Privacy Statement

 

Digital.ai Software Inc., headquartered in the U.S., and its affiliates (“Digital.ai”, “we”, “us” and “our”) are committed to protecting the privacy of individuals who interact with us, such as our website visitors, customers, business partners, leads and prospects, employees, recipients of marketing communications, end users and event attendees “you” and “your”).

This Privacy Statement (“Statement”) describes how Digital.ai collects, uses, or otherwise processes information relating to individuals, as defined under applicable privacy law (“Personal Data”) in relation to its website and online properties (“Website”), its applications, products, or services (“Products”) and/or events, and experiences that reference this Privacy Statement (collectively, “Digital.ai Offerings”), as well as the rights associated with that processing.

This Statement only governs Digital.ai’s collection and processing of your Personal Data in the context of your direct interactions with Digital.ai as an individual data subject. This Statement does not cover the practices of companies we don’t own or control or people we don’t manage. This Statement also does not apply to any products, services, websites, or content that are offered by third parties or have their own privacy notice.

Please note, prior to or at the time of collection, we may provide additional disclosures or privacy notices , and/or additional information about our data collection, use and sharing practices for specific purposes. Such additional notices may supplement this Statement, clarify our privacy practices in the circumstances described, or provide you with additional choices about how we process your Personal Data.

 

Notice to End Users

Many of our Products are intended for use by organizations. Where the Products are made available to you through an organization (e.g. your employer) and you are an end-user of such Product , your organization is the controller of any Personal Data processed by such Product. If this is the case, your use of the Product(s) is subject to your organization’s policies, including its privacy policy. In this scenario, Digital.ai will process your Personal Data pursuant to the data processing terms under the agreement in place between your organization and Digital.ai.

 

Resources In Respect of How We Protect Customer Personal Data as a Processor

• Digital.ai Data Protection Addendum
• Digital.ai Data Protection FAQ
• Digital.ai Security & Compliance FAQ

Table of Contents

• Personal Data We Collect
• How We Use Personal Data
• Cookies
  • Analytics & Advertising
  • Third Party Sites & Services
• How We Share Personal Data
• Legal Basis for Processing
• International Transfers
• Data Security and Retention
• Personal Data of Children
• Your Rights and Choices
• Contact Us
• Additional Information for Certain Jurisdictions
  • United States
  • EU, United Kingdom & Switzerland
• Examples of Information Collected

 

Personal Data We Collect

We collect information from you directly, automatically through the Website and from third parties. Each collection mechanism is described in more detail in this Privacy Statement.

 

Here are the types of Personal Data we gather:

• Information we collect directly from you: We collect any information you provide in relation to Digital.ai Offerings. Click here to see examples of information you give us.

 

• Information from other sources: We might collect information about you from other sources, including service providers, partners, and publicly available sources. Click here to see examples of information we collect from other sources.

 

• Automatically collected information: We automatically collect certain types of information when you interact with Digital.ai Offerings. Click here to see examples of information we collect automatically.

 

We collect your Personal Data when you:

• Visit our Website or create an account on our Website;
• Visit our branded social media pages;
• Visit our offices;
• Receive communications from us or otherwise communicate with us, including but not limited to emails, phone calls, texts, or faxes;
• Purchase, subscribe to, or use Digital.ai Offerings, including when you are the end-user of Digital.ai Offering procured by an organization that is your employer;
• Give us feedback on Digital.ai Offerings;
• Request quotes, services, Product support, trials, whitepapers, and related downloads, or additional information;
• Register for, attend, or take part in Digital.ai training courses or education;
• Act as or work for a service provider or supplier to Digital.ai;
• Subscribe to newsletters, promotional emails, or other marketing or publications to be sent to you;
• Register for webcasts, seminars, conferences, or other events sponsored by us or one of our business partners;
• Participate in Digital.ai communities;
• Participate in surveys, research or other similar data collection facilitated by us;
• Apply for a job or submit your resume/CV; or
• Contact us.

 

When we ask you to provide Personal Data, we will advise you at the time of collection whether providing Personal Data is necessary for your access to, or use of, our Digital.ai Offerings. When we ask for Personal Data through one of our registration pages on our Website, you will have the option of not providing the information, in which case you may still be able to access other portions of the Website, although you may not be able to access certain programs, products, applications or services.

 

How We Use Personal Data

We use the Personal Data collected about you as appropriate and relevant for the following purposes:

• Provide Digital.ai Offerings: We use your Personal Data to provide and deliver Digital.ai Offerings and process transactions related to Digital.ai Offerings, including registrations, subscriptions, purchases, and payments.

