Legal & Privacy

DEFINITIONS

“Building Owner” means the owner of the building where your Home Campus is located or the Common Desk location you or your Members are visiting. Building Owner may include any affiliates of such owner or any landlord of Common Desk with respect to the building in which your Home Campus is located or any Common Desk location where you or your Members are visiting.

“Common Desk” means Common Desk Operations and

“Home Campus” means the primary Common Desk location specified under “Membership Details”.

“Member” means each person you authorize to receive other benefits of membership and “member” shall mean any other Common Desk member or user of Services.

“Membership Fee” means the monthly fee paid by you and associated with the use of Services by you and your Members.

“Primary Member” means the Member specified under “Primary Member Contact Information” who is authorized to make changes to or terminate this agreement and receive or give notice under this agreement.

“Private Office Space” means the private office number(s) specified under “Membership Details”.

“Private Office Space” also includes any dedicated desks included in your membership. Additional terms that apply to your Private Office Space are found in Exhibit B.

“Hospitality Suite” means the private suite number(s) specified “Membership Details”. “Hospitality Suite” also includes any dedicated desks included in your membership. Additional terms that apply to your Hospitality Suite are found in Exhibit A.

“Shared Space” means the common areas and shared work space generally provided to Members who do not have access to Private Office Space.

“Term” means the number of months you have agreed to be obligated to the terms of this agreement as specified under Exhibit – A “Membership Details”.

“Upfront Fee” means the nonrefundable fee associated with securing membership.

“You” means the company or individual listed under “Membership Details” and executing this agreement.

Other capitalized terms used in this Agreement are defined in the body of the Agreement.

1. THE BENEFITS OF MEMBERSHIP

(a) Services. Subject to the terms of this agreement, Common Desk will provide each Member the services described below (the “Services”).

• Members have access to all Common Desk locations. Members visiting a location other than your Home Campus will be permitted to use the Shared Space and other amenities generally available to all Common Desk members for the duration of their visit. Private Office Space is unavailable for use by visiting Members unless pre-approved by Common Desk. In the event use of Private Office Space is approved for use by visiting Members, additional charges will apply. Common Desk is providing you and your Members with a non-transferable license to use and access Common Desk locations. The license is exclusive regarding Private Office Space and non-exclusive regarding Shared Space. At any time, Common Desk reserves the right to revoke Member access to certain locations with or without notice to you or your Members.
• This agreement does not create a lease or any landlord/tenant relationship. Common Desk agrees that it shall not have any rights as a landlord and you agree, for yourself and on behalf of your Members, that you and your Members will not have any rights as a tenant, in each case as may be provided under applicable law.
• Shared Space is on a first come, first serve basis. Common Desk cannot guarantee that any Shared Space will be available for you or your Members.
• Common Desk provides regular maintenance at each Common Desk location, provided that you will be responsible for damage caused by Members exceeding normal wear and tear. Common Desk does not provide technical or IT support to any Members and will not be responsible for any damage to any personal property of any Member. You agree that Common Desk provides each location, all Shared Space, and each Private Office Space “as is” for office purpose uses only. You and your Members will not: (1) conduct any unlawful or dangerous activity; (2) cause or allow any nuisance (including loud noises, offensive odors, or other activities that Common Desk considers disruptive or disrespectful to other members or Common Desk staff); (3) sell, purchase, or give away food, other products, or services unless approved by Common Desk. Common Desk makes no other warranties, express or implied, other that the warranties stated in this Agreement. Licensee acknowledges Licensor makes no such representations or warranties.
• You will obtain Common Desk’s written consent (which Common Desk is under no obligation to provide) before publicly using any advertising, sales promotion, press releases, or other publicity matters relating to this agreement or in which Common Desk’s name, logo, or trademark is used.
• You will not do anything that is intended to or would likely cause damage to Common Desk, any Common Desk employee, or their respective reputation or result in unwanted or unfavorable publicity to Common Desk or any Common Desk employee.
• You will keep any part of the Common Desk location used by you or your Members (including any Shared Space and Private Office Space) in good condition and free of trash and other refuse, and promptly and adequately report any damage caused to any Shared Space or Private Office Space used by you and/or your Members.
• Common Desk may, but is not required to, make repairs, replacements, alterations, and improvements to any Common Desk location (including any Private Office Space). You and your Members will cooperate with Common Desk in order to permit Common Desk to complete any repairs, replacements, alterations, or improvements. Common Desk will generally attempt to make any repairs, replacements, alterations, and improvements in a manner and during a time that minimizes disruption, interruption or interference with your use of any Common Desk location, Shared Space, or Private Office Space. Common Desk will not, however, have any liability to you or your Members in the event any repairs, replacements, or improvements disrupt, interrupt, or impair your or your Members’ use of any Common Desk location, Shared Space, or Private Office Space. In the event any repairs or replacements are required as a result of damage caused by you or your Members, you will pay Common Desk for any and all expense incurred by Common Desk in making the repair or replacement.
• Neither you nor your Members may make any alterations or improvements to any Common Desk location, any Shared Space, and/or any Private Office Space without the express written consent of Common Desk. Common Desk is under no obligation to provide consent and any agreed upon alterations or improvements shall be performed in a manner prescribed by Common Desk (and may include the payment of construction management or other fees to Common Desk, the Building Owner, or their general contractors or third party service providers).
• Subject to each Member’s acceptance of and continued compliance with the terms of service, you and your Members will have access to and the use of the thecommondesk.com business networking site.
• Common Desk provides access to and use of a shared Internet connection at each Common Desk location. Common Desk utilizes an Internet Service Provider (“ISP”). The ISP may monitor internet usage and may notify Common Desk of illegal, inappropriate, or unacceptable uses. If the ISP notifies Common Desk of any such illegal, inappropriate, or unacceptable uses (including, without limitation, media torrenting, pirating, and other forms of illegal downloading), Common Desk reserves the right to terminate your shared internet access and/or this agreement immediately.
• Members are provided with the use of the printers/copiers/scanners at each Common Desk location. You will receive a credit defined in Exhibit A at the beginning of each billing cycle that will be applied to all printing by you and your Members. Black and White printouts are $0.10 per page and Color printouts are $0.20 per page. Any portion of the credit that is unused at the end of each billing cycle will not carry over to the following month. Any charges in excess of the credit will be due at the beginning of your next billing cycle or upon termination of your membership, as applicable.
• Use of Common Desk conference rooms will be made available on a first-come, first-served basis during regular business hours. Members may reserve a conference room by using the online booking system provided, and Common Desk reserves the right to restrict or limit access to conference rooms and reservations on a case-by-case basis. Members will be allotted a certain number of conference room credits at the beginning of every month outlined in Exhibit A, and additional credits are available for purchase upon request at $25 per credit.
• Conference Room Allocation:
  • 2-4 person room: 1 credit / hour
  • 5-9 person room: 2 credits / hour
  • 10-15 person room: 3 credits / hour
  • 16-20 person room: 4 credits / hour
  • 21+ person room: 5 credits / hour
• Heat and air-conditioning in each Common Desk location is provided during regular business hours on regular business days as described in Section 1(b). After hours heat and air-conditioning may be provided upon request and will result in additional charges.
• Common Desk provides mailbox and mail sorting service as part of your membership. Any mail received by Common Desk and addressed to a Member who has not signed up for mailbox service will be returned to sender. No oversize packages will be accepted. Common Desk will store mail or packages for 30 days after delivery and will not be responsible for any mail or packages not picked up after 30 days. Mail service is automatically terminated in the event you terminate your membership or remove a Member from your membership (in such event, mail service will only be terminated with respect to such removed Member and mail service fees will be adjusted accordingly). If you or any Member continues to list Common Desk as your business address following a termination or cancellation of mail service, Common Desk reserves the right to charge additional fees in connection with the processing, forwarding, or return of any mail received by Common Desk. Common Desk has no obligation to forward or hold mail or other packages addressed to you or any of your Members delivered after the termination of this agreement.
• Please ask a Common Desk employee if dogs or other pets are allowed at your Home Campus. Although Common Desk is generally pet-friendly, we may be limited by building rules established by the Building Owner.
• Alcohol is available for on-premises consumption at certain Common Desk locations. Members must be 21 years of age and present valid identification. Any alcohol served at a Common Desk location must be consumed on-premises. Common Desk reserves the right to refuse or restrict the service of alcohol to any Member at any time and for any reason. Common Desk is not responsible for any damage or injury related to the consumption of alcohol at any Common Desk location by you or any Member. You agree to indemnify and hold harmless Common Desk and any of its owners, managers, officers and employees from and against any damage, cost, fees and expense (including attorney’s fees) resulting from any claim made by a third party against Common Desk arising from the consumption of alcohol at any Common Desk location by you or any Member.
• Certain Common Desk locations provide Members with access to shared bicycle service on a first-come, first-served basis. Shared bicycles must be checked out through the designated Common Desk employee prior to use. All shared bicycles must be returned within 2 hours of check-out. You will be responsible for any repair or replacement cost resulting from any damage caused by a Member while using a shared bicycle and will be responsible for the replacement cost in the event a shared bicycle is lost or stolen while checked out to a Member. Helmets are available upon request and are recommended. Common Desk will not be liable for any injury or damage resulting from a Member’s use of a shared bicycle. You agree to indemnify and hold harmless Common Desk and any of its owners, managers, officers and employees from and against any damage, cost, fees and expense (including attorney’s fees) resulting from any claim made by a third party against Common Desk arising from a Member’s use of a shared bicycle.
• Parking passes are available for purchase at certain locations. Common Desk does not guarantee the availability of any parking at any Common Desk location. Common Desk will not be liable for any injury or damage to a Member’s vehicle, or any theft of personal property located in a Member’s vehicle. Additional terms may apply to parking facilities at certain Common Desk locations if required by the Building Owner. Common Desk will notify you of any additional terms. Any violation of any terms related to parking facilities provided at any Common Desk location will result in termination of this agreement.
• Common Desk reserves the right to enter any Private Office Space or any space located in the Building leased by you and managed by Common Desk, in each case at any time and for any reason. Common Desk will generally provide notice of entry, but is not required to do so. In the event of emergency, Common Desk may force entry into the Private Office Space. You will be responsible for any costs for repair of any damage caused by any forced entry to the extent Common Desk’s need to enter by force was caused by you or your Members’ negligence or misconduct. This provision is subject to any right of entry provision contained in any lease agreement between you and the Building Owner and/or Common Desk for space managed by Common Desk.
• If your membership includes Private Office Space, you will maintain, at your sole cost and expense, insurance policies covering your indemnity obligations specified in Section 5(f) of this agreement. You will also maintain (i) commercial general liability insurance in amounts customary for your industry, which will include coverage for personal injury, death, and theft/ property damage covering the full replacement costs of personal property you or any of your Members bring into any Common Desk location, and (ii) employer’s liability and workers’ compensation insurance as may be required by state law of the state in which you are located. Each policy must contain an “additional insured” endorsement in favor of Common Desk.
• If your membership includes Private Office Space, Common Desk reserves the right to relocate you and your Members to another Private Office Space that is substantially similar to your current Private Office Space. Any relocation will not result in an increased Membership Fee. Common Desk will provide you with 30 day’s advance notice of any relocation.

