Telco Sector Exposures Press Announce

Laura Bruck on March 1, 2022

Constella Intelligence Research Detects Significant Exposed Data Records Rampant Cyber Breaches for Top Fortune Global 500 Telecommunications Companies

PRESS RELEASE

LOS ALTOS, Calif., March 1, 2022 — Today, Constella Intelligence (“Constella”), a leader in Digital Risk Protection and Identity Threat Intelligence, announced the release of its Mobile World Congress 2022 Exclusive Report: Telcos & Digital Identity Cyber Risks. The report expands upon Constella’s 2021 Identity Breach Report, outlining new findings regarding exposures, breaches, and leakages within the telecommunications (“Telco”) sector. The analysis specifically reviewed the credentials of employees and executives from the top twenty Telco companies on the Fortune Global 500 list. Constella’s threat intelligence team analyzed data from January 2018 through September 2021, working to understand the digital vulnerabilities that Telco companies face due to exposed records through leakages and data breaches. Among the surface, deep and dark web, Constella’s team identified 4,873 breaches and leakages and 5,561,409 exposed records among Telco industry companies. These exposed records include attributes such as email addresses, passwords, phone numbers, addresses, and usernames connected to employee corporate credentials.“Our new findings highlight the prevalence of data breaches and leakages facing today’s remote workforce,” said Kailash Ambwani, the CEO of Constella Intelligence. “Unaddressed, this exposed data spells serious digital risk for global Telco companies undergoing increasing digitization and transitioning to remote, virtual workforces and operations.”The circulation of sensitive employee data grants threat actors access to execute a wide variety of cyberattacks, including impersonation, phishing, account takeover, and several others that can lead to more sophisticated attacks such as ransomware or coordinated disinformation campaigns.“The Telco sector is in a unique position due to its broad customer base and the desire for ubiquitous data access. As the world’s primary connector between people and information, Telco companies touch nearly everyone’s personal and account information at some point,” said John Masserini, a senior research analyst with TAG-Cyber. “A breach of just one Telco employee’s corporate credentials creates a vulnerability that can lead to a massive data breach affecting millions of customers worldwide.”

This report uncovers the widespread prevalence of breaches and exposures related to the corporate credentials of employees and executives in the Telco sector, detailing the serious risks emerging from exposed sensitive data that negatively impact customers, employees, executives, and brands.

Key Findings:

Constella detected over 5.6M exposed records from almost 5K breaches and data leakages pertaining to corporate credentials since 2018 across the world’s largest Telco companies. The number of exposed records skyrocketed in 2021, accounting for 57% of the 5.6M exposed records.
Exposure of Telco executives and their personal information is widespread – 43% of Telco executives have had their corporate credentials exposed in a breach or leakage since 2018.

Telco employees are likely incurring risk by using corporate credentials on non-essential sites like gaming, social media, and others. 13% of breaches occurred on third-party domains classified as “gaming.” Over two-thirds (67%) of the breaches and leakages identified include personally identifiable information (PII), and diverse attributes. Constella continuously monitors social media as well as the surface, deep and dark web for exposed corporate credentials and other PII with automatic alerts once a threat is detected to protect employees, executives, and companies from a targeted attack.

Download Mobile World Congress 2022 Exclusive Report: Telcos & Digital Identity Cyber Risks.

ABOUT CONSTELLA INTELLIGENCE

Constella Intelligence is a global leader in Digital Risk Protection, safeguarding millions of global users at some of the world’s largest organizations, including many of the largest global Telco companies. Our solutions are a unique combination of proprietary data, technology, and human expertise to anticipate, identify, and remediate targeted threats to your people, your brand and your assets at scale—powered by the most extensive breach and social data collection on the planet, from the surface, deep and dark web, with over 100B attributes and 66 billion curated identity records spanning 125 countries and 53 languages.

Executives and key employees like privileged IT personnel and HR are the new attack vector for cybercriminals as they have top-tier access to sensitive information which can lead to credential theft, account takeover, and a ransomware attack.

Try our Exposure Risk Tool to understand your level of risk and find out if you, your company, or your employees have been exposed – FREE.

Partners with CDA for Cyber Crime Investigations in Banking

Laura Bruck on October 27, 2021

Cyber Defence Alliance partners with Constella Intelligence to Accelerate Cybercrime Investigations in the Banking Sector

PRESS RELEASE

LONDON, October, 27, 2021 — The UK’s Cyber Defence Alliance (CDA), has formed a partnership with Constella Intelligence to accelerate cyber-crime investigations in the banking sector and make use of cyber-crime fighting tools that leverage and champion OSINT data for the purposes of cyber investigations and threat attribution.

CDA is a not-for-profit organisation that works with member banks to jointly tackle cyber-crime and protect the public and financial sector from criminal activity.

Constella Intelligence is a global leader in Digital Risk Protection and has the most extensive breach and social data collection from the surface, deep and dark web on the planet, with over 100 billion attributes and 66 billion curated identity records spanning 125 countries and 53 languages.

The goal of the partnership is to help identify cybercriminals targeting global banks and disrupt fraud in the sector by maximizing the intelligence reach to protect bank staff, customers, and assets from cybercrime. This partnership will enable greater data sharing between key cyber intelligence stakeholders and streamline the processes and technology used to escalate criminal activity to law enforcement to protect the banking sector.“The partnership with Constella enables the CDA to accelerate cyber-crime investigations. Their services allow us to identify criminal activity with a breadth of investigative tools,” said Steven Wilson, CEO of the CDA. “Our mission is to continue to protect our members, disrupt criminal activity, and make customers safer.”

The partnership helps keep Constella and the CDA abreast of technological innovations and investigative approaches to anticipating and identifying cyber-crime in the financial sector. It will combine Constella’s agile product development approach with daily exposure to cyber-crime investigation approaches. Thus, the CDA is championing OSINT automation and Constella’s powerful investigative technology for the frontline.

“Partnering with CDA reinforces our commitment to fighting cyber-crime, specifically in the banking sector,” said Kailash Ambwani, CEO of Constella Intelligence. “We look forward to fostering a strong relationship with CDA and continuing to help in the global mission of defeating digital risk.”

ABOUT THE CYBER DEFENCE ALLIANCE (CDA)

— The Cyber Defence Alliance (CDA) is a non-profit public-private partnership that works collectively and collaboratively across the financial sector and with law enforcement to pro-actively share information to fight cybercrimes and threats. They analyse information turning it into actionable intelligence for the banking sector and law enforcement.

— The CDA is led by the industry for industry, with the rationale that an attack against one bank is an attack against all and that security is not a competitive advantage. The cornerstone of the CDA is trust and trusted relationships, which leads to the sharing of information and resources.

— Their mission is to support the sector to proactively detect, deter, disrupt, and stop emerging threats, to share resources/expertise and knowledge to increase maturity levels and resilience and to support law enforcement action against criminal networks threatening the industry and its customers.

ABOUT CONSTELLA INTELLIGENCE

Constella Intelligence is a global leader in Digital Risk Protection that works in partnership with some of the world´s largest organizations to safeguard what matters most and defeat digital risk. Our solutions are a unique combination of proprietary data, technology, and human expertise to anticipate, identify, and remediate targeted threats to your executives, your brand, and your assets at scale—powered by the most extensive breach and social data collection from the surface, deep and dark web on the planet, with over 100B attributes and 45 billion curated identity records spanning 125 countries and 53 languages.

Constella Intelligence Contact:
Lindsay Whyte
lindsay.whyte@constellaintelligence.com

CDA Contact:
Moustafa Fadel Ahmed
Moustafa.Fadel@cda.financial

End User License Agreement – Reseller Channel

Laura Bruck on September 13, 2021

End User License Agreement – Reseller Channel

End User License Agreement – Reseller Channel

EULA Last Updated: August 20, 2021

Introduction

This End User License Agreement (this “EULA”) applies by and between Constella Intelligence, Inc. (“Constella”, “we”, or “us”) and the customer/user (the “Customer”, or “you”) who is accessing or using one or more Applications (as defined below) by purchasing through one or more resellers. By accessing or using any Application, you agree to be bound by this EULA. If you do not agree to this EULA, you are not allowed to access or use any Application. The “Effective Date” of this EULA is the date you first access or use any Application.

If you are accessing or using an Application in your capacity as an employee, consultant or agent of the contracting entity, you represent that you are an employee, consultant or agent of that entity, and that you have the authority to bind that entity to this EULA. For the purpose of this EULA, you (and, if applicable, the entity that you represent) will be referred to as “Customer” or “you”.

Constella reserves the right to change or modify this EULA, or any of our other policies or guidelines, at any time upon notice to you. We may provide that notice in a variety of ways, including, without limitation, sending you an email or posting the revised EULA on Constella’s web site and revising the date at the top of this EULA. Any changes or modifications will be effective after we provide notice that this EULA has been modified. You acknowledge that your continued access or use of any Application following such notice constitutes your acceptance of the modified EULA.

This EULA forms a binding agreement between you and Constella.

1. Definitions

1.1 “Constella Data” means any and all data that is made available to you as a result of your use of or access to the Application.

1.2 “Application” means, individually and collectively, each of the Constella-proprietary applications made available to Customer hereunder. The current list of available Applications is set forth at https://constellaintelligence.com/our-offer.

1.3 “Call Limits” means the limits, if any, set forth in the Order Form regarding the number of seats, tasks, queries or calls that you are authorized to use or make via the applicable Application, and/or the amount of data you are authorized to store on, or transfer to or from, Constella’s servers.

1.4 “Client” means a client of Customer (whether directly or through multiple tiers) to whom Customer is providing products or services that utilize, include, or reference the Constella Data, or any other element of an Application.

1.5 “Customer Data” means any data or other content that you either: (i) publish, upload to, or use in conjunction with an Application; (ii) make available in conjunction with an Application, or (iii) allow an Application to access.

1.6 “Customer Systems” means any of your (or your contractors’ or agents’) computer systems that are used in conjunction with the Application or any Constella Data.

1.7 “Documentation” means any manuals, guides, documentation and other supporting materials related to an Application that Constella makes generally available to our customers. Documentation is considered part of the applicable Application.

1.8 “Fees” means, collectively: (i) the fees that you are required to pay to use and/or access an Application during the applicable Subscription Term, as such fees are reflected on each applicable Order Form; and (ii) the fees that you are required to pay for any Professional Services you engage us to perform, as such fees are reflected on each applicable SOW or Order Form.

1.9 “Intellectual Property Rights” means patent rights (including, without limitation, patent applications and disclosures), copyrights, trade secrets, trademarks, know-how and any other intellectual property rights recognized in any country or jurisdiction in the world.

1.10 The “Order Form” means the form you use to order Application(a) and/or Professional Services from your reseller.

1.11 “Professional Services” means training, consulting, or implementation services that we provide to you pursuant to an Order Form or Statement of Work. Professional Services do not include support, or any Application.

1.12 “Purpose” means the specific purpose(s) for which you are permitted to use each Application, as set forth in the applicable Order Form.

1.13 “Reports” means, collectively, any reports that are created through your use of an Application.

1.14 “Statement of Work” or “SOW” means a mutually executed statement of work detailing the Professional Services we will perform for you, their price, and your related obligations (if any). Upon execution by the parties, each SOW will be subject to this EULA.

1.15 “Subscription Term” means the time period set forth on the Order Form that you will allowed to use the Application. If no time period is set forth on the Order Form, the Subscription Term will be one (1) year from the date of last signature of the Order Form.

1.16 “Third Party Services” means, collectively, any applications, interfaces, software, or services not operated or provided by Constella.

Application

2.1 Access Grant. Subject to your continued compliance with this EULA, Constella grants you a limited, non-transferable, non-exclusive license to access and use each Application that you have ordered in the applicable Order Form for the applicable Subscription Term, solely for the Purpose, and subject to the Call Limits set forth in the Order Form. The Application will be deemed accepted when made to available to Client pursuant to this EULA.

