Privacy Policy

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WHO WE ARE

We are Virtual Fork Inc. (“Virtual Fork,” “we,” “us,” and “our”),a company based in the United States that offers a platform that among other things, is a software as a service tool for managing shared kitchens,where a shared kitchen owner or operator (each, a “Host”) can arrange scheduling, tracking, onboarding, and billing of food concepts and businesses(each, a “Guest”) as renters in their shared kitchen space. The Platform comprises our main website and associated webpages at www.virtualfork.io (the “Site”), among other things.

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We respect the privacy of those who access and use the Platform (“User,” “you,”“Guest,” “Kitchen,” or “Host”), and have adopted this privacy policy (“Privacy Policy”) to help our Site visitors, Users, current and potential customers, Guests, Hosts, Kitchens, their employees, our employees, and other business partners understand what Data we collect, store, share, and use. We also want to help you understand how and why we collect Data, and what your rights are with respect to Data that we collect.

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By accessing or using the Platform or otherwise interacting with us on the Site or elsewhere online, you consent to our use of your Data as described in this Privacy Policy. Please review this Privacy Policy carefully. If you do not wish to be subject to this Privacy Policy, please do not access or use any of the features or functions of the Platform or otherwise interact with us on the Site or elsewhere online. Capitalized terms used but not otherwise defined in this Privacy Policy have the meaning ascribed to them in the Terms of Service or Master Services Agreement that govern access to and use of the Platform.

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OUR INTENDED USERS

The Platform is for use by persons at least 18 years of age. It is not directed to anyone under the age of 18. We do not knowingly collect Data from users who are under the age of 18. If we become aware that we have gathered Data from a person under the age of 18, we will attempt to delete such Data as soon as practical, subject to our obligations under any applicable laws.

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DATA WE COLLECT AND HOW WE USE IT

Described below are the types and categories of Data we collect when you access and use the Platform (collectively, “Data”). We never sell your Data, and we always have a lawful basis for collecting the Data, but that lawful basis might be different for different types and categories,and we describe those uses below. Regardless, we never use your Data for any purpose other than the purpose for which we collected the Data in the first place, unless we get your express prior consent. In all cases, we will comply with applicable privacy laws and cease processing your Data after the legal right, obligation, or other lawful basis expires.

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When you enter into an agreement with us – for example, by registering for, subscribing to, enrolling with, or otherwise accessing or using the Platform or – we will process your Data for the purposes of fulfilling the terms of our agreement with you. In that case, our processing of your Data is based on our agreement, so your withdrawal of consent will only be effective after the purposes for processing that Data have been fulfilled and after we no longer have a legal obligation to keep that Data.

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REGISTRATION DATA

1. Description of Registration Data: “Registration Data” consists of your first and last name; your email address; your company or employer’s name (if applicable); your company or employer’s Employer Identification Number (if applicable); you or your company’s or employer’s streetaddress; you or your company’s or employer’s phone number; and other similar information that you provide us while registering for, subscribing to,enrolling with, and otherwise accessing or using the Platform. Registration Data also includes your authentication credentials and type of User that you are – for example, a Guest or a Kitchen. Further, Registration Data may include information collected by us when you link your account through Facebook, Google, Apple, or a similar third-party platform, including registration and profile information. When you link third-party platforms to your User Account, you authorize us to collect, store, and use information about you that the third-party platforms share with us – for example, your email address,username, and the like. All of such data is considered Registration Data.Please note that any third-party platform you link to your User Account likely has its own privacy policy that governs its collection, use, processing, and sharing of your information. Please refer to any applicable third-party privacy policy for information regarding their collection, use, processing, and sharing of your information.
2. Lawful Basis for Processing: Our lawful basis for processing Registration Data is our agreement with you and your consent. We can only provide certain of the features and functions of thePlatform to you if we have the Registration Data, so we need to collect, store,and process that Registration Data during the term of our agreement. Even when the Registration Data is not critically necessary to the provision of the Platform, we may still process that Registration Data to facilitate the interactions with you contemplated by our agreement with you.
3. How We Use It and Who We Share It With: Registration Data is accessible generally only to us and to you. We use it to provide the Platform to you. In limited circumstances, we may share your Registration Data with our third-party service providers that help us provide the Platform to you and are under obligations to us to protect the confidentiality of your Registration Data. At times, we will share the Registration Data with other third parties at your request or to fulfill requests that you make of us. For example, we may offer you the ability to purchase a Protection Plan offered by a third-party insurer, in which case we may share your Registration Data with the applicable Plan Provider upon your election to purchase a Protection Plan. We may also use your Registration Data to offer our own products and services to you, either directly through emails or through third-party platforms, but you may opt out of those communications at any time.We will never share your authentication credentials with any third party.