2. MEMBERSHIP AND OTHER FEES

(a) Signup Fee. A Signup Fee in the amount indicated under “Membership Details” will be due prior to you or your Members being granted access to the Shared Space or Private Office Space. Other than as provided in Section 3(b), the Signup Fee is nonrefundable.

(b) Membership Fee. During the term of this Agreement, the Membership Fee and other outstanding fees will be due at the beginning of each billing cycle, with the initial billing cycle beginning on the Start Date and each subsequent billing cycle beginning on the first day of each subsequent month. The Membership Fee covers the Members approved as of the Start Date. Additional Members will result in an increase to the initial Membership Fee and Signup Fee.

(c) Late Fees. If payment for any fee or other amount is not received within seven (7) days of the day it is due, a late charge in the amount of 10% of the outstanding balance will be added and shall be due and payable immediately.

(d) Holdover. In the event you or any of your Members fail to vacate the Shared Space or Private Office Space following the expiration of your Term, you will be charged a holdover fee equal to 150% of your Membership Fee (which will be pro-rated on a monthly basis in the event your Membership Fee covers a Term longer than month-to-month) for each month that you or your Members remain in the Shared Space or the Private Office Space. Payment of any holdover fee will not extend the Term or prevent Common Desk from immediate recovery of the Private Office Space.

(e) Form of Payment. Common Desk accepts payment of all amounts specified in this Agreement by direct withdrawal from your bank account or by credit or debit card.

3. TERM AND TERMINATION

(a) Term. Agreement begins on the Commencement Date and continues for the Term indicated in Exhibit A. If a Member utilizes the Premises prior to the Commencement Date, all terms and conditions shall apply.

(b) Office Space Not Timely Available. If Common Desk is unable to make your Private Office Space available by the Start Date, Common Desk will not be liable for any damage caused by any delay, nor will such delay affect the validity of this agreement. In the event of delay, you will not be obligated to make payments of the Membership Fee until the Private Office Space is made available to you. If the Private Office Space is not made available to you within thirty (30) days of the Start Date, you may terminate this agreement by providing Common Desk with notice of such termination at any time before Common Desk notifies you that the Private Office Space has become available for your use. If you elect to cancel this agreement under this Section, Common Desk will refund all fees paid by you, including the Signup Fee and initial Membership Fee.

(c) Termination By You After the Start Date.

• You may terminate a month-to-month Term by providing email notice to the Community Manager no later than 5:00 pm fifteen (15) days prior to the first day of each subsequent month. Membership Fees for your current billing cycle will not be refunded or pro-rated in the event of a termination occurring on any day other than the last day of your billing cycle. You may terminate a month-to-month Term for Private Offices by providing email notice of cancellation to the Community Manager no later than 5:00 pm thirty (30) days prior to the first day of each subsequent month. Membership Fees for your current billing cycle will not be refunded or pro-rated in the event of a termination occurring on any day other than the last day of your billing cycle. You may terminate a month-to-month Term for Hospitality Suite by providing email notice of cancellation to the Community Manager no later than 5:00 pm sixty (60) days prior to the first day of each subsequent month. Membership Fees for your current billing cycle will not be refunded or pro-rated in the event of a termination occurring on any day other than the last day of your billing cycle.
• You may not terminate a membership on a longer Term. In the event you or your Members vacate your Private Office Space or any space leased by you and managed by Common Desk, or otherwise attempt to terminate or cancel the Term prior to the stated expiration date, the remaining balance of your Membership Fee will be immediately due and payable and Common Desk is authorized to charge your method of payment currently on file or invoice you for the remaining balance owed. The termination will not be effective until the last business day of your Term. If you would not like to renew an agreed upon lease for a Private Office at the end of your Term, you must provide an email notice of cancellation to the Community Manager no later than 5:00 pm thirty (30) days prior to the first day of each subsequent month. If you would not like to renew an agreed upon lease for a Hospitality Suite at the end of your Term, you must provide an email notice of cancellation to the Community Manager no later than 5:00 pm sixty (60) days prior to the first day of each subsequent month. Failure to provide required notice as described herein will result in an automatic renewal on a month-to-month term with a 15% increase until updated terms are renegotiated and agreed upon or a termindation noticed as described in Section 3(c) first bullet provided.

(d) Termination By Common Desk For Cause. Common Desk may immediately terminate this agreement (either in its entirety or by removing one or more of your Members) in the event Common Desk determines, in its sole discretion, that you or any of your Members: (i) have breached any provision of this agreement, (ii) have violated any law, rule or regulation of any governmental entity or have otherwise engaged in any illegal act, whether or not related to the Services or your membership, (iii) have violated any Common Desk policy, term, or condition (including any House Rules), or (iv) have engaged in any illicit, immoral, inappropriate or other act which is disruptive or dangerous to Common Desk, or its owners, managers, officers and employees, or other Common Desk members, or would result in damage to the property or reputation of Common Desk. No refunds of any kind will be provided in connection with a termination for cause.

(e) Termination By Common Desk Without Cause. Common Desk may terminate this agreement for any reason or no reason by providing you with (a) a ten (10) day email notice if you have a month-tomonth membership, or (b) a thirty (30) day email notice if you have a membership on a longer billing cycle. Any termination will be effective 10 days following the date you receive notice if you have a month-to-month membership or 30 days following the date you receive if you have a membership on a longer billing cycle. Common Desk will refund a portion of your Membership Fee in the event termination does not occur on the last day of your billing cycle based on the number of days left in the
billing cycle following termination.

(f) Partial Termination With Respect to Individual Members. You agree to provide immediate notice in the event one or more of your Members is no longer employed or affiliated with you for any reason. Upon receipt of such notice, Common Desk will immediately terminate Services with respect to the applicable Member or Members and require that such Member or Members immediately vacate all Common Desk locations and return any keys, key cards or other Common Desk property in your possession. Common Desk will not be responsible for refunding any prorated amount of any previously paid Membership Fee applicable to such Member or Members. Common Desk will reduce the Membership Fee accordingly at the beginning of the next billing cycle. Following Termination. On the date of termination, all Services will immediately cease and you and your Members will be required to return any keys, key cards or other Common Desk property in your possession.

(g) Casualty or Condemnation. In the event all or any part of the Home Campus, the Shared Space, the Private Office Space, or the premises generally is damaged or destroyed by any casualty, then Common Desk shall be entitled to immediately terminate the agreement by written notice to you. Any termination under the prior sentence will be deemed effective on the date of the casualty. Common Desk is not required to repair any damage to, or to replace any of, your or your Members’ personal property, furnishings, equipment or other effects. If Common Desk does not elect to terminate this agreement, you may terminate this agreement as follows:

• If your membership does not include Private Office Space and over 50% of the Shared Space is destroyed, then Common Desk shall be entitled to immediately terminate the agreement by written notice to you. Any termination will be deemed effective on the date the destruction occurred.
• If your membership includes Private Office Space and your Private Office Space is damaged and either (1) Common Desk notifies you that repair or restoration cannot be completed within 180 days (subject to delays for shortage of materials or labor) after the work is commenced, or (2) the damage or destruction occurs within the last 90 days of the Term, then you may terminate this agreement by providing 30 days written notice to the Community Manager. You may not terminate this Agreement if your or your Members’ negligence or willful misconduct was the cause of the damage. If you have the right to terminate this agreement according to this section, you may do so by providing email notice to Common Desk. Any termination will be effective on the date the destruction occurred and you and your Members shall have a reasonable period thereafter to move out of the Private Office Space.
• Common Desk will refund your Membership Fee in the event of a termination under this Section (h) if (1) Common Desk receives insurance proceeds for loss of income due to the casualty and (2) the Shared Space or the Private Office Space (depending on your membership) cannot be reasonably used by you and your Members for the conduct of your business. Common Desk will refund the portion of your Membership Fee based on the number of days left in the billing cycle following termination. If Common Desk’s insurance refuses to pay for loss of income due to the casualty, if Common Desk lacks coverage, or if the cause of the damage was due to the negligence or willful misconduct of you or your Members, you will not be entitled to any reduction in the Membership Fee.

(h) Eminent Domain. In the event that the whole or a substantial part of your Home Campus or the building in which your Home Campus is located shall be condemned or taken in any manner for any public or quasi-public use (or sold under threat of such taking), and as a result thereof, the remainder of the Home Campus cannot be used for the same purpose as prior to such taking, this agreement will terminate as of the date possession is taken. If less than a substantial part of the Home Campus is condemned or taken (or sold under threat thereof) and after such taking the Home Campus (including Shared Space and Private Office Space depending on your membership) can be used for the same purposes, this agreement shall terminate only as to the part taken. Your Membership will be adjusted to reflect any reduction in your use of the Shared Space or the Private Office Space (depending on your membership).

(i) Removal and Storage of Member Property. Prior to the termination or expiration of this agreement, each Member will remove any and all of their property from the Shared Space, Private Office Space, and Common Desk location. If any property is not removed, Common Desk will be entitled to store the property in a secure location located at a Common Desk location (which may or may not be your Home Campus) or, after providing at least 5 days written notice to you or the Member, dispose of any property remaining in the Shared Space, Private Office Space, or Common Desk location (including any property stored in a secure location at a Common Desk Location. You and each of your Members waives any claims or demands regarding such property or Common Desk’s handling of such property. You will be responsible for paying any costs reasonably incurred by Common Desk regarding any cleaning, storage, removal, or disposal as indicated in Exhibit D.

