The RepTrak Company Privacy Policy

This Privacy Policy (this “Policy”) applies to the Personal Data (as defined below) and other information collected while you are using or inquiring about products and services provided by Reputation Institute, Inc. d/b/a The RepTrak Company’s (“RepTrak”, “we”, “us”, or “our”). This Policy applies equally to all of our global parents, subsidiaries and affiliated companies (collectively, the “RepTrak Group”), and governs your interaction with RepTrak’s reputational analysis and related products and services, including, without limitation, our online, client-accessible platform (the “Platform”) and our website, www.reptrak.com (the “Website”) (collectively, the “Services“), as well as our general online and offline collection of information.

By accessing or using our Services, you agree that you have read, understand, and are bound by this Policy and our Terms of Use (the “Terms of Use”). IF YOU DO NOT AGREE TO BE BOUND BY THIS POLICY OR OUR TERMS OF USE, PLEASE DO NOT USE OR ACCESS OUR SERVICES.

This Policy explains, among other items: (1) What Personal Data and other information we collect; (2) How we use the Personal Data and other information; (3) How we share the Personal Data and other information; and (4) Your rights and choices regarding our use of your Personal Data and other information. It applies to visitors to our Website, the individuals that manage the business relationship with RepTrak and its clients, client’s authorized users of the Services, and individuals who interact directly with the Services or whose data we receive in connection with our provision of the Services to our clients.

Collection of Personal Data

Personal Data is information that identifies you or can be used to identify or contact you, e.g., your name, email address, mailing address, phone number, job title, or Internet Protocol (“IP”) address. We may need to collect and process Personal Data in order to provide requested information, provide Services to you, allow you to access the Services, and/or because we are legally required to do so. Personal Data may be collected directly from you, from your organization and/or from third parties, including public sources.

Personal Data may be requested from you as part of the Platform registration process. This information may be collected via the Platform or offline. The registration process may request that you provide your name, business email address, business mailing or billing address, and business phone number. We also may collect Personal Data when you subscribe to our newsletter(s), respond to a survey, inquire about our Services and/or contact us for customer service or technical support. Your Personal Data helps us to better respond to your interests and needs.

In some circumstances, RepTrak may receive and utilize Personal Data from your posts on social media platforms, which have their own privacy policies and terms of service applicable to your activities there. At this time, we neither store nor share any such social media content.

RepTrak may collect Personal Data voluntarily provided by you, including in emails, online forums, order and registration forms, surveys, promotion participation, teleconferencing, phone calls and online chats with customer service or technical support and through other means.

RepTrak collects information through various other means, including participation at conferences, tradeshows and events, individual introductions from companies or governmental entities that use our Services or ask us to conduct market research on their behalf, and from selected third-party business partners. From time to time, we may also acquire from third-parties certain lists containing Personal Data of individuals who may be interested in our Services or Website.

Use of Personal Data

In general, you can use and visit our Website without submitting any Personal Data. However, in order to utilize and access certain features on our Website and to access the Platform you will need to submit your Personal Data.

We use Personal Data for legitimate business purposes, including the following:

Delivery of Services and Fulfillment of Requests. We may use Personal Data about you to: (a) register you for the Platform or Services, activate and deliver Services to you or your organization, provide you with information about Services that were ordered, allow you to access the Platform and/or provide you with customer service or technical support; (b) manage our contractual relationship with you or your organization; or (c) comply with a legal obligation. As appropriate, we may share your Personal Data with a client and/or a third party who engages in market research services. We, or our business partners, may use your Personal Data to contact you for the purposes of conducting surveys or market research.

Other Communications. From time to time, we may use Personal Data about you to inform you through targeted advertising of products, programs, services and promotions that we believe may be of interest to you as well as for general marketing purposes. We sometimes use a marketing automation tool to identify individuals who may be interested in receiving information about the Website, the Platform or our Services.

Other Business Purposes. We may also use Personal Data about you for other business purposes, such as data analysis (for example, to improve the efficiency of Services for your benefit and possibly for the benefit of other clients), editorial and feedback purposes, providing customer service or technical support, customizing and improving the content and layout of the Website or the Platform, completing business transactions, development of marketing and promotion plans and materials, statistical analysis of user behavior (for example, to understand what parts of the Website or the Platform are of most interest to users), product development, market research, administering individual accounts, and meeting regulatory requirements. Some Services involve the use of artificial intelligence tools. We may use user inputs and other data relating to the use of such Services to continue to improve the algorithms and large language models used by such tools, as further described herein. We engage in these activities to manage our relationship with you, to comply with a legal obligation and/or because we have a legitimate interest.

Administrative Communications. We reserve the right to use Personal Data to send you important information regarding our Services, your account status, changes to this Policy, or any other policies, agreements or transactions relevant to your use of the Services. Because this information may be important to your use of the Services, you may not opt-out of receiving such communications. We will engage in this activity to manage our contractual relationship with you and/or to comply with a legal obligation.

Provision of Service; Data Transfers. We will share your data with platform hosts and similar vendors who provide the mechanical foundation of the Services or other services to or for the benefit of RepTrak. The provision of the service often involves transmission of data across national borders and outside of the European Union to the United States and possibly other jurisdictions. Such transfers are customarily governed by data processing agreements.

Employment. We may use your Personal Data to consider you for employment when you apply for a position with us or submit a resume or an employment application to us. Providing this information is completely voluntary.

Interaction with RepTrak through Teleconferencing. Where permitted by law and in certain limited circumstances, RepTrak may collect biometric data related to customers and employees through online platforms that are owned and administered by a third-party service provider (e.g., Google, Zoom, WebEx, Skype for Business). Please be aware that our video teleconferencing may record the content, conversations, and discussions thereon, and such records may be stored or retained by our third-party service providers and/or locally in RepTrak’s systems. By participating in any such meeting with audio and/or video capabilities and recording, you hereby consent to the collection and retention of any information provided therein. Participation in such meetings is completely voluntary and you can ask the RepTrak representative(s) present about your options for opting out of biometric data collection, retention.

