Privacy Policy — Five Percent

1. Scope & Updates To This Privacy Policy

This Privacy Policy applies to personal information processed by us, including on our websites and in other online or offline offerings. To make this Privacy Policy easier to read, our websites and other offerings are collectively called “Services.”

An Important Note. This Privacy Policy does not apply to any of the personal information that our customers may collect and process using Graphite’s Services (“Customer Data”). Our customers’ respective privacy policies govern their collection and use of Customer Data. Our processing of Customer Data is governed by the contracts that we have in place with our customers, not this Privacy Policy. Any questions or requests relating to Customer Data should be directed to our customer.

Changes to our Privacy Policy. We may revise this Privacy Policy from time to time in our sole discretion. If there are any material changes to this Privacy Policy, we will notify you as required by applicable law. You understand and agree that you will be deemed to have accepted the updated Privacy Policy if you continue to use our Services after the new Privacy Policy takes effect.

2. Personal Information We Collect

The categories of personal information we collect depend on how you interact with us, our Services, and the requirements of applicable law. We collect information that you provide to us, information we obtain automatically when you use our Services, and information from other sources such as third-party services and organizations, as described below.

A. Information You Provide to Us Directly

We may collect the following personal information that you provide to us.

• Account Creation. We may collect information when you create an account, such as your name, email address, username, and password.
• Billing Information. We may collect personal information and details associated with payment for our services.
• Your Communications with Us. We may collect personal information, such as email address, phone number, business name, and its mailing address, when you request information about our Services, register for our newsletter or developer hub, provide information in forms on our website, request customer or technical support, apply for a job, or otherwise communicate with us.
• Surveys. We may contact you to participate in surveys. If you decide to participate, you may be asked to provide certain information, which may include personal information.
• Interactive Features. We, and others who use our Services, may collect personal information that you submit or make available through our interactive features (e.g., commenting functionalities, forums, blogs, and social media pages). Any information you provide using the public sharing features of the Services will be considered “public,” unless otherwise required by applicable law, and is not subject to the privacy protections referenced herein.
• Conferences, Trade Shows, and Other Events. We may collect personal information from individuals when we attend or host conferences, trade shows, and other events.
• Business Development and Strategic Partnerships. We may collect personal information from individuals and third parties to assess and pursue potential business opportunities.
• Job Applications. We may post job openings and opportunities on our Services. If you reply to one of these postings by submitting your application, CV, and/or cover letter to us, we will collect and use this information to assess your qualifications. Please see our HR Privacy Notice.

B. Information Collected Automatically

We may collect personal information automatically when you use our Services:

• Automatic Data Collection. We may collect certain information automatically when you use our Services, such as your Internet protocol (IP) address, user settings, MAC address, cookie identifiers, mobile carrier, mobile advertising and other unique identifiers, browser or device information, location information (including approximate location derived from IP address), and Internet service provider. We may also automatically collect information regarding your use of our Services, such as pages that you visit before, during, and after using our Services, information about the links you click, the types of content you interact with, the frequency and duration of your activities, and other information about how you use our Services.
• Cookies, Pixel Tags/Web Beacons, and Other Technologies. We, as well as third parties that provide content, advertising, or other functionality on our Services, may use cookies, pixel tags, and other technologies (“Technologies”) to automatically collect information through your use of our Services.
• Cookies. Cookies are small text files placed in device browsers that store preferences and facilitate and enhance your experience. For detailed information about the cookies we use, their purposes, and how you can manage your preferences, please see our Cookie Policy.
• Pixel Tags/Web Beacons. A pixel tag (also known as a web beacon) is a piece of code embedded in our Services that collects information about engagement on our Services. The use of a pixel tag allows us to record, for example, that a user has visited a particular web page or clicked on a particular advertisement. We may also include web beacons in e-mails to understand whether messages have been opened, acted on, or forwarded.

Our uses of these Technologies fall into the following general categories:

• Operationally Necessary. This includes Technologies that allow you access to our Services, applications, and tools that are required to identify irregular website behavior, prevent fraudulent activity, improve security, or allow you to make use of our functionality;
• Performance-Related. We may use Technologies to assess the performance of our Services, including as part of our analytic practices to help us understand how individuals use our Services (see Analytics below). For example, we may track your website activity, including recordings of your interactions with the website;
• Functionality-Related. We may use Technologies that allow us to offer you enhanced functionality when accessing or using our Services. This may include identifying you when you sign into our Services or keeping track of your specified preferences, interests, or past items viewed;
• Advertising- or Targeting-Related. We may use first party or third-party Technologies to deliver content, including ads relevant to your interests, on our Services or on third-party websites. See “Your Privacy Choices and Rights” below to understand your choices regarding these Technologies.