2.2 Restrictions. As between the parties, Constella owns all right, title and interest in and to each Application and the Constella Data, and all Intellectual Property Rights therein. Constella reserves all rights not expressly granted to you in this EULA. You acknowledge and agree that you may not, unless otherwise expressly permitted in this EULA or in the applicable Order Form: (a) modify, disclose, alter, translate or create derivative works of any Application, or any Constella Data; (b) license, sublicense, resell, distribute, lease, rent, lend, transfer, assign or otherwise dispose of any Application or any Constella Data (or any components thereof); (c) offer any part of an Application or the Constella Data on a timeshare or service bureau basis; (d) allow or permit any third party to access or use an Application or the Constella Data; (e) use an Application to store or transmit any viruses, software routines, or other code designed to permit anyone to access in an unauthorized manner, disable, erase or otherwise harm software, hardware, or data, or to perform any other harmful actions; (f) build a competitive product or service, or copy any features or functions of an Application (including, without limitation, the look-and-feel of an Application) or the Constella Data; (g) interfere with or disrupt the integrity or performance of an Application; (h) publicly disclose to any third party any performance information or analysis relating to an Application; (i) remove, alter or obscure any proprietary notices in or on an Application or any Constella Data, including copyright notices; (j) use an Application, the Constella Data, or any product thereof for any illegal or unauthorized purpose, or in a manner which violates applicable law or regulation; (k) use an Application or the Constella Data for any purpose other than the Purpose set forth in this EULA and the applicable Order Form; (l) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms that make up an Application or any software, documentation, or data relating to an Application, except to the limited extent that applicable law prohibits such a restriction; (m) to the extent that the license provides a specific number of seat licenses, allow multiple users to use the same seat license (notwithstanding the foregoing, you can transfer seat licenses from one use to another); or (n) cause or permit any third party (including, without limitation, any Client) to do any of the foregoing.

2.3 Exceeding Call Limits. If you exceed the Call Limits set forth in an applicable Order Form, Constella may, in its sole discretion and at is option, and in addition to any other rights or remedies available to it at law or in equity: (i) elect to charge Constella’s then-current rates for any overages; or (ii) suspend your use of the Application until the Call Limits are no longer exceeded.

2.4 Right to Modify the Application. You acknowledge that we reserve the right – at any time, and without notice or liability to you – to modify each Application, or any part of it, temporarily or permanently. We may modify an Application for a variety of reasons, including, without limitation, for the purpose of providing new features, implementing new protocols, maintaining compatibility with emerging standards, or complying with regulatory requirements. We will not modify an Application in any way that materially decreases its features or functionality during the then-current Subscription Term.

2.5 Registration. Promptly after the execution of each Order Form, we will make the Application(s) available to you. You will be required to provide accurate, current and complete information about you as part of the registration process that enables you to access each Application (“Registration Data”). You agree: (i) to maintain the security of your password(s) that you use to access each Application; (ii) to maintain and promptly update your Registration Data (as well as any other information you provide to us) and to keep it accurate, current and complete; (iii) to accept all risks of unauthorized access to your Registration Data, and any other information you provide to us, via your account(s) or password(s); (iv) that you are responsible for maintaining the security of your account and safeguarding your password(s); and (v) that you will be fully responsible for any activities or transactions that take place using your account(s) or password(s).

2.6 Third Party Services (Hunter Application Only). You may elect to access or use one or more Third Party Services in conjunction with your use of the “Hunter” Application. Constella is not responsible for the operation of any Third Party Services, nor the availability or operation of the “Hunter” Application to the extent that you make such availability and/or operation dependent upon the proper functioning of any Third Party Services. You are solely responsible for procuring any and all rights and licenses necessary for you to access any Third Party Services, and for complying with any applicable terms or conditions thereof. We do not make any representations or warranties with respect to any Third Party Services, or the providers thereof. Any exchange of data or other interaction between you and a Third Party Service is at your sole risk, and any such exchange will be governed solely by such the Third Party Services’ terms and conditions.

2.7 Data Processing Amendment; Acceptable Use Policy. The parties agree to the terms of the Data Processing Amendment (the “DPA”), found at https://constellaintelligence.com/support/dpa. You understand and agree that your use of each Application is at all times subject to your compliance with the then-current Acceptable Use Policy (the “AUP”), found at https://constellaintelligence.com/support/aup. The DPA and AUP are hereby incorporated into this Agreement by this reference.

2.8 Support. Provided that you have paid all applicable Fees, we will provide you with support for each Application, as more fully described in and in accordance with the support terms set forth at https://constellaintelligence.com/support (the “Support Terms”). Standard support may be included in the cost of the Application, while premium support may be obtained for an additional fee. To the extent that you are slated to receive support in the relevant Order Form, you will receive such support in accordance with the Support Terms, which are incorporated by reference into this EULA. You will provide us with access to any Customer Systems necessary for us to provide support. For the avoidance of doubt: (i) we will not be liable for any failure to provide support that is due to your failure to provide us with all necessary access to Customer Systems; and (ii) you at all times are and will be responsible for all aspects of any Customer Systems.

2.9 Ownership; Feedback. As between the parties, Constella retains all right, title, and interest in and to each Applications and the Constella Data, and all Intellectual Property Rights therein. We reserve all rights not expressly granted to you in this EULA. You acknowledge that, to the extent that you provide us with any suggestions, comments, or other feedback with respect to any Application or any other Constella product or service (collectively, “Feedback”), you grant us a perpetual, irrevocable, royalty-free, fully paid up, sublicensable right and license to fully exploit such Feedback for any purpose, without restriction.

3. Customer Data. As between the parties, you own your Customer Data. You acknowledge and agree that you are fully responsible for the Customer Data, irrespective of whether you were the original creator of the Customer Data. By making the Customer Data available to us or to the Application, you grant us a worldwide, royalty-free, and non-exclusive license to use, reproduce, modify, adapt and publish the Customer Data for the purpose of providing the Application to you. By making Customer Data available to us or to the Application, you represent and warrant that: (i) the Customer Data does not and will not infringe, violate or misappropriate the Intellectual Property Rights of any third party; (ii) you have obtained all rights and permissions necessary to use the Customer Data in the manner in which you have used it; (iii) the Customer Data does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive code; and (iv) our use of the Customer Data for the purpose of providing the Application does not and will not (a) violate any applicable law or regulation, or (b) infringe, violate, or misappropriate the Intellectual Property Rights of any third party.

4. Government Users. We do not develop any technical data or computer software pursuant to this EULA. The Application and Documentation have been developed solely with private funds, are considered “Commercial Computer Software” and “Commercial Computer Software Documentation” as described in FAR 12.212, FAR 27.405-3, and DFARS 227.7202-3, and access is provided to U.S. Government end users as restricted computer software and limited rights data. Any use, disclosure, modification, distribution, or reproduction of the Application or Documentation by the U.S. Government, its end users or contractors is subject to the restrictions set forth in this EULA.

5. Professional Services. From time to time during the term of this EULA, you may order Professional Services from us via an Order Form or an SOW. If an SOW is required to more fully define or detail any Professional Services ordered via an Order Form, the parties will execute an SOW for that purpose (for the sake of clarity, however, the lack of an SOW will in no way impact the validity of Professional Services ordered via an Order Form, or your obligation to pay for those Professional Services). Each SOW will be binding once both parties sign it, and the parties agree that any Professional Services we provide to you (whether pursuant to a SOW or not) will be provided pursuant to this EULA. In the event of any conflict between the terms of this EULA and any SOW, this EULA will control. Provided you comply with the terms of this EULA (including, among other things, paying us the Fees), we will perform the Professional Services described in each SOW, according to the timeframes set forth in that SOW. We will control the manner and means by which the Professional Services are performed, and we reserve the right to determine which personnel we assign to perform Professional Services for you. Provided we remain responsible for all of their acts and omissions, we can use third parties to help us perform the Professional Services. You acknowledge that we retain all right, title and interest in and to anything we use or develop in connection with performing Professional Services for you, including, among other things, software programs, tools, specifications, ideas, concepts, inventions, processes, techniques, and know-how. To the extent that we deliver anything to you during the course of performing Professional Services (collectively, “Deliverables”), we grant you a non-exclusive, non-transferable, worldwide, royalty-free, limited-term license to use the Deliverables during the term of this EULA, solely in conjunction with your use of the Application. You may not copy, modify, or otherwise create derivative works of any Deliverables without our prior written consent in each case. To the extent that we provide you with Reports, you may freely use the content of such Reports (even if you are not using an Application), provided that such use is for the Purpose.

6. Payment. You are responsible to pay all applicable Fees and taxes to your reseller. If you do not pay your reseller on time, we reserve the right to suspend or terminate your access to the Application without liability to use.

7. Reserved.
8. Term and Termination.

8.1 Term. This EULA begins on the Effective Date and, unless terminated earlier as provided for herein, will remain in effect for as long as there is a Subscription Term, Order Form, or SOW for Professional Services outstanding.

8.2 No Termination for Convenience. We offer our Applications on an annual subscription basis. With that in mind, you cannot terminate any Order Form for your convenience during the applicable Subscription Term.

8.3 Termination for Cause. Either party can terminate this EULA, any Order Form or SOW for cause immediately upon written notice to the other if the other party breaches any part of this EULA or the applicable Order Form or SOW and fails to cure the breach within thirty (30) days of receiving written notice of it from the non-breaching party. We reserve the right to terminate this EULA or any Order Form or SOW for cause immediately upon written notice to you, and without giving you a cure period, if you breach any of the terms of this EULA relating to our intellectual property (including your compliance with the license/access grant and any license/access restrictions) or our Confidential Information (defined below).

8.4 Right to Suspend Access to Application. Without limiting any of our other rights in this Section 8, we have the right, in our sole discretion, to suspend your ability to access the Application (in whole or in part), without liability, under the following circumstances: (i) for scheduled or emergency maintenance to the Application, or any part thereof; (ii) if we reasonably believe that you are using the Application or the Constella Data in violation of this EULA, the AUP, or applicable law; (iii) if we reasonably believe that your use of the Application poses a security risk to us or to any third party; (iv) if required by law enforcement or government agency, or otherwise in order to comply with applicable law or regulation; (v) if you are using the Application or Constella Data other than for the Purpose; or (vi) if you fail to fulfill your payment obligations hereunder.

8.5 Effect of Termination.

When this EULA or any Order Form or SOW terminates or expires: (i) you will no longer have the right to use or access the Application identified in the terminated/expired Order Form as of the date of termination/expiration; (ii) all licenses we grant you in this EULA or the Order Form, as applicable, will immediately cease to exist as of the date of termination/expiration; (iii) except as otherwise set forth in Section 8.6 below, we may delete your Customer Data, and we will not be responsible or liable to you if you are unable to access or recover your Customer Data following termination/expiration; and (iv) each of us will promptly return to the other (or, if the other party requests it, destroy) all Confidential Information belonging to the other. Sections 1, 2.2, 2.9, 6, 8.5, 8.6, 9.2, and 10 through 14 will survive the termination or expiration of this EULA for any reason.

8.6 Data Retention. You may request the destruction of Customer Data in our possession or control, provided that you provide us with formal written notice of such request within ninety (90) days of the termination or expiration of this EULA, and further provided that you promptly respond to our requests for additional information relating thereto. At the conclusion of this ninety (90) day period, Constella may, at its sole discretion, elect to destroy the Customer Data. In the event that you make a request of us pursuant to this Section 8.6, we will use our reasonable efforts to comply with the request within five (5) business days of receiving it, and we will confirm once the Customer Data has been destroyed.

9. Limited Warranty; Disclaimer.

9.1 Limited Warranty. Constella represents and warrants solely to you that: (i) Constella has the power and authority to enter into this EULA and to perform its obligations hereunder; (ii) Constella’s performance under this EULA will not conflict with obligations it has to any third party; (iii) Constella has the right to provide access to the Application(s) and the Constella Data as provided herein; and (iv) Constella will provide support pursuant to this EULA in a professional and workmanlike manner.