4. HOUSE RULES AND POLICIES

• Common Desk may update the House Rules and Policies from time to time by providing email notice to you. Any update will apply to all Common Desk members, although Common Desk reserves the right to modify any House Rule and Policy for a specific Common Desk member as the circumstances may require. These House Rules and Policies (as updated from time to time) are a part of this agreement. Any violation of a House Rule or Policy by you or your Members will result in termination of this agreement for cause as described in Section 3(d).
• Keys, key cards and other such items used to gain physical access to any Common Desk location remain the property of Common Desk. You will cause your Members to safeguard any such property and you will be liable for a $35 replacement fee should any such property be lost or stolen.
• You shall promptly notify us of any change to your contact and payment information.
• Common Desk will provide notice to you and your Members of any changes to Services, fees, or other updates to this agreement by email to the email addresses provided by you. It is your responsibility to read such emails.
• For security reasons, Common Desk may regularly record via video certain areas in any Common Desk location.
• Common Desk reserves the right to perform background checks on you and any Member at any time and for any reason. Common Desk may remove Members, cancel Services with respect to such Members or otherwise terminate this agreement based on the results of any background check.
• Common Desk may disclose information about you or your Members as necessary to satisfy any applicable law, regulation, legal process or governmental request.
• You and your Members will abide by other rules and regulations as determined by Common Desk which are communicated to you by email. Common Desk may add, delete or amend the rules and regulations in its sole discretion and without notice to you. These rules and regulations may include increased safety measures put in place for the safety of all Members and guests. Failure to comply will result in immediate termination of this agreement.
• You acknowledge that each Common Desk location is subject to occupancy limitations and has limited capacity. Common Desk reserves the right to temporarily remove Shared Space Members in the event a Common Desk location is over capacity. This does not apply to dedicated desk and Private Office Space Members.
• Shared work spaces are to be enjoyed by Members and guests for temporary use. Shared work spaces are not intended for continuous, everyday work. Only one seat per Member is permitted in shared work spaces.
• Smoking, including e-cigarettes and other similar devices, is prohibited indoors. Smoking is only allowed in outdoor designated smoking areas.
• Sleeping in any Common Desk location, including sleeping overnight, is not permitted.
• Sexual activity by you or any of your Members of any kind is prohibited in any Common Desk location and will result in immediate (and perhaps uncomfortable) expulsion from the location and termination of this agreement.
• Members are asked to be courteous to each other and to clean up after themselves. Discourteous behavior or excessive uncleanliness may result in temporary or permanent removal or cancellation or Services.
• Members are permitted to bring guests to any Common Desk conference room. Use of any shared work space or other Service by any guest may require additional fees or charges. Common Desk is not responsible for any damage caused by any guest. You agree to indemnify and hold harmless Common Desk and any of its owners, managers, officers and employees from and against any damage, cost, fees and expense (including attorney’s fees)
  resulting from any claim made by a third party against Common Desk arising from the behavior of any of your guests.
• Common Desk is not responsible for any damage caused by any other Common Desk member or third party.
• Common Desk has no obligation to participate or mediate any dispute between you, your Members, other Common Desk members and/or any third party.
• Common Desk reserves the right to refuse service, including the provision of Services, at any time and for any reason.
• The policies, terms and conditions of this agreement and the use of Common Desk locations and Services are subject in all respects to any and all rules, policies and procedures of the building owner or property manager of the building where each Common Desk location is located.

5. ADDITIONAL AGREEMENTS

(a) Technology Release. You agree that Common Desk and its affiliates (i) are not responsible for any damage to any Member’s computer system, (ii) do not assume any liability or warranty in the event that any manufacturer warranties are voided, and (iii) do not offer any verbal or written warranty, either expressed or implied, regarding the success of any technical support Common Desk may choose to provide.

(b) Privacy. By executing this Agreement, you and your Members authorize Common Desk to grant Common Desk owners, managers, officers, and employees, and other Common Desk members, access to profiles, pictures, company information and email addresses which you and your Members have provided to Common Desk. Please see Exhibit C for additional Privacy and Data Protection provisions.

(c) Common Desk Intellectual Property. Other than as expressly provided in this agreement, nothing in this agreement shall be deemed to provide you or any Member with a license to use “Common Desk” or any other “Common Desk” intellectual property for any purpose.

(d) Waiver of Claims. To the extent permitted by law, you, on your own behalf and on behalf of your Members, employees, agents, and invitees, waive any and all claims and rights against Common Desk and its affiliates, owners, managers, officers and employees resulting from injury or damage to, or destruction, theft, or loss of, property or person. Common Desk is not responsible for lost, damaged, or any stolen personal property.

(e) Limitation of Liability. The aggregate monetary liability of Common Desk or its affiliates to you, your Members, or your or their guests, for any reason and for all causes of action will not exceed the total fees paid by you to Common Desk under this agreement. Common Desk and its affiliates will not be liable for any indirect, special, incidental, consequential, or punitive damages, including loss of profits or business interruption. You may not commence any action, or proceeding against us or our affiliate, whether in contract, tort, or otherwise unless the action, suit, or proceeding is commenced within 1 year of the events giving rise to such cause of action.

(f) Indemnity. To the extent not expressly prohibited by law and in addition to any of your insurance obligations under this agreement, Common Desk and its officers, owners, employees, and representative (each a “Common Desk Party”) shall not be liable for, and you shall indemnify, defend, and hold harmless each Common Desk Party from and against, any third party claims for any fines, suits, demands, losses, damages, actions, claims or liability, including reasonable attorney’s fees, arising out of: (i) any injury to, death of, or damage to any tangible property belonging to, you and your Members, employees, invitees, contractors, or any other person you have invited into any Common Desk location, that occurs in, on, or about the Common Desk location due to negligence or willful misconduct by you or your Members, employees, invitees, contractors, or other invited third party; (ii) the use of any Common Desk location by you or your Members; or (iii) any breach or default by you or your Members of the terms of this agreement. This indemnity obligation will survive the termination or expiration of this agreement.

(g) Non-Solicitation. During the Term, and for a period of 12 months thereafter, neither you nor your Members will encourage or solicit any employee or consultant of Common Desk to leave Common Desk for any reason. You acknowledge that breach of this section may cause irreparable harm and significant injury to Common Desk for which there is no adequate remedy at law. Accordingly, you agree that Common Desk will have the right to immediate injunctive relief in the event of any breach or threatened breach of the obligations in this section, without security or bond, in addition to any other remedies that may be available to Common Desk at law or in equity.

(h) OFAC Compliance. You represent and warrant that: (a) none of your Members are: (i) currently identified on the Specially Designated Nationals and Blocked Persons List maintained by the Office of Foreign Assets Control, Department of the Treasury (“OFAC”) and/or on any other similar list maintained by OFAC pursuant to any authorizing statute, executive order or regulation (collectively, the “List”), and; (ii) a person or entity with whom a citizen of the United States is prohibited to engage in transactions by any trade embargo, economic sanction, or other prohibition of United States law, regulation, or Executive Order of the President of the United States; (b) none of your funds or other
assets, or your Members’ funds or other assets, constitute property of, or are beneficially owned, directly or indirectly, by any Embargoed Person (as defined below); (c) no Embargoed Person has any interest of any nature whatsoever in you or any of your Members (whether directly or indirectly); (d) none of your funds or the funds of your Members have been derived from any unlawful activity with the result that the investment in you or any of your Members is prohibited by law or that this agreement is in violation of law, and; (e) you have implemented procedures, and will consistently apply those procedures to ensure the foregoing representations and warranties remain true and correct at all times.

You covenant and agree: (w) to comply with all requirements of law relating to money laundering, antiterrorism, trade embargos and economic sanctions, now or hereafter in effect; (x) to immediately notify Common Desk in writing if any of the representations, warranties or covenants set forth in this section are no longer true or have been breached or if you have a reasonable basis to believe that it may no longer be true or have been breached; (y) to not knowingly use funds from any “Prohibited Person” (as such term is defined in the September 24, 2001 Executive Order Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism) to make any payment due to Common Desk under this agreement, and (z) at the request of Common Desk, to provide any information Common Desk may be request to determine your compliance with the terms of this section.

You hereby acknowledge and agree that your or any of your Member’s inclusion on the List at any time during the Term shall be a material default of this agreement. Notwithstanding anything herein to the contrary, you shall not permit your Home Campus or any other Common Desk location to be used or occupied by any person or entity on the List or by any Embargoed Person (on a permanent, temporary or transient basis), and any such use or occupancy by any such person or entity shall be a material default of this agreement.

You shall also require and shall take reasonable measures to ensure compliance with the requirement that no person who owns any other direct interest in you is or shall be listed on any of the Lists or is an Embargoed Person. The term “Embargoed Person” means any person, entity or government subject to trade restrictions under U.S. law, including but not limited to, the International Emergency Economic Powers Act, 50 U.S.C. §1701 et seq., The Trading with the Enemy Act, 50 U.S.C. App. 1 et seq., and any Executive Orders or regulations promulgated thereunder with the result that the investment in you or any of your Members is prohibited by law. This paragraph shall not apply to any person to the extent that such person’s interest in you or any of your Members is through a U.S. Publicly-Traded Entity. As used in this agreement, “U.S. Publicly-Traded Entity” means any entity whose securities are listed on a national securities exchange, or quoted on an automated quotation system, in the United States, or a wholly-owned subsidiary of such entity.

6. MISCELLANEOUS

(a) Nature of the Agreement. Notwithstanding anything in this agreement to the contrary, but subject to Section 6(f), you agree that the relationship created by this agreement between you and Common Desk is not that of landlord-tenant or lessor-lessee and this agreement in no way shall be construed as to grant you or any Member any title, easement, lien, possession or related rights in of Common Desk’s business, locations or anything property of Common Desk located at any Common Desk location. This agreement creates no tenancy interest, leasehold estate, or other real property interest. This agreement shall not be deemed to create a fiduciary or agency relationship, or partnership or joint venture. Neither party will in any way misrepresent the relationship between you and Common Desk.

(b) Updates to the Agreement. We may from time to time update this agreement and will provide notice to you of these updates. You will be deemed to have accepted the new terms of the agreement following the completion of one (1) full calendar month after the date of notice of the update(s). Continued use of the office space or Services beyond this time will constitute acceptance of the new terms. This paragraph will not apply to changes to Membership Fees and overage fees.

(c) Governing Law. This agreement is governed by the laws of the State of Texas, without giving effect to any conflict of law principle that would result in the laws of any other jurisdiction governing this agreement. Any such action, or proceeding will be litigated in courts located in the county of Member’s Home Campus. You hereby irrevocably agree to waive any right to a jury trial of any such claim or cause of action.

(d) Waiver. Common Desk shall not be deemed by any act or omission to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by Common Desk.

(e) Subordination. This agreement is subject and subordinate to any lease with any landlord that may apply to any Common Desk location and to any other agreements to which any such lease are subject to or subordinate.

(f) Lease Agreement. In the event you have signed a lease agreement with Common Desk and/or the Building Owner regarding your occupancy of a Private Office Space or other space managed by Common Desk, the provisions of the lease agreement will control in the event of a conflict between this agreement and the lease agreement.

(g) Extraordinary Events. Neither you, any Member or Common Desk is liable for, and will be considered in default or breach of this agreement on account of, any delay or failure to perform as required by this agreement (with the exception of any obligations on your part to pay any sum of money due to Common Desk under this agreement) as a result of any causes or conditions that are beyond such party’s reasonable control and which such party is unable to overcome by the exercise of reasonable diligence.

(h) Attorney’s Fees. You will pay any reasonable attorney’s fees and expenses incurred by Common Desk that result from Common Desk’s enforcement of this agreement or in defending any claim brought against Common Desk by you or your Members which Common Desk successfully defends.

(i) Clickwrap Agreement. This agreement is configured as a “clickwrap” agreement on the Common Desk website, and you shall be deemed to have duly and validly delivered this agreement, and this agreement shall be valid and effective for all purposes, by you acknowledging that you have read and agrees to the terms of this agreement.