We believe that we have established reasonable organizational and technical measures designed to protect Personal Data from loss, misuse, or unauthorized access, disclosure, alteration or destruction. However, no electronic transmission, storage or processing of information can be entirely secure and you assume all risk of loss, unauthorized access to or misuse of your information. One effective security measure, when using the Platform, is protecting your password. Do not use any common passwords (such as “password”, “1234” or your child’s name) and do not share your password with others. Most Personal Data is stored electronically on third-party servers located in the European Economic Area. In cases where it is transmitted outside such area, such transmittal is governed by appropriate Data Processing Agreements.

By submitting your Personal Data, you expressly authorize RepTrak to contact you on your mobile telephone to the extent you provide the same to us. This contact may be a text message or a telephone call.

What Other Information We Collect

When you visit or interact with our Services, we or our third-party service providers may also use cookies and other types of web technologies to collect technical and usage information such as browsing history, domain name, IP address, browser type, date and time of each visit, and pages that your web browser has visited. Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your web browser (if you allow) that enables the sites or service provider’s systems to recognize your browser and capture and remember certain information in order to collect technical and usage information such as browsing history, domain name, IP address, browser type, date and time of each visit, the pages you visit, and other technical and usage information.

We use cookies to understand and save your preferences for future visits and to compile aggregate data about Website traffic and Website, Platform, and Services interaction so that we can offer better experiences and tools in the future. Most web browsers permit you to set your web browser to block or delete all cookies, including cookies associated with our Services, or to indicate when a cookie is being set by us. However, it’s important to remember that our Website or the Platform may not function properly if you set your browser to reject our cookies.

We may use a tool called “Google Analytics” to collect information about use of the Website. Google Analytics collects information such as how often users visit our Website, what pages they visit when they do so, and what other sites they used prior to coming to our Website. We use the information we get from Google Analytics to improve our Website. To the best of our knowledge, Google Analytics collects only the IP address assigned to you on the date you visit our Website, rather than your name or other identifying information. We do not combine the information collected through the use of Google Analytics with personally identifiable information. We do sometimes transmit IP addresses and email address to Google Analytics for the purposes of performing IP geolocation and/or customer segmentation. Although Google Analytics places a permanent cookie on your web browser to identify you as a unique user the next time you visit our Website, the cookie cannot be used by anyone but Google. Google’s ability to use and share information collected by Google Analytics about your visits to our Website is restricted by the Google Analytics Terms of Use and the Google Privacy Policy. More information on Google Analytics can be found here: https://policies.google.com/technologies/partner-sites. If you would like to opt-out of having your data used by these cookies, please use the Google Analytics opt-out available here: https://tools.google.com/dlpage/gaoptout/.

We also use 6Sense Insights, Inc. to manage data relating to our Services and users. Their privacy policy can be found here: https://6sense.com/privacy-policy/.

Finally, we work with Bamboo HR LLC, and some of its subsidiaries and affiliates, including BambooHR Payroll LLC, to process candidates for employment with RepTrak and perform other administrative functions which may relate to hiring, employment, or onboarding. Their privacy notice, terms of use, and/or other applicable terms can be found on their website, and alongside our careers or job opportunities information on the Website.

We may also use other third-party service providers, including to track our visitors. Most browsers also allow you to turn on a feature commonly referred to as “Do Not Track” so that websites and service providers will not track your behavior over time and across websites. This is discussed more below in Section 6.

How We Share Information

We may provide some or all of your Personal Data to our business partners such as third parties who assist us in operating our Services, support us in providing Services, conduct surveys or market research and/or provide general business services (e.g., marketing, analytics). We may also share your Personal Data when we believe the disclosure is appropriate to comply with the law or legal process, enforce our policies, or protect ours or other’s rights, property, or safety. We may share Personal Data with our clients as appropriate.

From time to time, we may enter into a special relationship with another company that is not owned by or affiliated with RepTrak to provide or promote joint products, services, applications, features, or conducting seminars or webinars (together, “Jointly Offered Items”). Any information, including Personal Data, that you provide in connection with one of these Jointly Offered Items, and/or on one of these co-branded pages, will be shared with our third-party partners. You should check these third parties’ web sites for information regarding their privacy practices. PLEASE NOTE THAT THIS PRIVACY POLICY DOES NOT ADDRESS THE PRIVACY OR INFORMATION PRACTICES OF ANY THIRD PARTIES. If you do not want Personal Data about you shared with such third parties, please do not provide Personal Data in connection with the Jointly Offered Items and/or co-branded pages.

We may share your Personal Data with other companies in the RepTrak Group. We may also transfer your Personal Data to any successor company through a corporate transaction such as a merger, sale of assets, statutory consolidation and/or joint venture.

Choices and Rights Re: Personal Data

We give you choices regarding our use and disclosure of your Personal Data for marketing purposes. If you no longer want to receive marketing-related emails from us on a going forward basis, you may stop receiving these marketing-related emails by sending an email to [email protected], or by clicking the “unsubscribe” link in any marketing email, as noted below. Similarly, if you would prefer that we do not share your Personal Data on a going-forward basis with unaffiliated third parties for their marketing purposes, you may cease this sharing by sending an email to [email protected]. All of our email communications include the ability to opt-out from receiving future emails, except administrative communications.