Analytics. We may use Technologies and other third-party tools to process analytics information on our Services. These technologies allow us to process usage data to better understand how our website and web-related Services are used, and to continually improve and personalize our Services. Some of our analytics partners include:

• Google Analytics. For more information about how Google uses your data (including for its own purposes, e.g., for profiling or linking it to other data), please visit Google Analytics' Privacy Policy. To learn more about how to opt out of Google Analytics' use of your information, install the Google Analytics opt-out add-on.
• Social Media Platforms. Our Services may contain social media buttons, such as X (Twitter) and LinkedIn, which might include widgets such as the “share this” button or other interactive mini programs. These features may collect your IP address and which page you are visiting on our Services, and may set a cookie to enable the feature to function properly. Your interactions with these platforms are governed by the privacy policy of the company providing it.

C. Information Collected from Other Sources

Third-Party Services and Sources. We may obtain information about you from other sources, including through third-party services and organizations. For example, if you access our Services through a third-party application, such as an app store, a third-party login service, or a social networking site, we may collect information about you from that third-party application that you have made available via your privacy settings.

3. How We Use Your Information

We use your information for a variety of business purposes, including to provide our Services, for administrative purposes, and to market our products and Services, as described below.

If you are located in the European Economic Area (“EEA”), the United Kingdom (“UK”), or Switzerland, our legal bases for processing your personal information include: (i) performance of a contract; (ii) compliance with legal obligations; (iii) our legitimate interests, provided such interests are not overridden by your rights and freedoms; and (iv) your consent, where required by applicable law.

A. Provide Our Services

We use your information to fulfil our contract with you and provide you with our Services, such as:

• Managing your information and accounts;
• Providing access to certain areas, functionalities, and features of our Services;
• Answering requests for customer or technical support;
• Communicating with you about your account, activities on our Services, and policy changes;
• Processing your financial information and other payment methods for products or Services purchased;
• Processing applications if you apply for a job we post on our Services; and
• Allowing you to register for events.

B. Administrative Purposes

We use your information in our legitimate interest, such as:

• Pursuing our legitimate interests such as direct marketing, research, and development (including marketing research), network and information security, and fraud prevention;
• Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity;
• Measuring interest and engagement in our Services;
• Improving, upgrading, or enhancing our Services;
• Developing new products and services;
• Ensuring internal quality control and safety;
• Authenticating and verifying individual identities, including requests to exercise your rights under this Privacy Notice;
• Debugging to identify and repair errors with our Services;
• Auditing relating to interactions, transactions, and other compliance activities;
• Sharing personal information with third parties as needed to provide the Services;
• Enforcing our agreements and policies; and
• Carrying out activities that are required to comply with our legal obligations.

C. Marketing and Advertising our Products and Services

We may use personal information to tailor and provide you with content and advertisements. We may provide you with these materials as permitted by applicable law. Some of the ways we market to you include email campaigns, custom audiences advertising, and “interest-based” or “personalized advertising,” including through cross-device tracking. If you have any questions about our marketing practices, you may contact us at any time as set forth in “Contact Us” below.

D. With Your Consent

We may use personal information for other purposes that are clearly disclosed to you at the time you provide personal information or with your consent.

E. Other Purposes

De-identified and Aggregated Information. We may use personal information and other information about you to create de-identified and/or aggregated information, such as demographic information, information about how you use the Services, information about the device from which you access our Services, or other analyses we create. De-identified and/or aggregated information is not personal information, and we may use, disclose, and retain such information as permitted by applicable laws, including, but not limited to, for research, analysis, analytics, and any other legally permissible purposes.

F. Artificial Intelligence

Graphite uses artificial intelligence technologies to provide and improve our Services, including AI-assisted code review and related developer tools. We do not use personal information to train AI systems. If any personal information is processed in connection with AI features, it is used solely to deliver the Services to you.

Graphite may also use artificial intelligence technologies within its internal tools and workflows to assist in providing Services to clients. Any company data or metadata processed through such tools is used only as necessary to deliver, support, and improve the Services and is not used to train AI systems without prior consent.

4. How We Disclose Your Information

We disclose your information to third parties for a variety of business purposes, including to provide our Services, to protect us or others, or in the event of a major business transaction such as a merger, sale, or asset transfer, as described below.

A. Disclosures to Provide our Services

The categories of third parties with whom we may share your information are described below.

