Terms for the pixel

Date of Last Revision: October 21st, 2026

In addition to the terms and conditions set forth elsewhere in the Agreement, the following terms and conditions (these "Pixel Terms") apply whenever an Order Form specifies that Client's subscription includes website visitor identification, or whenever Client or any Tenant installs or uses a Pixel. Capitalized terms used but not otherwise defined herein shall have the meanings given in the Terms of Service by and between the applicable Client and Faraday, Inc. (the “Terms of Service”).

1. Applicability to Tenants

1.1 Flow-Down to Tenants. Where the Agreement permits Client to use the Faraday Products for the benefit of Tenants, every obligation and restriction in these Pixel Terms that applies to Client applies equally to each Tenant on whose site a Pixel is installed or for whom Pixel Data is received, and every right in these Pixel Terms to install the Pixels or use Pixel Data or Pixel Outputs extends to that Tenant for its own Participating Sites and its own benefit; provided that, with respect to Pixel Data and Pixel Outputs, such rights will extend solely to the Pixel Data or Pixel Outputs obtained for the benefit of such Tenant. References to Tenants have no effect where the Agreement does not define the term “Tenants.”

2. Definitions

"Excluded Jurisdiction" means the European Economic Area, the United Kingdom, Switzerland, and any other jurisdiction Faraday designates by written notice.

"Identity Provider" means any third party that provides the Pixels, identity resolution, or Pixel Data to Faraday.

"Participating Site" means a domain or subdomain on which a Pixel is deployed.

"Pixel" means any identification pixel, event pixel, tag, script, SDK, or related code and documentation that Faraday or an Identity Provider makes available for website visitor identification or event collection.

"Pixel Data" means all data collected by a Pixel or delivered by Faraday or an Identity Provider in connection with a Pixel, including identifiers, names, email addresses, postal addresses, phone numbers, device and browser data, page and event data, and data derived from any of them, together with all copies, extracts, and hashed, de-identified, or reformatted forms of that data, whoever holds them.

"Pixel Outputs" means any Output or other score, segment, audience, model, or result derived in whole or in part from Pixel Data.

"Prohibited Site" means any site, page, or flow that is directed to children, or that concerns health, medical, pharmacy, therapy, addiction, reproductive, or wellness services (including supplements, fitness, and other health-adjacent sites); financial account or loan applications; adult content, dating, or sexual orientation; political, religious, or union affiliation; immigration or criminal defense; or firearms or ammunition.

"Site Operator" means Client or the Tenant, as applicable, that owns or operates a Participating Site.

"Suppression Request" means an instruction from Faraday or an Identity Provider to suppress, delete, or stop using one or more identifiers or records.

3. Pixel License and Deployment

3.1 License. Subject to the Agreement, Faraday grants Client a non-exclusive, non-transferable, revocable sublicense during the term of the applicable Order Form to install, and to permit each Tenant to install, the Pixels solely on the applicable Site Operator's own Participating Sites, for the sole purpose of receiving Faraday services based on Pixel Data.

3.2 Authorization. Client represents and warrants that each Site Operator owns or controls its Participating Sites and has authorized Faraday and the Identity Provider to operate the Pixels on them.

3.3 Deployment. Each Site Operator will deploy the Pixels unmodified, without removing or obscuring any identifier in them, and in accordance with Faraday's documentation, and will implement any updated version of the Pixels or that documentation within ten (10) business days after Faraday provides it (or sooner where Faraday specifies that the update addresses a security or legal issue). Site Operators will not copy, modify, reverse engineer, decompile, or create derivative works of the Pixels. Client will identify each Participating Site and its Site Operator to Faraday in writing before a Pixel is deployed on it.

3.4 Removal. Each Site Operator will remove the Pixels from a Participating Site within five (5) business days after Faraday's request and, for a Tenant, when that Tenant stops receiving services based on Pixel Data, and, for every Participating Site, when the website visitor identification portion of Client's subscription expires or terminates.

3.5 Materials; Confidential Information. Pixel Data and Pixel Outputs are “Materials” and “Confidential Information” of Faraday, as such terms are defined in the Terms of Service, notwithstanding any exclusion from the definition of Confidential Information for aggregated, anonymized, or de-identified information.