9.2 Disclaimer. THE LIMITED WARRANTIES SET FORTH ABOVE ARE THE ONLY WARRANTIES WE MAKE WITH RESPECT TO EACH APPLICATION, THE CONSTELLA DATA, THE SUPPORT, AND THE PROFESSIONAL SERVICES. YOU ACKNOWLEDGE THAT, EXCEPT AS EXPRESSLY SET FORTH IN SECTION 9.1, EACH APPLICATION, THE CONSTELLA DATA, SUPPORT, AND PROFESSIONAL SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND THAT YOUR USE OF EACH APPLICATION, THE CONSTELLA DATA, SUPPORT, AND THE PROFESSIONAL SERVICES ARE AT YOUR SOLE RISK. CONSTELLA DOES NOT WARRANT: (I) THAT ANY APPLICATION, THE CONSTELLA DATA, SUPPORT, OR PROFESSIONAL SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS, (II) THAT ANY APPLICATION, THE CONSTELLA DATA, SUPPORT, OR PROFESSIONAL SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANY APPLICATION, THE CONSTELLA DATA, SUPPORT, OR THE PROFESSIONAL SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU PURCHASE OR OBTAIN THROUGH ANY APPLICATION, SUPPORT, THE CONSTELLA DATA, OR PROFESSIONAL SERVICES WILL MEET YOUR EXPECTATIONS, OR (V) THAT ANY ERRORS IN ANY APPLICATION, SUPPORT THE CONSTELLA DATA, OR PROFESSIONAL SERVICES WILL BE CORRECTED. CONSTELLA SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

10. Indemnification.

10.1 Constella Indemnity. Constella agrees to defend (or settle, at Constella’s option and expense), indemnify and hold Customer (and its directors, officers, employees, consultants and agents) harmless from and against any and all actual or threatened suits, actions, proceedings (whether at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and reasonable expenses (including, without limitation, reasonable attorneys’ fees, costs, penalties, interest and disbursements) arising out of or relating to any third-party claim brought against Customer to the extent that it is based on an allegation that Customer’s use of the Application as permitted under this EULA infringes a U.S. patent or copyright or misappropriates a trade secret of any third party (each, a “Claim”), provided that Customer notifies Constella in writing of any such Claim as soon as reasonably practicable and allows Constella to control, and reasonably cooperates with Constella in the defense of, any such Claim and related settlement negotiations. Constella will have no obligation to indemnify Customer for any Claim that is based upon (i) the modification of the Application or the Constella Data, unless Constella or its designee were the ones who made the modifications; (ii) Customer’s use of the Application or the Constella Data other than as authorized by this EULA, the Order Form, or the applicable Documentation; or (iii) the combination, operation or use of the Application or the Constella Data with equipment, devices, software, systems, or data that Constella did not supply or authorize in writing, unless the Claim would have arisen irrespective of such combination, operation, or use. If Customer’s use of the Application is, or in Constella’s reasonable opinion is likely to be, subject to a Claim under this Section 10.1, Constella may, at its sole option and at no charge to Customer (and in addition to Constella’s indemnity obligation to Customer in this Section 10.1): (i) procure for Customer the right to continue using the Application; (ii) replace or modify the Application so that it is non-infringing; or (iii) if options (i) and (ii) above are not commercially practicable in Constella’s reasonable estimation, Constella may terminate this EULA and/or all affected Order Forms (in which event, Customer will immediately stop using the affected Application) and refund any pro-rata portion of the prepaid Fees that Customer paid to Constella for the then-current Subscription Term for each terminated Order Form. THIS SECTION 10.1 SETS FORTH CONSTELLA’S SOLE AND EXCLUSIVE OBLIGATIONS, AND CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES, WITH RESPECT TO CLAIMS OF INFRINGEMENT OR MISAPPROPRIATION OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.

10.2 Customer Indemnity. Except to the extent that Constella owes an indemnity to Customer pursuant to Section 10.1 above, Customer agrees, at its sole expense, to defend, indemnify and hold Constella (and its directors, officers, employees, consultants and agents) harmless from and against any and all actual or threatened suits, actions, proceedings (whether at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, without limitation, reasonable attorneys’ fees, costs, penalties, interest and disbursements) arising out of or relating to (i) the Customer Data; (ii) Customer’s use of the Application, the Constella Data, or any Professional Services; (iii) Customer’s failure to pay any taxes owed under this EULA; (iv) Customer’s provision of products or services to any Client; (v) Customer’s breach of the AUP; (vi) Customer’s breach of any applicable law or regulation; and (vii) any other actual or alleged breach of any of Customer’s obligations under this EULA. Customer will not settle any such claim in any manner that would require Constella to pay money or admit wrongdoing of any kind without Constella’s prior written consent, which Constella may withhold in its sole discretion.

11. Limitation of Liability

11.1 Limitation of Total Liability. UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL CONSTELLA’S TOTAL, AGGREGATE LIABILITY TO YOU OR TO ANY THIRD PARTY ARISING OUT OF OR RELATED TO THIS EULA OR YOUR USE OF (OR INABILITY TO USE) ANY PART OF ANY APPLICATION, THE CONSTELLA DATA, OR THE PROFESSIONAL SERVICES EXCEED THE TOTAL AMOUNT OF FEES YOU ACTUALLY PAID UNDER THE AFFECTED ORDER FORM DURING THE TWELVE (12) MONTHS IMMEDIATELY PRIOR TO THE ACCRUAL OF THE FIRST CLAIM. MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMITATION.

11.2 Waiver of Consequential Damages. UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL CONSTELLA BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, LOSS OF REVENUE, LOSS OF GOODWILL, INTERRUPTION OF BUSINESS, LOSS OF DATA, OR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF, OR IN CONNECTION WITH THIS EULA OR YOUR USE (OR INABILITY TO USE) ANY PART OF ANY APPLICATION, THE CONSTELLA DATA, OR THE PROFESSIONAL SERVICES, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF CONSTELLA HAS BEEN ADVISED OR IS OTHERWISE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

11.3 Basis of Bargain. THIS SECTION (LIMITATION OF LIABILITY) WILL BE GIVEN FULL EFFECT EVEN IF ANY REMEDY SPECIFIED IN THIS EULA IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

12. Confidential Information.
12.1 Definition. For the purposes of this EULA, “Confidential Information” means any technical or business information disclosed by one party to the other that: (i) if disclosed in writing, is marked “confidential” or “proprietary” at the time of disclosure; (ii) if disclosed orally, is identified as confidential or proprietary at the time of such disclosure, and is summarized in a writing sent by the disclosing party to the receiving party within thirty (30) days of the disclosure; or (iii) irrespective of the manner of disclosure, which the receiving party should reasonably understand to be confidential or proprietary to the disclosing party. For the purposes of this EULA, you agree that the Feedback, any Deliverables we provide to you, and any non-public elements of each Application (including, without limitation, the source code of any Constella-proprietary software), will be deemed to be Constella’s Confidential Information, regardless of whether it is marked as such. Customer Data will be considered Customer’s Confidential Information, regardless of whether it is marked as such.

12.2 Restrictions on Use and Disclosure. Neither of us will use the other party’s Confidential Information, except as permitted under this EULA. Each of us agrees to maintain in confidence and protect the other party’s Confidential Information using at least the same degree of care as it uses for its own information of a similar nature, but in all events at least a reasonable degree of care. Each of us agrees to take all reasonable precautions to prevent any unauthorized disclosure of the other party’s Confidential Information, including, without limitation, disclosing Confidential Information only to its employees, independent contractors, consultants, and legal and financial advisors (collectively, “Representatives”): (i) with a need to know such information, (ii) who are parties to appropriate agreements sufficient to comply with this Section 12, and (iii) who are informed of the nondisclosure obligations imposed by this Section 12. Each party will be responsible for all acts and omissions of its Representatives. The foregoing obligations will not restrict either party from disclosing Confidential Information of the other party pursuant to the order or requirement of a court, administrative agency, or other governmental body, provided that the party required to make such a disclosure gives reasonable notice to the other party to enable them to contest such order or requirement.
12.3 Exclusions. The restrictions set forth in Section 12.2 will not apply with respect to any Confidential Information that: (i) was or becomes publicly known through no fault of the receiving party; (ii) was rightfully known or becomes rightfully known to the receiving party without confidential or proprietary restriction from a source other than the disclosing party who has a right to disclose it; (iii) is approved by the disclosing party for disclosure without restriction in a written document which is signed by a duly authorized officer of such disclosing party; or (iv) the receiving party independently develops without access to or use of the other party’s Confidential Information.

13. Trademarks. You acknowledge and agree that any Constella names, trademarks, service marks, logos, trade dress, or other branding included as part of the Application or on our website(s) (collectively, the “Marks”) are owned by Constella and may not be copied, imitated, or used (in whole or in part) without Constella’s prior written consent. All other trademarks, names, or logos referenced as part of the Application or on our website(s) (collectively, “Third-Party Trademarks”) are the property of their respective owners, and the use of such Third-Party Trademarks inure to the benefit of their respective owners. The use of such Third-Party Trademarks is intended to denote interoperability, and does not constitute an affiliation by Constella or its licensors with any company or an endorsement or approval by that company of Constella, its licensors, or their respective products or services. At no time during or after the term of this EULA will Customer challenge or assist others to challenge any Marks or the registration thereof, or register or attempt to register any marks or trade names that are confusingly similar to those of Constella.

14. General Provisions.

14.1 Entire Agreement; Amendments; No Other Terms. This EULA, including each link referenced herein, along with each Exhibit and mutually-executed Order Form and SOW, constitutes the complete and exclusive understanding of the parties with respect to its subject matter, and supersedes all previous or contemporaneous agreements or communications, whether written or oral, relating to its subject matter. As noted above, Constella reserves the right to change or modify this EULA, or any of our other policies or guidelines, at any time upon notice to you. This EULA is the only agreement between us, and the terms of any purchase order, written terms or conditions, or other document that you send to us that contains terms that are different from, in conflict with, or in addition to the terms of this EULA are hereby rejected by Constella, and will be void and of no effect.

14.2 Governing Law and Jurisdiction. This EULA will be governed by and construed in accordance with the laws of the State of California, without regard to that State’s conflict of law principles. Any legal action or proceeding arising under, related to or connected with this EULA will be brought exclusively in the federal (if they have jurisdiction) or state courts located in Santa Clara County, California, and the parties irrevocably consent to the personal jurisdiction and venue of such court(s). The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act will not apply to this EULA. If a party initiates any proceeding regarding this EULA, the prevailing party to such proceeding is entitled to reasonable attorneys’ fees and costs.

14.3 Assignment. Neither party may assign this EULA, in whole or in part, by operation of law or otherwise, without the prior written consent of the other party, and any attempted transfer, assignment or delegation without such consent will be void and of no effect. Notwithstanding the foregoing, however, each party may assign this EULA in its entirety, upon written notice but without the requirement to obtain consent, to an affiliate of that party or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of that party’s business or assets. Subject to the foregoing, this EULA will be binding upon and will inure to the benefit of the parties and their respective representatives, heirs, administrators, successors and permitted assigns.

14.4 Controlling Language. The original version of this Agreement is drawn up in English, and the English version of this Agreement shall prevail in the event of any conflict with any version of this Agreement or portion thereof that has been translated into another language (including Spanish).

14.5 Miscellaneous. Except as expressly set forth in this EULA, the exercise by either party of any of its remedies will be without prejudice to its other remedies under this EULA or otherwise. The failure by a party to enforce any part of this EULA will not constitute a waiver of future enforcement of that or any other provision. Any waiver of any provision of this EULA will be effective only if in writing and signed by an authorized representative of the waiving party. You acknowledge that you are responsible for complying with all applicable laws and regulations associated with your access and use of each Application and the Constella Data, including, without limitation, all applicable data privacy, security, and export control laws and regulations. If any portion of this EULA is held to be unenforceable or invalid, that portion will be enforced to the maximum extent possible, and all other provisions will remain in full force and effect. Except for payments due under this Agreement, neither party will be responsible for any delay or failure to perform that is attributable in whole or in part to any cause beyond its reasonable control. The parties are independent contractors with respect to the subject matter of this EULA. Nothing contained in this EULA will be deemed or construed in any manner whatsoever to create a partnership, joint venture, employment, agency, fiduciary, or other similar relationship between us, and neither party can bind the other contractually.

Datalake Privacy Notice

Laura Bruck on August 2, 2021

Datalake Privacy Notice

Datalake Privacy Notice

Last Updated: December 11th, 2023

Constella Intelligence, Inc. (“Constella”, “we”, or “us”) continuously collects exposed identity information found in open sources on the surface, social, deep, and dark web, and places that data into one or more of our proprietary Constella IDLake databases (collectively, the “Datalake”). We offer access to the Datalake as a part of the products and services we provide to clients (collectively, the “Services”) to help investigators to, among other things, combat fraud, money laundering, counter terrorism financing, insider threats and other cyber crimes, and to protect consumers from identity theft and account takeover, as further described in this Datalake Privacy Notice (this “Privacy Notice”).

This Privacy Notice applies to Constella’s collection, using, sharing, and processing of data collected from available open sources on the Internet for use in the Datalake. For the avoidance of doubt, our Datalake may or may not include your Personal Data. This Privacy Notice only applies to the extent that your Personal Data is actually collected by Constella from the Internet as described in this Privacy Notice and included in our Datalake. For information on how we collect, share, use, and protect your Personal Data when you visit or use our online service, including Constella websites, Constella products and services offered at /, and any other online services offered by Constella and its affiliates, please refer to our Website Privacy Policy.