 

• Measure, Support and Improve Digital.ai Offerings: We use your Personal Data to measure use of, analyze performance of, fix errors in, provide support for, improve, and develop Digital.ai Offerings.

 

• Provide, Improve, and Optimize our Website: We may use Personal Data to facilitate your use of our Website (such as facilitating navigation and the login process, preserving information between sessions, and enhancing security), improve quality, evaluate page response rates, identify usage trends, determine the effectiveness of our promotional campaigns, operate and expand our business activities, as well as personalize and determine content.

 

• Marketing: We use Personal Data obtained from you, your interactions with us, and from third-party sources to market and promote Digital.ai Offerings. We may use information obtained from you in an aggregated format to support analytical efforts to better understand our Website visitors’ interests, optimize content consumption, and to determine the interest in our Products.

 

• Recommendations and Personalization: We may use your Personal Data to recommend Digital.ai Offerings that might be of interest to you, identify your preferences, and personalize your experience with Digital.ai Offerings.

 

• Security: We may use Personal Data to help monitor, prevent and detect fraud and abuse in order to protect the security of our customers, Digital.ai, and others, as well as to enhance security of Digital.ai Offerings, monitor and verify identity or access, and combat spam or other malware or security risks.

 

• To Communicate with You: We may use Personal Data to communicate with you in relation to the Digital.ai Offerings via different channels (e.g., by phone, email, chat) and to respond to your requests or provide information requested by you, and/or to process your transactions.

 

• Perform and Comply with Legal Obligations: In certain cases, we have a legal obligation to collect, use, or retain your Personal Data. We may use Personal Data to protect our interests or the interests of third parties, including to protect the health and safety of our employees and visitors, our facilities and our property and other rights; to perform or enforce our agreements; and to comply with our legal obligations.

 

• Provide Online Communities and Blogs: We may use Personal Data and other information disclosed by or collected from you on our communities, message boards, chat features, blogs and other services or platforms to which you are able to post information and materials for the purpose of providing you and our customers with a forum to discuss Digital.ai Offerings, and/or any other purposes set forth in this Statement. You should be aware that any information you disclose in those forums may be read, collected, and used by any member of the public who accesses these forums. We urge you to consider the sensitivity of any information you input into these services and not post any information that you do not want to reveal to the public at large.

 

• Conferences and Events: We may use Personal Data to communicate with you about our events. After the event, we may contact you about the event and related products and services, may share information about your attendance with your organization, and, with your consent, with our conference sponsors. If a partner or conference sponsor directly requests your Personal Data at their conference booths or presentations, your Personal Data will be handled in accordance with their privacy practices. We recommend that you review the privacy practices of such partners and sponsors.

 

• Consent: We may also ask for your consent to use your Personal Data for a specific purpose that we communicate to you. We may use Personal Data for any other purpose with your consent.

 

• Other Legitimate Business Purposes: We may use Personal Data when it is necessary for other legitimate purposes such as protecting our confidential and proprietary information.

 

Sensitive Personal Data. We will only process any special categories of Personal Data (“Sensitive Personal Data”) relating to you for specific purposes outlined above or in relevant supplemental notices, because either: (i) you have given us your explicit consent to process that information; or (ii) the processing is necessary to carry out our obligations under employment, social security or social protection law; (iii) the processing is necessary for the establishment, exercise or defense of legal claims; or (iv) you have made the information public.

If you are an end-user of our Products, please note that we urge you to consider the sensitivity of any information you input into a Digital.ai Offering. Please do not provide any health, payment card, or similarly sensitive personal information that imposes specific data security obligations for the processing of such data unless it is a supported feature in the documentation for the applicable Product. Digital.ai’s Products are neither designed, nor provided for any purpose that requires Digital.ai to access Sensitive Personal Data on behalf of our customers, nor do we provide any Products of which the purpose is to create, receive, maintain, or transmit Sensitive Personal Data.

 

Cookies

When you visit our Website, we store certain information from your browser using cookies or similar technologies such as web beacons. A cookie is a small text file that is stored on your device through your browser. The cookies used by our Website include both session-based cookies (which expire after you close your browser or turn off your computer) and persistent cookies (which remain on your device until you affirmatively remove them). Cookies allow us to collect analytics data, remember your language settings, and perform other useful functions that help simplify your user experience. You can choose to accept all cookies or adjust your cookie settings the first time you visit our Website. You can modify your cookie settings at any time thereafter: Cookies Settings.

Third parties may also use cookies or similar technologies on our Website for advertising, retargeting, analytics, and tracking. Please see “More About Analytics and Advertising” and “Your Choices and Rights” below for more information about third party cookies.

