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Privacy Policy

  

This Privacy Policy describes the personal information and certain other information that we obtain through the Aibly website (the “Site”) or through our data analysis product available on this Site (the “Service”), as well as how we use such information, the means by which we maintain it, and the choices you have about the information. Please read this Privacy Policy carefully.

Note that by accessing this Site or the Service, you accept the practices and terms set forth in this Privacy Policy. If you do not agree to the terms of this Privacy Policy, please do not use the Site or the Service.

1. Collection of Personal Information

When you use our Services, we may collect or receive personal information about you to provide our services and operate our business. The types of personal information that we may collect about you are:

  1. Information You Provide to Us Directly
    1. User Profile – When you sign up for your Aibly account, we collect basic information about you. This includes information such as name, email address, and password. You may also set up your profile on the Service and submit certain information to be displayed on your profile. This may include a photo of you, a short bio, links to your presence on other social media       sites, and other information that you think other users might want to know about you. The information that you submit for display in your profile, including any personal information, will be viewable by other users of the Service.
    2. Uploaded Content – As a registered user you may upload data to the Service or post various queries, comments, analyses and other content on the data or work made available on the Service by other users. This content that you provide to the Service (“Your Content”) will be viewable by other users of the       Service in accordance with the privacy settings that you specify when uploading, posting or otherwise creating Your Content on the Service in either Aibly’s public or private function, as described in our Terms of Service.
    3. Payment Information – We may collect all the information necessary to complete the transaction, including your name, credit card information, billing information and shipping information.
    4. Surveys or Promotions – From time-to-time, we invite our customers and users to participate in surveys, promotions or contests. When a customer or a user participates, we request certain personal information such as name and email       address.
    5. Correspondence - If you correspond with us via email, we may gather in a file specific to you the information that you submit. This includes information provided for support purposes.
  2. Information Collected Automatically
        We also may receive and store certain information about you and your device(s) automatically when you access or use our Site and Service. This information may include:
    1. Technical Information – We collect technical information associated with your activity on our Site and may include information related to your browser and operating system, IP address (the Internet address of your computer) unique device identifiers, and other information such as your device       type.
    2. Site Usage Information – We collect information to better understand customer traffic patterns and Site usage. This may include the webpage that you were visiting before accessing our Site or mobile application, the pages or features of our Site or mobile application you browsed to inform us       which part of our Site, app and Service you visit and how much time you spend there.
    3. Site Preferences and Cookies – We collect information about your preferences to make your use of the Site more productive through the use of cookies. Cookies are       intended to make using the Service and this Site easier by, among other things, saving your preferences for you. For details of how we use cookies for this purpose, please review our Cookie Policy.
  3. Information Collected From Third-Party Services
        We implement certain third-party offerings in the Service, enabling such third parties to collect information about you or your online activities across different websites and over time through your use of the Service. This includes enrichment information in support of direct marketing campaigns. Information collected may include, but is not limited to,      personal information such as demographic data, social media profiles, and contact information.

2. Use of Your Personal Information

We may use the information we collect or receive about you for various purposes.

  1. To Provide You With Our Services
        We use your information to provide you the Service. For example, we use credit card information to complete a transaction and this information may be shared with third party vendors who process and fulfill your purchases. When you submit credit card numbers, the information is processed by our      third party vendors.
  2. To Maintain, Improve, and Personalize the Services
        We use technical information about your visits for diagnostic and statistical purposes and to administer our Service. Your usage information is used to analyze and improve our Site and to provide our customers with a better user experience. We may use your site preferences in aggregate form to help diagnose problems with the Site and Service, and to improve and personalize the Service. For example, we may use cookies to deliver content tailored to your interests.
  3. To Communicate with You
        We may also use the information you provide to communicate with you, provide recommendations, and to promote the Service, unless you inform us that you opt out from receiving such communications.
  4. For Our Business Purposes
        We may use your information for any other purpose disclosed to you at the time we collect or receive the information, or otherwise with your consent.

3. Sharing of Your Personal Information

We may disclose personal or other information collected about you through the Service or this Site in any of the following situations:

  1. Authorized Users of the Service: In furtherance of providing the Service, Aibly may disclose certain information collected about you through the Service to other users of the Service authorized to receive such information.
  2. Third Parties: We may disclose information that we collect about you to our affiliates, and to third-party contractors who perform services for Aibly in connection with the Site and/or the Service or to complete or confirm a transaction that you conduct with us. We contractually require these affiliates and third parties to keep personal information confidential and use it only for the purposes for which we disclose it to them. As noted,      information about you collected by third-party services integrated with the Site or the Service will be disclosed to such third parties.
  3. In Aggregate: We may disclose the results of aggregated data about you and other users without restriction. In these situations, we do not disclose to these entities any information that could be used to personally identify you.
  4. Corporate Transaction: We may disclose information about you as part of a merger, acquisition or other sale or transfer of all or substantially all of Aibly's assets or business.
  5. When Required by Law: We may disclose information about you to the government or to third parties under certain circumstances when legally obligated to do so. We reserve the right to release information collected through the Service or this Site to law enforcement, public authorities or other      government officials as deemed necessary in our sole discretion.
  6. Enforce our Terms: We may disclose any information that we believe is necessary to enforce or apply our Terms of Service and other agreements; or to protect the rights, property, or safety of Aibly, our employees, our users, or others.
  7. With Your Consent: We may disclose information for any other purpose with your consent.