This Privacy Notice supplements (and does not supersede) our Website Privacy Policy; however, in the event of any conflict, this Privacy Notice shall prevail with respect to the subject matter governed by this Privacy Notice. Capitalized terms that are not defined below have the definitions given them in our Website Privacy Policy .

Categories of Personal Data We Collect

In the process of collecting data for the Datalake, we may collect any exposed data about you (including Personal Data) that can be found in open sources on the surface, social, deep, and dark web.

In most cases, the categories of Personal Data we collect through the Internet may include the following exposed identity information:

First and last name
Username (associated with third party online accounts)
Email
Telephone

In limited cases, the categories of Personal Data we collect through the Internet may also include:

Date of birth
Physical address
Unique personal identifiers, e.g. social security number, tax ID, driver’s license number, passport number, other national identification number
Professional or employment-related information, e.g. company name, company website, professional identifier numbers, usernames, and passwords
Credit card number, bank account number, insurance account number

We do not review each element of the data we collect for the Datalake, nor do we have the ability to separate out specific data elements from any specific source or breach corpus that we find on open sources on the Internet. As such, while data that we collect for the Datalake may contain your Personal Data, we have no control over what data is included in each source or breach corpus.

How We Use Your Personal Data

We use and process data (including Personal Data) that we collect from available open sources on the Internet as described in this Privacy Notice for the following purposes:

To offer and enable clients to use the Services, which are designed to, among other things, protect against or deter fraudulent, illegal or harmful actions and to assist our clients with maintaining the safety, security and integrity of their products and information relating to their customers (which may include you). Please refer to the subsection titled “Our Use of the Information for Datalake” below for details.
To improve and develop the Services, including testing, research, analysis and product development.
To comply with our legal or contractual obligations, resolve disputes, and enforce our Terms of Use.
To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
For any other purpose permitted by applicable data privacy laws, such as the California Consumer Privacy Act (the “CCPA”).

We will not use the Personal Data we collected for materially different, unrelated, or incompatible purposes.

Our Use of the Data for the Datalake

As noted in the list above, we use the data (including Personal Data) collected from the Internet to create, improve, and supplement the Datalake and to identify correlations between data records in order to deter fraudulent, illegal or harmful actions, and to protect the safety, security and integrity of your data, our clients, and the internet community generally. Specifically, the Services use such data for the following purposes (see Constella Acceptable Use Policy or AUP)

Fraud/Criminal Investigations: Performing investigations into or related to countering fraud, anti-money laundering (AML), counter-terrorism finance (CTF), or criminal activity.

Know Your Customer (KYC)/Customer Due Diligence: Performing KYC or other forms of identity verification, due diligence, and validation, but not for Fair Credit Reporting Act (FCRA) purposes.
Identity Theft Protection/Account Takeover (ATO)/Executive Monitoring (EM)/Domain Monitoring (DM): Providing protection services to end customers or employees.
Cyber Security Analysis/Incident Response (IR): Investigating security events and incidents.

Note that we require our clients of the Services to only use the Services pursuant to the AUP. Specifically, our AUP prohibits all uses and activities involving the Services that are illegal, that infringe the rights of others, that interfere with or diminish the use of the Services by others, or that otherwise adversely affect the Services or Constella. For more information, please review the AUP in full.

How We Share Your Personal Data

Categories of Third Parties with Whom We Share Personal Data

Clients: To the extent that a client purchases access to Services that require access to elements of the Datalake, such access will be provided for the purpose of detecting or deterring fraudulent, illegal or harmful actions and to maintaining the safety, security and integrity of their products and information relating to their individual customers (which may include you). Given the fact that the Datalake may or may not contain your Personal Data, it is possible that a client may receive access to that Personal Data during the course of accessing the Services.
- In most cases, our clients share specific types of Personal Data about you with us in the first place, and our clients are responsible for obtaining your consent for such sharing. The Services process such data with the goal of determining whether there is a correlation with the data records we have in the Datalake. To the extent that Personal Data is contained in the Datalake results, we only share Personal Data for this purpose according to the specific criteria of the data search or requests as instructed by our clients. For clarity, we do not compile your Personal Data to create a profile.
- In rare cases, we grant access to our Datalake to a very limited and select group of customers, consisting of, for example, law enforcement agencies, government organizations, fraudulent investigation firms, and banks, for them to draw connections and associations between bits of data in various parts of our Datalake for the sole purpose of detecting fraudulent, illegal or harmful actions and determining the identity of bad actors.
Service Providers
- These are third parties that host the Services on our behalf to enable our provision of the Services, such as AWS. Our hosting service providers store and host the Datalake, which is encrypted by us.
Acquirers
- The Datalake (which may include your Personal Data) and the Services may also be transferred to a third party if we undergo a merger, acquisition, bankruptcy or other transaction in which that third party assumes control of our business (in whole or in part).

Disclosures of Personal Data for a Business Purpose

We disclose your Personal Data to service providers and other parties for the following business purposes:

Auditing related to a current interaction and concurrent transactions, including, but not limited to, auditing compliance with this specification and other standards.
Detecting security incidents, protecting against malicious, deceptive, fraudulent or illegal activity, and prosecuting those responsible for that activity.
Debugging to identify and repair errors that impair existing intended functionality.
Short-term, transient use of Personal Data that is not used by another party to build a consumer profile or otherwise alter your consumer experience outside the current interaction.
Performing services on our behalf, including providing hosting services on our behalf.
Undertaking internal research for technological development and demonstration.
Undertaking activities to verify or maintain the quality or safety of a service or device that we own, manufacture (or that was manufactured for us) or control.

Data Security and Retention

We seek to protect your Personal Data from unauthorized access, use and disclosure using appropriate physical, technical, organizational and administrative security measures based on the type of Personal Data and how we are processing that data. For example, the Services that permit access to the Datalake use industry standard Secure Sockets Layer (SSL) technology to allow for the encryption of Personal Data in our control. You should also help protect your data by appropriately selecting and protecting your password and/or other sign-on mechanism; limiting access to your computer or device and browser; and signing off after you have finished accessing your account with any online services.

To the extent that the Datalake contains your Personal Data, we will retain that Personal Data for at least ten (10) years. After the initial ten (10) year period has expired, Constella will review that Personal Data on an annual basis to determine whether it remains relevant to or necessary for the provision of Services. If Constella determines that the Personal Data is no longer relevant to or necessary for the provision of the Services, the Personal Data will be deleted.

In some cases we may retain Personal Data for longer periods if doing so is necessary to comply with our legal obligations, resolve disputes, or is otherwise permitted or required by applicable law, rule or regulation. We may further retain information in an anonymous or aggregated form where that information would not identify you personally.

California Resident Rights

If you are a California resident, you have the rights set forth in this section. Please see the “Exercising Your Rights” section below for instructions regarding how to exercise these rights.

If there are any conflicts between this section and any other provision of this Privacy Notice and you are a California resident, the portion that is more protective of Personal Data shall control to the extent of such conflict. If you have any questions about this section or whether any of the following rights apply to you, please contact us at privacy@constellaintelligence.com.

For the sake of clarity, the rights set forth in this Section V do not cover data that may be collected through your use of the Services generally. Please refer to our Website Privacy Policy for more information on your rights with respect to data that may be collected through your use of the Services generally.

Exercising Your Rights

Please follow the instructions and requirements described below and on our websites when submitting your requests. Requests that fail to comply with any of these instructions and requirements may result in delayed or no response.

To exercise the rights described below as a California resident, you must send us a request (1) that provides sufficient information (including, without limitation, email verification) to allow us to verify that (i) you are the person about whom we have collected Personal Data, (ii) you, as the requester, are the same person as the data subject for whose information you’re requesting (or such person’s parent/guardian), (2) that describes your request in sufficient detail to allow us to understand, evaluate and respond to it, (3) that declares, under the penalty of perjury, that you’re exercising your rights under the CCPA as a California resident solely for lawful purposes, and (4) in a way that does not and would not unduly burden or otherwise abuse our data request system, our Datalake, and/or our Services. Each request that meets all of these criteria will be considered a “Valid Request.” We may not respond to requests that do not meet these criteria. We will use commercially reasonable efforts to determine whether a request may be for harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable purposes, and we reserve the right not to respond to such request. We will only use Personal Data provided in a Valid Request to verify your identity and complete your request. You do not need an account to submit a Valid Request.

We will work to respond to your Valid Request within 45 days of receipt. We will not charge you a fee for making a Valid Request unless your Valid Request(s) is excessive, repetitive or manifestly unfounded. If we determine that your Valid Request warrants a fee, we will notify you of the fee and explain that decision before completing your request.

You may submit a Valid Request using the following methods:

Email us at: privacy@constellaintelligence.com
Submit a form at this address: https://constellaintelligence.com/contact-us/

You may also authorize an agent (an “Authorized Agent”) to exercise your rights on your behalf. To do this, you must provide your Authorized Agent with written permission to exercise your rights on your behalf, and we may request a copy of this written permission from your Authorized Agent when they make a request on your behalf.

Access

You have the right to request certain information about our collection and use of your Personal Data over the past 12 months. In response to a Valid Request, we will provide you with the following information:

The categories of Personal Data that you requested and that we can reasonably determine, via a review of the Datalake, that we have collected about you.
The categories of sources that we can reasonably determine, via a review of the Datalake, from which that Personal Data was collected.
The business or commercial purpose for collecting or selling your Personal Data.
The categories of third parties with whom we have shared your Personal Data.
The specific pieces of Personal Data that you explicitly requested and that we can reasonably determine, via a review of the Datalake, that we have collected about you.

If we have disclosed your Personal Data to any third parties for a business purpose over the past 12 months, we will identify the categories of Personal Data shared with each category of third party recipient, unless we’re restricted from doing so by law or court order. If we have sold your Personal Data over the past 12 months, we will identify the categories of Personal Data sold to each category of third party recipient, unless we’re restricted from doing so by law or court order.

You acknowledge that in some cases, we may not know whether your Personal Data is contained in the Datalake. By way of example only, if a password happens to be contained in the Datalake, we have no way to know whether that password, absent any other information clearly identifying you as the source of the password, is your Personal Data (or possibly the Personal Data of someone else who uses the same password). With that in mind, you understand that while we will use reasonable efforts to review the Datalake to respond to a Valid Request, we may not be able to determine whether we have actually collected any particular Personal Data about you.

Deletion

You have the right to request that we delete the Personal Data that we have collected about you. Under the CCPA, this right is subject to certain exceptions: for example, we may need to retain your Personal Data to provide you with the Services or complete a transaction or other action you have requested. If your deletion request is subject to one of these exceptions, we may deny your deletion request, even if it otherwise constitutes a Valid Request.

You acknowledge that we are constantly collecting exposed identity information found in open sources on the surface, social, deep, and dark web, and placing that information into the Datalake. With that in mind, in the event that we delete your Personal Data in response to a Valid Request, you acknowledge that nothing will prevent the possible collection of that Personal Data at some future time, if that Personal Data happens to be contained in other open sources on the surface, social, deep, and dark web. You have the right to make additional Valid Requests to delete Personal Data at any time.

Personal Data Sales Opt-Out and Opt-In

In this section, we use the term ‘sell’ as it is defined in the CCPA. We sell your Personal Data solely to the extent that: (i) we make the Datalake available to our clients via their use of the Services; (ii) we make the Services available to clients for a fee; and (iii) the Datalake contains Personal Data about you at the time that the client is accessing the Services that utilize the Datalake. The categories of Personal Data that may be sold will vary based on the content of the Datalake at any given time. You can submit a data access request for information regarding the categories of Personal Data sold to each category of third party recipient. Please refer to Section “Access” above for more details.

You have the right to opt out of sales of your Personal Data. Please note that such an opt-out request also needs to be a Valid Request (as described above). You can opt-out by submitting a Valid Request using the following methods:

You can complete the online form found here: Do Not Sell My Personal Information https://dev-constellaintelligence-website.pantheonsite.io/contact-us/
Email us at privacy@constellaintelligence.com

You acknowledge that we are constantly collecting exposed identity information found in open sources on the surface, social, deep, and dark web, and placing that information into the Datalake. With that in mind, in the event that you opt out of sales of your Personal Data pursuant to a Valid Request, you acknowledge that nothing will prevent the possible collection and sale of that Personal Data as part of the Datalake at some future time, if that Personal Data happens to be contained in other open sources on the surface, social, deep, and dark web. You have the right to make additional Valid Requests to opt out of sales of your Personal Data at any time.

