60.1 General Principle

AKBSTOCK’s ownership, legal structure, business organization, assets or operations may change over time.

In connection with a legitimate business or organizational change, personal information associated with AKBSTOCK may be transferred, disclosed, reviewed, reorganized or otherwise processed where reasonably necessary and permitted by applicable law.

60.2 Types of Business Changes

Business or organizational changes may include a merger, acquisition, sale, restructuring, reorganization, incorporation, conversion of legal form, financing transaction, transfer of assets, transfer of operations, partnership arrangement, succession or other legitimate corporate or commercial transaction.

The exact information involved and manner of processing will depend on the nature and structure of the relevant transaction.

60.3 Change in Legal Structure

AKBSTOCK may change its legal or organizational structure as the business develops.

For example, business activities currently operated under one legal form may later be transferred to or continued through a company, limited liability entity, partnership, successor organization or another legally recognized business structure.

Where personal information needs to be transferred as part of such a legitimate organizational change, AKBSTOCK will seek to handle the transfer in accordance with applicable law.

60.4 Merger or Acquisition

If AKBSTOCK becomes involved in a merger, acquisition, consolidation or similar transaction, personal information may form part of the information or assets reasonably necessary to evaluate, negotiate, complete or administer that transaction.

Any processing of personal information in connection with such a transaction remains subject to applicable privacy and data protection requirements.

60.5 Sale or Transfer of Business Assets

If all or part of AKBSTOCK’s business, operations or assets are sold or transferred, information reasonably associated with the transferred business may also be transferred where legally permitted and appropriate to the transaction.

This may include information necessary to continue Accounts, orders, Product access, Subscription Plans, licenses, Customer support, transaction records or other legitimate business functions.

60.6 Transfer of Website Operations

AKBSTOCK may transfer responsibility for operating the Website or particular Website services to a successor or related business entity as part of a legitimate organizational change.

Where such a transfer includes personal information, the information may be transferred to the entity assuming responsibility for the relevant Website operations, subject to applicable law.

60.7 Successor Entity

A successor entity may assume responsibility for some or all AKBSTOCK business operations, contractual relationships, Website services, Products, Accounts, licenses or related records.

Where appropriate, personal information may be transferred to that successor to enable continuity of legitimate business functions and fulfillment of existing obligations.

60.8 Continuity of Customer Accounts

Where reasonably possible and appropriate to the transaction, AKBSTOCK may transfer Account information to a successor entity so that Customers can continue accessing relevant Account functionality and services.

Whether particular Account features remain available after an organizational change may depend on the nature of the transaction, technical systems, applicable agreements and legal requirements.

60.9 Existing Orders & Transactions

Information concerning existing or historical orders, payments, invoices, refunds, chargebacks and other transactions may be transferred where reasonably necessary for continuity, accounting, taxation, Customer support, fraud prevention or legal compliance.

An organizational change does not by itself erase transaction records that remain lawfully required or reasonably necessary.

60.10 Existing Product Licenses

A business or organizational change does not automatically terminate Product Licenses that were validly granted before the change.

The continuing validity, scope and restrictions of an existing Product License remain subject to the applicable License Agreement, transaction terms and applicable law.

Relevant licensing records may be transferred to a successor entity where reasonably necessary to administer, verify or enforce those licenses.

60.11 Subscription Records

Where AKBSTOCK has active Subscription Plans at the time of an organizational change, information reasonably necessary to administer those subscriptions may be transferred to an entity assuming responsibility for the relevant services.

The treatment of active subscriptions, billing, renewal, cancellation and existing entitlements will remain subject to applicable contractual terms and law.

60.12 Due Diligence

Before completing certain business transactions, AKBSTOCK may participate in legal, financial, technical, security or commercial due diligence.

During due diligence, limited information may be disclosed to prospective purchasers, investors, advisers, financing parties or other authorized participants where reasonably necessary to evaluate the proposed transaction.

Where practicable and appropriate, information may be aggregated, anonymized, redacted or otherwise limited before disclosure.

60.13 Confidentiality During Transaction Discussions

Where personal information is disclosed during confidential transaction discussions or due diligence, AKBSTOCK may seek to use appropriate confidentiality, contractual, access-control or other safeguards according to the circumstances.

Access should be limited to persons or organizations with a legitimate role in evaluating, advising on, financing or completing the relevant transaction.

60.14 Prospective Transactions That Do Not Complete

A proposed merger, acquisition, financing, investment, asset transfer or other business transaction may be considered but never completed.

Where information has been disclosed during such a process, AKBSTOCK may seek to ensure that the information remains subject to applicable confidentiality, deletion, return, retention or other appropriate requirements according to the circumstances and applicable law.

60.15 Corporate Reorganization

Personal information may be transferred internally or between successor or related business entities as part of a legitimate corporate reorganization, restructuring or allocation of business functions.

Such transfers should have an appropriate business purpose and remain subject to applicable privacy requirements.

60.16 Financing & Investment Transactions

AKBSTOCK may engage with potential investors, lenders, financial institutions or other financing parties as the business develops.

Where personal information is relevant to a legitimate financing or investment transaction, AKBSTOCK may disclose limited information where reasonably necessary and legally permitted.

AKBSTOCK will seek to avoid unnecessary disclosure of directly identifying Customer information where aggregated, anonymized or less identifying information is reasonably sufficient for the relevant purpose.