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ENGAGEMENT DATA

1. Description of Engagement Data: "Engagement Data" consists of all the information you input or record using the Platform, except as otherwise stated in this Privacy Policy. It also includes all information that is proprietary to you regarding your use of the Platform (other than the data that qualifies as Usage Data below) that is collected, stored, and and/or processed by us in connection with your access to and use of the Platform. For example, Engagement Data includes details associated with your Listings, such as Kitchen locations, equipment available, photos of your Kitchen, photos of your Concept; your employees’ names and company-issued email addresses (if applicable); internal company communications; and other similar information that you provide to us while accessing or using the Platform.
2. Lawful Basis for Processing: Our lawful basis for processing Engagement Data is (1) our agreement with you, (2) our obligation to provide you with the features and functions of the Platform in which you have registered, subscribed, or enrolled; and (3) our legitimate interest in improving the Platform based on the Engagement Data we receive from you.
3. How We Use It and Who We Share It With: Your Engagement Data is accessible to us, to you, and to limited third parties that we use to provide and improve the Platform. If we share your Engagement Data with a third party, that third party will be obligated to us to protect the confidentiality of your Engagement Data. We may also share Engagement Data with other third parties at your specific request. We may also use Engagement Data to make improvements to the Platform. We do not de-identify or aggregate your Engagement Data for use for any purpose other than to provide the Platform to you and to improve the Platform, which may include understanding how the Platform is used by Users.

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USAGE DATA

1. Description of Usage Data: “Usage Data” consists of the following and similar information: (a) Information about your interactions with the Platform, most commonly our Site, which includes the date and time of any requests you make. This also may include details of your use of third-party products and services made accessible to you via the Platform and any advertising you receive via the Platform. (b) Adjustments you make to the default state of your User Account, such as calendar scheduling changes or custom settings. (c)The timing of the information you post to the Platform, including messages you send or receive via the Platform and your interactions with our support personnel, but not including the content of those messages and interactions, which are Engagement Data (as defined above). (d) Technical data, which may include URL information; cookie data; your IP address; the types of devices you are using to access the Platform or navigate to the Site; unique device IDs; device attributes; network-connection type (i.e., Wi-Fi, 4G, LTE, Bluetooth); provider, network, and device performance; browser type; language; information enabling digital, mouse movements (including scrolling data); and GPS data (only upon your express prior consent). (e) Information concerning rights management, operating system, and application version. (f) Application features, pages viewed, and application crash information. (g) Motion-generated or orientation-generated mobile sensor data (e.g.; accelerometer or gyroscope), if any, required for the purposes of providing specific features of the Platform to you.
2. Lawful Basis for Processing: Our lawful basis for processing Usage Data is (1) our agreement with you and (2) our legitimate interest in improving the Platform based on the Usage Data we receive from you.
3. How We Use It and Who We Share It With: Usage Data is accessible to us, to you, and to limited third parties that we use to provide and improve the Platform. If we share your Usage Data with a third party, that third party will be obligated to us to protect the confidentiality of your Usage Data. We may also share Usage Data with other third parties at your specific request. We may also use Usage Data to make improvements to the Platform. Both during the term of our agreement with you and thereafter, we may also use Usage Data as de-identified data, anonymized, and/or aggregated data (“De-Identified Usage Data”), and that De-Identified Usage Data belongs solely to us to use in our sole discretion (including to sell De-Identified Usage Data, which is not Data, as that term is used in this Privacy Policy, notwithstanding anything to the contrary set forth herein). To the extent we are required to delete any Usage Data about you, we may still retain and use De-Identified Usage Data that may have originated as your Usage Data.

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PAYMENT DATA

1. Description of Payment Data: “Payment Data” is only collected when you choose to access or use those elements of the Platform that we provide to Users in consideration for your payment of a Fee. Payment Data is the information necessary for us to process your payment. Payment Data will vary depending on the payment method you use – for example, bank transfer or credit card – but will include information such as: (a) First and last name (b) Date of birth (c) The information related to your applicable account, or accounts, required by our applicable Authorized Payment Processor. An example is Stripe. (Please note: We use Authorized Payment Processors to collect bank transfer and credit card information. The Authorized Payment Processor’s information collection tool is layered over our Platform’s shopping cart, so your account information is not collected by or shared with us, and we do not store it or process it. Further, we only use Authorized Payment Processors that comply with the Payment Card Industry Data Security Standard (or PCI-DSS, for short). (d) Address and postal code. (e) Mobile phone number.
2. Lawful Basis for Processing: Our lawful basis for processing Payment Data is (1) our agreement with you and (2) our legitimate interest in improving the Platform based on the Payment Data we receive from you.
3. How We Use It and Who We Share It With: We only use your Payment Data to facilitate payments authorized by you, and we only communicate Payment Data to those parties who are strictly necessary for that purpose.