We Will Not Discriminate Against You for Exercising Your Rights Under the CCPA

We will not discriminate against you for exercising your rights under the CCPA. We will not deny you our goods or services, charge you different prices or rates, or provide you a lower quality of goods and services if you exercise your rights under the CCPA. However, we may offer different tiers of our Services as allowed by applicable data privacy laws (including the CCPA) with varying prices, rates or levels of quality of the goods or services you receive related to the value of Personal Data that we receive from you.

Other State Law Privacy Rights

Please refer to the “Other State Law Privacy Rights” section in our Website Privacy Policy for more details.

If you have any questions about this section or whether any of the following rights apply to you, please contact us at privacy@constellaintelligence.com.

European Union Data Subject Rights

If you are a resident of the European Union (“EU”), United Kingdom, Lichtenstein, Norway or Iceland, you may have additional rights under the EU General Data Protection Regulation (the “GDPR”) with respect to your Personal Data. Please refer to the “European Union Data Subject Rights” section in our Website Privacy Policy for more details. The following applies to our collection, using, sharing, and processing of data (including personally identifiable information) collected from the Internet for use in the Datalake.

Purposes for the processing

The purpose of Constella’s Datalake is to support the Services by collecting data from available open sources on the Internet at high pace, and extracting relevant information from that data. This includes information about individuals, companies, organizations, places, etc. The data are stored in a centrally located and highly secure location.

Constella processes the data contained in the Datalake in order to create correlations between data records for certain legitimate business purposes, which may include (but are not limited to) the following (see Constella Acceptable Use Policy):

Fraud/Criminal Investigations: Performing investigations into or related to countering fraud, anti-money laundering (AML), counter-terrorism finance (CTF), or criminal activity.
Know Your Customer (KYC)/Customer Due Diligence: Performing KYC or other forms of identity verification, due diligence, and validation, but not for FCRA purposes.
Identity Theft Protection/Account Takeover (ATO)/Executive Monitoring (EM)/Domain Monitoring (DM): Providing protection services to end customers or employees.
Cyber Security Analysis/Incident Response (IR): Investigating security events and incidents.

When we process Personal Data that may be contained in the Datalake for these legitimate interests, we make sure to consider any potential impact on potential data subjects and their rights under data protection laws, such as the GDPR.

Lawful basis for the processing

In line with the purposes pursued by Constella, the legitimate basis for the processing of this information is the legitimate interest it has in analysing the information in the Datalake to help prevent fraud and other unlawful acts, and to ensure the integrity and security of the information (not only of its clients).

Do we disclose any information to third parties?

Except as stated under Section III (How We Share Your Personal Data) above, we do not otherwise disclose or transfer your Personal Information to any other third parties not specified in this Privacy Notice. We may also release your information when said release is appropriate to comply with the law, enforce our policies or the Terms of Use, protect our rights, property, or safety, or protect the rights, property, or safety of third parties.

Except as stated under Section III (How We Share Your Personal Data) above, Constella may only disclose your Personal Data without your consent if the disclosure of such information is reasonably necessary to:

Satisfy any applicable law, regulation, legal process or valid governmental request; or
Detect, prevent, or otherwise address fraud, security or technical issues.

Retention periods

We will retain your Personal Data for as long as necessary in accordance with the purpose(s) for which it was collected and in accordance with applicable law. The criteria used to determine our retention periods include:

the length of time during which it remains advisable to store certain data in the Datalake;
whether there is a legal obligation to which we are subject;
whether retention is advisable in light of the legal position to which we are subject (such as that relating to applicable limitations or statutes, pending litigation or regulatory investigations).

How can you exercise your data protection rights?

If you would like 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 an electronic copy of your Personal Data for purposes of transmitting it to another company (to the extent you have a right to data portability under applicable law), you may make a request by contacting us using the information provided in the contact section of the website. We will respond to your request in a manner 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.

You can exercise your rights by sending a request to the contact address above or to the following email address: privacy@constellaintelligence.com. You must include detailed information and documentation proving your identity in order to manage your request satisfactorily. We will process your request and give you an answer within the time limits set by current legislation.

Changes to this Privacy Notice

We’re constantly trying to improve the Datalake and the Services, so we may need to change this Privacy Notice from time to time, but we will alert you to any such changes by placing a notice on our website and/or by some other means. Please note that if you’ve opted not to receive legal notice emails from us (or you haven’t provided us with your email address to receive updates), those legal notices will still govern your rights with respect to the Personal Data included in the Datalake (if any), and you are still responsible for reading and understanding them. Use of information we collect is subject to the Privacy Notice in effect at the time such information is collected.

Contact Information:

If you have any questions or comments about this Privacy Notice, the ways in which we collect and use your Personal Data or your choices and rights regarding such collection and use, please do not hesitate to contact us at:

201 Redwood Shores Pkwy Suite 345, Redwood City, CA 94065

If you are located in the European Union, you may use the following information to contact our Data Protection Officer and our European Union-Based Member Representative:

Our branch office in the European Union: Sucursal en España (“Constella”) located at C/Acanto 22, 7th floor, 28045, Madrid (Spain)

Data Protection Officer: privacy@constellaintelligence.com

AUP

Laura Bruck on August 2, 2021

Acceptable Use Policy

Acceptable Use Policy (AUP)

Last Updated December 15, 2020

Overview

This Acceptable Use Policy (the “Policy”) applies to all users of the products, services, and applications provided by Constella Intelligence, Inc. (the “Services”). This Policy prohibits uses and activities involving the Services that are illegal, infringe the rights of others, interfere with or diminish the use of the Services by others, or otherwise adversely affect the Services or Constella. If you violate this Policy, we may suspend or terminate your account (without notice or liability to us). We may also suspend or terminate accounts (without notice or liability to us) where we see behavior, content, or other factors that poses a threat to our Services. If you are using the Services on behalf of an end user customer, you are responsible for such end user’s use of the Services and you agree, and shall cause the end user customer to agree, to use the Services in accordance with this Policy.

The Services do not constitute a “consumer report” for purposes of the Fair Credit Reporting Act (“FCRA”). You may not use the Services in whole or in part as a factor in determining consumer eligibility for credit, insurance, employment, tenancy, or any another FCRA purpose.

Usage Limits and Restrictions

You may use our Services only: (i) as permitted by law (for terrorism and cybercriminal investigations); and (ii) for a Permitted Purpose (as defined below). Your use of the Services must comply with all applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you (without notice or liability to us) if you do not comply with this Policy, with any usage limits or other restrictions that we may establish from time to time, or if we are investigating suspected misconduct by you (or, as applicable, your end user customers).

For the purposes of this Policy, the “Permitted Purpose” will be one or more of the following, as set forth in the Order Form that you execute in order to gain access to the Services:

1. Fraud/Criminal Investigations: Performing investigations into or related to countering fraud, anti-money laundering (AML), counter-terrorism finance (CTF), or criminal activity.

2. Know Your Customer (KYC)/Customer Due Diligence: Performing KYC or other forms of identity verification, due diligence, and validation, but not for FCRA purposes.

3. Identity Theft Protection/Account Takeover (ATO)/Executive Monitoring (EM)/Domain Monitoring (DM): Providing protection services to end customers or employees.

4. Cyber Security Analysis/Incident Response (IR): Investigating security events and incidents.

Our Services display some content that is not Constella’s. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don’t assume that we do.

Conduct and information restrictions

When using the Services, you may not:

Undertake or accomplish any unlawful purpose. This includes, but is not limited to, posting, storing, transmitting or disseminating information, data or material which is libelous, obscene, unlawful, threatening or defamatory, or which infringes the intellectual property rights of any person or entity, or which in any way constitutes or encourages conduct that would constitute a criminal offense, or otherwise violate any local, state, federal, or non-U.S. law, order, or regulation;
Obtain, export, move or copy any data, information or material when you do not have the right to do so, or which was obtained using the Services for an unlawful purpose;
Attempt, in any manner, to obtain the password, account, or other security information from any other user of the Services;
Upload, post, publish, transmit, reproduce, create derivative works of, or distribute in any way information, software or other material obtained through the Services or otherwise that is protected by copyright or other proprietary right, without obtaining any required permission of the owner;
Participate in the collection of very large numbers of e-mail addresses, phone numbers, screen names, or other identifiers of others (without their prior consent), a practice sometimes known as spidering or harvesting, or participate in the use of software (including “spyware”) designed to facilitate this activity;
Impersonate any person or entity, engage in sender address falsification, forge anyone else’s digital or manual signature, or perform any other similar fraudulent activity (for example, “phishing”); or
Use the Services for any purpose other than a Permitted Purpose.

Technical restrictions

When using the Services, you may not:

Use extreme bandwidth capacity in a way that threatens the Services’ infrastructure;
Upload viruses or malware, or attempt to overload the Services with email or traffic;
Use or distribute tools or devices designed or used for compromising security or whose use is otherwise unauthorized, such as password guessing programs, decoders, password gatherers, keystroke loggers, analyzers, cracking tools, packet sniffers, encryption circumvention devices, or Trojan Horse programs. Unauthorized port scanning is strictly prohibited;
Copy, distribute, or sublicense any proprietary software provided in connection with the Services;
Distribute programs that make unauthorized changes to software (cracks);
Alter, modify, or tamper with the Services, or permit any other person to do the same who is not authorized by Constella; or
Decompile, reverse engineer, or otherwise attempt to obtain the source code or underlying ideas or information of or relating to the Services.

Network and usage restrictions

When using the Services, you may not:

Restrict, inhibit, or otherwise interfere with the ability of any other entity to use the Services, including posting or transmitting any information or software which contains a worm, virus, or other harmful feature, or generating levels of traffic sufficient to impede others’ ability to use, send, or retrieve information;
Restrict, inhibit, interfere with, or otherwise disrupt or cause a performance degradation to the Services or to any Constella (or Constella supplier) host, server, backbone network, node or service; or
Interfere with computer networking or telecommunications service to any user, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, improper seizing and abusing operator privileges, and attempts to “crash” a host.

A violation of any of the foregoing restrictions in this Policy is grounds for termination of your right to use or access the Services.

Changes to This Policy

We’re constantly trying to improve our Services, so we may need to change this Acceptable Use Policy from time to time as well, but we will alert you to changes by placing a notice on the Services, by sending you an email, and/or by some other means. Please note that if you’ve opted not to receive legal notice emails from us (or if you haven’t provided us with your email address), the then-current version of this Policy will still govern your use of the Services, and you are still responsible for reading and understanding it. If you use the Services after any changes to the Policy have been posted, that means you agree to all of the changes.

COO of Constella Intelligence, Alex Romero, Joins Forbes Business Council

Laura Bruck on June 8, 2021

COO of Constella Intelligence, Alex Romero, Joins Forbes Business Council

PRESS RELEASE

Alex and Constella officially engage with the Forbes Council community of business and technology leaders.

Los Altos, Calif., June 8, 2021. Constella Intelligence (“Constella”) is excited to announce that Alex Romero, Co-founder, and COO of Constella Intelligence —has been invited to become a member of the Forbes Business Council. Forbes Business Council is the foremost growth and networking organization for well-established tech leaders and executives — CEOs, CIOs, CTOs, and others — selected for the Council based on their deep knowledge and diverse experiences in the industry. The Council is part of Forbes Councils Groups program, a new initiative designed to better connect and engage members through the creation of councils based on location, industry, identity, and interests to ensure maximum benefit of the community. Before founding Constella, Alex successfully steered global companies in digital industry development in more than 20 different markets. Starting out as a manager for Alcatel, he later joined Vodafone Group, where he forged strategic relationships with global partners such as Yahoo!, Microsoft, YouTube, eBay, and Google. He developed Yahoo! Business in Southern Europe and was a vice president at Viacom for Southern Europe, Turkey, the Middle East, and Africa before founding the big data analytics firm Alto Analytics, a pioneer in AI-powered analysis of the digital public sphere. In 2020, Alto joined forces with identity intelligence leader, 4iQ, to create one company—Constella Intelligence. Alex is also a council member of the European Council on Foreign Relations and a board member of the Endeavor Entrepreneurs Network.“We are honored to welcome Alex into the community,” said Scott Gerber, founder of Forbes Councils, the collective that includes Forbes Business Council. “Our mission with Forbes Councils is to bring together proven leaders from every industry, creating a curated, social capital-driven network that helps every member grow professionally and make an even greater impact on the business world.”“The connections, visibility, and growth offered by the Forbes Councils are truly exciting. My team and I are eager to engage with the Business Council and its members to strengthen reciprocal, trusting relationships while sharing our unique knowledge of anticipating and defending against emerging risks to organizations and individuals in the digital ecosystem. We are confident that our contributions will support meaningful
relationships across a network of seasoned industry leaders.” remarked Alex.