 

More About Analytics and Advertising

We use third party analytics services to help track how users interact with our Website. Third parties also use cookies or web pixels for online advertising personalization. Third-party tracking technologies are not controlled by us, even if they use our Website to help store or collect data. Statements regarding our practices do not apply to the methods for collecting information used by third-party advertisers and others or the use of the information that such third parties collect. The relevant third party’s terms of service, privacy policy, permissions, notices and choices should be reviewed regarding their collection, storage and sharing practices.

 

Third-Party Platforms and Social Media

Digital.ai Offerings may embed content provided by others or include links to other website(s) and applications whose privacy practices may differ from those of Digital.ai. These companies may collect information about you when you interact with their content or services. This Privacy Statement applies only to Digital.ai and not to any other platforms, products, websites, or applications operated by third parties. Our Website may contain links to other platforms, products, websites, and applications which we believe may be of interest to you. Our Website also contains links that allow you to connect with us on social media. Digital.ai is not responsible for the privacy practices of any platforms, application, or websites not controlled by us. If you submit Personal Data to any of those sites, your information is governed by their privacy statements. We encourage you to review the privacy policies of any website, application, or platform you use outside of our Digital.ai Offerings before providing any information to or through them.

 

Social Media Plug-ins

When you click on a plug-in on our Website, you will be connected to the social media platform you selected. Digital.ai currently uses plug-ins for the following social media platforms:

Facebook: Provided by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA, and Facebook Ireland Limited, Hanover Reach, 5–7 Hanover Quay, Dublin 2, Ireland. An overview of Facebook plugins are available here: https://developers.facebook.com/docs/plugins/ . Facebook’s privacy policy is available here: http://www.facebook.com/policy .

LinkedIn: Provided by LinkedIn Corporation, 2029 Stierlin Court, Mountain View, CA 94043, USA. An overview of LinkedIn plugins are available here: https://developer.linkedin.com/plugins . LinkedIn’s privacy policy is available here: https://www.linkedin.com/legal/privacy-policy .

Twitter: Provided by Twitter Inc., 1355 Market St, Suite 900, San Francisco, CA 94103, USA. An overview of Twitter plugins are available here: https://developer.twitter.com/ . Twitter’s privacy policy is available here: https://twitter.com/privacy

 

How We Share Personal Data

Information about our customers is an important part of our business and we are not in the business of selling our customers’ Personal Data to others. Digital.ai processes your information for the purposes described in this Statement and we share Personal Data collected about you only as described below. We take care to only allow access to your Personal Data by those who need access to be able to perform their duties, and to be shared only with third parties who have a legitimate purpose for accessing it. If we disclose your Personal Data, to the extent reasonably practicable and permissible, we will require its recipients to comply with adequate privacy and confidentiality requirements, and security standards.

 

• Third Party Service Providers: We rely on third-party vendors, consultants, and other service providers to perform functions on our behalf and under our instructions to facilitate or perform our business operations and/or to make the Digital.ai Offerings available to you. These third-party service providers have access to Personal Data needed to perform their functions. Service Providers who help us provide Digital.ai Offerings or perform business functions may include:

 

• Hosting, technology and communication providers;
• Security and fraud prevention consultants and providers;
• Analytics providers;
• Marketing and sales management providers;
• Support and customer service vendors, including customer relationship management;
• Product fulfillment and delivery providers;
• Employee and recruiting services providers.

 

• Business Partners: We share Personal Data with third parties with whom we do business, including in connection with purchasing Digital.ai Products through a business partner or attendance at an event jointly hosted by Digital.ai and our business partner. Depending on Digital.ai’s business model and its global regional coverage, Digital.ai may disclose Personal Data to its business partners for reselling, marketing, and other business purposes to facilitate your subscription, purchases, or support of our Products.

 

• • Our business partners are responsible for managing their own use of the Personal Data collected in these circumstances, including providing information to you about how they use your Personal Data. We recommend you review the privacy policies of the relevant business partner to find out more about their handling of your Personal Data.

 

• Digital.ai Affiliates: We may share Personal Data with our affiliates worldwide in order to improve Digital.ai Offerings, and to manage our customer relationships.

 

• Legal Obligations and Rights: We disclose Personal Data: (i) in connection with the establishment, exercise, or defense of legal claims; (ii) to comply with laws or to respond to lawful requests or legal process; (iii) for fraud or security monitoring purposes (e.g., to detect and prevent cyberattacks); (iv) if we believe disclosure is necessary or appropriate to protect our rights, property, or interests, our investors, or others; or (v) as otherwise permitted by applicable law.

 

• Business Reorganization: We may share Personal Data in connection with a sale or business transaction (e.g., merger or acquisition).

