Effective Date: January 25th, 2018
This Privacy Policy of Graphus, Inc., a Delaware Corporation, doing business under the trade name Graphus® (“We”, “Us”, “Our”), describes Our privacy practices in relation to the use of Our web site, www.graphus.ai (the “Site”), our platform and the related applications and services offered by Us (the “Services”) to you (“You” or “Your”).
Information Collected by Graphus
We may collect, store, analyze and use the following kinds of information when You use the Site and/or the Services (collectively, the “Collected Information”) and store it in log files:
(a) automatically collected information about Your computer and about Your visits to and use of the Site (including Your Internet Protocol (IP) address, geographical location, browser type and version, operating system, platform, referral source, length of visit, page views and website navigation paths)(collectively, “Web Information”) which may be linked to other information we collect about you;
(b) information that You provide to Us when registering with Our Site or subscribing to Our email notifications and/or newsletters (including Your name, company, address, phone number and email address)(collectively, “Contact Information”);
(c) electronic data and information that You provide to Us or that is collected and processed by Us when you use the Services, or that is generated in the course of the use of the Services (including the timing, frequency and pattern of use of the Services)(collectively, “Your Data”); and
(d) any other data, communications, or information that You choose to send to Us or send through Our Site (including the content and metadata associated therewith)(collectively, “Optional Information”).
A portion of the Collected Information may constitute Personal Information. “Personal Information” is information You provide to Us by using the Site or the Service that identifies an individual, or is directly associated with a specific person or entity such as a name, address, telephone number, email address, credit card number, or information about activities which can be directly linked to that person. To the extent that Internet Protocol (IP) addresses or similar identifiers are considered Personal Information by local law, We also treat these identifiers as Personal Information. Similarly, to the extent that non-Personal Information is combined with Personal Information, We treat the combined information as Personal Information for the purposes of this Privacy Policy. Your Personal Information is gathered only when You choose to share it. While We receive and store the Personal Information that You choose to share with Us, You may always opt-out of sharing Personal Information by discontinuing Your use of the Site and Services. Additionally, You can always choose to opt-out of receiving service and/or promotional e-mail and electronic newsletter communications that We may now or hereafter send to customers from time to time.
Use of Collected Information
Collected Information may be used for the purposes specified in this Privacy Policy or on the relevant pages of the Site. Your Data may be used, analyzed, and processed as described in Our Terms of Service or any other agreement between You and Us (collectively, the “Subscription Agreement”).
Without limiting the foregoing, We may use Your Collected Information to:
(a) administer Our Site and business;
(b) enable Your use of the Services and provision the Services to You;
(c) send statements, invoices and payment reminders to You, and collect payments from You
(d) send You non-marketing commercial communications;
(e) send You notifications that You have specifically requested;
(f) send You Our email newsletter, if You have requested it (You can inform Us at any time if You no longer require the newsletter);
(g) send You marketing communications relating to Our business which We think may be of interest to You, by post or, where You have specifically agreed to this, by email or similar technology (You can inform Us at any time if You no longer require marketing communications);
(h) provide third parties with statistical information about Our users (but those third parties will not be able to identify any customer or individual user from that information);
(i) deal with inquiries and complaints made by or about You relating to Our Site;
(j) keep Our Site secure and prevent fraud; and
(k) verify compliance with the terms and conditions governing the use of Our Site and Services.
Technologies such as: cookies, beacons, tags and scripts are used by Us and Our business partners, affiliates, or analytics or service providers. These technologies are used in analyzing trends, administering the Site and Services, tracking users’ movements around the Site and to gather demographic information about Our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual as well as aggregated basis.
We use cookies to analyze Service usage and traffic patterns. Users can control the use of cookies at the individual browser level. If You reject cookies, You may still use Our Site and Services, but Your ability to use some features or areas of Our Site and Services may be limited.
We may partner with third parties to either display advertising on Our Site or to manage Our advertising on other sites. Our third party partner(s) may use technologies such as cookies to gather information about Your activities on Our Site and other sites in order to provide You advertising based upon Your browsing activities and interests.