ABOUT FORBES COUNCILS

Forbes Councils is a collective of invitation-only communities created in partnership with Forbes and the expert community builders who founded the Young Entrepreneur Council (YEC). In Forbes Councils, exceptional business owners and leaders come together with the people and resources that can help them thrive. To learn more about Forbes Councils, visit forbescouncils.com.

ABOUT CONSTELLA INTELLIGENCE

Constella Intelligence is a global leader in Digital Risk Protection that works in partnership with some of the world´s largest organizations to safeguard what matters most and defeat digital risk. Our solutions are a unique combination of proprietary data, technology, and human expertise to anticipate, identify, and remediate targeted threats to your executives, your brand and your assets at scale—powered by the most extensive breach, surface, deep and dark data collection on the planet, with over 100 billion attributes and 45 billion curated identity records spanning 125 countries and 53 languages.

To learn more about how you can proactively anticipate, identify, and remediate targeted threats to your executives, your assets and your brand visit us at constella.ai .

Constella Intelligence Introduces Exposed Identity Score

Laura Bruck on May 26, 2021

Constella Intelligence Introduces Exposed Identity Score

PRESS RELEASE

New feature indicates the level of risk for exposed identities, included with select offerings at no additional cost

LOS ALTOS, Calif., May 27, 2021 – Constella Intelligence (“Constella”), a leader in Digital Risk Protection and Threat Intelligence, today announced that the Company’s Intelligence API now includes Exposed Identity Score as part of its service offering. Organizations must rapidly adapt to evolving customer behavior and interaction points – or risk significant losses in both fraud and customers. By analyzing exposed attributes, type of site, the data in which the data was sourced, and freshness of the data, this new score helps partners equip their customers and organizations with a powerful tool to better associate the level of risk with the exposed credential.”Inadequate ID verification services create gaps that fraudsters can exploit,” said Jason Wagner, Vice President of Identify Intelligence at Constella Intelligence. “To keep pace with evolving threats, organizations need multi-layered solutions that can associate risks with exposed credentials.”For Exposed Identity Score, Constella dynamically computes a high-level simplified estimated risk rating for all available breaches, based on how impactful the exposed records are projected to be. Constella’s algorithm design and values are gleaned from the Company’s ongoing research of fraud mitigation professionals and practices.Exposed Identity Score (EIS) can be used to assess the importance of an identity alert and assess the risk an identity poses to suffering an Identity Theft incident (aggregating all the individual risks of each exposure). EIS, along with the quality, volume, and coverage of our Intelligence API, helps organizations stay one step ahead of attackers to identify exposures proactively.To learn more about how Constella’s Exposed Identity Score can enhance your identity protection capabilities or security protocols, visit us here or request a personalized demo to see the new EIS in action.

About Constella Intelligence

Constella Intelligence is a global leader in Digital Risk Protection and Threat Intelligence that partners with some of the world’s largest organizations to safeguard what matters most and defeat digital risk. Its solutions are broad, collaborative and scalable, powered by a unique combination of proprietary data, technology, and human expertise—including the most extensive breach data collection on the planet, with over 100 billion attributes and 66 billion curated identity records spanning 125 countries and 53 languages. Learn more about Constella by visiting constella.ai

Constella Intelligence Participating in First-Ever ‘Identity Management Day’ on April 13, 2021

Laura Bruck on April 11, 2021

Constella Intelligence Participating in First-Ever ‘Identity Management Day’ on April 13, 2021

PRESS RELEASE

Identity Management Day, founded by the Identity Defined Security Alliance, aims to educate and engage business leaders and IT decision-makers on the intersection of identity management and security

LOS ALTOS, Calif., April 13, 2021 – Constella Intelligence, a leading global Digital Risk Protection business, today announced that it is participating in the first ever ‘Identity Management Day,’ an annual awareness event that will take place on the second Tuesday in April each year. The inaugural Identity Management Day is being held today, April 13, 2021.Founded by the Identity Defined Security Alliance (IDSA), the mission of Identity Management Day is to educate business leaders and IT decision makers on the importance of identity management and key components including governance, identity-centric security best practices, processes, and technology, with a special focus on the dangers of not properly securing identities and access credentials.In addition, the National Cyber Security Alliance (NCSA) will provide guidance for consumers, to ensure that their online identities are protected through security awareness, best practices, and readily available technologies.

Constella helps reduce the risks created from exposed identity information found in open sources on the surface, social, deep and dark webs, by empowering intel analysts, security researchers, criminal investigators and identity protection providers with capabilities to unmask adversaries and prevent fraud, identity theft, account takeover, and cyber espionage. To support this exciting initiative, Constella continues to promote identity management best practices and recommendations for securing employee, customer and third-party identities.

“Raising awareness around identity management is especially critical after a barrage of identity-based breaches made headlines in the past year, including Twitter, Marriott, and Nintendo. In fact, research by the IDSA reveals that 79% of organizations have experienced an identity-related security breach in the last two years, and 99% believe their identity-related breaches were preventable,” said Julie Smith, Executive Director of the IDSA.

Smith continued, “Compounding this, the ongoing pandemic has accelerated digital transformation initiatives that support changes in how we work and how we live day-to-day, putting organizations at greater risk. Our hope is that Identity Management Day will result in higher prioritization of identity security and, as a result, fewer data breaches in 2021 and beyond. We are grateful for all of the support from IDSA and NCSA member companies and the broader industry to further this mission.”

To learn more about and get involved in Identity Management Day 2021, please visit www.identitymanagementday.org and check out #IDMgmtDay on Twitter and LinkedIn.

About Constella Intelligence

Constella Intelligence is a leading global Digital Risk Protection business that works in partnership with some of the world’s largest organizations to safeguard what matters most and defeat digital risk. Its solutions are broad, collaborative and scalable, powered by a unique combination of proprietary data, technology and human expertise—including the largest breach data collection on the planet, with over 100 billion attributes and 45 billion curated identity records spanning 125 countries and 53 languages. Learn more about Constella by visiting constellaintelligence.com.

About the Identity Defined Security Alliance

The IDSA is a group of identity and security vendors, solution providers, and practitioners that acts as an independent source of thought leadership, expertise, and practical guidance on identity centric approaches to security for technology professionals. The IDSA is a nonprofit that facilitates community collaboration to help organizations reduce risk by providing education, best practices, and resources.

Follow the IDSA
Join the Community: https://forum.idsalliance.org/
Twitter: www.twitter.com/idsalliance
LinkedIn: www.linkedin.com/company/identity-defined-security-alliance/
Blog: https://www.idsalliance.org/blog/

Constella Introduces Surface Web Data to Bolster Intelligence API Offering

Laura Bruck on March 21, 2021

Constella Introduces Surface Web Data to Bolster Intelligence API Offering

PRESS RELEASE

Constella API Now Offers the Most Advanced Identity Threat Protection Through the Addition of Surface Web Data

LOS ALTOS, Calif. and MADRID, March 25, 2020 – Constella Intelligence, a leading global Digital Risk Protection company, today announced that the Company’s API now includes surface web data as part of its service offering. This new data source – which builds upon the most extensive breach data collection on the planet – enables Constella to track regular, day-to-day web activity to quickly alert on and defend against exposures of customer identity information. When a data breach occurs, the stolen data often ends up on the dark web — the black market of the internet where cyberthieves buy and sell this information for profit. The “surface web” is the area where data can be deliberately posted, such as deepdarkshop.com or, in some cases, innocently used or leaked through social media sites, online shopping, reading news feeds, and visiting business, informational, and entertainment websites. By monitoring this vector in real-time, Constella can help prevent identity data from falling into the wrong hands in all web locations, enabling faster and more comprehensive protection for consumers. Constella can also help users identify what data is publicly available. With the uptick in social engineering and phishing attacks, information available on the web is increasingly valuable to cyber thieves & criminals. Identifying legitimate and illegitimate personal data on the surface is the next step in the evolution of protecting oneself.“The surface or public web is the indexed part of the web that we all can access,” said Jason Wagner, Vice President of Identify Intelligence at Constella Intelligence. “Introducing the ability for our partners to monitor this part of the web and this data allows us to offer a complete monitoring solution for identity theft and privacy providers to protect their customers fully. Our partners can now leverage our artificial intelligence alongside our technology platforms to search and monitor the entire web for sensitive and non-sensitive data.”Recent studies suggest a direct correlation between an individual’s actions and the representation of digital brands online, yet 56% of adults don’t actively think about the consequences of their online activities. In fact, 70% of employers did not hire an applicant based upon content found online. By integrating Constella’s surface web data, partners can now enhance and extend their service offerings to help customers identify how their digital reputation and personal brands appear and how others may perceive it.To learn more about how Constella’s Intelligence API can enhance your protection capabilities, visit us here or request a personalized demo to see the enhanced Intelligence API in action.About Constella IntelligenceConstella Intelligence is a leading provider of Digital Risk Protection and Threat Intelligence services that help unmask adversaries and defend against external threats.

Constella’s solutions are powered by a unique combination of proprietary data, technology, and human expertise—including the most extensive breach data collection on the planet, with over 100 billion attributes and 66 billion curated identity records spanning 125 countries and 53 languages. Learn more about Constella by visiting constellaintelligence.com.

EULA Government

Laura Bruck on January 16, 2021

EULA-Government

Constella Intelligence, Inc.

End User License Agreement for U.S. Federal Government Use

EULA Last Updated: December 15, 2020

0. Introduction.

This End Used License Agreement for U.S. Federal Government Use (this “EULA”) applies to customers and users who are accessing or using one or more Applications (defined below) on behalf of the United States Federal government (the “Government”, or “you”). If you are not accessing or using an Application on behalf of the United States Federal Government, you will need to execute a separate written agreement with Constella Intelligence, Inc. (“Constella”, “we”, or “us”) before you will be permitted to access or use any Application.

By accessing or using any Application, you agree to be bound by this EULA. If you do not agree to this EULA, you are not allowed to access or use any Application. The “Effective Date” of this EULA is the date you first access or use any Application.

This EULA forms a binding agreement between you and Constella.

1. Definitions.

1.1 “Constella Data” means any and all data that is made available to you as a result of your use of or access to the Application.

1.6 “Customer Systems” means any of your (or your contractors’ or agents’) computer systems that are used in conjunction with the Application or any Constella Data.

1.8 “Fees” means, collectively: (i) the fees that you are required to pay us to use and/or access an Application during the applicable Subscription Term, as such fees are reflected on each applicable Order Form; and (ii) the fees that you are required to pay us for any Professional Services you engage us to perform, as such fees are reflected on each applicable SOW or Order Form.

1.10 The “Order Form” means the form you use to order Application(a) and/or Professional Services. Upon execution by the parties, each Order Form will be subject to this EULA. In the event of a conflict between this EULA and the terms of an Order Form, this EULA will prevail, notwithstanding any language to the contrary in the Order Form.

1.12 “Purpose” means the specific purpose(s) for which you are permitted to use each Application, as set forth in the applicable Order Form.

1.13 “Reports” means, collectively, any reports that are created through your use of an Application.

1.16 “Third Party Services” means, collectively, any applications, interfaces, software, or services not operated or provided by Constella.

2. Application.

2.1 Access Grant. Subject to your continued compliance with this EULA (including, among other things, paying all applicable Fees), Constella grants you a limited, non-transferable, non-exclusive license to access and use each Application that you have ordered in the applicable Order Form for the applicable Subscription Term, solely for the Purpose, and subject to the Call Limits set forth in the Order Form.