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SUPPLEMENTAL MOBILE DATA

1. Description of Supplemental Mobile Data: Where applicable to your access to and use of the Platform, “Supplemental Mobile Data” consists of the following and similar information: (a) Your precise mobile device location. If you give us permission to access your precise location, this enables us to access your GPS or Bluetooth to provide location-aware functionality as part of the Platform. (Please note: This does not include your IP address, which is Usage Data (as defined above). We use your IP address to determine non-precise location, for example, what country you are in to comply with our licensing and other agreements). (b) Your profile associated with your User Account. This may comprise age, gender, and other personal characteristics used for the purpose of delivering certain features of the Platform via your mobile devices. (c) Your photos. If you give us permission to access your photos or camera on your mobile devices, we will only access images that you specifically choose to share with us and metadata related to those images, such as the type of file and the size of the image. We will never scan or import your photo library or camera roll.
2. Lawful Basis for Processing: Our lawful basis for processing Supplemental Mobile Data is (1) our agreement with you and (2) our legitimate interest in improving the Platform based on the Supplemental Mobile Data we receive from you.
3. How We Use It and Who We Share It With: We only use Supplemental Mobile Data when you specifically authorize it, and we only share it with those parties who are strictly necessary for the purpose you have authorized.

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WHO WE SHARE YOUR INFORMATION WITH

Except where a specific limitation is noted above, we may share your Data as follows:

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1. At Your Instruction. If you request us to make your Data available to a third party,and such request furthers the purposes of the Platform, we will do so.
2. Sharing with Third-Party Vendors. In certain cases, we use the services of third-party vendors to assist us in providing certain features and functions of the Platform. We may share your Data with such third-party vendors solely for that purpose, and we will require those third parties to abide by our privacy policies and data security practices or privacy policies and data security practices that conform in all material respects with ours.
3. Hosts and Guests. We may share information between Kitchens and Guests to facilitate the kitchen reservation process and give you access and control during your renting or hosting experience. Such information as your first and last name, phone number, email address, and the address of the Kitchen to be rented (if you are a Host) will be shared between the two parties upon a confirmed Booking of a Kitchen.
4. Public Listings and Profiles. To advertise your Listings and assure customer safety, we make certain information available for public accessvia the Platform. The information on Listings and User Account profiles may include information such as your first name, your description of the Kitchen, your general description of yourself, the general area in which your Kitchen is located, a verified identification status (if we have verified your identity via documentation you have provided us), and any other information you choose to provide in your public Listing.
5. Third-Party Offers. We may allow third parties to offer you their products and services, including offers through our Platform,co-branded web pages hosted by the third parties, or via email. Whether or not you decide to participate in any such offers is up to you. If you purchase a product or service on a co-branded web page or via a third-party offer on thePlatform that requires you to submit financial and personally identifiable information, you are also consenting to our delivery of that information to the applicable third party. The offer will notify you if any financial or personally identifiable information will be shared. Such third party will be authorized to use the information in keeping with our contractual relationship with them and in accordance with their own privacy policies and data security practices. We do not control these third parties, and you acknowledge and agree that we are not liable for their acts or any failure to act on their part.
6. Third-Party Advertising. We may use aggregated, statistical information to describe Users and to establish advertising and other business relationships with third parties. We may serve you with targeted advertisements based on your personal or profile information, but we do not provide any of this personal or profile information to any third-party advertisers or any other third party, with the exception of those otherwise described in this Privacy Policy. However, if you click or view an advertisement on the Platform,including on our Site, then you consent to the likelihood that the advertiser will assume that you meet the targeting criteria, if any, used to display such advertisement, and as described above, you will be subject to the third-party advertiser's privacy policy and data security practices, if any.
7. Third-Party Service Providers. We may sometimes use a third party to provide certain elements of the Platform on our behalf, including sending emails to you, conducting surveys, processing transactions, or performing statistical analyses. In these cases, we may provide certain personal information, such as your first and last name and email address and other financial information necessary for the third-party service to be provided.However, these third parties are required to maintain the confidentiality of this information and are prohibited from retaining, sharing, storing, or using this information for any other purposes.
8. Internet Service Providers. We may provide certain portions of your Data, such as your email address or first and last name, back to your internet service provider if we have an existing advertising relationship with them. This is done to allow them to target or discontinue your exposure to our advertisements once you have become a User of the Platform. As part of our agreement with your internet service provider, they will be required to maintain this information in a confidential manner and use it solely for the purpose described in this Privacy Policy.
9. Business Transitions. In the event that we go through a business transition, such as a merger, acquisition, liquidation, or sale of allor a portion of our assets, the information we have about you will, in most instances, be part of the assets transferred. We reserve the right to transfer that information in connection with such transactions without notice to you provided that the acquirer has expressed to us its intent to continue to operate the Platform for the benefit of you and other Users. We will not be required to obtain your consent for such a transfer.
10. Legally Required Disclosure. We may disclose your Information if required to do so by law or in the good faith belief that such action is necessary to conform to one or more applicable laws; comply with a judicial proceeding, court order, or legal process served on us; protect and defend our rights or property; or investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, or violations of the Terms of Services.