We use Local Storage Objects (LSOs) such as HTML5 to store Your user information and settings. Third parties with whom We partner to provide certain features on Our site or to display advertising based upon Your Web browsing activity use LSOs such as HTML 5. Various browsers may offer their own management tools for removing HTML5 LSOs.
Some of Our pages utilize framing techniques to serve content to/from Our partners while preserving the look and feel of Our website. Please be aware that You are providing Your personal information to these third parties and not to Us.
We will use proprietary and third-party products and certain software tools to measure, collect, and analyze the foregoing Collected Information. We do this in order to analyze the use and performance of the Service and to better understand the needs of Our customers. You agree that We act as a “data processor” as provided for in the EU Data Protection Directive (Directive 95/46/EC).
Information Related to Data Collected through the Service
We collect information under the direction of Our customers, and have no direct relationship with the individuals whose personal data is processed by the Services. If you are a customer of one of our Clients and would no longer like to be contacted by one of our Clients that use our service, please contact the Client that you interact with directly.
Service Provider, Sub-Processors/Onward Transfer.
We may transfer Your Data to companies that help Us provide the Service to You. Transfers to subsequent third parties are covered by the provisions in this Privacy Policy regarding notice and choice and our Subscription Agreements with our customers.
Access to Data Controlled by our Customers
We have no direct relationship with the individuals whose personal data We process. An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data should direct his or her query to our customer who controls such data (the data controller). If the customer requests that We remove the data, We will respond to the customer’s request within 30 business days.
Our Data Retention
We will retain Your Data processed on behalf of a customer for as long as needed to provide the Services to such customer. We will retain and use Your Data as necessary to comply with our legal obligations, resolve disputes, and enforce Our agreements.
By using the Service, You have consented to the collection and use of Your Data as outlined in this Privacy Policy.
Security of Personal Information
We take precautions to ensure that Your Personal Information processed by Our Services is secured. We use a variety of industry-standard technical, contractual, administrative and physical security measures and procedures to help protect Your Personal Information from unauthorized access, use, alteration or disclosure. When You enter sensitive information, such as a credit card number, on Our order forms, We encrypt the transmission of that information using reasonable security. Unless otherwise provided for herein, We restrict access to Personal Information to those employees who need access to perform their essential job functions. Please note that despite Our best efforts, no one can guarantee the security of Personal Information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of Personal Information at any time. If You have questions about Our security measures in place, please contact Us at [email protected]
Disclosure of Personal Information
We are committed to ensuring the privacy of Your Personal Information. We will share Your Personal Information with third parties only in the ways that are described in this Privacy Policy and, to the extent applicable, the Subscription Agreement. We do not sell or authorize the collection of Personal Information by third parties through advertising technologies deployed on Our Site, nor do We share Personal Information with any third parties, except as provided in this Privacy Policy.
We may disclose Your Personal Information to any of Our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this Privacy Policy and, to the extent applicable, the Subscription Agreement.
We use a third-party service provider to manage credit card processing. We may disclose any billing information You provide to Us when purchasing the Services to such service provider including Your name, address, telephone number, e-mail address and credit card information (collectively, “Billing Information”). This service provider is not permitted to store, retain, or use Billing Information except for the sole purpose of credit card processing on Our behalf.
Legal Compliance
We may disclose Your Personal Information when such disclosure is: (i) necessary to conform to legal requirements or to respond to a subpoena, search warrant or other legal process received by Us, whether or not a response is required by applicable law; (ii) necessary to enforce or apply Our Subscription Agreement and other related agreements; or (iii) to protect the rights, property, or safety of Us, Our employees, Our customers or other members of the general public. In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. Disclosures made under this paragraph may include exchanging information with other companies and organizations, or governmental agencies; however, this does not include selling, renting, sharing, or otherwise disclosing Personal Information from customers for commercial purposes in violation of the commitments set forth in this Privacy Policy.
Service Providers
We may provide Your Personal Information to companies that provide services to help Us with Our business activities such as hosting or analytics provider. These companies are authorized to use Your Personal Information only as necessary to provide these services to Us.
International Transfers
We primarily store Collected Information in the United States. To facilitate Our global operations, We may transfer and access such Collected Information from around the world, including from other countries in which We have operations. This Privacy Policy shall apply even if We transfers Collected Information to other countries.