We will try to comply with your request(s) as soon as reasonably practicable. Please note: (a) we will not be able to remove your Personal Data from the databases of third parties with which we have already shared your Personal Data (i.e., to which we have already provided your Personal Data as of the date that we implement your request); (b) that requesting us not to share your Personal Data with the RepTrak Group or unaffiliated third parties may result in you no longer receiving any marketing emails from RepTrak; and (c) that if you choose not to receive marketing-related messages from us, we may still send you important administrative communications, and you cannot elect to stop receiving such communications, unless you choose to stop receiving Services from us. You may also indicate your choices regarding marketing-related emails by contacting us via the “Contact Information” below, or by clicking the “unsubscribe” link in any marketing email.

In addition to the specific rights listed below, if you would like to request to review, correct, update, suppress, delete or otherwise limit our use of your Personal Data that has been previously provided to us, or if you would like to request to receive an electronic copy of your Personal Data for purposes of transmitting it to another company (to the extent this right to data portability is provided to you by applicable law), you may make a request by contacting us using the information provided under Contact Information in Section 10(d) below. We will respond to your request consistent with applicable law. For your protection, we may only implement requests with respect to the Personal Data associated with the particular email address that you use to send us your request, and we may need to verify your identity before implementing your request. We will try to comply with your request as soon as reasonably practicable and consistent with applicable law. Please note that we may need to retain certain information for recordkeeping purposes, contractual or legal obligations, and/or to complete any transactions that you began prior to requesting the change or deletion. There may also be residual information that will remain within our databases and other records pursuant to our archiving processes, which will not be removed, but will no longer be subject to active data processing or use.

California Disclosures

California “Shine the Light” Information-Sharing Disclosure: California residents may request a list of all third parties with respect to which we have disclosed any of your Personal Data for such third parties’ direct marketing purposes and the categories of information disclosed. If you are a California resident and want such a list, please send us an email request by email to [email protected] with “California Shine the Light Rights” in the subject line.

California Do Not Track Disclosure: We are in the process of implementing an automated tool designed to recognize Do Not Track settings and Global Privacy Controls in end-user browsers, specifically to detect and honor Global Privacy Control signals from visitors to our Website in a frictionless manner. While our Website does not automatically recognize Do Not Track signals and Global Privacy Controls in your browser, you may manage your cookie preferences through our cookie banner and site settings.

We do not track our customers or Website visitors over time and across third-party websites to provide targeted advertising on our Website. Some third-party websites do keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you. If you are visiting such websites, you should be able to set the DNT signal on your browser so that third parties (particularly advertisers) know you do not want to be tracked. As noted above, we utilize a cookie banner to allow you to decline the placement of tracking technologies on your visit to our Website which are used to provide advertisements on third party websites.

California Consumer Privacy Act Disclosures:

The California Consumer Privacy Act, as amended by the California Privacy Rights Act effective January 1, 2023 (“CCPA”), gives California residents the right to request: (a) the categories of Personal Data (including sensitive Personal Date if applicable) we have collected about you; (b) the categories of sources from which the Personal Data is collected; (c) the business or commercial purpose of collecting, selling or sharing Personal Data; (d) the categories of third parties with whom we share or sell Personal Data; (e) the categories of Personal Data about you that we have disclosed; and (f) the specific pieces of personal information we have collected about you.

Additionally, you have the right: (u) to know the length of time we retain your Personal Data; (v) to request deletion of your Personal Data; (w) to request the correction of any inaccurate Personal Data; (x) to opt out of the sale or sharing of your Personal Data (as applicable); (y) to limit the use of sensitive Personal Data (if applicable); and (z) to not be discriminated against for exercising any of your CCPA rights.

We will do our best to honor your requests subject to any legal, ethical, and contractual obligations.

Exercise of Rights: To exercise the rights described above, it may be necessary for us to verify your identity or authority to make the request and confirm the Personal Data relates to you. 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 Data. We will not discriminate against you for exercising any of your privacy rights under CCPA or other applicable law.

Residents of California, and some other jurisdictions, have the right to opt out of the sale of their personal information. Except as otherwise indicated in this Policy, we do not sell, nor have we, in the 12 months preceding the “last revised” or “last reviewed” date of this Policy listed above, sold, Personal Data for monetary consideration under CCPA. Personal Data may be provided to our service providers and to third parties under Section 1798.140(t)(2)(A) of the CCPA.

Please see the chart below regarding the categories of data we may have collected or received in the 12 months preceding the “last revised” or “last reviewed” date of this Policy listed above from California residents and to whom we may have disclosed the information for business purposes.

California Consumer Privacy Act Disclosures Table

Any sensitive data we collect is used only for a business purpose and not for the purposes of inferring characteristics of a consumer.

Requests Under Other USA States.

We are committed to facilitating the exercise of your rights granted by the laws of your jurisdiction, which may include the right to request the correction, modification or deletion of your personal information and the right to opt out of the sale or sharing of your personal information (as applicable). We will do our best to honor your requests subject to any legal and contractual obligations. If you would like to make a request, cancel your account or request we delete or no longer use your personal information to provide you Services, contact us at [email protected] or make changes to any user profile information connected to your account.

European Union and United Kingdom Privacy Rights and Choices

If you are located in the European Union (“EU”), the United Kingdom or another jurisdiction that has adopted laws substantially similar to the EU’s General Data Protection Regulations (“GDPR”), your privacy rights include the following:

Transparency and the right to information. In this Policy, we explain how we use and share your information. However, if you have questions or need additional information you can contact us any time.

Right of access, restriction of processing, and erasure. You may contact us to request information about the Personal Data we have collected from you and to request the correction, modification or deletion of such Personal Data, which requests we will do our best to honor subject to any legal and contractual obligations. To make a request or to ask us a question about our data practices, please contact us via email at [email protected].

Right to withdraw your consent at any time. When we process your Personal Data based on your consent, you have the right to withdraw it at any time.

Right to object at any time. You have the right to object at any time to receiving marketing or promotional materials from us by either following the opt-out instructions in our e-mails or by contacting us, as well as the right to object to any processing of your Personal Data based on your specific situation. In the latter case, we will assess your request and provide a reply in a timely manner, according to our legal and contractual obligations. Some non-marketing communications are not subject to a general opt-out, such as communications about transactions and disclosures to comply with legal requirements or administrative communications.

