SENDILY PRIVACY POLICY

Last Updated April 2, 2026

This is the Privacy Policy for the Sendily application for mobile devices (the “Application”) provided by Lively, along with its corporate parent and subsidiaries (collectively, “Company,” “us” or “we”). This Privacy Policy describes how we collect and treat information when you download or use the Application, our website sendily.com, or your interactions with the Company in any manner (collectively, our “Services”). Your use of our Services is conditioned on your consent to this Privacy Policy and your agreement to our Terms of Use.

Summary of Privacy Practices:

We want you to have a clear understanding of how we collect and treat your information. We encourage you to read this Privacy Policy in full to understand in detail how we collect and use information through the Services. Here is a summary of our practices, as detailed in this Privacy Policy:

• The Application is a universal messaging client that allows you to connect to and send and receive messages through a Chat Server of your choosing.
• We do not collect any Personal Information through the Application, but the Chat Server might collect and/or use your Personal Information under its own privacy practices.
• We do not collect or process any sensitive Personal Information.
• The Application does not use artificial intelligence technology.
• We do not “sell” or “share Personal Information, as those terms are defined by certain privacy laws.
• This Privacy Policy does not apply to the privacy practices of any Chat Server that you may access or use through the Application. Please refer to the privacy policy for the Chat Server to understand the privacy practices of that Chat Server host.
• A notice of privacy rights is provided in Section 7 of this Privacy Policy.
• If you have any questions or want to exercise your privacy rights, please contact us at privacy@sendily.com.
• This Privacy Policy is governed by the Sendily Terms of Use posted to sendily.com.

YOU ACCEPT AND CONSENT TO THE PRIVACY PRACTICES DESCRIBED IN THIS PRIVACY POLICY BY DOWNLOADING OR USING THE SERVICES OR CLICKING TO ACCEPT WHERE THAT OPTION IS AVAILABLE. If you do not agree with this Privacy Policy, do not use our Services.

1. What is “Personal Information”?

As used in this Privacy Policy, “Personal Information” means information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual consumer or household. Below is a list of examples of Personal Information:

• Identifiers (e.g., name, email, telephone number, address, username);
• Sensitive Personal Information (e.g., government identification number; precise geolocation; racial or ethnic origin; religious beliefs; health data; contents of messages when we are not the recipient; in some cases, information about a known child);
• Legally protected information (e.g., race, citizenship, marital status, sex);
• Employment-related information (e.g., current or past employment);
• Non-public educational information, including information protected under the Family Educational Rights and Privacy Act (20 U.S.C. § 1232g, 34 C.F.R. Part 99);
• Biometrics (e.g., fingerprint or facial recognition) and audio, electronic, visual, thermal, or olfactory information;
• Commercial information (e.g., products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies);
• Internet or other similar activity (e.g., browsing history; content interactions); and
• Inferences drawn from Personal Information to create a profile about preferences, characteristics, trends, predispositions, behavior, attitudes, intelligence, and aptitudes.

Not all information about you is legally protected as Personal Information. For example, privacy laws sometimes exclude publicly available information, aggregated information (meaning data summaries or reports with Personal Information removed), or anonymized information that cannot be linked back to an individual from the scope of information subject to privacy protections.

2. Children's Privacy

The Application is designed for adults, not children. You must be at least 18 years old to download and use the Application or our other Services. If we discover that a minor has provided us with Personal Information, we will delete their information from our systems. Please contact us at privacy@sendily.com if you believe we might have collected a minor’s information online.

3. Collection & Use of Personal Information

We collect Personal Information as a data controller. We only collect, use, retain, and disclose Personal Information as reasonably necessary and proportionate to achieve our purposes, or for other purposes that we disclose to you and are compatible with the context of how we collected the Personal Information. Our privacy practices are based on the following lawful bases:

• Your consent, as informed by this Privacy Policy and freely given at the time you provide your information;
• Contractual necessity, such as providing the Application to you subject to the Sendily Terms of Use;
• When we have a legitimate interest, such as improving the Application, ensuring security, and preventing fraud; or
• As authorized or required by law.