If we ever plan to process or otherwise use any Data in the future for any other purposes not identified in this Privacy Policy, and we do not have a separate lawful basis for that new purpose for processing or use, we will only do so after obtaining your express prior consent. Further, we do not sell your Data for any purpose.

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TECHNOLOGIES WE USE

The technologies we use for Data collection may include the following:

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1. Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting, you may be unable to access certain features or functions of the Platform. Unless you have adjusted your browser setting so that it will refuse cookies, the Platform will issue cookies when you direct your browser to the Platform.‍
2. Flash Cookies. Certain features of the Platform may use local stored objects (or Flash cookies)to collect and store information about your preferences and navigation to, from,and on the Platform. Flash cookies are not managed by the same browser settings as are used for browser cookies. For more information on disabling Flash cookies, you can visit https://helpx.adobe.com/flash-player/kb/dsiable-local-shared-object-flash.html.
3. Web Beacons. Webpages included as an element of the Platform and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count Users who have visited those webpages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
4. Geolocation. We may use GPS (or other similar) technology when you access and use the Platform, and more specifically any mobile application, to determine your current location. If you do not want us to use your location to provide you with certain elements of the Platform, you can turn off your location services on your mobile device in your device's settings.
5. Other Technologies. We may also use device identifiers, local storage, html modifiers, and different types of caching to help us understand the devices and Users who access and use the Platform. Those methods include device identifiers that are either hardware-based or software-based, persistent or non-persistent, and which may identify either a device or a software module within a device (such as a web browser).

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DO NOT TRACK OPTIONS

Your web browser(s) may offer a "Do Not Track" option, which allows the individual to signal to operators of websites and online applications and services (including behavioral advertising services) that the individual does not wish such operators to track certain of their online activities over time and across different websites. The Platform does not support “Do Not Track” requests at this time, which means that we may collect information about your online activity both while you are using the Platformand after your use of the Platform.

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YOUR RIGHTS REGARDING YOUR DATA

Under applicable data security, privacy, and other laws, you may have certain rights related to your access and control of your Data. Such rights may include the following:

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1. The right to access, correct, update, or request deletion of your Data.
2. The right to object to processing or restrict the processing of your Data. Please note that if you exercise this right, it may limit or eliminate our ability to provide you all or some of the elements of the Platform.
3. The right to request portability of your Data.
4. The right to opt-out of marketing communications we send you. You can exercise this right by clicking the "Unsubscribe" or "Opt-Out" link found in these communications.
5. The right to not be subject to a decision based solely on automated processing, including profiling, known as Automatic Decision Making.
6. The right to submit a complaint to any applicable regulatory authority about our processing activities.
7. The right to opt-out of us sharing (as defined in the California Privacy Rights Act) your Data, including for direct marketing purposes, subject to certain legal exceptions.

We may use additional processes to verify your identity before we reveal or delete any of your Data, including two-factor or two-step authentication measures to ensure we can identify you.

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This list may not include all of your rights under applicable laws. If you believe you have additional rights, please contact us using the methods cited in this Privacy Policy.

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Further, although we currently do not processData without consent, if we at any time in the future process Data without your express consent, you may opt-out or withdraw consent at any time.