Exhibit A – Membership Details

PRIMARY MEMBER CONTACT INFORMATION
Name:
Email:
Company Name:
Effective Date:
Start Date:
Payment Method:
Home Campus: ,
Term:
Conference Room
Credits:
/ month

Exhibit B – Private Office Space

Exhibit C – General Privacy and Data Protection

1. Privacy and Data Protection. If Common Desk or any Common Desk personnel receives or otherwise has access to Personal Data, Common Desk shall comply with the requirements of this Exhibit C. The parties acknowledge and agree that Common Desk will generally not be responsible for Processing Personal Data belonging to you or your customers and does not maintain data hosting or storage services.
2. Definitions. In this Exhibit C, the following definitions apply:
   1. “Information Security Incident” means any actual or reasonably suspected (1) loss or theft of Personal Data; or (2) unauthorized Processing, loss, use, disclosure, or acquisition of, of or access to, any Personal Data; or (3) unauthorized access to or use of, inability to access, Common Desk systems that reasonably may compromise the privacy or confidentiality of Personal Data.
   2. “Personal Data” means any information relating to an identified or identifiable natural person, regardless of the media in which it is contained.
   3. “Process” or “Processing” or “Processing of Personal Data” means any operation or set of operations which is performed on Personal Data or on sets of Personal Data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
   4. “Privacy and Information Security Requirements” means all applicable: (1) international, federal, state, provincial and local laws, rules, regulations, directives and governmental requirements relating in any way to the privacy, confidentiality or security of Personal Data, including, without limitation: Directive 95/46/EC; the EU General Data Protection Regulation 2016/679; the e-Privacy Directive 2002/58/EC (as amended by Directive 2009/136/EC, and as amended and replaced from time to time) and their national implementing legislations; the Gramm-Leach-Bliley Act; laws regulating unsolicited email, telephone, and text message communications; security breach notification laws; laws imposing minimum security requirements; laws requiring the secure disposal of records containing certain Personal Data; and all other similar international, federal, state, provincial, and local requirements; (2) Payment Card Industry (“PCI”) Data Security Standards; and (3) the written information security requirements of you or Common Desk which are applicable to the Services.
   5. “Security Review” means an audit and review of Common Desk’s information security program.
3. General Privacy and Data Protection.
   1. Common Desk shall Process Personal Data only at the request of, on behalf of, and for your benefit and only to carry out its obligations under this agreement and your written instructions. Common Desk must take steps to ensure that any person acting under its authority who has access to Personal Data is granted access to Personal Data only on a need-to-know basis and is subject to a duly enforceable contractual or statutory confidentiality obligation. Common Desk shall not, without your prior written consent, transfer Personal Data outside the country to which it was originally delivered by or on your behalf to Common Desk for Processing.
   2. Common Desk shall not share, transfer, disclose or otherwise provide access to any Personal Data to any third party unless you have authorized Common Desk to do so in writing; provided however, that Common Desk may share, transfer, disclose or otherwise provide access to Personal Data to any Building Owner or any third party who acquires all or substantially all of the assets or ownership of Common Desk, subject to the requirement that any such recipient provide appropriate safeguards and protection to such Personal Data.
   3. Common Desk shall immediately inform you in writing of any requests with respect to Personal Data (e.g. access, modify, use or delete) received from your customers, consumers, employees or others. Common Desk shall respond to such requests only in accordance with your instructions. Common Desk shall cooperate with you if an individual requests access to his or her Personal Data for any reason.
      Common Desk shall comply with all Privacy and Information Security Requirements to the extent applicable to its provision of the Services under this agreement.
   4. Common Desk provides access to public wifi, but does not provide VPN or other data security protocols and systems, nor does Common Desk provide server or other data storage services or facilities. Common Desk will use commercially reasonable efforts to permit and facilitate your use of any such protocols, systems, services, and facilities provided by you or a third party, all of which shall be at your sole cost and expense.
   5. Except to the extent prohibited by applicable legal, regulatory or law enforcement requirements, Common Desk shall promptly inform you in writing of any Information Security Incident involving your or any of your customer’s Personal Data. Such notice shall summarize in reasonable detail the effect on you, if known, of the Information Security Incident and the corrective action taken or to be taken by Common Desk. Common Desk shall promptly take all necessary and advisable corrective actions (at its sole cost and expense) and shall cooperate fully with you in all reasonable and lawful efforts to investigate, prevent, mitigate or rectify such Information Security Incident. Common Desk shall collect, preserve and document all evidence regarding the discovery and cause of, and vulnerabilities, response, remedial actions, and impact, related to the Information Security Incident, and shall provide such documentation to you upon request.
   6. Except to the extent prohibited by applicable legal, regulatory or law enforcement requirements, Common Desk must obtain your approval prior to the publication or communication of any filings, communications, notices, press releases or reports related to any Information Security Incident that expressly mention you or your affiliates.
   7. The parties agree and warrant that they will enter into an EU Data Processing Addendum prior to the processing of personal data in the context of this agreement pertaining to individuals located in the European Economic Area (“EEA”) or Switzerland or prior to engaging in any processing subject to the EU General Data Protection Regulation. In such case, the EU Data Processing Addendum shall control over any contradictory term otherwise contained in this agreement solely with respect to such Processing.

Exhibit D – Cleaning, Removal, and Storage of Member Property

We hope you enjoy your time with Common Desk. Normal wear and tear will be taken into consideration when inspecting your office upon the end of your term; however, we expect the office to be left in good and clean condition. Below is a Move-Out Checklist to help make your move easy and painless. Please make sure that these items are addressed prior to your move-out.

1. LEASE EXPIRATION. Please remember that your lease expires on the last day of the final month of your term. Failure to vacate your office by your lease expiration date will result in a charge of next month’s rent plus the 150% Holdover Fee.
2. REMOVAL AND STORAGE OF MEMBER PROPERTY. Prior to the expiration of this agreement, each Member will remove any and all of their property from the Shared Space, Private Office Space, and Common Desk location(s). If any property is not removed, Common Desk will be entitled to store the property in a secure location located at a Common Desk location (which may or may not be your Home Campus) or, after providing at least 5 days written notice to you or the Member, dispose of any property remaining in the Shared Space, Private Office Space, or Common Desk location(s), including any property stored in a secure location at Common Desk location(s). You and each of your Members waives any claims or demands regarding such property or Common Desk’s handling of such property. You will be responsible for paying any costs reasonably incurred by Common Desk regarding any storage, removal, or disposal.
3. RETURN OF ALL KEYS AND ACCESS CARDS. Please leave all keys and access cards locked in the office. A charge will be levied if all keys and access cards are not accounted for by the lease ending date of at a rate of $35 per missing key and access card. The following are a list of all keys and access cards to which this policy applies (if applicable):
   1. Access Card(s) to Common Desk Home Campus
   2. Office Key(s) to Common Desk private office(s)
   3. Filing Cabinet Key(s)
   4. Access Card(s) to other Common Desk locations
4. CLEANING CHARGES. Members will be charged a cleaning/repair fee for any damage created from painting, wallcoverings, wall-mounted fixtures, artwork, or window treatments.
5. MOVE OUT INSPECTION. You do not need to be present when the inspection is performed. If you would like to be present, please notify your Community Manager, within a reasonable time to schedule an appointment.
6. FORWARD MAIL AND UPDATE ADDRESS. In order to avoid missing or returned mail, be sure you do a change of address with the Post Office here: . You will want to forward your address and make sure all of your important mail is changed to your new address as well as any online payment platforms, such as Amazon, eBay, etc. We will keep your mail and packages for 30 days after move out. After that period is up, we will begin returning to sender.
7. MOVE OUT CHECKLIST AND FEE SCHEDULE. Any damage beyond normal wear and tear will be charged according to Management discretion and according to your signed Membership Agreement. Listed below are the specific charges for items most commonly identified during the inspection. Any items damaged or not cleaned will be billed to you based on the fee schedule below.
   1. CLEANING
      1. Cleaning costs examples:
      2. Hardwood Flooring
      3. Trash Collected
      4. Furniture/Bulk Item Removal
      5. Storage of Items Left per Day
         *Cost is dependent upon the severity of each case
   2. REPLACEMENT/REPAIRS
      Drywall repair costs are subject to severity of damage left from hanging items, mounted items, and damage beyond normal wear and tear. Repair costs may include, but are not limited to, drywall repair, professional painting, entry door/frame, unreturned access cards and office keys, desk panels broken, and supplies needed for repair.Hardwood floor repair costs are subject to severity of damage left beyond normal wear and tear. Repair costs may include, but are not limited to, professional repair services and cleaning and are subject to an administration fee, not to exceed 20%.

Last Updated: April 29, 2024

Terms.

Common Desk Operations LLC (“we” or “us”) owns and operates the website at thecommondesk.com (the “Site”), where you can find information about our products and services. These Website Terms and Conditions (the “Website Terms”) describe the rights and obligations of an unregistered website user or visitor (“user” or “you”) in connection with your use of the Site. By accessing or using the Site in any way, including as an unregistered website visitor, you agree to be bound by these Website Terms and our Privacy Policy, which is available on the Site. These Website Terms apply only to your use of the Site, and the content made available on or through the Site, as an unregistered website user or visitor. If you use or access any of our physical space, restricted-access web-based services (i.e. those requiring a login), the broker or referral program or other services we provide, your use of such space, services or program is subject to the terms and conditions you received or accepted when you signed up for such space, services or program. From time to time, we may make modifications, deletions or additions to the Site or these Website Terms. Your continued use of the Site following the posting of any changes to the Website Terms constitutes acceptance of those changes.

Eligibility.

The Site and services it describes are available only to individuals who are at least 16 years old, unless we specify otherwise. No one under this age may access or use the Site or provide any personal information through the Site.

Content.

The text, images, videos, audio clips, software and other content generated, provided, or otherwise made accessible on or through the Site (collectively, “Content”) are contributed by us and our licensors. The Content and the Site are protected by U.S. and international copyright laws. We and our licensors retain all proprietary rights in the Site and the Content made available on or through the Site, and, except as expressly set forth in these Website Terms, no rights are granted to any Content. Subject to these Website Terms, we grant each user of the Site a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for viewing, browsing and using the functionality of the Site. All Content is for general informational purposes only. We reserve the right, but do not have any obligation to monitor, remove, edit, modify or remove any Content, in our sole discretion, at any time for any reason or for no reason at all.

Claims of Copyright Infringement.

Claims of copyright infringement should be sent to Common Desk’s designated agent. Please visit WeWork’s Copyright Infringement web page for the designated address and additional information.

Recruitment Fraud.

If you believe you have received a suspicious email concerning recruitment or solicitations, please visit WeWork’s Recruitment Fraud web page concerning identifying and reporting recruitment fraud.

Disclaimer; Limitation of Liability.

