This policy describes how AI Software, LLC, doing business as Capacity (“Capacity”), and its subsidiaries and affiliates, including Textel CX Inc. (“Textel”), collects, uses, and shares personal information (any information that can be linked to an identified or identifiable person) and describes how you can exercise your privacy rights.
Access to the Services is provided through a Subscriber account or other means of subscription which we refer to as an “Account”.
- Are You a Customer, User or Visitor?
- Information We Collect
- Sources of Personal Information
- Use Of Your Information
- How We Disclose Personal Information
- How We Protect Personal Information
- How We Retain Personal Information
- Children’s Privacy
- Your Choices and Rights
- Do Not Track Signals
- Linked Third-Party Sites
- How to Contact Us
ARE YOU A CUSTOMER, USER OR VISITOR?
For our Services:
- you are our “Customer” or “Subscriber” if you are the legal or natural person that orders our Services.
- you are a “User” if you are an employee, consultant, contractor, agent or other representative or customer authorized by our Customer to access and use our Services under our agreement with the Customer.
- you are a “Visitor” if you use our Sites to learn about our products and services, download a white paper, sign up for an online demo, attend one of our webinars or otherwise access content from our Sites.
INFORMATION WE COLLECT
We automatically collect certain information about use of the Sites and Services from the computers or mobile devices of Users and Visitors. Some of this automatically collected information is personal information under certain laws.
The information that we automatically collect includes:
- Information about how your computer or device interacts with our Sites and Services, including the date, time, search requests and results, webpages accessed, and links clicked.
- Information from and about the text messages sent through the Services.
- IP address, broad geographic location (e.g., country or city-level location which we derive from other data), device type and identification number, browser type, internet service provider, user language, screen resolution, connection type, operating system and other technical information.
When you download, access or otherwise use our mobile applications (“Apps”), the information that we collect depends on your operating system and permissions. Our Apps need to use certain features and data from your mobile device in order to function. For example, we automatically collect usage statistics and crash logs to help us identify and fix problems.
To learn more about the specific information collected by our Apps, please check your device settings or review the information available on the particular platform such as GooglePlay or the AppStore, from which you downloaded an App. Our Apps also allow you to check or change your status for certain data collection in the preferences or settings. If you change your settings, certain features may be unavailable or not function properly. To stop collection of all information through an App, please uninstall the App.
If you do not want us to collect and use location information, you may be able to disable the location features on your device. Check your device manufacturer settings for information on how to do so.
The categories and specific types of personal information that we may collect about you include:
- Direct identifiers and contact information, including your name, address, phone number, email address, business contact information and job title, or other similar identifiers.
- Identifiers of our customers, third-party partners and collaborators, and their employees, with whom we may interact.
- Account registration information, such as your email address, user name and password and user profile data provided when you create or update your account.
- Government identifiers, such as Social Security number, driver’s license and other government identification documents (which may contain document numbers, birth date, gender and photo).
- Payment or banking information, including credit card number, name on credit card, expiration date, security code, and billing address. PLEASE NOTE: we do not store your complete credit card information. Your credit card payments are processed by a third-party credit card processing service.
- Sensitive (special) personal information (where permitted and in accordance with applicable law). Of the information listed above, Social Security Numbers and passwords also qualify as Sensitive (special) personal information.
SOURCES OF PERSONAL INFORMATION
We collect your personal information in the following ways, pursuant to applicable law:
Directly From You, when you use or purchase our Sites or Services, register for an account or create a profile, contact us, respond to a survey, sign up to receive emails, text messages, and/or postal mailings.
From Third-Party Sources, which include:
- A Customer or reseller that may provide us with your business contact information in connection with use of our Services.
- From trade show operators, such as when we receive a list of attendees.
- Marketing services vendors that help us identify individuals who may be interested in learning more about our Services and to supplement personal information we already have about you, such as when we acquire a contact list from data aggregators.
- From publicly-available sources so that we can better understand our customer base.
USE OF YOUR INFORMATION
We use your personal information and sensitive personal information above for the following business purposes (“Processing Purposes”) associated with our general business operations:
- We may use your personal information for account administration, including:
- To complete your subscription for the Service.
- To provide you access to the Services under our contract with your employer or service-provider who is our Customer.
- To confirm a Customer’s identity and associate a User with a Customer’s Account.
- To set up and maintain a User Account.
- To confirm an Authorized User’s identity.
- To save your preferences and transaction history.
- To complete your purchase of our Services.
- To activate Services and to cross-sell additional features of the Services.
- To administer billing.
- We may use your personal information to respond and address feedback you provide us or if you contact us for support, including:
- To respond to your correspondence and requests.