60.17 Insolvency, Administration or Similar Proceedings

If AKBSTOCK becomes subject to insolvency, administration, restructuring, liquidation or a similar legal or financial proceeding, personal information may be processed or transferred as part of that proceeding where required or permitted by applicable law.

Such processing may involve administrators, insolvency professionals, courts, creditors, purchasers, professional advisers or other legally authorized persons.

60.18 Data Minimization

AKBSTOCK seeks to limit personal information disclosed or transferred in connection with a business transaction to information reasonably necessary for the relevant purpose.

The categories and volume of information involved may vary according to the stage, structure and legitimate requirements of the transaction.

60.19 Security During Business Transfers

AKBSTOCK seeks to apply reasonable security and access-control considerations to personal information processed in connection with business transfers or organizational changes.

Where appropriate, this may include confidentiality obligations, restricted access, secure data-transfer methods or other safeguards proportionate to the information and transaction involved.

General security principles are addressed in Section 51 – Data Security.

60.20 Privacy Obligations Following a Transfer

Where personal information is transferred to a successor or acquiring entity, the subsequent processing of that information must remain subject to applicable privacy and data protection law.

A business transfer does not by itself eliminate mandatory privacy rights or authorize unrestricted use of personal information for purposes unrelated to the circumstances in which it was lawfully obtained.

60.21 Material Changes in Processing

If an organizational change results in a materially different use of personal information, additional notice, consent or another legal basis may be required depending on applicable law and the circumstances.

Where such requirements apply, the relevant entity will seek to implement the required privacy measures before or in connection with the materially different processing.

60.22 Notice of Organizational Changes

Where applicable law requires users to be informed of a business transfer, change of data controller, organizational restructuring or other material change affecting the processing of personal information, AKBSTOCK or the relevant successor entity will seek to provide appropriate notice.

The method and timing of notice may depend on the nature of the transaction, available contact information and applicable legal requirements.

60.23 Privacy Rights Following a Transfer

Applicable privacy rights do not automatically disappear because AKBSTOCK undergoes a merger, acquisition, restructuring, sale or other organizational change.

Individuals may continue to exercise applicable privacy rights against the entity legally responsible for the relevant personal information after the transaction.

General privacy rights are addressed further in Section 53 – Your Privacy Rights.

60.24 Cross-Border Business Transfers

A business transaction or organizational change may involve an acquiring, successor, financing or related entity located outside the jurisdiction in which personal information is currently processed.

Where such a transaction results in an international transfer of personal information, applicable cross-border transfer requirements will be considered.

International processing is addressed further in Section 57 – International Users & Cross-Border Processing.

60.25 Business Transfer Is Not Ordinary Data Sale

A transfer of information as part of a legitimate merger, acquisition, restructuring, succession, financing arrangement or sale of business assets is distinct from selling personal information to unrelated third parties merely as a standalone source of commercial revenue.

Nothing in this Section should be interpreted as granting AKBSTOCK unrestricted authority to sell personal information independently of a legitimate business purpose or applicable legal requirements.

60.26 Retention Following Organizational Change

Following a business transfer or organizational change, relevant information may continue to be retained where reasonably necessary for Accounts, transactions, licensing, taxation, accounting, security, fraud prevention, legal compliance, disputes or continuity of legitimate business operations.

Information that is no longer reasonably necessary should be handled according to applicable retention and deletion requirements.

General retention principles are addressed in Section 52 – Data Retention.

60.27 No Automatic Expansion of Product Rights

A merger, acquisition, sale, restructuring or other organizational change does not automatically expand a Customer’s rights in an AKBSTOCK Product beyond the rights granted under the applicable License Agreement.

Likewise, a transfer of AKBSTOCK’s business does not by itself convert a non-exclusive License into an exclusive License, transfer copyright ownership to a Customer or otherwise modify existing Product rights unless a valid agreement expressly provides otherwise.

60.28 No Automatic Reduction of Existing License Rights

A legitimate organizational change does not by itself reduce or cancel Product usage rights that were validly granted to a Customer and remain effective under the applicable License Agreement.

Any modification, suspension or termination of such rights must have an appropriate basis under the applicable agreement or law.

60.29 Relationship With Other Privacy Provisions

Business transfers and organizational changes may involve information sharing, service providers, security, retention, privacy rights, international transfers and legal compliance.

This Section should therefore be read together with Sections 49 – How We Share Information, 50 – Third-Party Service Providers, 51 – Data Security, 52 – Data Retention, 53 – Your Privacy Rights, 57 – International Users & Cross-Border Processing and 59 – Legal Disclosure & Compliance.

60.30 Section Summary

AKBSTOCK may undergo future changes in ownership, legal structure, financing, organization or business operations. In connection with a legitimate merger, acquisition, restructuring, succession, financing transaction, asset transfer or similar organizational change, relevant personal information may be reviewed, disclosed or transferred where reasonably necessary and permitted by applicable law.

AKBSTOCK seeks to limit such processing to legitimate transaction requirements and to preserve applicable privacy protections, existing contractual obligations and valid Product licensing records.

A legitimate business transfer does not by itself constitute an unrestricted sale of Customer personal information, nor does it automatically cancel, expand or reduce Product License rights previously granted under an applicable AKBSTOCK License Agreement.