Right to data portability. You have the right to data portability of your own Personal Data by contacting us.

Right not to be subject to an automated decision, including profiling. We do not make automated decisions using your Personal Data that may negatively impact you.

Right to lodge a complaint with a supervisory authority. If you consider that the processing of your Personal Data infringes your privacy rights under the GDPR, you have the right to lodge a complaint with a supervisory authority, in the member state of your habitual residence, place of work, or place of the alleged infringement.

We rely on the following legal grounds to process your personal information:

Consent. Some uses of your personal data as described in this Privacy Policy are subject to your consent, such as marketing email communications.

Performance of a contract. We may need to collect and use your personal information to enter into a contract with you and to perform Services that you request.

Legitimate Interests. We may use your personal information for our legitimate interests to provide our Services and to improve our Services and the content contained thereon. We may use technical information as described in this Policy and use personal information for our marketing purposes consistent with our legitimate interests and any choices that we offer or consents that may be required under applicable law.

Compliance with Legal Obligations. We may use your personal information as necessary to comply with our legal obligations.

Users Outside the United States

Although most Personal Data is stored in the European Economic Area, the Website, Platform, and Services are controlled and provided within the United States and necessary elements for Platform performance and back-up may be replicated around the world, consistent with Amazon Web Services processes in the US-east, AP-southeast, and EU-west. If you are an individual from the EU, Canada, or any other jurisdiction with laws or regulations governing personal data collection, use, and disclosure that differ from United States laws, please be advised that the United States is not deemed an “adequate jurisdiction” by the EU regulatory authorities. Personal Data may also be transferred from the country of your residence to other countries, including the United States, using permitted transfer mechanisms, including within the framework of the standard contractual clauses. By visiting the Website or using our Platform or Services, you are consenting to the transfer of your information from your jurisdiction to the United States.

Miscellaneous

(a) Changes to our Privacy Policy

We reserve the right to change this Policy from time to time. You are encouraged to regularly review this Policy. If we decide to materially change this Policy, we will post a notice on the Website and/or within the Platform.

(b) Third Party Websites

Our Website or the Platform may contain links to other sites such as social networks or links to our business partners. Please be aware that we do not endorse and are not responsible for the privacy practices of such other sites and this Policy does not apply to such third-party sites. If you have any questions about these other companies’ data practices, you should review their privacy policies. As noted above, we operate social media pages on third party networks and may have social media icons on our Website. When you visit or link to our social media pages, data is processed both by us and the applicable social media provider. Social media providers are unaffiliated with us, and we are not responsible for the content or privacy practices of social media providers. Social media providers have their own terms of use and privacy policies, and we encourage you to review those policies whenever you visit their websites or interact with their platforms.

Our Website, the Platform and the Services are not directed to minors or children under the age of 18 and we do not knowingly collect Personal Data from any individual under the age of 18. If you are under the age of 18, please stop using our Services.

(d) Contact Information for RepTrak

If there are any questions regarding this Privacy Policy or how we process your Personal Data, you may contact us: by sending an email to [email protected]; or by phone at (617) 758-0955; or by sending correspondence to:

The RepTrak Company 31 Milk Street, #960969 Boston, MA 02196 USA Attn: Privacy Department

The RepTrak Company Terms of Use

Thank you (“Client”, “you” or “your”) for choosing the RepTrak Platform (the “Platform”), developed and owned by Reputation Institute, Inc. d/b/a The RepTrak Company, the global leader in reputational analysis and related services (“RepTrak”, “our”, “us”, or “we”).

The Platform is the only cloud-based reputation intelligence framework that provides leading-edge, actionable insights about a company’s corporate reputation. It combines global demographic, behavioral, and perception data from stakeholders. RepTrak’s leading-edge technology delivers the richest and most accurate information possible. Key sections on the Platform provide categorized industry and client information and may include some variation of the following: (1) Home; (2) Insights; (3) Analyze; (4) Tools; and (5) Learn.

These Terms of Use (these “Terms”) govern your use of the Platform, as well as your use of the RepTrak website(s) and services (collectively, with the Platform, the “Services”). If you do not agree to be bound by these Terms, please cease use of the Services immediately.

Your company should have separately executed an order form, statement of work or similar document to access the Platform (the “Order Form”). This Order Form will set out the fees, payment terms and other conditions related to your use of the Platform. If you have not agreed to an Order Form, please contact us at [email protected]. You are responsible for any use of the Platform by any employee, consultant, third-party contractor or service provider that is or has been authorized by you to use the Platform in order to perform services for you or on your behalf and to whom you or RepTrak has supplied user identifications and passwords for the purpose of accessing the Platform (each a “User”).

If Client has executed a master services agreement or similar contract with RepTrak (an “MSA”) and there is any conflict between the provisions in these Terms and the provisions of the MSA, the MSA shall control.

Access to the Services

RepTrak grants you a non-exclusive, non-transferable, non-sublicensable, limited license to use and access the Services, which may include a limited license to use the Platform, the Platform’s Ancillary Software Environment, and the Documentation, and to authorize Users to do the same. You acknowledge that the Platform will be hosted by a third-party cloud hosting service (the “Platform Provider”). RepTrak is not responsible for the acts or omissions of the Platform Provider. As used in these Terms, “Ancillary Software Environment” means any software agent, tool, plug-in, or mobile application that may be delivered or downloaded, which RepTrak makes available for purposes of facilitating Client access to, operation of, and/or use with, the Platform, which shall not be, at any point, licensed separately from the Platform. For clarity, all references in these Terms to the Platform include the Ancillary Software Environment. Documentation includes the (a) end-user documentation, including but not limited to applicable user guides and manuals that RepTrak makes generally available to end-users of the Platform, (b) system requirements, including but not limited to hardware, software, database and operating system requirements for the computing environment in which the Platform must be run or operated, and (c) the specifications, including but not limited to RepTrak published technical specifications applicable to the Platform, including any configuration documents as applicable. Documentation specifically excludes training materials.