- To obtain your feedback regarding our Sites or Services.
- To send you the answer at a later date if the bot cannot find an answer to a question you submitted in the Capacity input box.
- For customer support for our Services and to troubleshoot problems.
- To capture data related to when you open our email message, click on any links or banners it contains and click to request information from us.
- We may use your personal information to send you marketing communications that promote our products, programs or services and/or those of our Customers (with your consent, where required), and to determine the types of marketing communications to send, including:
- To send you information and updates about our Sites or Services that we think will interest you.
- To share information about our Services if you sign up for our mailing lists (with your consent, where required) and to determine the types of marketing communications to send.
- To deliver marketing and promotional materials, including information about our Services.
- We may use your personal information to better understand how our Sites and Services are used so that we can improve them and develop new features, including:
- To customize a User’s experience of our Services.
- To learn how Users and Visitors interact with our Sites and Services so that we can improve our Services and develop new features.
- For our analytics purposes, such as to track usage of our Sites, to measure the number of unique Visitors to the different sections of our Sites, to understand how people find our Sites and to help us make our Sites and marketing more useful.
- We may use your personal information to monitor compliance with our policies, procedures and applicable terms of service, for fraud prevention, to detect and address illegal activities and/or to protect us and our employees, users and property, including:
- To detect and block fraudulent use of the Sites and Services.
- We may use personal information for marketing and promotional purposes to show you advertisements for products and/or services tailored to your interests on social media and other websites, including:
- To promote our Services, such as through targeted advertising.
- We may use personal information for other everyday business purposes, including:
- To learn more about your products or services if you are a prospective or current vendor.
- To process your application if you apply for a job with us.
- To respond to possible leads who may be interested in our Services.
- For training, including training our employees, customers and customers’ Users on using our Services.
- To respond to inquiries related to support, employment or partnership opportunities, or other requests.
- For administrative purposes, as well as to manage our relationships.
- For quality, safety, privacy and security purposes.
- We may use your personal information to comply with laws, regulations and legal processes.
Although the sections above describe our primary purposes in collecting your information, in many situations we have more than one purpose. For example, we may collect your information to perform our contract with you, but we also collect your information after your Site or platform visit is complete so that we can quickly and easily respond to any questions or continue to work with you in the future. In sum, our collection and processing of your information is based in different contexts such as upon your consent, our need to perform a contract, our obligations under law, and/or our legitimate interest in conducting our business.
Legal Basis of Processing
- With Your Consent: In certain instances, we ask for your consent to process your personal information for specific purposes. Provision of your consent is voluntary, and you have the right to withdraw your consent at any time.
- To Perform a Contract With You: We will process your personal information when processing of your personal information is necessary for the execution or performance of a contract with you.
- When We Have Legal Obligations: We will process your personal information when we have a legal obligation to do so, for example, if we are responding to a legal process or an enforceable government request, including law enforcement.
In some cases, your provision of personal information may be required by a statutory or contractual obligation.
HOW WE DISCLOSE PERSONAL INFORMATION
We may disclose your personal information to the following categories of recipients:
- Network operators (e.g., telecommunication providers) for security, spam and fraud protection or to provide telecommunications network access.
- Service providers, contractors, vendors and other third parties that we use to support our business, Services and Sites, such as payment card processors, auditors and customer engagement platform and customer relationship providers, data security providers and cloud service providers and the sub-processors disclosed on our Sites.
- Resellers with which we may share order information, business contact information and other information that a reseller may require to help you access the Services.
- Marketing vendors that help us target individuals who may be interested in learning more about the Services and who help us supplement personal information we already have about you.
- Competent law enforcement, government regulators, courts or other third parties when we believe disclosure is necessary (i) as a matter of law, (ii) to exercise, establish or defend our legal rights or (iii) to protect your vital interests or those of any other person.
- Potential acquirers and their professional advisers in connection with any proposed purchase, joint venture, merger or acquisition of all or any part of our business.
- Any other company, organization or individual with your consent to the disclosure.
The Services may allow you to create a Customer profile to share with Users of the Services and to include identifying information in your messages. If you choose to create a Customer profile or disclose information through one of the interactive areas on the Sites (such as when we invite you and others to contribute feedback on new features we are testing), others may see your information and use it in ways that we cannot control. Please keep this in mind before you share information that directly identifies you.
What are cookies?
Cookies are small text files that are sent to or accessed from your web browser or your computer’s hard drive. A cookie typically contains the name of the domain (internet location) from which the cookie originated, the “lifetime” of the cookie (i.e., when it expires) and a randomly generated unique number or similar identifier. A cookie also may contain information about your computer, such as settings, browsing history and activities conducted while using the Sites and certain Services. Like cookies, pixels (also known as web beacons) are transparent images that are used in collecting information about website usage across websites and over time.