The Services collect and process Personal Information as described below:

• The Application. The Application is a universal messaging client that allows you as the end user to select and connect to any third-party XMPP chat server (“Chat Server”). We do not collect any Personal Information through the Application. The Application functions as described below:
  • End users do not register to download or use the Application, so we will not collect any identifiers, login credentials, or other Personal Information from you to download or use the Application.
  • Any end user registration will take place on the Chat Server you select. The Chat Server’s host (not the Application) handles end user authentication and authorization. Your connection to and use of a Chat Server via the Application is additionally and separately subject to that Chat Server’s terms and conditions and privacy policy.
  • The Application can be used to login to the Chat Server that you choose. The Chat Server host will process the end user’s username and password to authenticate the end user to access the Chat Server.
  • Once you log into the Chat Server through the Application for the first time, the Application will cause the Chat Server address to be stored locally on your mobile device so that you will be automatically reconnected to the Chat Server the next time you open the Application.
  • The Application does not store the Chat Server address or your login credentials on our systems. All such data is stored locally on your device or on the Chat Server.
  • You can log out of the Chat Server through the Application, which will cause the Application to delete the Chat Server address from your mobile device.
  • We do not have access to Chat Server addresses, usernames, passwords, IP addresses, or any other end user data through the Application, and we cannot access any messages sent or received through the Application. However, the Chat Server host can access and process messages or other data you send or receive through that Chat Server.
• When you contact the Company. If you interact with Company online, by email, or through other methods:
  • We will collect Personal Information including identifiers like your name and email address or username, along with any other Personal Information that you choose to include in your message to us.
  • We use this Personal Information to respond to your inquiries and to communicate with you about the Application or other Services.
  • The Company may use your contact information to send you marketing messages according to your stated communication preferences and applicable law. You may opt-out of marketing messages at any time by clicking the Unsubscribe link in any email from the Company or by contacting privacy@sendily.com with a subject line “Opt-out of marketing communications.”
• Technical Data. The Application may automatically collect technical data from your session or other use of the Application:
  • We may collect information about how you interact with the Application (e.g., features used, session duration). This data is collected and processed so that the end user remains anonymous.
  • We use this data to analyze usage patterns and improve functionality.
  • The Application does not use cookies, pixels, or any related technologies.
  • The Application does not collect precise geolocation data from your device.

In addition to the specific uses described above, we may use your Personal Information to:

• Protect your privacy and the privacy of others;
• Comply with a law, regulation, legal process, or order;
• Monitor your compliance with this Privacy Policy and your agreements with us;
• If we believe it is necessary, to identify, contact or bring legal action against persons or entities who may be causing injury to you, to us, or to others; or
• For any other purpose with your consent.

We will not collect additional categories of Personal Information or use your Personal Information for purposes that are incompatible with the purpose stated at the time of collection without first notifying you by updating this Privacy Policy or through other means.

4. Retention of Personal Information

We retain any Personal Information collected through the Services only for as long as it is necessary to provide the Services or for compatible purposes, perform our business activities, comply with legal requirements, or preserve or defend our legal rights. In most cases, we will permanently delete Personal Information within 12 months of collection. However, we reserve the right to retain information for longer periods if we determine it is necessary to comply with the law, prevent fraud, resolve disputes, troubleshoot problems, assist with investigations, enforce our terms and conditions, or take other actions permitted by law.

5. Disclosure of Personal Information

We will only disclose your Personal Information to third parties with your permission, as described in this section, or as required by law. In the preceding 12 months, we have disclosed all categories of Personal Information we collected for one or more business purposes, as described below:

• Third-Party Service Providers. The Application and our other Services rely on third-party service providers like hosting, analytics, and customer support services to provide certain features of the Services. We may need to disclose your Personal Information to these service providers so they can perform their contractual obligations to us. Additionally, the Application may integrate third-party software development kits (SDKs) such as Google Analytics, Firebase, or similar tools for analytics, crash reporting, or other functionality. Each SDK has its own privacy policy governing the data it collects, which applies to our use of these tools for the Application. Our service providers are subject to contractual agreements that protect your Personal Information, and we require all service providers to maintain confidentiality standards that are commercially reasonable to ensure the security of your Personal Information. The type of information that we provide to a Service Provider depends on the service that they provide. Please contact privacy@sendily.com if you would like to request a list of current third-party service providers for the Application.
• Law Enforcement and other governmental agencies. We may be required to disclose, and may disclose, Personal Information in response to lawful requests by public authorities. This type of disclosure may relate to an investigation of illegal activities as required by law enforcement or our obligations to meet national security requirements. If permitted by law, we will inform the relevant user and provide a reasonable opportunity to object before making such disclosure.
• Other Third Parties. We may disclose your Personal Information to other third parties in certain circumstances as permitted by applicable law, for example: (i) if we go through a business transition (e.g., merger, acquisition, or sale of a portion of our assets); (ii) to comply with a legal requirement or a court order; (iii) when we believe it is appropriate in order to take action regarding illegal activities or prevent fraud or harm to any person; (iv) to exercise or defend our legal claims; or (v) for any other reason with your consent.
• Aggregated and Deidentified Information. We reserve the right to disclose aggregated, anonymized, or de-identified information about any individuals with nonaffiliated entities for research, marketing, or other purposes, without restriction.

We will not disclose Personal Information to third parties except as described in this section or with your consent.

6. Your Privacy Controls

This section describes your methods and options to directly control how we collect and use your Personal Information.