Changes to the Services or these Terms

We reserve the right to improve, enhance, modify, or discontinue features or functionality of the Services, including the Platform and AI Feature (including its features, functionality, user interface, user experience, or any combination of these or other aspects), end support for any such features, and update these Terms on a periodic basis (collectively, “Modifications”). We will endeavor to minimize the impact of any Modifications on you, and will provide notice to you through the Platform if any Modification will materially affect the manner in which you use the Platform or the manner in which the Platform operates or performs.

Security

We will maintain commercially reasonable security measures in providing the Services to you. We reserve the right to suspend access to the Platform in the event of a suspected or actual security breach. However, no security system is foolproof. You understand that we cannot and do not guarantee, warrant, or otherwise represent that the Platform or the other Services will be free of viruses or other destructive code. You are responsible for implementing sufficient technology, procedures, and checkpoints to satisfy your particular requirements for anti-virus protection, security, and accuracy of data input and output, and for maintaining a means external to our Platform for the reconstruction of any lost data.

Third Party Resources

The Services may permit you to link to third-party software, third-party technology, and/or provide links to third party websites, content, or resources (“Third Party Resources”), which shall be subject to their own terms and conditions of use. We are not responsible for the contents of any Third Party Resources, or any changes or updates to such Third Party Resources. RepTrak shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any content, goods or services available on or through any Third Party Resources.

Intellectual Property

The Services, including the Platform, and all of their enhancements, upgrades, modifications, customizations, derivative works, selections, algorithms, compilations, aggregations, source code and/or object code, and copies thereof, and all information, methods, processes and all intellectual property contained therein (collectively, the “RepTrak Intellectual Property”) are and will remain the property of RepTrak. RepTrak has and will retain exclusive right and title to, and has all patent, copyright, trademark, trade secret and all other intellectual property rights in and to the RepTrak Intellectual Property. Nothing in these Terms will be construed as transferring any aspects of such rights to you with the exception of your limited right to use and access the Services. RepTrak shall have the right to register patents, trademarks and copyrights related to the Services with any governmental authority anywhere in the world.

We do not consent to the content on the Services being used, reproduced, or downloaded in any manner or by any third parties for the purposes of developing, training, or operating artificial intelligence or other machine learning systems (“AI Training”), including but not limited to translation services. Users of the Services are prohibited from using any of the content on the Services for AI Training without first seeking our specific and express permission, and sub-licensing or directing others to reproduce and/or otherwise use the Services in any manner for purposes of training artificial intelligence technologies to generate text, audio, or video without our specific and express permission.

Use Of The Services

You and your authorized Users will access and use the Services for your legitimate business purposes only, and all uses shall be in accordance with these Terms (including the Restrictions in Section 11) and applicable law. Usernames and passwords for the Platform may not be transferred or shared by more than one User. You shall use commercially reasonable efforts to maintain internet, hardware, software, and related systems at or above the industry standard requirements. You will promptly notify RepTrak immediately of: (a) any unauthorized access or use of the Platform; (b) if any Client account information is lost or stolen; or (c) if you become aware of any violation of these Terms by a User.

User Content

Certain features of the Services may allow authorized Users to post content such as questions, comments, discussion topics and/or feedback (collectively, “User Content”). Some User Content will be accessible only to us and others from your company, but other times, User Content will be available to anyone with Platform access. You are responsible for User Content posted by your Users. We retain the right, but not the obligation to monitor User Content and modify or remove User Content as needed. Users are not permitted to post any User Content that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, service mark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; violates or advocates the violation of any law or regulation; or violates these Terms.

However, we cannot review all material before it is posted on the Services, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this Section.

Use of Personal Data and Client Data

Personal Data (as defined below) may be requested from Users as part of the Platform registration process. Typically this Personal Data is limited to a User’s name, business email address, business mailing address, business phone number, and Client and/or company affiliation. The Services are intended for business to business interactions and we do not wish or seek to collect any individual User information such as home addresses, home telephone numbers or personal email addresses. We may collect and process Personal Data in order to provide Users with requested information, provide products or services to you (including the Services) and/or because we are legally required to do so. Specifically, we may use this Personal Data as permitted by law and each User expressly grants us permission to use the Personal Data to contact them with respect to Services-related inquiries, surveys, customer care, technical support and/or to provide you (or a User) with marketing materials or information of interest. Personal Data is information that identifies an individual or can be used to identify or contact an individual, e.g., name, email address, mailing address, phone number or Internet Protocol (“IP”) address.

By using the Services, you (and each User) authorize us and our parents, subsidiaries, affiliates, agents, assigns and service providers (collectively, the “Messaging Parties”) to contact Users using automatic telephone dialing systems, artificial or prerecorded voice message systems, text messaging systems and automated email systems in order to provide any and all relevant information. Each User authorizes the Messaging Parties to make such contacts using any telephone numbers (including wireless, landline, VOIP numbers and hereinafter developed technology) or email addresses a User supplies to us.