2.2 Restrictions. As between the parties, Constella owns all right, title and interest in and to each Application and the Constella Data, and all Intellectual Property Rights therein. Constella reserves all rights not expressly granted to you in this EULA. You acknowledge and agree that you may not, unless otherwise expressly permitted in this EULA or in the applicable Order Form: (a) modify, disclose, alter, translate or create derivative works of any Application, or any Constella Data; (b) license, sublicense, resell, distribute, lease, rent, lend, transfer, assign or otherwise dispose of any Application or any Constella Data (or any components thereof); (c) offer any part of an Application or the Constella Data on a timeshare or service bureau basis; (d) allow or permit any third party to access or use an Application or the Constella Data; (e) use an Application to store or transmit any viruses, software routines, or other code designed to permit anyone to access in an unauthorized manner, disable, erase or otherwise harm software, hardware, or data, or to perform any other harmful actions; (f) build a competitive product or service, or copy any features or functions of an Application (including, without limitation, the look-and-feel of an Application) or the Constella Data; (g) interfere with or disrupt the integrity or performance of an Application; (h) publicly disclose to any third party any performance information or analysis relating to an Application; (i) remove, alter or obscure any proprietary notices in or on an Application or any Constella Data, including copyright notices; (j) use an Application, the Constella Data, or any product thereof for any illegal or unauthorized purpose, or in a manner which violates applicable law or regulation; (k) use an Application or the Constella Data for any purpose other than the Purpose set forth in this EULA and the applicable Order Form; (l) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms that make up an Application or any software, documentation, or data relating to an Application, except to the limited extent that applicable law prohibits such a restriction; (m) to the extent that the license provides a specific number of seat licenses, allow multiple users to use the same seat license (notwithstanding the foregoing, you can transfer seat licenses from one use to another); or (n) cause or permit any third party (including, without limitation, any Client) to do any of the foregoing. The Application will be deemed accepted when made available to Client pursuant to this EULA.

2.4 Right to Modify the Application. You acknowledge that we reserve the right – at any time, and without notice or liability to you – to modify each Application, or any part of it, temporarily or permanently. We may modify an Application for a variety of reasons, including, without limitation, for the purpose of providing new features, implementing new protocols, maintaining compatibility with emerging standards, or complying with regulatory requirements. We will not modify an Application in any way that materially decreases its features or functionality during the then-current Subscription Term.

2.6 Third Party Services (Hunter Application Only). You may elect to access or use one or more Third Party Services in conjunction with your use of the “Hunter” Application. Constella is not responsible for the operation of any Third Party Services, nor the availability or operation of the “Hunter” Application to the extent that you make such availability and/or operation dependent upon the proper functioning of any Third Party Services. You are solely responsible for procuring any and all rights and licenses necessary for you to access any Third Party Services, and for complying with any applicable terms or conditions thereof. We do not make any representations or warranties with respect to any Third Party Services, or the providers thereof. Any exchange of data or other interaction between you and a Third Party Service is at your sole risk, and any such exchange will be governed solely by such the Third Party Services’ terms and conditions.

2.7 Data Processing Amendment; Acceptable Use Policy. The parties agree to the terms of the Data Processing Amendment (the “DPA”). You understand and agree that your use of each Application is at all times subject to your compliance with the then-current Acceptable Use Policy (the “AUP”). The DPA and AUP are hereby incorporated into this Agreement by this reference.

2.8 Support. Provided that you have paid all applicable Fees, we will provide you with support for each Application, as more fully described in and in accordance with the support terms (the “Support Terms”). Standard support may be included in the cost of the Application, while premium support may be obtained for an additional fee. To the extent that you are slated to receive support in the relevant Order Form, you will receive such support in accordance with the Support Terms, which are incorporated by reference into this EULA. You will provide us with access to any Customer Systems necessary for us to provide support. For the avoidance of doubt: (i) we will not be liable for any failure to provide support that is due to your failure to provide us with all necessary access to Customer Systems; and (ii) you at all times are and will be responsible for all aspects of any Customer Systems.

2.9 Ownership; Feedback. As between the parties, Constella retains all right, title, and interest in and to each Applications and the Constella Data, and all Intellectual Property Rights therein. We reserve all rights not expressly granted to you in this EULA. You acknowledge that, to the extent that you provide us with any suggestions, comments, or other feedback with respect to any Application or any other Constella product or service (collectively, “Feedback”), you grant us a perpetual, irrevocable, royalty-free, fully paid up, sublicensable right and license to fully exploit such Feedback for any purpose, without restriction.

3. Customer Data. As between the parties, you own your Customer Data. You acknowledge and agree that you are fully responsible for the Customer Data, irrespective of whether you were the original creator of the Customer Data. By making the Customer Data available to us or to the Application, you grant us a worldwide, royalty-free, and non-exclusive license to use, reproduce, modify, adapt and publish the Customer Data for the purpose of providing the Application to you. By making Customer Data available to us or to the Application, you represent and warrant that: (i) the Customer Data does not and will not infringe, violate or misappropriate the Intellectual Property Rights of any third party; (ii) you have obtained all rights and permissions necessary to use the Customer Data in the manner in which you have used it; (iii) the Customer Data does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive code; and (iv) our use of the Customer Data for the purpose of providing the Application does not and will not (a) violate any applicable law or regulation, or (b) infringe, violate, or misappropriate the Intellectual Property Rights of any third party.

4. Government Users. We do not develop any technical data or computer software pursuant to this EULA. The Application and Documentation have been developed solely with private funds, are considered “Commercial Computer Software” and “Commercial Computer Software Documentation” as described in FAR 12.212, FAR 27.405-3, and DFARS 227.7202-3, and access is provided to U.S. Government end users as restricted computer software and limited rights data. Any use, disclosure, modification, distribution, or reproduction of the Application or Documentation by the U.S. Government, its end users or contractors is subject to the restrictions set forth in this EULA.

5. Professional Services. From time to time during the term of this EULA, you may order Professional Services from us via an Order Form or an SOW. If an SOW is required to more fully define or detail any Professional Services ordered via an Order Form, the parties will execute an SOW for that purpose (for the sake of clarity, however, the lack of an SOW will in no way impact the validity of Professional Services ordered via an Order Form, or your obligation to pay for those Professional Services). Each SOW will be binding once both parties sign it, and the parties agree that any Professional Services we provide to you (whether pursuant to a SOW or not) will be provided pursuant to this EULA. In the event of any conflict between the terms of this EULA and any SOW, this EULA will control. Provided you comply with the terms of this EULA (including, among other things, paying us the Fees), we will perform the Professional Services described in each SOW, according to the timeframes set forth in that SOW. We will control the manner and means by which the Professional Services are performed, and we reserve the right to determine which personnel we assign to perform Professional Services for you. Provided we remain responsible for all of their acts and omissions, we can use third parties to help us perform the Professional Services. You acknowledge that we retain all right, title and interest in and to anything we use or develop in connection with performing Professional Services for you, including, among other things, software programs, tools, specifications, ideas, concepts, inventions, processes, techniques, and know-how. To the extent that we deliver anything to you during the course of performing Professional Services (collectively, “Deliverables”), we grant you a non-exclusive, non-transferable, worldwide, royalty-free, limited-term license to use the Deliverables during the term of this EULA, solely in conjunction with your use of the Application. You may not copy, modify, or otherwise create derivative works of any Deliverables without our prior written consent in each case. To the extent that we provide you with Reports, you may freely use the content of such Reports (even if you are not using an Application), provided that such use is for the Purpose.

6. Payment. You agree to pay us all applicable Fees in full, without deduction or setoff of any kind, in U.S. Dollars, within thirty (30) days of the date of the invoice. Application-related Fees are payable in accordance with the terms set forth in the applicable Order Form. Amounts payable under this EULA are nonrefundable, except as otherwise expressly set forth herein. If you do not pay us on time, in addition to any other rights we may have at law or in equity, we reserve the right to suspend your access to the Application until all late amounts are paid.

7. Taxes. The Fees to be paid to Constella under this EULA are exclusive of any taxes, fees and duties or other amounts, however designated, and including without limitation value added and withholding taxes which are levied or based upon such charges, or upon this EULA (other than taxes based on the net income of Constella). You will pay all sales, use, value-added and other taxes, and all customs, duties and tariffs now or hereafter claimed or imposed by any governmental authority upon the license of the Application to you, or upon payments to us under this EULA, or you will present an exemption certificate acceptable to the taxing authorities. Except for income taxes levied on Constella, you: (i) will pay or reimburse us for all national, federal, state, local or other taxes and assessments of any jurisdiction, including value added taxes and taxes as required by international tax treaties, customs or other import or export taxes, and amounts levied in lieu thereof based on charges set, services performed or payments made hereunder, as are now or hereafter may be imposed under the authority of any national, state, local or any other taxing jurisdiction; and (ii) will not be entitled to deduct the amount of any such taxes, duties or assessments from payments made to us under this EULA. The purpose of this subsection is to preserve the payments to us from being reduced because of withholding taxes, duties and other taxes and assessments which may be imposed by a jurisdiction in which you operate or are otherwise subject to taxation.

8. Term and Termination.

8.1 Term. This EULA begins on the Effective Date and, unless terminated earlier as provided for herein, will remain in effect for as long as there is a Subscription Term, Order Form, or SOW for Professional Services outstanding. Each Order Form (or that portion of the Order Form) that you use to order an Application will automatically renew (and we may automatically invoice you) for additional Subscription Terms of equivalent length, unless one party provides written notice to the other at least sixty (60) days prior to the expiration of the then-current Subscription Term that it wishes to terminate the applicable Order Form at the end of the then-current Subscription Term. Neither SOWs nor those portions of Order Forms that you use to order Professional Services will automatically renew. We reserve the right to modify the Fees for each Application at any time upon sixty (60) days’ prior written notice to you, provided that the modified Fees will not apply until the next Subscription Term. If we do not inform you of a specific price increase for a new Subscription Term, you acknowledge and agree that the Application Fees for each new Subscription Term will automatically increase by the greater of (i) five percent (5%), or (ii) the percentage increase in the Consumer Price Index over the most recent Subscription Term.

8.2 Termination for Convenience. We offer our Applications on an annual subscription basis. In the event that the Government needs to terminate an Order Form for convenience, it may do so upon thirty (30) days’ prior written notice to 4iQ, provided that: (i) the Government will still owe all amounts due under the Order Form in full, without proration, reduction, or set-off of any kind, and those amounts will be due and payable by the Government on the date of termination; and (ii) the Government will not be entitled to a refund of any fees already paid to 4iQ under the terminated Order Form.

8.3 Termination for Cause. Either party can terminate this EULA, any Order Form or SOW for cause immediately upon written notice to the other if the other party breaches any part of this EULA or the applicable Order Form or SOW and fails to cure the breach within thirty (30) days of receiving written notice of it from the non-breaching party. We reserve the right to terminate this EULA or any Order Form or SOW for cause immediately upon written notice to you, and without giving you a cure period, if you breach any of the terms of this EULA relating to our intellectual property (including your compliance with the license/access grant and any license/access restrictions) or our Confidential Information (defined below).

8.4 Right to Suspend Access to Application. Without limiting any of our other rights in this Section 8, we have the right, in our sole discretion, to suspend your ability to access the Application (in whole or in part), without liability, under the following circumstances: (i) for scheduled or emergency maintenance to the Application, or any part thereof; (ii) if we reasonably believe that you are using the Application or the Constella Data in violation of this EULA or applicable law; (iii) if we reasonably believe that your use of the Application poses a security risk to us or to any third party; (iv) if required by law enforcement or government agency, or otherwise in order to comply with applicable law or regulation; (v) if you are using the Application or Constella Data other than for the Purpose; or (vi) if you fail to fulfill your payment obligations hereunder.

8.5 Effect of Termination. When this EULA or any Order Form or SOW terminates or expires: (i) you will no longer have the right to use or access the Application identified in the terminated/expired Order Form as of the date of termination/expiration; (ii) all licenses we grant you in this EULA or the Order Form, as applicable, will immediately cease to exist as of the date of termination/expiration; (iii) if you owed us any Fees prior to such termination/expiration, you will pay those Fees in accordance with this EULA; (iv) except as otherwise set forth in Section 8.6 below, we may delete your Customer Data, and we will not be responsible or liable to you if you are unable to access or recover your Customer Data following termination/expiration; and (v) each of us will promptly return to the other (or, if the other party requests it, destroy) all Confidential Information belonging to the other. Sections 1, 2.2, 2.8, 6, 7, 8.5, 8.6, 9.2, and 10 through 14 will survive the termination or expiration of this EULA for any reason.