• Service Providers. We may share your personal information with our third-party service providers and vendors that assist us with the provision of our Services. This includes service providers and vendors that provide us with IT support, hosting, payment processing, customer service, and related services.
• Business Partners. We may share your personal information with business partners to provide you with a product or service you have requested. We may also share your personal information with business partners with whom we jointly offer products or services.
• Affiliates. We may share your personal information with our company affiliates.
• Advertising Partners. We may share your personal information with third-party advertising partners. These third-party advertising partners may set Technologies and other tracking tools on our Services to collect information regarding your activities and your device (e.g., your IP address, cookie identifiers, page(s) visited, location, time of day). These advertising partners may use this information (and similar information collected from other services) for purposes of delivering personalized advertisements to you when you visit digital properties within their networks. This practice is commonly referred to as “interest-based advertising,” “personalized advertising,” or “targeted advertising.”
• APIs/SDKs. We may use third-party Application Program Interfaces (“APIs”) and Software Development Kits (“SDKs”) as part of the functionality of our Services. For more information about our use of APIs and SDKs, please contact us as set forth in “Contact Us” below.

B. Disclosures to Protect Us or Others

We may access, preserve, and disclose any information we store associated with you to external parties if we, in good faith, believe doing so is required or appropriate to: comply with law enforcement or national security requests and legal process, such as a court order or subpoena; protect your, our, or others’ rights, property, or safety; enforce our policies or contracts; collect amounts owed to us; or assist with an investigation or prosecution of suspected or actual illegal activity.

C. Disclosure in the Event of Merger, Sale, or Other Asset Transfers

If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, purchase or sale of assets, or transition of service to another provider, your information may be sold or transferred as part of such a transaction, as permitted by law and/or contract.

5. How We Keep Your Information Secure

We take the security of your personal information seriously. Graphite maintains SOC 2 certification and our security program is independently audited. Additional information about our security practices, controls, and compliance commitments is available in our Trust Center. We implement appropriate technical and organisational measures to protect personal information against accidental or unlawful destruction, loss, alteration, unauthorized disclosure or access, including encryption of data in transit and at rest, access controls and authentication requirements, vulnerability management, and incident response and breach notification procedures. Additionally, we require that third-party service providers maintain appropriate security standards.

Despite these efforts, if you believe your personal information has been compromised, please contact us immediately at security@graphitehq.com. If you are located in the EU or UK, you may also submit a report via graphitegrowth.gdprlocal.com/eu or graphitegrowth.gdprlocal.com/uk, respectively.

6. Your Privacy Choices And Rights

A. Data Subject Rights

The European Union’s General Data Protection Regulation (GDPR) and other applicable privacy laws provide individuals with certain rights regarding their personal data. These rights include:

• Right to be informed
• Right of access
• Right to rectification
• Right to erasure
• Right to restrict processing
• Right of data portability
• Right to object
• Rights related to automated decision-making, including profiling

This Privacy Policy explains what personal data Graphite collects about you and how it is used.

If you wish to confirm whether Graphite processes your personal data, or request access to the personal data we hold about you, you may contact us at any time. You may also request information about:

• the purposes of processing
• the categories of personal data involved
• recipients or categories of recipients of the data
• the source of the data (if not provided directly by you)
• the retention period for the data

You have the right to correct inaccurate personal data and to request deletion of your personal data, subject to certain legal exceptions. You may also request restriction of or object to the processing of your personal data, including processing for direct marketing purposes.

Where processing is based on your consent, you have the right to withdraw that consent at any time. Withdrawal applies only to future processing and does not affect the lawfulness of processing carried out before withdrawal.

When technically feasible, Graphite will provide your personal data to you in a structured, commonly used, and machine-readable format. Reasonable access to your personal data will be provided at no cost.

We will respond to your request within one (1) month of receipt. Where requests are complex or numerous, we may extend this period by a further two (2) months and will inform you accordingly.

You may submit a request to exercise your rights using any of the following designated methods: (1) by emailing us at privacy@graphitehq.com; (2) if you are located in the EU, by submitting a request at graphitegrowth.gdprlocal.com/eu; or (3) if you are located in the UK, by submitting a request at graphitegrowth.gdprlocal.com/uk.

B. Communications Preferences

You may opt out of marketing communications:

• Email: Use the unsubscribe link included in marketing emails. Transactional or service-related communications cannot be opted out of.
• Text messages: Follow the opt-out instructions in the message or contact us directly.

C. Cookies and Advertising

You may manage cookies and similar technologies through your browser or device settings. Restricting cookies may impact service functionality. You can also opt out of certain personalized advertising programs through industry self-regulatory platforms. Opt-outs must be performed separately for each browser and device.

Graphite does not respond to “Do Not Track” browser signals.

D. Complaints

You have the right to lodge a complaint with your local data protection authority if you believe that your personal data has been processed unlawfully. If you are located in the EEA, UK, or Switzerland, you may contact your national data protection authority for more information about your rights or to submit a complaint.

For questions or concerns about how we process your personal data, please refer to the “Contact Us” section below.

7. International Data Transfers

All personal information processed by us may be transferred, processed, and stored anywhere in the world, including, but not limited to, the United States or other countries, which may have data protection laws that are different from the laws where you live. We endeavor to safeguard your personal information consistent with the requirements of applicable laws.