Client Data includes all electronic data, information, and other content that (a) has been uploaded, imported, or otherwise introduced by Client to the Platform, including Prompts (as defined below), (b) has been generated, collected, stored or processed for Client through the Platform, including Output (as defined in Section 10), or (c) is otherwise owned or controlled by Client and accessed by RepTrak pursuant to these Terms. All Client Data, if any, shall be solely owned by you and RepTrak assigns to you any right title and interest it may have or may acquire in the Client Data and any derivatives thereof. You are solely responsible for all electronic data, information, and other content that has been integrated into or uploaded by you to the Platform, or collected or processed for Client through use of the Platform. You represent and warrant that, to your knowledge, you own or have the necessary rights, licenses, consents and permissions to create, upload, transfer or otherwise use all Client Data, and that, to your knowledge, the Client Data does not infringe or violate any third-party’s Intellectual Property Rights. RepTrak may, following consultation with you, remove any Client Data that violates these Terms or applicable laws. You grant RepTrak the limited right to collect, use, reproduce, distribute, transmit and make derivatives of the Client Data solely in connection with RepTrak’s provision of the Services and any support provided. In addition, you grant RepTrak the right to use anonymized, aggregate Client Data for internal analytic, statistical, security, quality control and product development purposes and/or for compliance with law.

Supplemental Terms Applicable to Artificial Intelligence Tools and Functionalities in Services

This Section 10 applies to your use of RepTrak’s artificial intelligence tools and functionalities available in conjunction with the Services, including RepTrak’s AI-enabled, conversational assistant ChatBot feature (each, an “AI Feature”), and only in the event that you have opted in to use, or not opted out of or otherwise disabled, any user-facing AI Feature. Your use of any AI Feature is completely optional. Some AI Features require you, as a user, and/or your organization, to opt in. Others are invisible features embedded in the Services that help RepTrak provide and improve the Services. If you do not wish to interact with such embedded AI Features, please do not use the Services. By using any AI Feature, you agree and promise to RepTrak that: you have read this Section 10, understand it, and agree and to be bound by it; and that your organization has given you the ability and permission to use the AI Feature. In this Section 10 “you” means you individually and not your organization. Your use of the AI Feature is also subject to the [RepTrak Privacy Policy].

Using the AI Feature. Note that the AI Feature may be a prototype or beta version, as indicated. The AI Feature may allow you to submit text, information, voice, files (e.g. Excel, Word, PDF) and/or image inputs (“Prompts”), converse with an online computer-powered chatbot, receive recommendations and suggestions for data analysis, and other output created or actions taken by the AI Feature (“Output”), and allow the AI Feature to take certain actions with your information on the Platform. You acknowledge and agree that use of the AI Feature involves the use of generative AI and such Output is produced using generative AI.

Permitted Use and Restrictions. You hereby represent, warrant and covenant that you shall use the AI Feature only: (i) in compliance with all applicable laws; (ii) in accordance with this Section 10 and the remainder of these Terms; and (iii) in a manner that does not infringe or attempt to infringe, misappropriate or otherwise violate any of our rights or those of any other person or organization (including, without limitation, intellectual property rights, and proprietary and privacy rights). You authorize RepTrak to access your device and data for the purpose of providing the AI Feature service and to use your data and the data of your organization in accordance with these Terms.

By using the AI Feature, you agree not to:

upload or include any confidential or sensitive data in the Prompt unless authorized in writing by RepTrak and your organization, if necessary;

engage in activity that is harmful to you or others or otherwise cause harm to your device or software, or your organization;

engage in activity that is harmful to RepTrak or the AI Feature, including bot/scraping behaviors, malicious software, technical attacks, excessive usage, prompt-based manipulation, and other off-platform abuses;

engage in activity that violates the rights or privacy of others, including, without limitation, disclosure of personal information or taking photographs or video/audio recordings of others without their consent for processing of an individual’s biometric identifiers/information using the AI Feature;

engage in activity that is fraudulent, false, or misleading;

use the AI Feature to create or share inappropriate content or material or upload any content that does not comply with the content requirements in these Terms, including that you shall not generate defamatory, libelous, harassing, abusive, or hateful content, or use the AI Feature to create or share adult content, violence or gore, hateful content, terrorism and violent extremist content, glorification of violence, child sexual exploitation or abuse material, or content that is otherwise disturbing or offensive;

use the AI Feature to circumvent, disable or otherwise interfere with security-related features and passwords or impersonate others;

use the AI Feature or any Output to develop any service or product that is the same as (or substantially similar to), or otherwise competitive with, the AI Feature, the RepTrak Platform, or the other Services;

do anything illegal or engage in any activity that has a high risk of physical or economic harm; and/or

represent that Output was human-generated when it was not.

In addition to the restrictions and monitoring in Sections 11 and 12 of these Terms, the AI Feature may block any Prompts or Outputs that violate this Section 10, or that are likely to lead to the creation of material that violates this Section 10. Images or text that violate this Section 10 may be removed at our sole discretion. Abuse of the AI Feature, such as repeated attempts to produce prohibited content or other violations of this Section 10, may result in service or account suspension and/or cancelation.

Rights in and to Prompts and Output. RepTrak does not claim ownership of Prompts, or any other content you provide, post, input, or submit to, or receive from, an AI Feature (including feedback and suggestions). You will need to make your own determination regarding the intellectual property rights you may have in Output content and its commercial usability. You warrant and represent that you or your organization owns or otherwise controls all of the rights to your content as described in this Section 10 including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the content to or in connection with your use of the AI Feature. To the maximum extent permitted by law, we shall have no liability to you with respect to the Prompts and or any Output, including, without limitation, liability with respect to: any information (including your confidential information) contained in or apparent from any Prompt and/or the Output or your reliance thereon; or any claims, copyright infringement, or infringement by a third party in relation to or in connection with the Prompt and/or the Output. You warrant, represent and covenant that: (i) you own or have a valid and enforceable license or appropriate basis and all the necessary rights to use, submit or transmit all the Prompts and use the AI Feature; (ii) that no Prompt or Output (as defined below) infringes, misappropriates or violates or will infringe, misappropriate or violate, the rights (including, without limitation, any copyrights or other intellectual property rights) of any person or entity or any applicable law, rule or regulation of any government authority of competent jurisdiction; and (iii) you shall not disseminate or distribute the Prompts or Output in breach of any applicable law or third party’s intellectual property or other rights. Notwithstanding anything to the contrary, you hereby grant us and our affiliates a worldwide, non-exclusive, royalty-free, paid-up, irrevocable right and license to copy, process, create derivative works of, modify, adapt, and otherwise use Prompts and the Output (in any media, now known or hereafter developed): A during the term of any services or other agreement between you or your organization and RepTrak, for the purpose of providing the Services (such as providing, administering, and maintaining the AI Feature and the Platform); and B on a perpetual basis for the purpose of generally improving our Services, enhancing the AI Feature and our products and services (such as developing new features and functionalities) provided that the Prompts are anonymized, de-identified, or pseudonymized.

