Privacy

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1. Purpose Of Policy

We are committed to protecting your privacy as you use our service! We created this Privacy Policy (“Policy”) to give you confidence as you visit and use the Botanalytics website, service, and related services, which may include a web application, mobile application, and/or other related services provided by us (collectively, the “Service”). This Policy covers how we collect, use, store, and share your information when you use our Service. The provisions of our Terms of Use (https://botanalytics.co/product/terms) apply to this Policy as well. All references to “we”, “us”, “our”, or “Botanalytics” refer to Botanalytics, Inc., a Delaware corporation. All references to “you”, “your”, or “Client” refers to the user of the Service, which includes individuals and entities that seek analytics and metrics in order to improve the performance of chatbots. All references to “your End-Users” refer to the Client’s users, which include individuals who interact with your chatbots. Do not hesitate to contact us at hello@botanalytics.co if you have any questions or want to discuss this Policy.

2. INFORMATION WE COLLECT AND HOW WE USE IT

Required Information You Voluntarily Provide Us.

When you sign up for an account as a user of the Service, you will be required to provide us with various information that is, or may be, considered personally identifiable information.

You will be required to provide us with various information, including your name, email address, bot name(s), password, and other information that may be requested by us.

We use this information for the purpose of providing you with the core aspects of the Service.

Optional Information You Voluntarily Provide Us.

In addition to the required information that you provide to Botanalytics to create an account, there are various pieces of information you can, or may in the future be able to, choose to provide through the Service.

For example, we will provide you with a token, which will integrate your chatbots into the Service and collect information from you and your End-Users, including all transcripts of conversations between your End-Users and your bots, your End-User’s pictures, timestamps, channels, groups, teams, usernames, message types, chat id’s, avatars, SMS information, and other similar information regarding communications between your End-Users and your bots (“End-User Data”). We will have access to such information, but we do not share such information with third parties except as necessary to provide you with the core aspects of the Service.

We also may collect and store communications that occur through the Service or outside of the Service between you and Botanalytics.

Further, now or in the future, we may allow you to provide us with access to additional information and data through integrations with third party goods and services.

The various categories of information in this subsection is, or may be, considered personally identifiable information, including personally identifiable information about your End-Users, and is used for the purpose of providing you with the Service’s functionality. While all of the information described here may not be required to use the Service, some aspects of the Service may not be available if you choose not to provide us with such information.

Information Collected Automatically As You Use The Service.

In addition to the information that you provide to us voluntarily, Botanalytics may automatically collect information through the Service about how you use and interact with the Service and other similar activities in order to better understand our users and how they use the Service, and to improve the Service.

Cookies.

After you have created an account, we may use cookies to remember you as a user of the Service and to streamline the functionality of the Service. These may include first party cookies, as well as third party cookies, meaning that the cookies may be used to track your activity on the Service and on third party sites or services.

Other Data We Collect.

When you use and visit the Service, we may also use third-party services, such as Google Analytics and others, which use cookies to collect information about you. We also may use web bugs to collect information about you. We use this information to better understand how users interact with the Service and to improve your user experience while using the Service.

Do Not Track Signals.

To the extent that we receive any Do-Not-Track signals, we reserve the right to not comply with them.

3. HOW WE SHARE YOUR INFORMATION

First of all, we do not sell or share your personally identifiable information with advertisers. We also do not share your personally identifiable information with other third parties except to the extent that it is in furtherance of the Service, or when you choose to do so (as described below).

Information Voluntarily Shared By You.

You may, now or in the future, be able to choose to voluntarily share information collected through the Service with third parties through email, or other means of communication.

Our Personnel And Vendors.

To be able to effectively provide you with the Service, and to improve the functionality of the Service, we may disclose your information to our employees, contractors, agents, vendors, and other similar persons or entities, to the extent that such persons or entities have a need-to-know such information in furtherance of the Service.

Sale of Company or Assets.

In the event that we sell all or substantially all of our company or its assets, including the user information and information about your End-Users collected through our Service, we may transfer your information, upon reasonable notice to you, to the acquiring company.

Other Third Parties.

We do not share personally identifiable information about you or your End-Users (including End-User Data) with third parties, except as necessary to provide the functionality of the Service. Such third parties may include, but are not limited to, those that help us to analyze End-User Data in order to provide you with analytics and metrics to improve the performance of your bots.

In addition, we may share your information if we have a good-faith belief that such action is necessary to (1) comply with the law (see the section below on “Government Requests”), (2) protect and defend the rights or property of Botanalytics, or (3) prevent an emergency involving danger of death or serious physical injury to any person.

4. STORING YOUR INFORMATION

Storage and Retention Of Your Information.

We use third parties to host and store your personally identifiable information and End-User Data. As such, we do not control their practices related to storage and retention of your information. If you would like to review your information that we have access to, you may contact us via email at hello@botanalytics.co.

Security.

We use reasonable efforts to secure your information and to attempt to prevent the loss, misuse, and alteration of the information that we obtain from you. For example, we require our personnel to sign confidentiality agreements that extend to your personal information; and we restrict access to your personal information to individuals within and outside of Botanalytics who need access to such information to provide the Service. In addition, we rely on the technical safeguards provided by the third party vendors we use to host, store, and process your information. However, you acknowledge and agree that loss, misuse, and alteration may occur despite our efforts to protect your information. We are not responsible to our users or to any third party, including your End-Users, due to any such loss, misuse, or alteration.