Cookies that we set on the Sites are called first-party cookies. Cookies set by any other party are called third-party cookies. Third-party cookies enable third-party features or functionality on or through the Sites, such as analytics, marketing automation and customer support. The parties that set third-party cookies can recognize your computer both when it visits the Sites and also when it visits certain other websites.
Most browsers accept cookies automatically but allow you to disable them. You also can opt-out of certain cookies using the following link: https://optout.networkadvertising.org/?c=1. You can reset your browser to refuse all cookies or to indicate when a cookie is being sent. Some features of our Sites and Services may not work properly without cookies. To learn more about cookies generally, visit www.allaboutcookies.org and https://optout.aboutads.info/?c=2&lang=EN.
What are other tracking technologies?
Web Chat and Live Chat. Under contract with our customers, as a processor of data, we log user conversations with our chatbots, helpdesks and live chat agents. We use our own chatbot tool on our Services and Sites to provide customer service support. No outside party is a participant in these interactions.
Pixel tags. Pixels, pixel tags, screen recorders, and tracking pixels, web beacons and clear GIFs may be used to, among other things, track the actions of our users (including email recipients), measure the success of our marketing campaigns, and compile statistics about usage of our Services and Sites and response rates.
The information collected by these tracking technologies may include (a) your internet protocol (IP) address, unique device identifiers, location, browser type, and Internet service provider information; (b) information about when and how you access and use our websites or Services, such as the domains you visit, what features you used and for how long, the website that referred you to us, and date/time stamps associated with your usage; (c) information about the device you use to access the Sites or Services, such as device type, device ID, and device/browser settings; and (d) location of the device used to access the Sites or Services derived from GPS or WiFi use.
We differentiate between cookies that are essential for the technical features of the Sites or Services and optional analytics and advertising cookies.
|Essential Cookies||These are cookies that the Sites and Services need in order to function, and that enable you to move around and use the Services and features. Without these essential cookies, the Sites and Services will not perform as smoothly for you as we would like it to, and we may not be able to provide the Sites and Services or certain features you request. Examples of where these cookies are used include: to determine when you are signed in; to determine when your account has been inactive; and for other troubleshooting and security purposes.|
|Analytics Cookies||Analytics cookies allow us to understand more about how many visitors we have to our Sites, how many times they visit us and how many times a user viewed specific pages within our Sites. Although analytics cookies allow us to gather specific information about the pages that you visit and whether you have visited our Sites multiple times, we cannot use them to find out details such as your name or address. We use Google Analytics. For more information about Google Analytics, please refer to “How Google Uses Information From Sites or Apps that Use Our Services”, which can be found at www.google.com/policies/privacy/partners/, or any other URL Google may provide from time to time.|
Depending on your location and applicable laws, we may give you the option of adjusting your preferences with regard to the categories of cookies we use. When this option is available, you can configure your personal settings on our Cookies Banner under “Settings” or via other options that may be available on the relevant Service. If you use a different device to access the same Services, you may need to manage your settings for each separate device you use.
HOW WE PROTECT PERSONAL INFORMATION
No method of transmission over the Internet or method of electronic storage is fully secure. While we use reasonable organizational, technical and administrative means to protect your personal information from unauthorized access, use, or disclosure, we cannot guarantee the security of your personal information. In the event that we are required by law to inform you of a breach of your personal information, we may notify you electronically, in writing, by telephone or through another legally permitted method.
The safety and security of your personal information also depends on you. You are responsible for keeping your passwords and login credentials confidential. You are responsible for maintaining the security of your Account and devices, and you are responsible for any access to or use of your Account by someone else that has obtained access, whether or not such access or use has been authorized by you. We may suspend your use of all or part of the Services without notice if we suspect or detect any breach of security. If you believe that information you provided to us is no longer secure, please notify us immediately at email@example.com.
If we become aware of a breach that affects the security of your personal information, we will provide you or the Customer with notice as required by applicable law. When permitted by applicable law, we will provide this notice to you through the email address associated with your Account.
UNAUTHORIZED ACCESS TO SITES OR SERVICES, INCLUDING SCRAPING, IS PROHIBITED AND MAY LEAD TO CRIMINAL PROSECUTION.
HOW WE RETAIN PERSONAL INFORMATION
We retain personal information for as long we have a legitimate business need to do so, generally as set forth in our contract with you or to comply with applicable legal, tax or accounting requirements.