4. Notice, Consent, and Opt-Outs

Each Site Operator will:

4.1 disclose in the privacy policy for each of its Participating Sites, in a manner that complies with applicable law, (a) the categories of personal information collected through the site, including through third-party pixels, tags, and cookies, (b) that this information may be disclosed to third-party technology and data partners who may combine it with other information to identify visitors and to build models, audiences, and marketing, and that this disclosure may be a sale or sharing of personal information under applicable law, and (c) how visitors can opt out, including through any opt-out of sale or sharing link that applicable law requires, without any need to name Faraday or any Identity Provider;

4.2 provide all legally required notice, and obtain all legally required consent, for the collection of information through the Pixels, its resolution to an identity, its transfer to Faraday and Identity Providers, and its use to build Pixel Outputs;

4.3 deploy and maintain any consent mechanism required in the jurisdictions its Participating Sites serve and, where a Participating Site lets visitors decline or withdraw consent to cookies or tracking, configure the Pixels so they do not fire for a visitor who does so; and

4.4 honor opt-out requests and opt-out preference signals, including the Global Privacy Control and any universal opt-out mechanism recognized under applicable law, including by preventing the Pixels from firing for the affected visitor.

5. Prohibited Sites and Excluded Jurisdictions

5.1 No Site Operator will deploy, or permit the deployment of, any Pixel on any Prohibited Site.

5.2 No Site Operator will deploy, or permit the deployment of, any Pixel on any site that targets or knowingly serves visitors in an Excluded Jurisdiction, and each Site Operator will geo-fence the Pixels so they do not fire for visitors in an Excluded Jurisdiction. Where a Participating Site receives visitors from an Excluded Jurisdiction, its Site Operator will configure the Pixel (and/or where necessary cooperate with Faraday to configure the Pixel) so that the Pixel does not fire for those visitors, including by implementing any geographic suppression Faraday specifies.

5.3 If a Site Operator learns that a Pixel has been deployed contrary to this Section 5, it will promptly remove the Pixel and notify Faraday.

6. Suppression and Consumer Requests

6.1 Client and each Tenant will process each Suppression Request within ten (10) business days after receiving it (and Client will pass each Suppression Request to each affected Tenant within two (2) business days after Client receives it), by suppressing, deleting, or ceasing use of the identified records in all Pixel Data and Pixel Outputs in its possession or control, including by excluding them from any future training, tuning, or validation of models, and will confirm completion in writing on request and keep records sufficient to demonstrate completion for two (2) years. Client and each Tenant will also take any further remediation, including deleting or retraining a model, that a regulator or court requires with respect to Pixel Data or Pixel Outputs.

6.2 Each Site Operator will notify Faraday (a Tenant may do so through Client) within five (5) business days after receiving any consumer request to delete, opt out of, or limit the use of personal information that relates to Pixel Data, so that Faraday and the Identity Provider can act on it.

7. Tenants

7.1 Written Agreement. Before a Pixel is deployed on a Tenant's site, Client will have that Tenant agree in writing to these Pixel Terms, which Client may do by having the Tenant accept, without modification, the then-current Tenant Pixel Rider that Faraday makes available to Client for that purpose.

7.2 Records. Client will keep a current list of its Tenants with Participating Sites, provide it to Faraday on request, and provide copies of each Tenant's written agreement under Section 7.1 on request.

7.3 Offboarding. Client will notify Faraday within five (5) business days after a Tenant stops receiving services based on Pixel Data.

8. Use and Onward Transfer

In addition to the restrictions in the Agreement, neither Client nor any Tenant will use Pixel Data or Pixel Outputs (a) for tenant or housing screening; (b) to develop, train, validate, test, or improve any identity resolution or identity matching product or service; (c) to derive any Identity Provider's matching methodology, reconstruct any identity graph, or re-identify any de-identified or aggregated data, including by combining Pixel Data with other data for that purpose; or (d) for the benefit of anyone other than the Site Operator from whose Participating Site the underlying Pixel Data was collected, including by pooling or combining Pixel Data or Pixel Outputs across Site Operators or by using a model materially trained on one Site Operator's Pixel Data for any other person. Where the Agreement permits Client or a Tenant to disclose Pixel Data to a third party, the recipient must be bound in writing to restrictions on use and disclosure at least as protective as those in these Pixel Terms.