5. YOUR CHOICES

If you wish to access, change or delete personal information we hold about you, you may contact us at hello@botanalytics.co. Please note that we will use reasonable efforts to reflect any changes you request in our active user databases.

We will only retain your personal information for as long as needed to provide you with our Services, except when we believe we are required to retain your personal information by law. However, we may not know if you have stopped using the Service so we encourage you to contact us if you are no longer using the Service. We may also retain and use your information in order to comply with our legal obligations, resolve disputes, prevent abuse, and enforce our agreements. We may retain other information that is not personally identifiable for backups, archiving, prevention of fraud and abuse, analytics, or where we otherwise reasonably believe that we have a legitimate reason to do so. In addition, if we change or delete your personal information or if you decline to actively share certain personal information with us, we may not be able to provide to you the Service or some of the features and functionality of the Service.

In addition, you may contact us at hello@botanalytics.co to request that we do not disclose your personal information to third parties (other than those that are acting as our agent to perform tasks on our behalf, such as data processors) or to request that your personal information not be used for a purpose that is materially different from the purposes for which it was originally collected or for purposes subsequently authorized by you.

As explained in this Policy, we do not share your personally identifiable information with third parties without your consent, except as necessary to provide and support our Services (as described above in Section 3) or to comply with the law (see the section below on “Government Requests”).

6. INTERNATIONAL VISITORS AND DATA TRANSFERS

The Service is hosted in the United States and is intended for visitors located within the United States as well as users located outside of the United States. If you choose to use the Service from the European Union or other regions of the world with laws governing data collection and use that may differ from U.S. law, then please note that you are transferring your personal information outside of those regions to the United States for storage and processing. Also, we may transfer your data from the U.S. to other countries or regions in connection with storage and processing of data, fulfilling your requests, and operating the Service. By providing any information, including personal information about you or your End-Users, on or to the Service, you consent to such transfer, storage, and processing.

Botanalytics participates in, and complies with, the EU-US Privacy Shield Principles regarding the collection, use, sharing, and retention of personal information from the European Union. If there is any conflict between the terms in this Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. Our participation in Privacy Shield applies to all personal data that is subject to this Policy and is received from the European Union. We will comply with the Privacy Shield Principles in respect of such personal data.

To learn more about Privacy Shield, please visit: https://www.privacyshield.gov/. To view a list of companies that have certified that they adhere to the Privacy Shield principles, please visit: https://www.privacyshield.gov/list. If you have a Privacy Shield-related question or complaint, please contact us at hello@botanalytics.co.

As part of our participation in Privacy Shield, if you have a dispute with us about our adherence to the Privacy Shield Principles, we will seek to resolve it through JAMS, an independent alternative dispute resolution body based in the United States. You can learn more about JAMS at the following URL: https://www.jamsadr.com/.

In certain circumstances, you may have the right to invoke binding arbitration under Privacy Shield, as described in Annex I to the Privacy Shield Principles, which can be found at the following URL: https://www.privacyshield.gov/article?id=ANNEX-I-introduction.

Privacy Shield participants, such as Botanalytics, are subject to the investigatory and enforcement powers of the US Federal Trade Commission and other authorized statutory bodies. Under certain circumstances, we may be liable for the transfer of personal data that we receive and subsequently transfers to a third party, as described in the Privacy Shield Principles.

As described in this Policy, we do not share information with third parties without your consent, except as necessary to provide and support our Services (as described above in Section 3) or as may be required in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

7. GOVERNMENT REQUESTS

From time to time, we may receive requests from government agencies to obtain information about our users. In handling such government requests, we greatly value the privacy of your information. While we may be required to turn over user information at times, we will strive to require a search warrant or subpoena, to the extent that we can reasonably demand such warrant or subpoena, before we turn over information about you and we will also strive to notify users when we receive government requests about their data.

8. THIRD PARTY SERVICES AND PRACTICES ARE BEYOND OUR CONTROL

Our Service may utilize numerous third party services as part of the functionality of the Service, such as hosting services, analytics providers, communications services, and other vendors; and we only share your information with third parties to the extent explained in this Policy. We have no control over such third parties. Thus, we make no guarantees about, and assume no responsibility for the information, services, or data/privacy practices of third parties, which may differ significantly from our practices described in this Policy. We encourage you to review the privacy practices of such third parties.

9. CHANGES TO THIS POLICY

Botanalytics reserves the right to change this Policy from time to time, with reasonable notice to you. Any changes to this Privacy Policy will become effective on the “Effective Date” indicated above. If you continue to use the Service after the Effective Date, you consent to the new Policy. Botanalytics will always have the latest Policy posted on the Service.

10. PLEASE REACH OUT TO US WITH ANY QUESTIONS OR FEEDBACK

If you have any questions about this Policy or our Service, please feel free to contact us by email at hello@botanalytics.co, or contact us at:

625 Market Street, 2nd Floor San Francisco, CA 94105

This Privacy Policy was last updated on September 1, 2017.