To the extent permitted by law, we and our affiliates, parents, and successors and each of our and their employees, assignees, officers, agents and directors (collectively, the “Common Desk Parties”) disclaim all warranties and terms, express or implied, with respect to the Site, Content or services (including third party services) on or accessible through the Site, including any warranties or terms of merchantability, fitness for a particular purpose, title, non-infringement and any implied warranties, or arising from course of dealing, course of performance or usage in trade. In no event shall the Common Desk Parties be liable under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the Site for (a) any special, indirect, incidental, punitive, compensatory or consequential damages of any kind whatsoever (however arising) or (b) damages in excess of (in the aggregate) US $100.

Miscellaneous.

These Website Terms shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflicts of law rules, and the United States of America. These Website Terms constitute the entire agreement between us regarding the Site and supersedes and merges any prior proposals, understandings and contemporaneous communications. If any provision of these Website Terms is held to be invalid or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these Website Terms shall otherwise remain in full force and effect and enforceable. In order for any waiver of compliance with these Website Terms to be binding, we must provide you with written notice of such waiver. The failure of either party to enforce its rights under these Website Terms at any time for any period will not be construed as a waiver of such rights.

Contact.

If you have any questions, complaints, or claims with respect to the Site, you may contact us at Attn: Website Feedback, c/o Common Desk, 12 East 49th Street, 3rd Floor, New York, NY 10017, United States or feedback@wework.com.

Last Updated: May 27, 2025

1. General.

These terms together with any other applicable policies and procedures as provided or made available to you from time to time (collectively, the “Terms”), describe your rights and obligations in connection with your access to Common Desk workspaces and services booked via Upflex (the “Services”) and, to the extent permitted by applicable law, include a class action waiver. By using the Services, you are agreeing that these Terms shall apply as between you and Common Desk, Inc., and that you shall be bound by such Terms notwithstanding any conflict between these Terms and the terms of any other agreement with respect to the Services.

2. Terms.

Your use of the Common Desk space booked via Upflex (the “Common Desk Space”) is subject to the Common Desk House Rules (the “House Rules”) in Section 5 below and as provided to you as part of the booking process or at the booking location, the Common Desk Privacy Policy, and any location-specific policies or procedures (collectively, the “Common Desk Policies”).

3. Who You Are.

You must be at least 18 years old to make this booking.

4. Prohibited Uses.

Notwithstanding anything to the contrary in the House Rules, you shall not bring any guests into the Common Desk Space, or use any part of the Common Desk Space to host an event or film within the Common Desk Space. Common Desk does not control and is not responsible for the actions of other individuals you encounter through the use of the Common Desk Space. Should you breach these Terms, including any House Rules, Common Desk may remove you from the Common Desk Space.

5. House Rules.

• Keys, key cards and other such items used to gain physical access to any Common Desk location remain the property of Common Desk. You will cause your Members to safeguard any such property and you will be liable for a $35 replacement fee should any such property be lost or stolen.
• For security reasons, Common Desk may regularly record via video certain areas in any Common Desk location.
• To the extent permitted by law, Common Desk reserves the right to perform background checks on you and any Member at any time and for any reason. Common Desk may remove Members, cancel Services with respect to such Members or otherwise terminate this agreement based on the results of any background check.
• Common Desk may disclose information about you or your Members as necessary to satisfy any applicable law, regulation, legal process or governmental request.
• You and your Members will abide by other rules and regulations as determined by Common Desk which are communicated to you by email. Common Desk may add, delete or amend the rules and regulations in its sole discretion and without notice to you. These rules and regulations may include increased safety measures put in place for the safety of all Members and guests. Failure to comply will result in immediate termination of this agreement.
• You acknowledge that each Common Desk location is subject to occupancy limitations and has limited capacity. Common Desk reserves the right to temporarily remove users in the shared spaces in the event a Common Desk location is over capacity.
• Shared work spaces are to be enjoyed by Members and guests for temporary use. Shared work spaces are not intended for continuous, everyday work. Only one seat per Member is permitted in shared work spaces.
• Smoking, including e-cigarettes and other similar devices, is prohibited indoors. Smoking is only allowed in outdoor designated smoking areas.
• Sleeping in any Common Desk location, including sleeping overnight, is not permitted.
• Sexual activity by you or any of your Members of any kind is prohibited in any Common Desk location and will result in immediate (and perhaps uncomfortable) expulsion from the location and termination of this agreement.
  Members are asked to be courteous to each other and to clean up after themselves. Discourteous behavior or excessive uncleanliness may result in temporary or permanent removal or cancellation of services.
• Members are permitted to bring guests to any Common Desk conference room. Use of any shared work space or other service by any guest may require additional fees or charges. Common Desk is not responsible for any damage caused by any guest. You agree to indemnify and hold harmless Common Desk and any of its owners, managers, officers and employees from and against any damage, cost, fees and expense (including attorney’s fees) resulting from any claim made by a third party against Common Desk arising from the behavior of any of your guests.
• Common Desk is not responsible for any damage caused by any other Common Desk member or third party. Common Desk has no obligation to participate or mediate any dispute between you, your Members, other Common Desk members and/or any third party.
• Common Desk reserves the right to refuse service at any time and for any reason.
• The policies, terms and conditions of this agreement and the use of Common Desk locations and Services are subject in all respects to any and all rules, policies and procedures of the building owner or property manager of the building where each Common Desk location is located.

6. Common Desk Intellectual Property.

You may not take, copy or use for any purpose the name “Common Desk” or any of our other business names, trademarks, service marks, logos, trade dress, marketing material, other identifiers or other intellectual property or modified or altered versions of the same, or take, copy or use for any purpose any pictures or illustrations of any portion of a Common Desk location, or engage in any conduct that is likely to cause confusion between the products and services of Common Desk and yourself, or if applicable, your company without our prior consent, provided that during your use of Common Desk Space, you will be able to use “Common Desk” in plain text to accurately identify a premises, address or office location.

7. Waiver and Release of Claims.

To the extent permitted by law, you (i) waive any and all claims, liabilities, costs, damages, expenses and rights, including reasonable attorneys’ fees (“Claims”) against Common Desk and our affiliates, parents, and successors and each of our and their employees, assignees, officers, agents and directors (the “Common Desk Parties”) resulting from injury or damage to, or destruction, theft, or loss of, any property, person or pet; and (ii) release the Common Desk Parties from any such Claims.

8. Indemnification.

To the extent permitted by law, you will indemnify Common Desk Parties from and against any and all claims, including third party claims, liabilities, and expenses, including reasonable attorneys’ fees, resulting from any breach or alleged breach of this agreement or any of the Common Desk Policies by you or your guests, invitees or pets or any of your or their actions or omissions, except to the extent a claim results from the gross negligence, willful misconduct or fraud of the Common Desk Parties. You shall not make any settlement that requires a materially adverse act or admission by us or imposes any obligation upon any of the Common Desk Parties unless you have first obtained our or the relevant Common Desk Party’s written consent. None of the Common Desk Parties shall be liable for any obligations arising out of a settlement made without its prior written consent.

9. Limitation of Liability.

The aggregate monetary liability of Common Desk or its affiliates to you, your Members, or your or their guests, for any reason and for all causes of action will not exceed the total fees paid by you to Common Desk under this agreement. Common Desk and its affiliates will not be liable for any indirect, special, incidental, consequential, or punitive damages, including loss of profits or business interruption. You may not commence any action, or proceeding against us or our affiliates, whether in contract, tort, or otherwise unless the action, suit, or proceeding is commenced within 1 year of the events giving rise to such cause of action.

10. Data Privacy

We collect, use, disclose and otherwise process your personal data as described in the Common Desk Privacy Policy, and in accordance with applicable data protection laws.

11. Compliance.

You represent and warrant that: (a) none of your Members are: (i) currently identified on the Specially Designated Nationals and Blocked Persons List maintained by the Office of Foreign Assets Control, Department of the Treasury (“OFAC”) and/or on any other similar list maintained by OFAC pursuant to any authorizing statute, executive order or regulation (collectively, the “List”), and; (ii) a person or entity with whom a citizen of the United States is prohibited to engage in transactions by any trade embargo, economic sanction, or other prohibition of United States law, regulation, or Executive Order of the President of the United States; (b) none of your funds or other assets, or your Members’ funds or other assets, constitute property of, or are beneficially owned, directly or indirectly, by any Embargoed Person (as defined below); (c) no Embargoed Person has any interest of any nature whatsoever in you or any of your Members (whether directly or indirectly); (d) none of your funds or the funds of your Members have been derived from any unlawful activity with the result that the investment in you or any of your Members is prohibited by law or that this agreement is in violation of law, and; (e) you have implemented procedures, and will consistently apply those procedures to ensure the foregoing representations and warranties remain true and correct at all times.
You covenant and agree: (w) to comply with all requirements of law relating to money laundering, antiterrorism, trade embargoes and economic sanctions, now or hereafter in effect; (x) to immediately notify Common Desk in writing if any of the representations, warranties or covenants set forth in this section are no longer true or have been breached or if you have a reasonable basis to believe that it may no longer be true or have been breached; (y) to not knowingly use funds from any “Prohibited Person” (as such term is defined in the September 24, 2001 Executive Order Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism) to make any payment due to Common Desk under this agreement, and (z) at the request of Common Desk, to provide any information Common Desk may be request to determine your compliance with the terms of this section.
You hereby acknowledge and agree that your or any of your Member’s inclusion on the List at any time during the Term shall be a material default of this agreement. Notwithstanding anything herein to the contrary, you shall not permit your Home Campus or any other Common Desk location to be used or occupied by any person or entity on the List or by any Embargoed Person (on a permanent, temporary or transient basis), and any such use or occupancy by any such person or entity shall be a material default of this agreement.
You shall also require and shall take reasonable measures to ensure compliance with the requirement that no person who owns any other direct interest in you is or shall be listed on any of the Lists or is an Embargoed Person. The term “Embargoed Person” means any person, entity or government subject to trade restrictions under U.S. law, including but not limited to, the International Emergency Economic Powers Act, 50 U.S.C. §1701 et seq., The Trading with the Enemy Act, 50 U.S.C. App. 1 et seq., and any Executive Orders or regulations promulgated thereunder with the result that the investment in you or any of your Members is prohibited by law. This paragraph shall not apply to any person to the extent that such person’s interest in you or any of your Members is through a U.S. Publicly-Traded Entity. As used in this agreement, “U.S. Publicly-Traded Entity” means any entity whose securities are listed on a national securities exchange, or quoted on an automated quotation system, in the United States, or a wholly-owned subsidiary of such entity.

12. Class Action Waiver.

To the fullest extent permitted by law, any proceeding to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. You will not seek to have any dispute heard as a class action or in any other proceeding in which you act or propose to act in a representative capacity. No proceeding will be combined with another without the prior written consent of all parties to all affected proceedings. You also agree not to participate in claims brought in a private attorney general or representative capacity, or any consolidated claims involving another person’s account, if we are a party to the proceeding. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.

13. Governing Law; Venue.

This agreement is governed by the laws of the State of Texas, without giving effect to any conflict of law principle that would result in the laws of any other jurisdiction governing this agreement. Any such action, or proceeding will be litigated in courts located in the county of the Common Desk location at which the claim arose, and if the claim is not arising from a certain Common Desk location, then in New York, New York. You hereby irrevocably agree to waive any right to a jury trial of any such claim or cause of action.