When we no longer have a legitimate business need to process your personal information, we follow our data retention policy and either delete or anonymize your personal information, unless a different retention period is required by applicable law. Once we anonymize your personal information, it is no longer personal information. We use anonymized data subject to applicable law and our Customer agreements.
For more information, please contact us using the details provided in “How to Contact Us” below.
The Sites and Services are not intended for use by children under age 13. We do not knowingly collect or disclose personal information from children under age 13 and, consistent with the requirements of applicable law, will take reasonable steps to delete personal information of minors if we become aware that we have received such information.
YOUR CHOICES AND RIGHTS
If we are processing your personal information as a processor or service provider on behalf of our Customer that you have a relationship with, you will have to submit your request to them.
For instances in which we have collected your personal information as a controller, such as when you are a Visitor to our Sites, you may have certain rights with respect to your personal information depending upon where you live. Your rights will vary depending on where you are located. Specifically, you may have the following rights:
- Access to Your Personal Information. You have the right to request access to your personal information, along with other information such as the purposes of the processing, the recipients or categories of recipients to whom the personal information has been or will be disclosed, the sources of the personal information, and the retention and transfers of personal information. If required by law, upon request, we will grant you reasonable access to the personal information that we have about you. We may not be able to allow you to review certain personal data for legal, security or other reasons. You may have the right to request information about our disclosure, if any, of certain categories of personal information to third parties for their own direct marketing purposes in the preceding calendar year. We do not share your personal information with third parties for those third parties’ direct marketing purposes.
- Correction of Your Personal Information (Rectification). You have the right to request that we correct or supplement any inaccurate or incomplete personal information we process about you. Depending on the purposes of the processing, you may have the right to have incomplete personal information completed, including by means of providing a supplementary statement. You may also use our website or platform to update and correct your personal information. Note that we may keep historical information in our backup files as permitted by law.
- Deletion of Your Personal Information (Right to be Forgotten). You have the right to request that we delete certain personal information that we have collected from you. If required by law, we will delete your personal information after receiving such a request. However, we may keep all or part of your personal information as needed to comply with our legal obligations, resolve disputes, and/or enforce any of our agreements. Please note that we often need to retain certain personal data for recordkeeping purposes and/or to complete any transaction that you began prior to requesting a change or deletion (e.g., when you make a purchase or enter a promotion, you may not be able to change or delete the personal data provided until after the completion of such purchase or promotion). Our databases and other records may have residual personal data which will not be removed.
- Revocation of Consent (Consent Withdrawal). You have the right to revoke consent to processing (where such processing is based upon consent). If you revoke your consent for the processing of personal information, then we may no longer be able to provide you services. In some cases, we may limit or deny your request to revoke consent if the law permits or requires us to do so, or if we are unable to adequately verify your identity. Withdrawing your consent will not affect the lawfulness of the processing we conducted prior to your withdrawal.
- Objection to Certain Processing. In certain circumstances, you have the right to object to our processing of your personal information.
- Data Portability. In certain circumstances, you have the right to request your personal information be provided to you in a portable, structured, commonly used and machine readable format, and you have the right to transmit such personal information to another entity.
- Right to Opt-Out of “Sale” or “Sharing” of Personal Information to Third Parties: Subject to certain exceptions, California residents have the right to opt-out of the “sale”/”sharing” of their personal information. Making personal information (such as online/device identifiers, browsing activity, or geolocation) available to social media platforms and ad networks to deliver interest-based ads to you may be a “sharing” under California law (in this context “sharing” means cross contextual behavioral advertising). To opt-out of the “sharing” of your personal information as just described, please use the “Do Not Sell or Share My Personal Information” button at the bottom of our Sites, or click here.
- Automated Processing. Under certain circumstances, you have the right to object to a significant decision based solely on automated processing (i.e., without human intervention), including profiling, unless that decision is required or authorized by law.
- Right of Non-Discrimination/Retaliation. We do not discriminate against individuals who exercise any of their rights described in this Privacy Statement, nor do we retaliate against individuals who exercise these rights.
- Right to Opt Out of Our Use of Your Sensitive Personal Information (in certain instances and if permissible under applicable law). We do not currently use or disclose sensitive personal information for purposes other than those which cannot be limited under applicable law.
- Right to Notice of Financial Incentive: If we offer a financial incentive or price or service difference in exchange for your personal information, we will notify you in advance before collecting your personal information for this purpose and explain how you can opt in to the financial incentive or price or service difference.
- Promotional Emails. You may choose to provide us with your email address for the purpose of allowing us to send marketing materials, free newsletters, surveys, offers, and other promotional materials to you. You may consent by establishing an Account or using our Sites and Services. You can stop receiving promotional emails by following the unsubscribe instructions in emails that you receive or by emailing us (our contact information is below) with “NO EMAIL” in the subject line along with your name and email address. If you decide not to receive promotional emails, we may still send you service-related communications.