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If our processing of your Data is based on your consent, you may withdraw your consent at any time, and we will cease collecting and processing your Data. However, in some cases, this may result in your inability to access and use all or some of the elements of the Platform,and your withdrawal of consent does not limit our ability to use the De-Identified Usage Data (as defined above) for use by us in connection with our legitimate business efforts in the future. In addition, your withdrawal of consent may not prevent us from retaining and processing Data if we have gathered such Data pursuant to a different lawful basis or to preserve legal claims. For example, if you give your consent for us to process your Data, but we are also required by law to keep your Data, that separate “lawful basis”will still apply, even if you withdraw your consent.

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Please note that in cases where, by exercising any of the above rights, you end up limiting or eliminating our ability to provide you with all or some of the elements of the Platform, we shall have the right, but not the obligation, to cancel or suspend your User Account and/or terminate your access to or use of the Platform.

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We will try to comply with your request(s) as soon as reasonably practicable. Upon receipt of your written request, we will provide you with a copy of your information, although in certain limited circumstances we may not be able to make all relevant information available to you, such as where that information also pertains to another User. In such circumstances, we will provide reasons for the denial to you upon request.

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Please also note that, if you do opt-out of receiving marketing-related emails from us, we may still send you messages for administrative or other purposes directly relating to your use of the Platform,and you cannot opt-out from receiving those messages while continuing to use the Platform.

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To exercise any of these rights, or if you have any questions about our processing of your Data, please contact us at info@virtualfork.io.

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PRIVACY FOR CALIFORNIA RESIDENTS

California adopted the California Consumer Privacy Act (“CCPA”), which took effect at the beginning of 2020 and has now adopted the California Privacy Rights Act ("CPRA"), portions of which took effect on January 1, 2022. We comply with the requirements of the CCPA and CPRA to the extent they apply to us.

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If you are a California resident, you may request to exercise your rights for anyData we have processed in the 12 months prior to your request. Such request covers any categories, sources, purposes, and, if applicable, third parties to whom we share the Data. Further, you can exercise any of your rights free of discrimination – for example, we cannot increase the Fees charged to you or decrease the quality of the products or services provided to you because you exercise your rights.

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For more information, please direct your questions to us at info@virtualfork.io.

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OUR SECURITY PRACTICES

The security of your Data is important to us. We use commercially reasonable efforts to store and maintain your Data in a secure environment. We take technical, contractual, administrative, and physical security steps designed to protect Data that you provide to us. We have implemented procedures designed to limit the dissemination of your Data to only such designated personnel as are reasonably necessary to carry out the stated purposes we have communicated to you.

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THIRD-PARTY POLICIES AND DATA SECURITY PRACTICES

You may be able to access third-party websites and other tools and services or products via a link on the Site or made available as part of the Platform orvia our other tools. The privacy policies and data security practices of these third parties are not under our control and may differ from ours. The use of any Data that you may provide to any third parties will be governed by the privacy policies and data security practices of such third party or by your independent agreement with such third party, as the case may be. If you have any doubts about the privacy or security of the information you are providing to a third party, we recommend that you contact that third party directly for more information or to review its privacy policies and data security practices.

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This Privacy Policy does not address, and we are not responsible for, the privacy,information, or other practices of any third parties, including any third party operating any offering, site, or other products or services used in connection with the Platform. That includes Plan Providers and Authorized Payment Processors. The inclusion of a link does not imply endorsement of the linked website or service by us or by our affiliates.

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OUR RETENTION OF DATA

We will keep your Data for as long as it remains necessary for the purposes described in this Privacy Policy or as required by law, which may extend beyond the termination of our relationship with you. We may retain certain Data as necessary to prevent fraud or future abuse, or for legitimate business purposes, such as analysis of De-Identified Usage Data, account recovery, or if required by law. All retained information will remain subject to the terms of this Privacy Policy.

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‍UPDATES TO THIS PRIVACY POLICY

Virtual Fork reserves the right to update this Privacy Policy at any time and for any reason by posting an updated version on the Site and posting a notice to Users concerning the update. Unless stated otherwise, our current Privacy Policy applies to all Data that we have about you and your User Account. The date on which the latest update was made is indicated at the top of this document. We recommend that you print a copy of this Privacy Policy for your reference and revisit this Privacy Policy from time to time to ensure you are aware of any updates.Your continued access to and use of the Platform signifies your acceptance of any updates. If you do not wish to be subject to this Privacy Policy, as updated, you should not access or use any of the features or functions of the Platform or otherwise interact with us on the Site or elsewhere online.

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CONTACT US

You can help by keeping us informed of any changes in your information or circumstances, such as a change of your personal contact information. If you would like to access your information; if you have any questions, comments, or suggestions; or if you find any errors in our information about you, please contact us at info@virtualfork.io.