9. Deletion and Certification

Client and each Tenant will delete Pixel Data and Pixel Outputs in its possession or control within thirty (30) days after the earlier of (a) Faraday's written request and (b) the date on which the applicable Site Operator stops receiving services based on Pixel Data or the website visitor identification portion of Client's subscription ends, except to the extent applicable law requires retention, in which case these Pixel Terms continue to apply to the retained data, and will certify deletion in writing on request. No more than once a year, Client will certify in writing, within thirty (30) days after Faraday's request, its and its Tenants' compliance with these Pixel Terms, including the suppression process in Section 6.

10. Claim and Incident Notice

Client and each Tenant will notify Faraday at legal@faraday.ai (a Tenant may do so through Client) (a) within three (3) business days after receiving any privacy complaint, demand letter, arbitration notice, claim, lawsuit, or regulatory or attorney general inquiry, in each case, relating to the Pixels, Pixel Data, or Pixel Outputs, and (b) within forty-eight (48) hours after confirming any security incident that compromises Pixel Data, describing what is known, the categories and approximate volume of data involved, and the steps being taken. Client and each Tenant will cooperate in good faith with Faraday and any Identity Provider in responding, including by providing information reasonably needed to answer a consumer request or a regulator. Client will reimburse Faraday's reasonable costs of investigating and responding to, and of making any notifications required by, a security incident that occurs in the systems of Client, any Tenant, or any of their service providers.

11. Suspension

If Faraday reasonably believes a Participating Site does not comply with these Pixel Terms or the Agreement, or that a Participating Site, Client, or a Tenant has received a demand letter, regulatory inquiry, or claim relating to the Pixels, Faraday may suspend delivery of Pixel Data for that Participating Site, Client, or Tenant, as applicable. A suspension under this Section 11 is not a breach by Faraday, and will not relieve any obligation of Client to pay any fees to Faraday under the Agreement.

12. Updates

Notwithstanding anything to the contrary in the Agreement, Faraday may update these Pixel Terms where reasonably necessary to comply with applicable law or with the requirements of an Identity Provider. Faraday will give Client at least thirty (30) days' written notice of each update, and will update the Date of Last Revision; provided that where applicable law, a regulator or court, or an Identity Provider requires a change to take effect sooner, Faraday will give as much notice as is reasonably practicable. If an update materially and adversely affects Client, Client may, as its sole remedy, stop using the Pixels and terminate the website visitor identification portion of its subscription by written notice to Faraday before the update takes effect. Continued installation or use of any Pixel by Client or any Tenant after an update takes effect constitutes acceptance of the update. Client will promptly notify each affected Tenant of each update.

13. Identity Provider Termination

Notwithstanding anything to the contrary in the Agreement, if an Identity Provider terminates, suspends, or ceases to provide any Pixel, identity resolution, or Pixel Data on which Faraday relies to provide website visitor identification, Faraday may, by written notice to Client, terminate the website visitor identification portion of Client's subscription, in whole or in part, effective on the date stated in the notice. Faraday will refund to Client any prepaid fees for the terminated portion attributable to the period after the effective date of termination. That refund is Client's sole and exclusive remedy, and Faraday will have no other liability to Client or any Tenant arising from such termination. On termination, each Site Operator will remove the Pixels in accordance with Section 3.4.

14. Survival

Sections 3.4, 3.5, 5.3, 6, 8, 9, 10, 13, 14 and 15 survive any expiration or termination of the Agreement or of the website visitor identification portion of Client's subscription.

15. Identity Provider Claims

Client's defense and indemnification obligations under the Agreement extend to any Third-Party Proceeding against an Identity Provider, and to any amounts Faraday is required to pay to an Identity Provider in respect of any Third-Party Proceeding, in each case to the extent arising from a breach of these Pixel Terms by Client or any Tenant. In addition, to the extent Client’s defense and indemnification obligations under the Agreement arise from a breach of these Pixel Terms by Client or any Tenant, the term “Indemnified Liabilities” shall include all fines, penalties, and other amounts assessed by a governmental or regulatory authority.