Protecting the Privacy of Minors
Minors under the age of thirteen (13) are prohibited from using or purchasing the Services. Minors under the age of eighteen (18) are not permitted to use or purchase the Services without the permission and involvement of a parent or legal guardian. We do not intentionally collect or maintain Personal Information from individuals who are under thirteen (13) years old. Protecting the privacy of minors is very important to Us. Thus, if We obtain actual knowledge that a user is under thirteen (13) years of age, We will take steps to remove that user’s Personal Information permanently from Our databases and Internet servers.
User Access and Choice
Upon request, We will provide you with information about whether We hold, or process on behalf of a third party, any of your personal information. If Your Personal Information changes, or if You no longer desire Our Services, You may correct, update, or delete it by emailing [email protected]. We will respond to Your request within a reasonable timeframe.
Email Choice/Opt-out
We offer You choices regarding the collection, use, and sharing of Your Personal Information. You have a right at any time to stop Us from contacting You for marketing or service purposes. If now or in the future You receive promotional or electronic newsletter communications from Us, You may indicate a preference to stop receiving such communications from Us, and You will have the opportunity to “opt-out” by clicking the “Unsubscribe” hyperlink at the bottom of all such communications or You can contact Us at [email protected]. Notwithstanding Your indicated email marketing preferences, We may send You administrative emails regarding Us or the Services, including, for example, order confirmations and notices of updates to Our Privacy Policy or the Subscription Agreement if We choose to provide such notices to You in this manner.
Business Transfers
As We continue to develop Our business, We may sell or buy companies, subsidiaries, or business units. In such transactions, customer information, including Personal Information, is generally considered an asset, but remains subject to the terms and conditions of any pre-existing Privacy Policy (unless, of course, a customer specifically requests otherwise in writing). Notwithstanding, in the event that We or substantially all of Our assets are acquired, or a change in control of the majority ownership of Us occurs, Personal Information may be one of the transferred assets. You will be notified via email and/or a prominent notice on Our Site of any change in ownership or uses of Your Personal Information, as well as any choices You may have regarding Your Personal Information.
Referrals
If You choose to use Our referral service to tell a friend about Our Site, We will ask You for Your friend’s name and email address. We will automatically send Your friend a one-time email inviting him or her to visit the website. We store this information for the sole purpose of sending this one-time email and tracking the success of Our referral program. Your friend may contact Us at [email protected] to request that We remove this information from Our database.
Links to 3rd Party Sites
Our Site includes links to other web sites whose privacy practices may differ from Ours. If You submit Personal Information to any of those sites, Your information is governed by their privacy policies. We encourage You to carefully read the privacy policy of any web site You visit.
Blog / Forum
Our Site offers publicly accessible blogs or community forums. You should be aware that any information You provide in these areas may be read, collected, and used by others who access them. You can request the removal of Your Personal Information from Our blog or community forum, by contacting Us at [email protected]. In some cases, We may not be able to remove Your Personal Information, in which case We will let You know if We are unable to do so and why.
Social Media Widgets
Our Site includes social media features, such as the Facebook button and widgets, such as the ShareThis button or interactive mini-programs that run on Our site. These features may collect Your IP address, which page You are visiting on Our site, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on Our site. Your interactions with these features are governed by the privacy policy of the company providing it.
Testimonials
We display personal testimonials of satisfied customers on Our Site in addition to other endorsements. With Your consent, We may post Your testimonial along with Your name. If You wish to update or delete Your testimonial, You can contact Us at [email protected].
Changes in Our Privacy Policy
From time-to-time We may modify, change, update, add to, remove portions of or otherwise alter this Privacy Policy. If We make material changes, We will post them on Our Site prior to the change becoming effective, to make customers aware of what the changes are so customers will always be aware of what information We collect, how We collect and use that information, and when We may disclose such information. If You object to any such changes, You must immediately cease using the Site and the Services. You are bound by any changes to this Privacy Policy when You use the Site or Services after those changes have been posted. If You have any questions concerning this Privacy Policy, please contact [email protected] or see contact details below.