Risk of AI Feature under EU AI Act. The AI Feature is not a high-risk AI System as classified under the EU Artificial Intelligence Act (EU Artificial Intelligence Act, Regulation (EU) 2024/1689) or other applicable law governing AI Systems. The EU AI Act defines an “AI System” as any machine-based system that is designed to operate with varying levels of autonomy and that may exhibit adaptiveness after deployment, and that, with direct or indirect instructions to do so, infers, from the input it receives, how to generate outputs such as predictions, content, recommendations, or decisions that can influence physical or virtual environments. The AI Feature is designed to perform consistently with accuracy and robustness in accordance with the specifications described in this Section 10, including efforts to verify anti-bias and accuracy.

No Guarantees; No Representations or Warranties; Indemnification of RepTrak by You. You acknowledge and agree that artificial intelligence and machine learning are rapidly evolving fields, and that, given the probabilistic nature of artificial intelligence and machine learning, use of the AI Feature may in some situations result in incorrect Output and/or the Output may not be unique across users and the AI Feature may generate the same or similar Output for different users of the AI Feature and that the Output may derive from a variety of sources (including, third party AI tools and providers). You are solely responsible and liable for evaluating and verifying (including without limitation by human review) the Output as being suitable and appropriate for your intended use. RepTrak recommends you to carefully test, review, and vet the Output before use.

As further described in Section 15, we make no guarantees or promises about how the AI Feature operates or that it will function as intended. The AI Feature is not error-free, may not work as expected, and may generate incorrect information, recommendations, or actions. Like other generative AI tools, the AI Feature may from time to time hallucinate or generate false information.

Your use of the AI Feature is at your own risk! YOU ACCEPT AND AGREE THAT ANY USE OF OUTPUT FROM THE AI FEATURE IS AT YOUR SOLE RISK AND YOU WILL NOT RELY ON OUTPUT AS A SOLE SOURCE OF TRUTH OR FACTUAL INFORMATION, OR AS A SUBSTITUTE FOR PROFESSIONAL ADVICE.

You hereby represent, warrant, and covenant that you shall use any Output (including content, recommendation or suggested action) from the AI Feature in accordance with the Terms and applicable laws and subject to any third-party rights. In addition, you agree to defend, indemnify, and hold harmless RepTrak, its affiliates, employees, our respective officers, directors, and any other agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including attorneys’ fees) arising from, or relating to, your use of the AI Feature (including the Prompts and the Output), including your subsequent use of any content, recommendation or approval of action received from the AI Feature and your breach of these Terms or any applicable law.

Restrictions

Except as expressly permitted by these Terms, you shall not, and you agree not to authorize, encourage, or permit any third party to: (a) modify, adapt, alter, translate, or create derivative works from the Services; (b) assign, lease, rent, loan, or otherwise transfer rights or access to the Services; (c) use any analytics, data, content, or other output created by or from the Services on behalf of, or to perform any services for, any third party) or include such analytics, data, content or other output in any services or products provided by you to any third party; (d) reverse engineer, decompile, disassemble or otherwise attempt (i) to defeat, avoid, bypass, remove, deactivate or otherwise circumvent any protection mechanisms in the Services, including without limitation, any such mechanism used to restrict or control the functionality of the Services or its authorized users or (ii) to derive the source code or the underlying ideas, algorithms, structure or organization from the Services; (e) remove, modify or obscure any proprietary notices within the Services; or (f) provide access to the Services to any person or entity that engages in illegal or deceptive trade practices or any other practices proscribed under applicable law.

Additionally, you agree not to:

Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Platform.

Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.

Use any manual process to monitor or copy any of the material on the Services for any purpose not expressly authorized in these Terms of Use, without our prior written consent.

Use any device, software, or routine that interferes with the proper working of the Services.

Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services or any server, computer, or database connected to the Platform.

Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.

Otherwise attempt to interfere with the proper working of the Services.

Monitoring

RepTrak reserves the right to record, monitor or audit activities occurring through or involving the Services and/or investigate any allegation that any activity occurring through or involving the Services does not conform to these Terms and applicable laws. Client shall not unreasonably hinder such monitoring or audit, and shall provide such information related to the Services usage as is reasonably requested by RepTrak and necessary to confirm conformance to these Terms.

We have the right to:

Remove or refuse to post any User Content for any or no reason, in our sole discretion.

Take any action with respect to any User Content or Client Data that we deem necessary or appropriate in our sole discretion, including if we believe that any such User Content or Client Data violates these Terms of Use, including those in Section 8, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, violates any applicable law, or could otherwise create liability for RepTrak.

Disclose your identity or other information about you to any third party credibly claiming that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

Take appropriate legal action, including without limitation, respond to takedown notices or make referrals to law enforcement, for any illegal or unauthorized use of the Services.

Terminate or suspend your access to all or part of the Services for any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any third parties in response to take-down notices and/or law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS REPTRAK AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY ANY SUCH PARTY, INCLUDING ANY COURT OR LAW ENFORCEMENT AUTHORITY.

If you believe that any User Content, Client Data, or other content on the Services violates your copyright or other intellectual property or privacy rights, please notify us through the contact information provided in Section 20 of these Terms of Use.