If we transfer personal information which originates in the European Economic Area, Switzerland, and/or the United Kingdom to a country that has not been found to provide an adequate level of protection under applicable data protection laws, one of the safeguards we may use to support such transfer is the EU Standard Contractual Clauses and, where applicable, the UK International Data Transfer Addendum or UK International Data Transfer Agreement (IDTA), or other lawful transfer mechanisms recognized under applicable data protection laws.

For more information about the safeguards we use for international transfers of your personal information, please contact us as set forth below.

8. Retention of Personal Information

We store the personal information we collect as described in this Privacy Policy for as long as you use our Services, or as necessary to fulfill the purpose(s) for which it was collected, provide our Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws.

To determine the appropriate retention period for personal information, we may consider applicable legal requirements, the amount, nature, and sensitivity of the personal information, certain risk factors, the purposes for which we process your personal information, and whether we can achieve those purposes through other means.

9. Children’s Information

The Services are not directed to children under 13 (or other age as required by local law), and we do not knowingly collect personal information from children.

If you are a parent or guardian and believe your child has uploaded personal information to our site without your consent, you may contact us as described in “Contact Us” below. If we become aware that a child has provided us with personal information in violation of applicable law, we will delete any personal information we have collected, unless we have a legal obligation to keep it, and terminate the child’s account, if applicable.

10. Additional Information for U.S. State Residents

Several U.S. states have enacted comprehensive privacy laws, including the CCPA/CPRA (California), VCDPA (Virginia), CPA (Colorado), CTDPA (Connecticut), UCPA (Utah), OCPA (Oregon), TXDPSA (Texas), MTCDPA (Montana), IACDPA (Iowa), DEPDPA (Delaware), NEDPA (Nebraska), NHPA (New Hampshire), NJDPA (New Jersey), TNIPA (Tennessee), MNCDPA (Minnesota), MDODPA (Maryland), INCDPA (Indiana), KYCDPA (Kentucky), and RIDTPPA (Rhode Island). These laws create additional privacy obligations for businesses and may provide their residents with additional privacy rights. U.S. state privacy laws continue to evolve and additional states may enact similar laws.

A. Additional Privacy Rights

In addition to the rights described in “Your Privacy Choices and Rights” above, if you are a resident of one of these states, you may have the right to opt out of the sale or sharing of your personal information for the purpose of targeted advertising.

We do not sell your personal information for monetary consideration. However, we may share certain personal information with advertising and analytics partners for purposes of targeted or cross-context behavioral advertising. This may constitute a “sale” or “sharing” under applicable state law. You have the right to opt out.

We do not knowingly sell or share the personal information of consumers under 16 years of age.

We will respond to verifiable consumer requests within the timeframes required by applicable law and will not discriminate or retaliate against you for exercising your privacy rights. To exercise any of your rights you may also contact us using the information provided in the “Contact Us” section below.

B. Right to Appeal

Depending on the laws applicable to you, if you are not satisfied with our response to your request, you may have the right to appeal our decision by contacting us using the information provided in the “Contact Us” section below.

11. Other Provisions

Supervisory Authority. If your personal information is subject to the applicable data protection laws of the European Economic Area, Switzerland, or the United Kingdom, you have the right to lodge a complaint with the competent supervisory authority if you believe our processing of your personal information violates applicable law.

• EEA Data Protection Authorities (DPAs)
• Swiss Federal Data Protection and Information Commissioner (FDPIC)
• UK Information Commissioner's Office (ICO)

12. Contact Us

Graphite Growth, Inc., with offices at 51 Sharon Street, San Francisco, CA 94114, is the controller of the personal information we process under this Privacy Policy, except where we act as a processor on behalf of our customers.

If you have any questions about this Privacy Policy, or our privacy practices, please contact us at privacy@graphitehq.com. To exercise your data subject rights, please see the “Your Privacy Choices and Rights” section above.

If you believe you’ve discovered a potential vulnerability, please let us know by emailing us at security@graphitehq.com.

A. EU Representative

Pursuant to Article 27 of the General Data Protection Regulation (GDPR), Graphite has appointed the following representative in the European Union:

• Representative: INSTANT EU GDPR REPRESENTATIVE LTD
• Address: Office 212A, Lower Main Street, Lucan, Co. Dublin, K78 X5P8, Ireland
• Contact Name: Adam Brogden
• Email: contact@gdprlocal.com
• Tel: +353 (0) 1554 9700

B. UK Representative

Pursuant to Article 27 of the UK GDPR, Graphite has appointed the following representative in the United Kingdom:

• Representative: GDPR LOCAL LTD
• Address: 1st Floor Front Suite, 27-29 North Street, Brighton, England, BN1 1EB
• Contact Name: Adam Brogden
• Email: contact@gdprlocal.com
• Tel: +44 (0) 1772 21780