• Delete the Application. We do not collect or process any Personal Information through your use of the Application. However, you can stop all data processing through the Application by deleting it from your device. If you delete the Application, any Chat Server addresses stored on your device will also be deleted. Please contact privacy@sendily.com with any questions.
• Email Communications. If you provide us with your email address, we may send you informational or support emails or, if you opt-in, marketing emails about the Services. If you do not wish to receive our marketing emails, you can use the Unsubscribe link in any email from the Company or send an opt-out request to privacy@sendily.com to be removed from our email list. Please note, however, you cannot opt out of emails relating to your use of the Application, transactions you initiate, or changes to our Terms of Use, this Privacy Policy, or other policies or notices that may affect your access to or use of the Services.
• Do Not Track. Do Not Track signals are signals sent through a browser informing us that you do not want to be tracked. The Application is not a website, it does not use tracking technology, and it does not recognize browser “do-not-track” requests.
• Privacy Requests.

  Depending on where you reside, you may be entitled to additional controls over your Personal Information. If you wish to exercise your privacy rights beyond the methods described above, or if you want to express concerns, lodge a complaint, or request information, please submit a request via our Privacy Request by email to privacy@sendily.com.

  We can only legally fulfill a Privacy Request when we have sufficient information to verify that the requester is the person or an authorized representative of the person about whom we have collected Personal Information, and to properly understand, evaluate, and respond to the request. We do not charge a fee to process or respond to a verifiable request unless we have legal grounds to do so, such as requests that are excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

  We endeavor to respond to privacy requests in accordance with the requirements of the law applicable to your jurisdiction. If we do not fulfill your request within the legally required timeline, you can appeal our response by contacting privacy@sendily.com.

  Additionally, residents of the United Kingdom, European Union or European Economic Area have the right to lodge a complain t with their local supervisory authority.

  WE DO NOT HAVE ACCESS TO OR ANY CONTROL OVER YOUR PERSONAL INFORMATION PROCESSED BY A CHAT SERVER. PLEASE CONTACT THE CHAT SERVER WITH ANY QUESTIONS ABOUT THOSE PRIVACY PRACTICES OR YOUR PRIVACY RIGHTS.

7. Notice of Privacy Rights

This section provides informational notices pursuant to consumer privacy laws that require companies to inform consumers about their privacy rights. Your privacy rights depend on the country and/or state or province where you reside and how you use our Services. Depending on where you reside, you may be entitled to some or all the privacy rights listed below:

• Right to know. You have the right to know how we collect and process your Personal Information. We provide the required information for a consumer’s right to know in this Privacy Policy. We may provide you with additional notices about other ways we process your Personal Information, such as by sending you a notice via email or posting information in the Application.
• Right to reasonable expectations. You can expect us to collect, use or disclose Personal Information responsibly and not for any purpose other than what is described in this Privacy Policy. We process Personal Information according to the lawful bases described in Section 3, and we will collect legally required consent at various stages of our interactions with you. If we collect or use your Personal Information based on your consent, we will also notify you of any changes and will request your further consent as required by law. You may withdraw your consent at any time with reasonable notice by contacting privacy@sendily.com.
• Right to accuracy, and the right to correct your Personal Information. Some privacy laws provide a right to the accuracy of Personal Information stored on information systems. If you become aware that the Personal Information that we hold about you is incorrect, or if your information changes, please inform us and we will update our records.
• Right to access your Personal Information. You may have the right to request confirmation that we have collected Personal Information about you and that we provide you with access to that Personal Information. Please note that certain laws may prohibit us from disclosing specific pieces of Personal Information, and we may be limited in the number or frequency of requests we must fulfill.
• Right to deletion. You may have the right to request that we delete or dispose of your Personal Information on our systems, with certain exceptions. If you request deletion of your Personal Information, we may fulfill your request by permanently deleting, deidentifying, or aggregating your Personal Information.
• Right to data portability. In some cases, upon your request, we must provide your Personal Information to another organization at your request and in a structured, commonly used machine-readable format, so that the other organization can read and use it.
• No selling or sharing Personal Information. Some jurisdictions entitle consumers to opt out of the sale or sharing of their Personal Information or targeted advertising practices. We do not sell any Personal Information or share Personal Information with third parties for cross-contextual behavioral advertising purposes.
• No automated decision-making or profiling. We do not use automated decision-making or any form of automated processing of Personal Information to evaluate, analyze, or predict your performance, preferences, choices, or behavior. The Application does not use artificial intelligence technologies to process Personal Information or provide any features.
• Limited use and disclosure of sensitive Personal Information. We do not collect any sensitive Personal Information, and in no case will we use or disclose sensitive Personal Information for the purpose of inferring characteristics about a consumer.
• Right to object. You may have the right to request, under certain circumstances and where we are required to do so by law, that we limit our processing of your Personal Information as you request.
• Right to restrict processing. You may have the right to request that we restrict the processing of your Personal Information if (i) the data is inaccurate, (ii) the processing is unlawful, (iii) we no longer need the Personal Information, or (iv) you exercise your right to object. Note that, under some laws, your right to restrict may be limited to Personal Information that is sensitive in nature, or that is sold or shared for certain purposes.
• Right to non-discrimination. If you reside in a jurisdiction that extends a right to non-discrimination related to the exercise of privacy rights, we will not (i) deny you goods or services, (ii) charge you different prices or rates for goods or services, (iii) provide you a different level or quality of goods or services, (iv) retaliate against you as an employee, applicant for employment, or independent contractor; or (v) suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services, because you exercised your statutory right unless permitted by law.
• Health Data Rights. The Services do not collect any health data. Some laws entitle consumers to certain details about health data collected about them, including (i) confirmation of whether the entity collects, shares, or sells the consumer’s health data and access that data, including a list of all third parties and affiliates with whom the entity has shared or sold the health data and a method to contact those third parties, (ii) a method to withdraw consent related to use of health data, and (iii) the right to have their health data be deleted.
• Right to disclosure. You may request that we provide you with certain details about our collection and use of your Personal Information, such as: (i) the categories of Personal Information we have collected about you; (ii) the categories of sources for the Personal Information we have collected about you; (iii) categories of our team members who have access to your Personal Information and our business purpose for collecting, using, processing, sharing or selling that Personal Information, as applicable; (iv) the categories of third parties with whom we share that Personal Information; and (v) if we sold or shared your Personal Information under a privacy law that governs those transactions, two separate lists stating: (y) sales or sharing, identifying the Personal Information categories that each category of recipient purchased; and (z) disclosures for a business purpose, identifying the Personal Information categories that each category of recipient obtained. Certain laws may limit the number or frequency of requests we must fulfill.
• Right to marketing information. If you are a resident of the State of California, California’s Shine the Light Act (Civil Code sections 1798.83-1798.84) entitles California consumers to request certain disclosures regarding Personal Information sharing with affiliates and/or third parties for marketing purposes.