- Promotional Postal Mailings. If at any time you do not want to receive postal mailed offers from us you can remove yourself from our mailing lists by emailing us (our contact information is below) with “NO SNAIL MAIL” in the subject line along with your name, address, and zip code. Please note that our mailings are prepared in advance of their being sent. Although we will remove your name from our mailing list after receiving your request, you may still receive mailings from us that had been initiated prior to your name being removed.
- Promotional Text Messages. If you receive a text message from us that contains promotional information, you can opt-out of receiving future text messages by replying “STOP.”
Please note that many of the above rights are subject to exceptions and limitations. Your rights and our responses will vary based on the circumstances of the request. If you choose to assert any of these rights under applicable laws, we will respond as soon as reasonably practicable and within the time period prescribed by applicable law. In some cases, we may limit or deny your requests to access or delete your information. This may occur because the law permits or requires us to do so, or if we are unable to adequately verify your identity. If we are not able to provide the requested information or make the change you requested, you will be provided with the reasons for such decisions. Under local law, you may be entitled to lodge a complaint with your local data-protection authority. We may require use of your personal information to provide access to the Sites. Therefore, when you exercise your deletion right, in particular, you may lose access to certain aspects of the Sites that require your personal information.
If you are located in the State of California in the United States, a person authorized to act on your behalf may make a verifiable request related to your personal information. If you designate an authorized person to submit requests to exercise certain privacy rights on your behalf, we will require verification that you provided the authorized agent permission to make a request on your behalf. You must provide us with a copy of the signed permission you have given to the authorized agent to submit the request on your behalf and verify your own identity directly with us.
After you make your request, we will use the information we have about you to verify your identity (and if applicable, your authorized agent’s identity). Our verification process may include a request for additional information to confirm your identity or your authorized agent’s identity (such as your name, email address and date of birth) or to obtain proof that you have given your authorized agent permission to act on your behalf. If our verification process is successful, we will respond to your request within the time and in the manner required by applicable law. If we cannot validate the identity of you and/or your authorized agent or obtain proof that you have given your authorized agent permission to act on your behalf, we will attempt to contact you to inform you.
In any circumstances, your request must: (i) provide sufficient information that allows us to reasonably verify that you are the person about whom we collected personal information or an authorized representative of that person; and (ii) describe the request with sufficient detail that allows us to properly understand, evaluate, and respond to it. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
Your rights and our responses will vary based on your state or country of residency. Please note that you may be located in a jurisdiction where we are not obligated to fulfill a request. In such a case, your request may not be fulfilled. To the extent permitted by applicable law, we may reject requests that are unreasonably repetitive, unduly burdensome, risk the privacy of others, or would be very impractical to honor. Depending on where you are located, you may have the right to lodge a complaint with the relevant supervisory authority.
To submit a request to exercise any such rights (if they apply to you), please use the contact information provided for in the “How to Contact Us” section of this Privacy Statement. We provide two mechanisms that allow you to submit requests to exercise these rights. You can submit such requests by (1) emailing us at firstname.lastname@example.org; or (2) calling our toll-free number at 844-483-9825.
DO NOT TRACK SIGNALS
We generally recognize commercially recognized opt-out preference signals (e.g., Global Privacy Controls, Do Not Track). Recognition of this signal applies only to the specific device and/or browser that communicates the signal and does not apply to other devices/browsers you use to access our Sites.
LINKED THIRD-PARTY SITES
We may provide links to other third-party websites solely as a convenience to you. However, such linking does not mean, and should not be interpreted to mean, that we endorse, are affiliated with, or make any representations concerning such third-party websites. We neither review, control, nor are responsible for these third-party sites or any content therein. By using such links, you will leave the Sites. Please note that any personal information that you provide to such third parties will be governed by their privacy policies, and we have no control over or responsibility for their privacy practices. If you decide to access any of the third-party sites linked to the Sites, you do so entirely at your own risk. We shall not be liable for any consequences arising from use of any third-party websites to which the Services link. We encourage you to review the privacy policies of any third-party website or application for details about what information is collected and how it is used and/or disclosed prior to providing any personal information.
HOW TO CONTACT US
6665 Delmar Blvd., Suite 300
St. Louis, MO 63130 USA
Please feel free to call or text us toll-free at 844-483-9835 with your privacy questions.
To submit a request to exercise your privacy rights:
- Send an email to email@example.com, or
- Call or text us toll-free at 844-483-9835.