes, and for authentication. Users can control the use of cookies at the individual browser level. If you reject cookies, you may still use our site, but your ability to use some features or areas of our site may be limited.

We may link to third party solutions that enable third-party companies to collect certain information when you visit this Site. These companies use non-personally-identifiable information (e.g., click stream information, browser type, time and date, subject of advertisements clicked or scrolled over, hardware/software information, cookie and session ID) and information that may allow for identifying you (e.g., static IP address) during your visits to this Site and other websites in order to provide advertisements for products likely to be of greater interest to you or advertising-related services, such as ad delivery, reporting, attribution, analytics, and market research. These third parties typically use a cookie, pixel tag, web beacon or other similar tracking technologies to collect this information. For example, in the course of visiting our site, these third parties may place or recognize a unique cookie on your browser in order to collect certain information about you and your interest in our Products and could be used to show you ads on other websites based on your interests. This information may also be used to relate devices which belong to the same user (based on user behavior or other information collected) or re-identified to an individual user (e.g. an email address). More information on these is available in our Cookie Disclosure. This includes:

• Google’s Google Analytics – Google Analytics is a third party analytics service. We use Google Analytics to collect information about the use of this Site. Google Analytics collects information on visitor behavior on this Site such as how often users visit this Site, what pages they view when they do so, and what other websites they used prior to coming to this Site. We use the information we get from Google Analytics to analyze user behavior, improve Site performance, personalize the user experience, and analyze the effectiveness of our marketing campaigns. Google Analytics collects only the IP address assigned to you on the date you visit this site, rather than your name or other identifying information. Google Analytics anonymizes the IP address before it is stored. We do not receive the non-anonymized IP address. We may combine the Google Analytics data with first and third-party data information which may include personally identifiable information. Although Google Analytics plants a permanent cookie on your web browser to identify you as a unique user the next time you visit this site, the cookie cannot be used by anyone but Google. To learn more about how Google collects and uses data, visit https://policies.google.com/privacy/partners. For opt-out options specific to Google Analytics, please visit https://tools.google.com/dlpage/gaoptout.

To learn more about MODERN’s usage of cookies please refer to the cookie notice by visiting Cookies – Modern (modernis.com) or by selecting “Cookies” on the website or application website.

Log Files
As is true of most websites, we gather certain information automatically and store it in log files. This information may include internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and/or clickstream data. We do not link this automatically collected data to other information we collect about you.

Mobile Analytics
We use mobile analytics software to allow us to better understand the functionality of our mobile software on your phone. This software may record information such as how often you use the application, the events that occur within the application, aggregated usage, performance data, and where the application was downloaded from. We do not link this information we store within the analytics software to any personal information you submit within the mobile application.

Profile
We do not share your personal identifiable profile with unapproved third parties. We undertake to ensure that your personal information is kept strictly confidential and is not disclosed to third parties without your permission. Details will be used only by our staff and/or approved agents to support the necessary terms and conditions for use of service such as service providers under contract who help with our business operations and technology services. Our contracts dictate that these service providers only use your information in connection with the services they perform for us and not for their own benefit.

Retention of Personal Information
We will retain your personal information no longer than necessary to fulfill the business purposes outlined in this Privacy Notice unless a longer retention period applicable by law. We will make good faith efforts to delete the data if you contact us by following the instructions at the beginning and at the end of this Privacy Notice, provided MODERN is not required to retain it by law or for legitimate business purposes. If you wish to cancel your account or request that we no longer use your information to provide you services contact us by emailing us at privacy@modernis.com.

Information Sharing and Disclosure
Except for the limited situations listed here in this Privacy Notice, we will not share your personal information with third parties. To the extent we are legally permitted to do so, we will take reasonable steps to notify you in the event that we are required to provide your personal information to third parties as part of legal process. MODERN discloses information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on MODERN behalf or to provide services available at MODERN website, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using MODERN, you consent to the transfer of such information to them.

Agents and Third Party Service Providers
To provide the Service to you, we may sometimes use other approved third party businesses or affiliates to perform certain specialized services such as data processing or other technology services. We may receive information about you from other sources like telephone or fax, from friends who refer you to us, or otherwise. We may add this information to the information we have already collected from you via our app in order to improve the services we provide. Your information collected through the

MODERN Service may be stored and processed in the United States or any other country in which MODERN, approved third party businesses, its affiliates or service providers maintain facilities. MODERN may transfer information that we collect about you, including Personal Data, to affiliated entities, to a mapping service provider to provide a map of your location, or to other third parties across borders and from your country or jurisdiction to other countries or jurisdictions around the world. They are not permitted to retain or use your information for any other purposes other than what is defined as the service in our Terms of Use and this privacy policy. If you are located in the European Union, Switzerland 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 Data, 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 MODERN or its parent, subsidiaries, affiliates or service providers maintain facilities and the use and disclosure of information about you as described in this Privacy Notice.