Export

Client will not export or re-export, directly or indirectly, the Services, and/or any technology included as part of the Services, including all or part of the Platform, Ancillary Service Environment, or Documentation, in whole or in part, to any countries outside the United States except as permitted under the U.S. Commerce Department’s Export Administration Regulations (Title 15 of the U.S. Code of Federal Regulations part 730 et seq.), and the U.S. trade embargo regulations (Title 31 of the U.S. Code and Federal Regulations Part 500 et seq.).

Disclaimer Of Warranties

We do not guarantee, represent or warrant that your use of the Services will be uninterrupted, timely, secure or error-free. You expressly agree that your use of, or inability to use, the Services is at your sole risk. The Services are provided “as is” and “as available”, without any representations or warranties, either express or implied. Except as otherwise expressly indicated in these Terms, we disclaim all representations, warranties, and conditions of merchantability, fitness for a particular purpose, durability, title, and non-infringement, including, as to the AI Feature, any implied warranties relating to relevance, accuracy, reliability, usefulness, integrity, lawfulness, functionality or intellectual property rights of, or relating to, the text, data, Output, solutions, actions, checks, suggestions or suitability of AI Feature for your particular needs.

You understand that we cannot and do not guarantee, warrant, or otherwise represent that content or files available for access or downloading from the internet or the Services will be free of viruses or other destructive code. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR TO YOUR DOWNLOADING OF ANY APPLICATION, PLATFORM, OR MATERIAL.

Limitation of Liability and Indemnification

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL REPTRAK, OUR PARENTS, SUBSIDIARIES, SUCCESSORS AND ASSIGNS, AND EACH OF OURS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES. IN NO EVENT WILL OUR LIABILITY FOR YOUR USE OF THE SERVICES OR IN ANY WAY RELATING TO THESE TERMS EXCEED THE FEES PAID BY YOU TO US FOR THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

YOU AGREE TO DEFEND AND INDEMNIFY REPTRAK, ITS AFFILIATES, PARENTS, AND SERVICE PROVIDERS, AND ANY OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS FROM AND AGAINST ANY CLAIMS, CAUSES OF ACTION, DEMANDS, RECOVERIES, LOSSES, DAMAGES, FINES, PENALTIES, OR OTHER COSTS OR EXPENSES OF ANY KIND OR NATURE, INCLUDING BUT NOT LIMITED TO, REASONABLE LEGAL AND ACCOUNTING FEES, ARISING FROM CLAIMS BY THIRD-PARTIES AS A RESULT OF OR RELATING TO (A) YOUR BREACH OF THESE TERMS OF USE, (B) YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY, OR (C) OR ANY OTHER PROFESSIONAL, GENERAL, STATUTORY OR REGULATORY CLAIM WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES AND/OR THE SERVICES, INFORMATION, AND MATERIAL PROVIDED THROUGH THE PLATFORM.

Waiver and Severability

No waiver by RepTrak of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of RepTrak to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Governing Law and Arbitration

These Terms and your use of the Services shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without reference to otherwise applicable principles of conflicts of law. Any dispute related to these Terms or your use of the Services shall be submitted solely to arbitration before JAMS in Boston, Massachusetts. You submit exclusively to such jurisdiction and venue. Judgments may be enforced in any court in the world having jurisdiction over such matters.

In any dispute under this Section 18 in which RepTrak prevails, RepTrak shall have its attorneys’ fees, professionals’ fees and costs paid by you, and such sum may be added to any judgment entered in the proceeding. This right shall not merge with but shall survive the entry of judgment, and shall extend to appeals and collection.

Comments and Concerns

The Services are provided by The RepTrak Company. We strive to promptly accommodate all requests relating to incorrect, unlawful, or improper information found on, in, or through the Services. Please contact us if the Services, any User Content, or any Client Data violates your copyright or other intellectual property or proprietary right. All such feedback, questions, comments, requests for technical support, and other communications relating to the Services can be communicated to us via the following:

By email to [email protected]
By phone by calling (617) 758-0955
In writing to:

The RepTrak Company 31 Milk Street, #960969 Boston, MA 02196

Copyrights and Trademarks

The RepTrak Company (“RepTrak”) owns reptrak.com (the “Website”). RepTrak owns or has rights to all of the wallpaper, icons, characters, artwork, images, graphics, charts, text, videos, presentations, software and other content of the Website (the "Content"), and all HTML, CGI and other code and scripts in any format used to implement the Website (the "Code"). The Content and Code of the Website are protected by copyright. Except as set forth herein, you may not copy, modify, upload, download, transmit, re-publish, display for redistribution to third parties for commercial purposes, or otherwise distribute any Code or Content from the Website without the prior written agreement of RepTrak. You may not use the Content or Code from the Website for any purpose other than those set forth herein.

All materials, text, graphics and images created by RepTrak are protected by copyright and/or Trademark. They may not be reproduced, adapted or used for any purpose without written permission from RepTrak. For permission, please send a written request to [email protected].

Your failure to comply with these restrictions will constitute breach of contract and will violate RepTrak's copyright, trademark and other proprietary and industrial property rights. You may print in hard copy portions of the Website with the sole intent of viewing RepTrak's Content for non- commercial purposes. The use of any such material for any other reason, on any other website, or the modification, distribution, or republication of this material without prior written permission from RepTrak is strictly prohibited.

Using The RepTrak Company's Published Research

(1) required to cite The RepTrak Company's research as the source of the questions, and that users are (2) not allowed to identify or refer to the measures they calculate themselves as "RepTrak" scores when publicizing or writing about them —only as a 'Reputation Ratings' or 'Reputation Scores.' RepTrak scores are normalized scores that can only be calculated and released by The RepTrak Company because they are rigorously developed, demographically balanced, and cross-culturally adjusted.