8.6 Data Retention. You may request the destruction of Customer Data in our possession or control, provided that you provide us with formal written notice of such request within ninety (90) days of the termination or expiration of this EULA, and further provided that you promptly respond to our requests for additional information relating thereto. At the conclusion of this ninety (90) day period, Constella may, at its sole discretion, elect to destroy the Customer Data. In the event that you make a request of us pursuant to this Section 8.6, we will use our reasonable efforts to comply with the request within five (5) business days of receiving it, and we will confirm once the Customer Data has been destroyed.

9. Limited Warranty; Disclaimer.

9.1 Limited Warranty. Constella represents and warrants solely to you that: (i) Constella has the power and authority to enter into this EULA and to perform its obligations hereunder; (ii) Constella’s performance under this EULA will not conflict with obligations it has to any third party; (iii) Constella has the right to provide access to the Application(s) and the Constella Data as provided herein, and (iv) Constella will provide support pursuant to this EULA in a professional and workmanlike manner.

9.2 Disclaimer. THE LIMITED WARRANTIES SET FORTH ABOVE ARE THE ONLY WARRANTIES WE MAKE WITH RESPECT TO EACH APPLICATION, THE CONSTELLA DATA, THE SUPPORT, AND THE PROFESSIONAL SERVICES. YOU ACKNOWLEDGE THAT, EXCEPT AS EXPRESSLY SET FORTH IN SECTION 9.1, EACH APPLICATION, THE CONSTELLA DATA, SUPPORT, AND PROFESSIONAL SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND THAT YOUR USE OF EACH APPLICATION, THE CONSTELLA DATA, SUPPORT, AND THE PROFESSIONAL SERVICES ARE AT YOUR SOLE RISK. CONSTELLA DOES NOT WARRANT: (I) THAT ANY APPLICATION, THE CONSTELLA DATA, SUPPORT, OR PROFESSIONAL SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS, (II) THAT ANY APPLICATION, THE CONSTELLA DATA, SUPPORT, OR PROFESSIONAL SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANY APPLICATION, THE CONSTELLA DATA, SUPPORT, OR THE PROFESSIONAL SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU PURCHASE OR OBTAIN THROUGH ANY APPLICATION, THE CONSTELLA DATA, OR PROFESSIONAL SERVICES WILL MEET YOUR EXPECTATIONS, OR (V) THAT ANY ERRORS IN ANY APPLICATION, THE CONSTELLA DATA, OR PROFESSIONAL SERVICES WILL BE CORRECTED. CONSTELLA SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

10. Indemnification.

10.1 Constella Indemnity. Constella agrees to defend (or settle, at Constella’s option and expense), indemnify and hold Customer (and its directors, officers, employees, consultants and agents) harmless from and against any and all actual or threatened suits, actions, proceedings (whether at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and reasonable expenses (including, without limitation, reasonable attorneys’ fees, costs, penalties, interest and disbursements) arising out of or relating to any third-party claim brought against Customer to the extent that it is based on an allegation that Customer’s use of the Application as permitted under this EULA infringes a U.S. patent or copyright or misappropriates a trade secret of any third party (each, a “Claim”), provided that Customer notifies Constella in writing of any such Claim as soon as reasonably practicable and allows Constella to control, and reasonably cooperates with Constella in the defense of, any such Claim and related settlement negotiations. Constella will have no obligation to indemnify Customer for any Claim that is based upon (i) the modification of the Application or the Constella Data, unless Constella or its designee were the ones who made the modifications; (ii) Customer’s use of the Application or the Constella Data other than as authorized by this EULA, the Order Form, or the applicable Documentation; or (iii) the combination, operation or use of the Application or the Constella Data with equipment, devices, software, systems, or data that Constella did not supply or authorize in writing, unless the Claim would have arisen irrespective of such combination, operation, or use. If Customer’s use of the Application is, or in Constella’s reasonable opinion is likely to be, subject to a Claim under this Section 10.1, Constella may, at its sole option and at no charge to Customer (and in addition to Constella’s indemnity obligation to Customer in this Section 10.1): (i) procure for Customer the right to continue using the Application; (ii) replace or modify the Application so that it is non-infringing; or (iii) if options (i) and (ii) above are not commercially practicable in Constella’s reasonable estimation, Constella may terminate this EULA and/or all affected Order Forms (in which event, Customer will immediately stop using the affected Application) and refund any pro-rata portion of the prepaid Fees that Customer paid to Constella for the then-current Subscription Term for each terminated Order Form. THIS SECTION 10.1 SETS FORTH CONSTELLA’S SOLE AND EXCLUSIVE OBLIGATIONS, AND CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES, WITH RESPECT TO CLAIMS OF INFRINGEMENT OR MISAPPROPRIATION OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.

10.2 Customer Liability. The liability of the Government for any breach of this EULA, or for any claim, demand, suit or proceeding arising from this EULA, shall be determined under the Federal Tort Claims Act, or other applicable governing authority.

11. Limitation of Liability

11.1 Limitation of Total Liability. UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL CONSTELLA’S TOTAL, AGGREGATE LIABILITY TO YOU OR TO ANY THIRD PARTY ARISING OUT OF OR RELATED TO THIS EULA OR YOUR USE OF (OR INABILITY TO USE) ANY PART OF ANY APPLICATION, THE CONSTELLA DATA, OR THE PROFESSIONAL SERVICES EXCEED THE TOTAL AMOUNT OF FEES YOU ACTUALLY PAID TO CONSTELLA UNDER THE AFFECTED ORDER FORM DURING THE TWELVE (12) MONTHS IMMEDIATELY PRIOR TO THE ACCRUAL OF THE FIRST CLAIM. MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMITATION.

11.2 Waiver of Consequential Damages. UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL CONSTELLA BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, LOSS OF REVENUE, LOSS OF GOODWILL, INTERRUPTION OF BUSINESS, LOSS OF DATA, OR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF, OR IN CONNECTION WITH THIS EULA OR YOUR USE (OR INABILITY TO USE) ANY PART OF ANY APPLICATION, THE CONSTELLA DATA, OR THE PROFESSIONAL SERVICES, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF CONSTELLA HAS BEEN ADVISED OR IS OTHERWISE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

11.3 Basis of Bargain. THIS SECTION (LIMITATION OF LIABILITY) WILL BE GIVEN FULL EFFECT EVEN IF ANY REMEDY SPECIFIED IN THIS EULA IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. Nothing in this Section 11 grants 4iQ a waiver from, release of, or limitation of liability pertaining to, any past, current or future violation of federal law.

12. Confidential Information.

12.1 Definition. For the purposes of this EULA, “Confidential Information” means any technical or business information disclosed by one party to the other that: (i) if disclosed in writing, is marked “confidential” or “proprietary” at the time of disclosure; (ii) if disclosed orally, is identified as confidential or proprietary at the time of such disclosure, and is summarized in a writing sent by the disclosing party to the receiving party within thirty (30) days of the disclosure; or (iii) irrespective of the manner of disclosure, which the receiving party should reasonably understand to be confidential or proprietary to the disclosing party. For the purposes of this EULA, you agree that the Feedback, any Deliverables we provide to you, and any non-public elements of each Application (including, without limitation, the source code of any Constella-proprietary software), will be deemed to be Constella’s Confidential Information, regardless of whether it is marked as such. Customer Data will be considered Customer’s Confidential Information, regardless of whether it is marked as such.

12.2 Restrictions on Use and Disclosure. Neither of us will use the other party’s Confidential Information, except as permitted under this EULA. Each of us agrees to maintain in confidence and protect the other party’s Confidential Information using at least the same degree of care as it uses for its own information of a similar nature, but in all events at least a reasonable degree of care. Each of us agrees to take all reasonable precautions to prevent any unauthorized disclosure of the other party’s Confidential Information, including, without limitation, disclosing Confidential Information only to its employees, independent contractors, consultants, and legal and financial advisors (collectively, “Representatives”): (i) with a need to know such information, (ii) who are parties to appropriate agreements sufficient to comply with this Section 12, and (iii) who are informed of the nondisclosure obligations imposed by this Section 12. Each party will be responsible for all acts and omissions of its Representatives. The foregoing obligations will not restrict either party from disclosing Confidential Information of the other party pursuant to the order or requirement of a court, administrative agency, or other governmental body, provided that the party required to make such a disclosure gives reasonable notice to the other party to enable them to contest such order or requirement.

12.3 Exclusions. The restrictions set forth in Section 12.2 will not apply with respect to any Confidential Information that: (i) was or becomes publicly known through no fault of the receiving party; (ii) was rightfully known or becomes rightfully known to the receiving party without confidential or proprietary restriction from a source other than the disclosing party who has a right to disclose it; (iii) is approved by the disclosing party for disclosure without restriction in a written document which is signed by a duly authorized officer of such disclosing party; or (iv) the receiving party independently develops without access to or use of the other party’s Confidential Information.

13. Trademarks. You acknowledge and agree that any Constella names, trademarks, service marks, logos, trade dress, or other branding included as part of the Application or on our website(s) (collectively, the “Marks”) are owned by Constella and may not be copied, imitated, or used (in whole or in part) without Constella’s prior written consent. All other trademarks, names, or logos referenced as part of the Application or on our website(s) (collectively, “Third-Party Trademarks”) are the property of their respective owners, and the use of such Third-Party Trademarks inure to the benefit of their respective owners. The use of such Third-Party Trademarks is intended to denote interoperability, and does not constitute an affiliation by Constella or its licensors with any company or an endorsement or approval by that company of Constella, its licensors, or their respective products or services.

14. General Provisions.

14.1 Entire Agreement; Amendments; No Other Terms. This EULA, including each link referenced herein, along with each Exhibit and mutually-executed Order Form and SOW, constitutes the complete and exclusive understanding of the parties with respect to its subject matter, and supersedes all previous or contemporaneous agreements or communications, whether written or oral, relating to its subject matter. As noted above, Constella reserves the right to change or modify this EULA, or any of our other policies or guidelines, at any time upon notice to you. This EULA is the only agreement between us, and the terms of any purchase order, written terms or conditions, or other document that you send to us that contains terms that are different from, in conflict with, or in addition to the terms of this EULA are hereby rejected by Constella, and will be void and of no effect.

14.2 Governing Law and Jurisdiction. This EULA will be governed, interpreted and enforced in accordance with the applicable federal laws of the United States of America and exclusive jurisdiction shall be the appropriate U.S. federal courts. To the extent permitted by federal law, the laws of the State of California will apply in the absence of federal law.

14.3 Assignment. Neither party may assign this EULA, in whole or in part, by operation of law or otherwise, without the prior written consent of the other party, and any attempted transfer, assignment or delegation without such consent will be void and of no effect. Notwithstanding the foregoing, however, each party may assign this EULA in its entirety, upon written notice but without the requirement to obtain consent, to an affiliate of that party or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of that party’s business or assets. Subject to the foregoing, this EULA will be binding upon and will inure to the benefit of the parties and their respective representatives, heirs, administrators, successors and permitted assigns.

14.4 Miscellaneous. Constella agrees that your seals, trademarks, logos, service marks, trade names, and the fact that you access and use our products or services shall not be used by Constella in such a manner as to state or imply that Constella’s products or services are endorsed, sponsored or recommended by you or by any other element of the federal government, or are considered by these entities to be superior to any other products or services. Constella may list the Government’s name in a publicly available customer list so long as the name is not displayed in a more prominent fashion than that of any other third-party name. Constella will, in good faith, exercise due diligence using generally accepted commercial business practices for IT security, to ensure that systems are operated and maintained in a secure manner, and that management, operational and technical controls will be employed to ensure security of systems and data. Except as expressly set forth in this EULA, the exercise by either party of any of its remedies will be without prejudice to its other remedies under this EULA or otherwise. The failure by a party to enforce any part of this EULA will not constitute a waiver of future enforcement of that or any other provision. Any waiver of any provision of this EULA will be effective only if in writing and signed by an authorized representative of the waiving party. You acknowledge that you are responsible for complying with all applicable laws and regulations associated with your access and use of each Application and the Constella Data, including, without limitation, all applicable data privacy, security, and export control laws and regulations. If any portion of this EULA is held to be unenforceable or invalid, that portion will be enforced to the maximum extent possible, and all other provisions will remain in full force and effect. Except for payments due under this Agreement, neither party will be responsible for any delay or failure to perform that is attributable in whole or in part to any cause beyond its reasonable control. The parties are independent contractors with respect to the subject matter of this EULA. Nothing contained in this EULA will be deemed or construed in any manner whatsoever to create a partnership, joint venture, employment, agency, fiduciary, or other similar relationship between us, and neither party can bind the other contractually.

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