Change of Control / Asset Transfer
As the Company develops, we may buy other businesses or their assets or sell all or parts of our business assets. Customer information is generally one of the business assets involved in such transactions. Thus, in the event that the assets of the Company in whole or in parts are acquired by a third-party, customer information, including any visitor information collected through the Site or the Service, would be one of the transferred assets. In the event of a corporate change in control or sale of all or parts of our business assets our users will be notified in accordance with the “Changes to this Policy” section of the policy if their personal information is provided to the new corporate entity or asset purchaser.

Legal Compliance
As we stated, MODERN values our relationships with our users and are committed to respecting and protecting your usage information. MODERN may however disclose a users’ usage information for legal or regulatory reasons, including in response to subpoenas and court orders. MODERN may also use usage information to investigate fraud and to prevent violation of our Terms of Service and unlawful use of our network and services.

MODERN also reserves the right to disclose user information in special cases when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) MODERN rights or property, other users or visitors, or anyone else that could be harmed by such activities. MODERN also reserves the right to disclose user or visitor information when we believe in good faith that the law requires it.

Communications from the Site

Service Email
We may send you service-related announcements, which are not promotional in nature, on occasions when it is necessary to do so. For example, if our service is temporarily suspended for maintenance, we may send you email notification. You do not have an option to opt out of these emails.

Customer Service
Based upon the information you provide us, we may communicate with you in response to your inquiries, to provide the services you request, and to manage your account. We may communicate with you by email or telephone.

Newsletters and Promotions
We may provide you the opportunity to opt-in to additional newsletters or promotional communications sent by email. If you have opted in or otherwise qualify to receive these forms of communication, we will use your name and email address to communicate with you. Out of respect for your privacy, we provide you a way to unsubscribe by following the instructions included in each communication.

Push Notifications
We may occasionally send you push notifications through our consumer applications to send you application updates and other service related notifications that may be of importance to you. You may at any time opt-out from receiving these types of communications by turning them off in the device settings.

Security and Information Protection
The security of your information is important to us. We follow generally accepted industry standards to protect the information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security. If you have any questions about security on our website, you can contact us by emailing us at privacy@modernis.com.

Correcting, Updating or Removing Your Personal Information
MODERN will make commercially reasonable efforts to provide you reasonable access to any of your personal information we maintain within 30 days of your access request. We provide this access so you can review it, make corrections or request deletion of your data. If we cannot honor your request within the 30-day period, we will tell you when we will provide access. In the unlikely event that we cannot provide you access to this information, we will explain why we cannot do so. To review and update your personal information to ensure it is accurate, you can contact us by emailing us at privacy@modernis.com and making the change on our member information page.

Links to Other Sites
As users and visitors explore MODERN they may encounter linkages to other websites. Users are advised that as links are selected they may encounter different features and experiences that may have different privacy notices and processes not associated with MODERN.

Testimonials
We display personal testimonials of satisfied customers on our website in addition to other endorsements. With your consent we may post your testimonial along with your name. If you wish to update or delete your testimonial, you can contact us by emailing us at privacy@modernis.com.

Information Related to Data Collected through the MODERN service

Information Related to Data Collected for our Clients
MODERN collects information under the direction of its Clients, and has no direct relationship with the individuals whose personal data it processes. If you are a customer of one of our Clients and would no longer like to be contacted by one of our Clients that use our service, please contact the Client that you interact with directly. We may transfer personal information to companies that help us provide our service. Transfers to subsequent third parties are covered by the service agreements with our Clients.

Access and Retention of Data Controlled by our Clients
MODERN has no direct relationship with the individuals whose personal data it processes. An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data should direct his query to the MODERN Client (the data controller). If requested to remove data we will respond within 30 days. We will retain personal data we process on behalf of our Clients for as long as needed to provide services to our Client. MODERN will retain this personal information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

Changes to This Policy
We reserve the right to amend this privacy notice. If we update or change this privacy notice, the changes will be made on this page. Your use of the Website following the posting of changes to this privacy notice will demonstrate your acceptance of those changes.

More Information or Assistance
You can contact us by emailing us at privacy@modernis.com.