Please direct any questions or requests to exercise these rights related to your use of the Application or our other Services to privacy@sendily.com. Note that we do not have access to or any control over your Personal Information processed by a Chat Server. Please contact the Chat Server with any questions about those privacy practices or the exercise of your privacy rights.

8. Owned and Operated in the United States

The Company is owned and operated in the United States and provides the Application and our other Services subject to United States law. However, it is possible that end users located outside the United States may choose to use our Services. If you access the Services from outside the United States, you agree that your Personal Information will be transferred to, processed, stored, and used in the United States so that we may provide the Services that you have requested. When your information is moved from your home country to another country, the laws that protect your Personal Information in the country to which your information is transferred may be different from those of the country where you live. For example, if your information is in the United States, it may be accessed by government authorities under United States law. When transferring Personal Information across jurisdictional borders, we take measures to comply with applicable data protection laws related to such transfer, such as Standard Contractual Clauses approved by the European Commission or another applicable legally sufficient transfer mechanism.

9. Data Security

We are committed to safeguarding the Personal Information entrusted to our company. We have implemented and we maintain reasonable and appropriate security measures to help protect your Personal Information in our possession from unauthorized access, processing, alteration, or disclosure. We use a combination of technical and organizational measures, procedures, and standards appropriate to the volume, scope, and nature of the Personal Information processed and designed to meet our duty of care with respect to your Personal Information to govern Personal Information processing and to safeguard the data in our possession. Our security measures include encryption of data in transit, access controls limiting data access to authorized employees and contractors, and regular security reviews and assessments.

Please note, however, that no transmission of data over the Internet or mobile platforms is 100% secure, and we cannot guarantee that unauthorized third parties will not defeat our security measures or use your information for improper purposes. The security of your information also depends on how you use the Application, Chat Servers, or other technology. We are not responsible for any lost, stolen, or compromised passwords, or for any activity on your account via unauthorized activity.

10. Third-Party Services

The Services may offer links or other connectivity to Chat Servers or other third-party platforms or services for your convenience. Your access to and use of third-party platforms or services is governed by the privacy notices of those third parties, not ours. We are not responsible for the privacy practices of any third party.

11. Updates to this Privacy Policy

We may update this Privacy Policy from time to time. If we make material changes to how we treat your Personal Information, we will post the revised Privacy Policy on this page. The date that this Privacy Policy was last revised is identified at the top of the page. Your continued use of the Services after we make changes is deemed to be your acceptance of those changes. You are responsible for periodically visiting this Privacy Policy to check for any changes.