 

• Other: We may share Personal Data to fulfill any purpose for which you provide it; for any other purpose disclosed to you when you provide the information; or with your consent.

 

Legal Basis for Processing

In order to collect, use and otherwise process your Personal Data for the above listed purposes, we may rely on the following legal bases as appropriate and relevant in the specific context:

• Our legitimate interests, including in providing Digital.ai Offerings to you, provided that our interest is not overridden by the risk of harm to your rights and freedoms.
• Your consent, where we have obtained your consent to process your Personal Data for certain activities. You may withdraw your consent at any time by using the methods available to you as explained in the “Your Choices” section of this Statement. However, please note that your withdrawal of consent will not affect the lawfulness of any use of your Personal Data by Digital.ai based on your consent prior to withdrawal.
• To fulfill any contractual obligations, such as where you or your organization have purchased Digital.ai Offerings.
• For compliance with our legal obligations where applicable laws require us to process your Personal Data.

 

International Transfers

Sometimes we may need to transfer information to countries that are not subject to an adequacy decision by the European Commission or your local legislature or regulator, and that may not offer the same level of data protection as the laws of your home country. We have adopted globally recognized privacy principles and only collect and/or transmit your Personal Data to the extent it is necessary to conduct business and perform requested services in connection with your use of the Digital.ai Offerings. When we transfer your Personal Data outside the European Economic Area (“EEA”), the United Kingdom (“UK”) or Switzerland, we do so in accordance with the terms of this Privacy Statement and applicable data protection law.

Digital.ai ensures that it and its service providers comply with applicable legal requirements providing for adequate protection of Personal Data transferred to countries outside of the EEA, the UK and Switzerland, which include implementing the Standard Contractual Clauses (issued by the European Commission or the UK’s Information Commissioner’s Office). When we transfer information from individuals in the EEA, the UK and Switzerland to countries that have not received an adequacy finding under Article 45 of the GDPR, we rely on the safeguards set forth in Article 46 of the GDPR or derogations for specific situations set forth in Article 49 of the GDPR in order to transfer your information across international borders. When relying on a cross-border transfer mechanism under Article 49, we only collect and transfer your information to third countries for the processing purposes outlined in this Statement. If applicable to you, you may obtain copies of such safeguards by contacting us.

 

Data Retention & Security

 

Data Retention

We keep your Personal Data to enable your continued use of Digital.ai Offerings, to fulfill our contractual or legal obligations or any other permissible purpose for which we have collected it, including to prevent fraud or security incidents. We will retain your Personal Data for as long as it is required in order to fulfill the relevant purposes described in this Privacy Statement, as may be required by law (including for tax and accounting purposes), or as otherwise communicated to you. How long we retain specific Personal Data varies depending on the purpose for its use, and we will delete your Personal Data in accordance with applicable law.

 

Data Security

Digital.ai uses a variety of security technologies and procedures to safeguard your information and help protect it from unauthorized access, use and disclosure using appropriate physical, technical, organizational and administrative measures based on the type of Personal Data and how we are processing that data. However, we cannot guarantee complete protection of your information since transmission via the internet is not 100% secure. You play an important role in keeping your information secure. You should not share your username, password, or other security information for your account with anyone. If you have reason to believe that your interaction with us is no longer secure, please immediately notify us by contacting us as detailed in the “Contact Us” section.

 

Personal Data of Children

Digital.ai Offerings are not directed to children, as defined under applicable law. We do not knowingly collect or solicit Personal Data about children under 16; if you are under 16, please do not attempt to register for or use the Products or send us any Personal Data. If we learn we have collected Personal Data from a child under 16, we will delete that information as quickly as possible. If you believe that a child under 16 has provided their information to us through our Digital.ai Offerings, please contact us as detailed in the “Contact Us” section, so that we can take steps to delete it.

 

Your Choices and Rights

We offer all individuals, regardless of residency, certain privacy choices. Residents of some territories (such as the EEA or California) are afforded various additional privacy rights by applicable law.

Your Choices

• General. You may exercise any privacy rights, as applicable to you, by submitting a privacy request via our Privacy Request Form or as otherwise described in this section.

 

It is our legal obligation to validate any request we receive before responding. The Privacy Request Form linked above is specifically designed to ensure reliable and auditable request validation. Therefore, we will not respond to requests that are not submitted and cannot be validated through this channel. If it is impossible for you to use any of the methods listed in this Statement, please contact legal@digital.ai as indicated in the “Contact Us” section below to find a resolution.