14. Survival

Sections 1, 5-9, and 12-14, as well as all other provisions of these Terms reasonably expected to, shall survive any termination or expiration of your use of the services.

Last Updated: July 10, 2024

1. INTRODUCTION

Common Desk respects your privacy and is committed to maintaining your trust by protecting your personal data. This Privacy Policy (“Policy”) describes how Common Desk collects, uses, shares or otherwise processes data that (either in isolation or in combination with other information) enables you to be directly or indirectly identified (“Personal Data”) and explains the rights you may have in relation to your Personal Data.

This Policy is intended to help you understand how Common Desk processes your Personal Data when you:

• interact with us on our websites that display or link to this Policy;
• use our products and services, including our software and technology platform and applications made available for use online or through mobile devices;
• register for, attend or take part in our events, webinars, programs, promotions or contests;
• receive communications from us or otherwise communicate with us;
• subscribe to receive our newsletters, updates or other communications; or
• participate in surveys, research or other similar data collection activities facilitated by Common Desk.

2. WHO WE ARE

Common Desk Operations LLC (“Common Desk”, “we”, “our” or “us”) is responsible for the processing of your Personal Data as described in this Policy, and, unless otherwise specified, acts as the controller of such Personal Data. That means that Common Desk determines the purposes for which and the means by which your Personal Data is processed.

3. PERSONAL DATA WE COLLECT

As a regional provider of flexible workspace solutions, we collect different types of Personal Data about you based on how you interact with us and the products and services you access and use. The different types of Personal Data we may collect are categorized in the table below. Please note, however, that not all categories may be applicable to you.

In limited circumstances, we may also collect the following categories of Personal Data:

4. HOW WE COLLECT YOUR PERSONAL DATA

4.1 Directly from You

We collect most of your Personal Data directly from you. The categories of Personal Data that we collect depends on how you interact with us. For example, you may provide us Personal Data when you sign-up for a Common Desk membership, contact us or inquire about our products or services, access our locations, use our mobile applications, participate in surveys, interact with our websites, attend or take part in events or webinars or provide services to us. You may not always be required to provide Personal Data that we request. If you do not wish to provide your Personal Data to us, you may choose not to do so or opt-out of our processing of your Personal Data when this option is offered to you. However, you should be aware that if you do not provide Personal Data that we request, we may not be able to provide you with our products or services or respond to your requests for which the provision of such Personal Data is necessary.

4.2 From Automated Means, Devices and Our Networks

We may automatically collect your Personal Data, which we may observe or detect without directly asking you to provide the information to us. As is common practice among businesses that operate online and through technology, this will mainly include information gathered automatically through your activity on and use of our websites, mobile applications, emails and online content. This information includes Device, Internet and Network Activity Information and other information collected through cookies, web beacons and other similar technologies. For more information on how we use cookies, internet advertising and other tracking technologies, please see our Cookie Policy.

4.3 From Other Sources

We may also collect your Personal Data from other sources as described in the table below.

5. PURPOSES FOR WHICH WE PROCESS YOUR PERSONAL DATA

We collect and process your Personal Data for the following purposes:

• To operate and administer our websites (including our social media pages) and to provide you with the content you access and request
• To ensure the security of our online services and technology including the detection, prevention, and investigation of attacks
• To analyze website usage patterns and to help us optimize the relevance and performance of our website and the user experience on our websites
• To personalize and improve our products and services and your overall customer experience, in particular by improving our existing technologies and developing new products and services and to provide personalized information about us on and off our websites and to provide other personalized content based upon your activities and interests
• To provide our products and services (e.g., access to Common Desk’s offices, rooms and/or workspaces, access to the shared Internet connection, use of printers, mail services, etc.) and contract with you, including payment processing and customer support
• To manage our relationship with you, including feedback management and for customer surveys
• To provide you with general and personalized electronic and non-electronic direct marketing, sales and promotional information and support our targeted advertising initiatives concerning our products and services (e.g., promotions, newsletters and event invites)
• To send you transactional communications (e.g., service messages, invoices, receipts, registration emails, security alerts, updated terms and policy changes, booking confirmations and other non-marketing communications)
• For business analytics, including consumer and operations research, to assess the effectiveness of our sales, online service, marketing, and advertising, and to analyze market trends and (future) customer demand
• To register and activate your membership account, including activating your keycard to enable your physical access to our locations
• To facilitate, monitor and manage your access to our locations and to monitor our locations using CCTV
• To record phone or video calls (in accordance with law) or retain transcripts of dialogue for training, quality assurance and administration purposes
• To manage registrations and participation in events that we organize, host and/or co-host (including to send you related communications, and where applicable, to send your registration information to third-party organizers and co-sponsors)
• To create internal reports and models (e.g., utilization, forecasting, revenue, financial, capacity planning and management, product and services strategy)
• To anonymize your Personal Data for further internal and external use in a manner that does not identify you
• To comply with our responsibilities under data protection laws relating to your processing of Personal Data (e.g., to respond to and maintain records relating to data subject rights requests, to cooperate with supervisory authorities, to respond to inquiries and complaints and to maintain records of consent and suppression lists)
• To respond to claims and complaints
• To comply with public and government authorities, courts, law enforcement and regulators lawful requests, notices and orders (to the extent this requires us to process or disclose your Personal Data)
• To protect the rights, safety, health, and security of our customers, our employees and guests and to protect our property
• To respond to, handle and document incidents and medical and other emergencies occurring at our locations (including requests for medical assistance or emergency services, as applicable)
• To enable us to reorganize, restructure, sell or license our business or our assets

6. HOW WE SHARE YOUR PERSONAL DATA

We consider the protection of your Personal Data to be a vital part of our relationship with you; therefore, we do not sell your Personal Data to third parties. There are, however, certain circumstances in which we may disclose, transfer or share your Personal Data with certain third parties (“Third Parties”) as set forth in this Policy. These Third Parties can be categorized as follows:

• WeWork Group Companies. Common Desk is a WeWork company. We may share your Personal Data with our parent companies, subsidiaries and/or affiliates (“WeWork Group Companies”) for purposes consistent with this Policy.
• Our Service Providers. We use third-party companies, vendors, agents and contractors (“Service Providers”) to perform services or business-related functions on our behalf or to assist us with the provision of our products and services. We may share your Personal Data with such Service Providers as necessary for them to perform or provide services on our behalf.
• Advertising Partners. As is common practice among companies that operate online, we may share limited Personal Data with certain third parties, including non-affiliated business partners, advertising networks, analytics providers and other advertising providers (“Advertising Partners”) for purposes of targeting advertisements on non-Common Desk websites, applications and services. In addition, we may allow certain Advertising Partners to collect limited information from our websites and services using cookies, web beacons, mobile advertising identifiers and other technologies. These Advertising Partners may use this information to display online advertisements tailored to your interests and preferences across your browsers and devices and to conduct ad campaign measurement and website analytics. We do not control the types of information collected and stored by these third-party cookies, web beacons, mobile advertising identifiers and other technologies. You should refer to the third-party’s website for more information on how they use cookies.
• Our Professional Advisors. We may share your Personal Data with our professional advisors, including our lawyers, bankers, auditors and insurers who provide consultancy, legal, banking, auditing, insurance and accounting services to us.
• The Member Company or Account Holder with Whom You are Associated. We may share your Personal Data with your employer or another organization (to the extent your account or use of our products or services is associated with such party’s contract for our products and services) (“Member Company” or “Account Holder,” as applicable) for purposes consistent with this Policy. For example, membership activity and usage data may be shared to enforce our terms and policies (including payment obligations) and to allow for Member Company or Account Holder to assess the effectiveness of our models and plans and to perform administrative functions such as utilization, forecasting, capacity planning and real estate strategy.
• Organizers, Hosts and Sponsors. We may share your Personal Data with organizers, hosts and sponsors (“Sponsors”) when you register for, attend or take part in events, webinars, programs, promotions or contests associated with such Sponsors.
• Our Landlords and Building Owners and Managers. We may share your Personal Data with our landlords and building owners and managers as necessary to comply with our lease and/or management agreements to provide services and facilitate access and security at the base building controls where our workspaces are located.
• Third Parties Involved In Business Transactions. If we engage in a merger, acquisition, bankruptcy, dissolution, reorganization, sale of some or all of our assets or stock, financing, public offering of securities, acquisition of all or a portion of our business, a similar transaction or proceeding, or steps in contemplation of such activities, your Personal Data may be shared or transferred, subject to standard confidentiality arrangements.
• Other Third-Party Disclosures. We may share your Personal Data: (i) at your direction or with your consent, (ii) if required to do so by law in order to, for example, respond to a subpoena or request from law enforcement, a court or a government agency (including in response to public authorities to meet national security or law enforcement requirements) or (iii) in the good faith belief that such action is necessary to: (a) comply with a legal obligation, (b) protect or defend our rights, interests or property or that of our employees, agents, members, customers and other third parties, (c) prevent or investigate possible wrongdoing in connection with our products and services, (d) enforce our terms and conditions, policies and agreements, (e) act in urgent circumstances to protect the personal safety of you, other individuals or the public or (f) protect against legal liability.

7. RETENTION OF PERSONAL DATA

We retain Personal Data for a period of time consistent with the original purpose of collection (see Section 5 [Purposes for Which We Process Your Personal Data] above) or as long as required to (i) comply with a legal obligation, (ii) protect or defend our rights, interests or property or that of our employees, agents, members, customers and other third parties, (iii) prevent or investigate possible wrongdoing in connection with our products and services, (iv) enforce our terms and conditions, policies and agreements, (v) protect against legal liability or (vi) pursue legitimate interests or essential business purposes. We determine the appropriate retention period for Personal Data on the basis of the length of time we have an ongoing relationship with you (e.g., for as long as you have an account with us or keep using our products and services), the amount, nature, and sensitivity of the Personal Data being processed, the potential risk of harm from unauthorized use or disclosure of the Personal Data, whether we can achieve the purposes of the processing through other means, and on the basis of applicable legal obligations (such as applicable statutes of limitation).

8. SECURITY RELATING TO PERSONAL DATA

We use appropriate technical and organizational measures to protect your Personal Data against accidental or unlawful destruction, loss, alteration, and unauthorized disclosure or access. Such measures take into account the nature of the Personal Data and the processing and the threats posed.

While we endeavor to implement generally accepted security measures, no method of storage or transmission is 100% secure. In the event of a security incident, we will notify regulators and/or you as required by applicable laws and regulations. Such notice may come in the form of an email, postal mail, in-app notification or an electronic notice posted online or through our products and services.

9. AUTOMATED DECISION-MAKING

Currently, we do not make any decisions based solely on automated processing, including profiling, which produces legal effects (“Automated Decision-Making”). In the event our position changes, we will update this Policy and inform you as required by applicable data protection laws.