 

• Email & Marketing Communications. You may modify how we contact you through email for marketing or promotional purposes. If you register for certain services on our Website, we may send you promotional emails. If you don’t want to receive these marketing communications from us, you can opt-out at any time by:

 

• using the Digital.ai Privacy Request Form; or
• by going to the Digital.ai Subscription Center and unsubscribing; or
• by clicking the “unsubscribe” button included in any marketing communications we send you.

 

Please note that current customers or those with contractual obligations will continue to receive Product updates and other important communications.

 

• Cookies and Targeted Advertising. You can control the use of cookies on our Website's Cookies Settings or within your browser. However, please note that disabling some or all cookies may affect the functionality of our Website. Our Website does not respond to browser “Do Not Track” signals.

We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative ("NAI") on the NAI’s website at https://www.networkadvertising.org. You may also be able to opt out of receiving third-party behavioral ads by visiting the Digital Advertising Alliance (“DAA”) website at http://www.aboutads.info/choices. We are not responsible for effectiveness of or compliance with any third-parties’ opt-out options.

 

Your Rights May Include:

• Access and Portability. You may ask us to confirm whether we are processing your Personal Data, provide you with details about such processing, and, in some limited circumstances, give you a copy of your Personal Data . You may ask us to provide your Personal Data in a structured, commonly used, machine-readable format.

 

• Erasure or Deletion. You may ask us to delete the Personal Data that we hold about you.

 

• Rectification or Correction. You may ask us to correct any inaccurate or incomplete Personal Data that we hold about you.

 

• Objection to Processing. You may request that we stop processing your Personal Data for specific purposes including marketing and profiling.

 

• Restriction of Processing. You may request that we restrict the processing of your Personal Data in certain circumstances (for example, where you believe that the Personal Data we hold about you is not accurate or lawfully held).

 

• Withdraw Consent. You may withdraw your consent to us processing your Personal Data and we will stop any further processing of your data for that purpose. This will not affect the processing already carried out with your consent.

 

• Appeal. You may have the right to appeal a decision we make regarding the exercise of your privacy rights.

 

• Lodge a Complaint to your Local Data Protection Authority. You may have the right to lodge a complaint with your national or local Data Protection Authority or equivalent regulatory body.

 

• Automated Decision-making. In some circumstances, you have the right not to be subject to decisions based solely on automated processing, and to obtain human review of any such decisions that significantly affect you. We do not employ solely automated decision-making, as a matter of course, that results in automated decisions being taken (including profiling) that legally affect you or similarly significantly affect you. Automated decisions are decisions made automatically based on computer determinations (using software algorithms), without human review. If you are to be subjected to automated decision making, we will make it clear at the time and you have the right to contest the decision, to express your point of view, and to require a human review of the decision.

 

These rights are not absolute and are subject to conditions or limitations as specified in applicable laws. To the extent required by law, we provide you with (i) reasonable access to your personal information collected through our Digital.ai Offerings, and (ii) the ability to review, correct, export, or delete your information, restrict its processing, or object to its processing.

You may exercise the foregoing rights by submitting your privacy request via the mechanisms outlined in the Your Choices section of this Privacy Statement. If you request a change to or deletion of your Personal Data, please note that we may still need to retain certain information for record-keeping purposes, and/or to complete any transactions that you began prior to requesting such change or deletion. Some of your information may also remain within our systems and other records where necessary for compliance with applicable law.

 

Rights where Digital.ai acts as a Processor

Certain Digital.ai Products that have been deployed by one of our business customers may be used by such customers to collect Personal Data about you. In these cases, we process such Personal Data purely on behalf of our customers. Individuals who seek to exercise their rights should direct their query to our customer (the controller).

 

Contact Us

You may contact us regarding your privacy rights through the following channels:

To exercise your privacy rights: Digital.ai Privacy Request Form, or see the Your Choices section this Statement.

If you have any questions or comments regarding this Privacy Statement or our privacy practices, please contact us at: legal@digital.ai. We will use commercially reasonable efforts to promptly determine and remedy the problem.

 

Mailing Address: Digital.ai Software Inc., 555 Fayetteville Street, Suite #210, Raleigh, North Carolina 27601 ATTN: Legal Department

Contact details for specific jurisdictions including California, as well as the EEA, the UK and Switzerland, can be found in Additional Information for Certain Jurisdictions section of this Privacy Statement.

If you interact with Digital.ai Offerings on behalf of or through your organization, then your Personal Data may also be subject to your organization’s privacy practices, and you should direct privacy inquiries to your organization.

 

Additional Information for Certain Jurisdictions

We provide additional information about the privacy, collection, and use of Personal Data in connection with the Digital.ai Offerings for individuals located in certain jurisdictions.