10. YOUR RIGHTS RELATING TO YOUR PERSONAL DATA

10.1 Your Rights

Depending on where you live, you may be able to exercise certain rights in relation to your Personal Data. These rights may include the right to:

• Obtain confirmation as to whether or not your Personal Data is being processed by us, and where that is the case, access to such Personal Data (and related details);
• Obtain rectification of inaccurate Personal Data and to have incomplete Personal Data completed;
• Obtain erasure or deletion of your Personal Data;
• Obtain restriction of our processing of your Personal Data or object to processing of your Personal Data;
• Receive your Personal Data in a structured, commonly used and machine-readable format and to transmit such data to another controller where feasible;
• Know about the existence of Automated Decision-Making and to not be subject to Automated Decision-Making; and
• Withdraw your consent at any time, to the extent we rely on your consent as the legal basis for processing your Personal Data (without affecting the lawfulness of the processing based on such consent prior to your withdrawal or processing based on reliance on a legal basis other than consent).

You will not be discriminated against for exercising any of your rights described in this Policy. Please note that these rights may be subject to further conditions, limitations and/or exemptions under applicable data protection laws. If any of the rights listed above are not provided under law for your jurisdiction, we have absolute discretion in providing you with these rights.

10.2 How to Exercise Your Rights

To exercise your applicable rights, please email us at commondesk-privacy@wework.com  When you contact us, please indicate what right you wish to exercise.

To protect your privacy and maintain security, we may ask you to provide certain information to verify your identity and residence before granting you access to your Personal Data or complying with your request. We will contact you if we need additional information in order to process your request. If we are unable to verify your identity or rights to the data, we may not be able to provide you with data rights until you are able to provide us with proper documents. Where permitted by law, we reserve the right to charge an appropriate fee to cover administrative costs incurred in responding to your request, for instance, if your request is manifestly unfounded or excessive.

Under certain data protection laws, you may designate an authorized agent to make requests on your behalf to exercise your rights. Before accepting such a request from an agent, we will require the agent to provide proof you have authorized it to act on your behalf, and we may need you to verify your identity directly with us.

10.3 Your Preferences for Email Marketing and Push Notifications

We want to make you aware of the fantastic products and services we offer! To do so, we may send you communications via email. If we process your Personal Data for the purpose of sending you marketing communications, you can manage your preferences in a number of ways. To opt out of email marketing communications, you can use the unsubscribe function in any email you receive from us or contact us using the information in Section 13 [Contacting Us]. Opt-out requests can take up to ten (10) business days to be effective. To control push notifications sent by our Common Desk app, you can change your notification settings on your device. Please note that opting out of marketing communications does not opt you out of receiving important business communications related to your current relationship with us, such as transactional communications about your memberships or event registrations, service messages, security alerts, invoices and updated terms and conditions..

10.4 Your Preferences for Telemarketing Communications

If you want your phone number to be added to our internal Do-Not-Call telemarketing register, please contact us by using the information in Section 13 [Contacting Us] below. Please include your first name, last name, company and the phone number you wish to add to our Do-Not-Call register.

Alternatively, you can always let us know during a telemarketing call that you do not want to be called again for marketing purposes.

10.5 Cookies, Targeted Online Advertising and Other Tracking Technologies

For more information on how to manage the use of cookies, targeted online advertising and other tracking technologies, please refer to Section 7 [How to Manage Cookies, Targeted Online Advertising and Other Tracking Technologies?] in our Cookie Policy.

10.6 Precise Location-Based Services

With your consent, we may collect the approximate physical location of your device by using GPS, Bluetooth, cell phone tower locations, Wi-Fi signals and/or other technologies to improve special offers and to enable location-based services. We collect this data if you opt in through the Common Desk Apps or other program (either during your initial login or later). If you have opted in to share your location, the Common Desk Apps or other program will be able to collect your location data based on how you chose to share the data. You can specify via your device’s operating system (such as through the “Settings” icon) to always share location data, only when the App is in use or never. If you choose only when the App is in use, we will have access to the data until you log off or close the application or if you use your phone’s or other device’s settings to disable location capabilities for the Common Desk App or other program.

10.7 Do Not Track

While some internet browsers offer a “do not track” or “DNT” option that lets you tell websites that you do not want to have your online activities tracked, these features are not yet uniform and there is no common standard adopted by industry groups, technology companies or regulators. Therefore, we currently do not participate in any “do not track” or “DNT” frameworks that would allow us to respond to signals or other mechanisms from you regarding the collection of your Personal Data.

11. CHILDREN AND PERSONAL DATA

Our products and services are not directed at children. We do not knowingly collect Personal Data from children under the age of 16, or such other applicable age of consent for privacy purposes in relevant individual jurisdictions, unless (a) we have obtained consent from a parent or guardian, (b) such collection is subject to a separate agreement with us or (c) the visit by a child is unsolicited or incidental. If you are a parent or guardian and believe your child has provided us with Personal Data without your consent, please contact us by using the information in Section 13 [Contacting Us] below, and we will take steps to delete their Personal Data from our systems.

12. CHANGES TO THIS POLICY

From time to time, we will update or modify this Policy, in our sole discretion, to reflect changes in legal and regulatory requirements and our business practices. The updated Policy will be posted to this website with a change to the “Last Updated” date (located at the top of this Policy). We encourage you to review this page periodically to stay informed, especially before you provide Personal Data. In circumstances where we make updates or modifications to this Policy that materially alter your privacy rights, we will provide additional notice, such as via email or with in-service notifications, as required by law. The updated Policy will take effect immediately after being posted or as otherwise notified by us. Your continued relationship with us or your continued use of our website, products or services after any such updates take effect will constitute acknowledgement and (as applicable) acceptance of the updated Policy.

13. CONTACTING US

If you have questions or concerns relating to this Policy or privacy-related issues, please email us at commondesk-privacy@wework.com or send a letter to the address below. When you contact us, please indicate which country and/or state you reside.

WeWork Privacy Team
c/o Common Desk
71 5th Avenue
2nd Floor Mailroom
New York, New York 10003 USA

14. SEPARATE AND/OR SUPPLEMENTAL PRIVACY NOTICES AND POLICIES

Please see each section below for more information on our separate and/or supplemental privacy notices and policies that may govern how we process your Personal Data in certain circumstances.

14.1 Texas Supplemental Privacy Notice of Texas Residents Only

This Texas Notice is intended to provide you with additional information with regard to our handling of your personal data and certain consumer rights.

When we use the terms “consumer” and “personal data” in this Texas Notice, we are using those terms as the Texas Data Privacy and Security Act (“TDPSA”) defines them, which the TDPSA generally defines a “consumer” as an individual who is a resident of Texas acting only in an individual or household context, but does not include an individual acting in a commercial or employment context and “personal data” as any information, including sensitive data that is linked or reasonably linkable to an identified or identifiable individual, but does not include deidentified data or publicly available information.

TDPSA NOTICES
Categories of Personal Data, Purpose for Processing, Categories of Personal Data Shared with Third Parties and Categories of Third Parties with Whom We Share Personal Data
In this Policy,

• Section 3: “Personal Data We Collect” describes the categories of personal data we process;
• Section 5: “Purposes for Which We Process Your Personal Data and the Legal Bases on Which We Rely” describes the purposes for processing personal data; and
• Section 6: “How We Share Your Personal Data” describes the categories of third parties with whom we share personal data.

Some or all of the categories of personal data we process may be shared with third parties. The categories of personal data that we share with third parties depends upon the purposes for which we process personal data. If we engage a third party in connection with any of the purposes for which we process personal data, the categories of personal data associated with that purpose will be shared with the associated third party. Please refer to Sections above for more context.

Sharing of Personal Data for Targeted Advertising
As is common practice among companies that operate online, we may share limited personal data with certain third parties, including non-affiliated Advertising Partners for purposes of targeted advertising on non-Common Desk websites, applications and services. In addition, we may allow certain Advertising Partners to collect personal data from our websites and services using cookies, web beacons, mobile advertising identifiers and other technologies. These Advertising Partners may use this information to display online advertisements tailored to your interests and preferences across your browsers and devices and to conduct ad campaign measurement and website analytics. Any personal data we may have shared for the purpose of targeted advertising is limited to Device, Internet & Network Activity Information. For more information on how we use cookies, targeted online advertising and other tracking technologies, please see our Cookie Policy.

De-Identified Data
We may use de-identified data in some instances (as that term is defined under TDPSA). We maintain and use such data without attempting to re-identify it.

YOUR RIGHTS RELATING TO YOUR PERSONAL DATA
Your Rights
As a Texas resident, you may have the rights listed below in relation to personal data that we have collected about you. However, these rights are not absolute, and in certain cases, we may decline your request as permitted by law. These rights include the right to:

• To confirm whether or not we are processing your personal data and to access such personal data;
• To correct inaccuracies in your personal data, taking into account the nature of the personal data and the purposes of the processing of your personal data;
• To delete personal data provided by or obtained about you;
• If the data is available in a digital format, to obtain a copy of your personal data that you previously provided to us in a portable and, to the extent technically feasible, readily usable format that allows you to transmit the data to another controller without hindrance; and
• To opt out of the processing of the personal data for purposes of: (i) targeted advertising; (ii) the sale of personal data or (iii) profiling in furtherance of a decision that produces a legal or similarly significant effect concerning you.

How to Exercise Your Rights
You may exercise your rights by emailing commondesk-privacy@wework.com. To protect your privacy and maintain security, we may take steps to verify your identity before complying with your request, and may decline your request if we are unable to verify your identity. To verify your identity, we may collect information such as your email address, government issued ID or date of birth, before providing a substantive response to the request.

We do not sell your personal data (as that term is defined under TDPSA). To opt out of targeted advertising, please refer to Section 7: “How to Manage Cookies, Targeted Online Advertising and Other Tracking Technologies?” in our Cookie Policy.

Authorized Agent
You may designate another person to serve as your authorized agent and to act on your behalf to opt out of the processing of your personal data for purposes of targeted advertising or the sale of your personal data. We will comply with an opt-out request we receive from an authorized agent if we can verify, with commercially reasonable effort, your identity and the authorized agent’s authority to act on your behalf.

How to Appeal Our Refusal to Take Action on a Request
If we decline to take action in any request that you submit in connection with the rights described in the above sections, you may ask that we reconsider our response by sending an email to commondesk-privacy@wework.com. Please use “TDPSA Appeal of Consumer Rights Request” in the subject line.

14.2 Cookie Policy

For more information on how we use cookies, targeted online advertising and other tracking technologies, please see our Cookie Policy.

15. OTHER IMPORTANT PROVISIONS

15.1 Non-Common Desk Companies

This Policy does not address, and we are not responsible for the privacy, data, or other practices of any entities other than Common Desk (except as otherwise provided in this Policy), including Sponsors and Landlords and Building Owners and Managers. In addition, we are not responsible for the privacy, data collection, use, disclosure, or security policies or practices of other organizations, such as Facebook, Apple, Google, Microsoft, RIM or any other app developer, app provider, social media platform provider, operating system provider, wireless service provider or device manufacturer, including with respect to any Personal Data you disclose to other organizations through our software and technology platform and applications or our social media pages.

15.2 Third-Party Links

Our website or products and services may contain links to other websites or services. If you click on a third-party link you will be directed to that third party’s website or service. We do not exercise control over, nor do we assume responsibility for, any third-party websites or services or their privacy, data collection, use, disclosure or security policies or practices. In addition, these other websites may place their own cookies or other files on your computer, collect data or solicit Personal Data from you. We encourage you to read the privacy policies or statements of the other websites or services you visit. The fact that we link to a website or service is not an endorsement, authorization, or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices.

15.3 Anonymized Data

We use anonymized data. Anonymised data is data from which individuals cannot be identified or made identifiable neither by us nor anyone else. Anonymized data is not Personal Data and is not subject to data protection laws.

Last Updated: May 3, 2024

1. INTRODUCTION

This Cookie Policy explains how Common Desk Operations LLC and/or its affiliated entities (“Common Desk”, “we”, “our” or “us”) use cookies and similar technologies when you visit our websites, including thecommondesk.com, pages, features or content we own or operate (the “Sites”), when you use the Common Desk mobile app and/or when you interact with Common Desk online advertisements (collectively the “Services”). This Cookie Policy also explains what these technologies are and why we use them, as well as your rights to control our use of them.

In some cases, we may use cookies and similar technologies to collect personal data, or information that becomes personal data if we combine it with other information. In such cases, Common Desk’s Privacy Policy will apply and supplement this Cookie Policy.

2. WHAT ARE COOKIES?

Cookies are small data files that a website sends to your web browser to store on your computer, mobile phone or other device in order to remember information about you. When you return to these websites using the same device and web browser, or visit other websites that use the same cookies, the websites are able to recognize your device and preferences. By themselves, cookies do not identify you specifically. Rather, they recognize your browser or device. Cookies can retrieve only the information that they have stored on your device; they cannot access any other information about you from your device.

Cookies that are set by the website operator are called first-party cookies. These cookies allow website operators to collect analytics data, remember language settings and perform other useful functions that generally improve your user experience. Cookies that are set by parties other than the website operator are called third-party cookies. These cookies are usually used for online advertising purposes and placed on a website through a script or tag so that you see content more relevant to you and your interests. Third-party cookies are accessible on any website that loads the third-party server’s code.

More information on cookies and their use can be found at http://www.aboutcookies.org/ or http://www.allaboutcookies.org/.

3. WHAT TYPE OF COOKIES DO WE USE?

We use the following types of cookies:

4. WHY DO WE USE COOKIES?

As is common practice among companies that operate online, we use common information-gathering technologies such as cookies, web beacons and other similar tracking technologies to automatically collect information as you access the Sites and Services. We use these technologies to better understand how you navigate and interact with the Sites and Services and to make your experience more efficient, easy and meaningful for you.

We use first-party and third-party cookies to recognize you as a Common Desk customer, to enable your use and access of the Sites and Services, to customize and improve the Sites and Services (e.g., to remember your username, language or other preferences), to optimize and measure the effectiveness of our advertising campaigns, to better understand your use of the Sites and to collect information about your computer or other device to help prevent fraud and promote the safety and security of the Sites.

We may also use cookies on the Sites and Services that enable third-party service providers (e.g., social media companies and advertising partners) to assist us in displaying ads specific to your interests across the internet (also referred to as “online behavioral/targeted advertising” or “interest-based advertising”). We do not control the types of information collected and stored by these third-party cookies. You should refer to the third-party’s website for more information on how they use cookies.

The information we collect from cookies includes:

• Aggregated information that does not identify you directly, which includes statistical information about how you use the Sites and Services or information that is linked to a cookie ID or other identification that is not paired in our records with your identifiable information; and
• Information about you, your computer or device, collected automatically using cookies and common tracking technologies (as further described in Section 6 [What Other Similar Technologies Do We Use?] below) when you visit the Sites and Services, including your browser type and operating system, and information regarding the content you view and features you access on the Sites and Services.

5. HOW LONG WILL COOKIES STAY ON MY DEVICE?

The length of time a cookie will stay on your browsing device depends on whether it is a “session” or a “persistent” cookie.

Session cookies are temporary and only stay on your browsing device until you close your browser. Persistent cookies stay on your hard drive, persisting from session to session until you delete them or they reach a set expiration date. Persistent cookies are sometimes called tracking cookies because they are used to collect user information such as browsing habits and preferences over a longer period of time.

6. WHAT OTHER SIMILAR TECHNOLOGIES DO WE USE?

In addition to cookies, we may use other similar technologies to track users of the Sites and Services. These technologies may include:

• Web Beacons, Pixel Tags and Trackers. Web beacons (or “clear gifs”), pixel tags and tracking urls are tiny graphic images and/or small blocks of code with a unique identifier placed on a website or advertisement and function in a similar way to cookies. These technologies allow us to track your online movements when you interact with the Sites and Services. In contrast to cookies, which are stored on your computer or other device, these technologies are embedded invisibly on web pages. We and our third-party service providers employ web beacons for the purposes stated above in Section 4 [Why Do We Use Cookies?], but primarily to help us better manage content on the Sites and Services by informing us which content is effective.
• Flash Cookies. We may use Flash cookies, also known as Local Stored Objects or LSOs, and similar technologies to personalize and enhance your online experience. A Flash cookie is a small data file placed on your computer using Adobe Flash technology. The Adobe Flash Player is an application that allows rapid development of dynamic content, such as video clips and animation. We use Flash cookies to personalize and enhance your online experience and to deliver content for Flash players. We may also use Flash cookies for security purposes, to gather certain website metrics and to help remember settings and preferences. Flash cookies are managed through a different interface than the one provided by your web browser. To manage Flash cookies, please visit Adobe’s website. If you disable Flash cookies or other similar technologies, please note that you may not have access to certain content.
• Google Analytics. We use Google Analytics, which uses cookies and similar technologies to collect and analyze information about your use of the Services and report on activities and trends. This service may also collect information regarding the use of other websites, applications and online resources. You can learn more about Google Analytics by visiting this website.

These other technologies function in a similar way to cookies. Accordingly, when we use the word ‘cookies’ in this Cookie Policy, we refer to cookies and all other similar technologies.

7. HOW TO MANAGE COOKIES, TARGETED ONLINE ADVERTISING AND OTHER TRACKING TECHNOLOGIES?

7.1 Cookies

To manage the use of cookies, targeted online advertising and other tracking technologies on the Sites in jurisdictions where consent is required for their use, (and such additional jurisdictions where the functionality may be available), please click on the “Cookie Settings” or “Privacy Choices” link in the footer of the webpage of the Sites you are visiting or set your preferences using the Cookie Settings preference center (where available) that pops up when you initially visit the Sites. To learn how to manage privacy and storage settings for Flash cookies, click here. You can also control Flash cookies by going to the global storage settings panel and following the instructions. Setting the Adobe Flash Player to restrict or limit acceptance of Flash cookies may reduce or impede the functionality of some Flash applications, including, potentially, Flash applications used in connection with the Sites and Services. Various browsers may also offer their own management tools for removing HTML5 local storage.

In addition to using the Cookie Settings preference center (where available), in many cases you may opt-out from the collection of cookies by managing your cookie settings at the browser and/or device level. Browser and device-level settings may allow you to: (i) delete all cookies; (ii) block all cookies; (iii) allow all cookies; (iv) block “third-party” cookies; (v) block cookies from a specific domain; (vi) clear all cookies when you close the browser; (vii) open a “private browsing/incognito” session and/or (viii) install add-ons and plugins that extend browser functionality. To manage your cookie settings at the browser level, follow the instructions provided by your browser (usually located within the “Help”, “Tools” or “Edit” settings), or review the instructions provided by the browsers listed here: Internet Explorer, Google Chrome, Mozilla Firefox, Safari Desktop, Safari Mobile, and Android Browser.

There are also additional tools available to manage third-party cookies. Many advertising companies that collect information for interest-based advertising are members of the Digital Advertising Alliance (DAA) or the Network Advertising Initiative (NAI), both of which maintain websites where individuals can opt out of interest-based advertising from their members. To opt-out of website interest-based advertising provided by each organization’s respective participating companies, visit the DAA’s website, or visit the NAI’s website. Residents of the European Union may opt-out of online behavioral advertising served by the European Interactive Digital Advertising Alliance’s participating member organizations by visiting this website. If you choose to opt out, you may continue to receive advertisements but they will not be tailored to your interests.

To prevent Google Analytics from using your information for analytics, you may install the Google Analytics Opt-Out Browser by clicking here. To opt out of Google Analytics for display advertising or customize Google display network ads, you can visit the Google Ads Settings page here.

Please note that by blocking or deleting cookies and other tracking technologies, you may not be able to access all or parts of the Site or take full advantage of the functionality provided by the Sites (e.g., remembering your username or having Common Desk locations displayed that are closest to where you are located).

7.2 Personalized Mobile Advertising

You can opt out of having your mobile advertising identifiers used for certain types of advertising by accessing the appropriate settings on your mobile device and following the instructions. If you opt-out, we will remove all data about you and will not collect any further data. The random ID previously assigned to you will be removed. If at a later date, you decide to opt-in, we will be unable to track you using your prior ID and you will for all intents and purposes be a new user. To control interest-based tracking on iOS devices, go to Settings > Privacy & Security > Apple Advertising > toggle “Personalized Ads” on or off. For Android devices, go to Settings > Google services > Ads > toggle “Opt out of Ads Personalization” on or off. For iOS and Android devices, you can also reset the advertising identifier that is currently assigned to you.

To opt-out of data collection for interest-based advertising across mobile applications by participating companies, download the DAA’s AppChoices mobile application opt-out offering here.

7.3 Do Not Track

While some internet browsers provide a “do not track” or “DNT” option that lets you tell websites that you do not want to have your online activities tracked, these features are not yet uniform and there is no common standard adopted by industry groups, technology companies or regulators. We currently do not participate in any “do not track” or “DNT” frameworks that would allow us to respond to such requests.

8. CHANGES TO THIS POLICY

From time to time, we may update or modify this Cookie Policy, in our sole discretion, to reflect changes in legal and regulatory requirements and our business practices. The updated Cookie Policy will be posted on the Sites with a change to the “Last Updated” date (located at the top of this Cookie Policy). We encourage you to review this page periodically to stay informed. The updated Cookie Policy will take effect immediately after being posted or as otherwise notified by us. Your continued use of the Sites or Services after any such updates take effect will constitute acknowledgement and (as applicable) acceptance of the updated Cookie Policy.

9. CONTACTING US

If you have questions or concerns relating to this Cookie Policy or our use of cookies and other technologies, please email us at commondesk-privacy@wework.com.