4. Security of Your Information

To help protect the privacy of data we collect through the Service, we employ measures intended to be consistent with industry best practices for security and encryption in data transmission and storage. However, you should keep in mind that the Site and the Service are run on software, hardware and networks, any component of which may, from time to time, require maintenance or experience problems or breaches of security beyond our control. We process payments securely using an industry-accepted Payment Gateway, and do not store any billing information on our own servers. Please also be aware that despite our best efforts to ensure the security of your data, we cannot guarantee that your information will be 100% secure.


Please recognize that protecting your personal information is also your responsibility. We urge you to take every precaution to protect your information when you are on the Internet, such as using a strong password which is a combination of letters and numbers. If you have reason to believe that the security of your account might have been compromised (for example, your password has been leaked), or if you suspect someone else is using your account, please let us know immediately.

5. Data Retention

Aibly will retain your personal information only for as long as reasonably necessary for the purposes described in this Privacy Policy. Please be aware that we may also be required to retain your personal information for legal and accounting reasons. In addition, for our records, we may retain original and updated information for reasons such as technical constraints, dispute resolution, fraud prevention, troubleshooting and agreement enforcement, or in other cases where we reasonably believe that we have a legitimate reason to do so.

6. Your Rights

We believe that privacy is a right for every user, and we therefore provide you with a set of rights that you can exercise.

  1. Right to Know – You have the right to know the personal      information we collect, use, disclose, and sell about you. This includes the right to know the categories of personal information that we have collected; the categories of sources; the business or commercial purposes for which we process your data; and the categories of recipients with whom we have shared your personal information.
  2. Right to Access - You have the right to receive your personal information in a structured, commonly used and machine-readable format and the right to transmit your personal information to another service provider without hindrance from Aibly.
  3. Right to Delete – You have the right to request that we delete any personal information we have collected from you or maintain about you. We may save personal information when permitted by applicable law including, without limitation,      when the information is needed for a legal purpose or as required under our Terms of Service.
  4. Right to Update – If you are a registered user you may modify certain of your personal information. This includes the addition or removal of certain personal information (except your name, email address, username and password, which we require of all users to maintain their accounts), as well as your preferences for the types of communications you receive from us.
  5. Right to Opt-Out of the Sale – You have the right to opt-out of having your personal information sold. Aibly does not sell or rent any of your personal information to third parties including that of minors under the age of thirteen (13).
  6. Right to Non-Discrimination – Aibly will not discriminate against those who exercise their rights. Specifically, if you exercise your rights, we will not deny you Service, charge you different prices for it or provide you a different level or quality of Service.
  7. Right to Object - At any time, you may object to the      processing of your personal information, on legitimate grounds, except if      otherwise permitted by applicable law.

In order to exercise these rights, you can send us your request at the email or postal address provided below in “Contact Us” section. We reserve the right to confirm your identity in order to process your requests. Please note that these rights are not absolute, and in certain cases we may decline your request as permitted by law.

7. Third Party Sites

This Privacy Policy only addresses the use and disclosure of information collected from you by Aibly through this Site or the Service. You should be aware that when you are using the Site or the Service, you may be directed to other websites that are beyond our control or be interfacing with third-party integrated services. We would expect most, if not all, of these third parties will collect information about you when you use their offerings. However, Aibly is not responsible for the privacy practices of third parties, regardless whether they are linked or otherwise connected to this Site or the Service. We encourage you to read the posted privacy policy whenever interacting with any third-party website or other offering.

8. Children

The Service and this Site are not directed to children under 13. If you learn that your minor child has provided us with personal information without your consent, please contact us.

9. California Residents

Pursuant to the California Consumer Privacy Act of 2018 (“CCPA”), below is a summary of the personal information we collect from “consumers” as defined under the CCPA, the reason we collect this personal information, where we obtain this personal information, and the third parties with whom we may share consumer personal information. The section references relate to the sections above in this Privacy Policy.

 

Personal Information

Identifiers such as a name, address,  unique personal identifier, email, phone number


Sources of Personal Information


  • Commercial information such as records   of products or services purchased, obtained, or considered as well as records   of surveys, promotions and correspondence
  • Internet or other electronic network activity information, including browsing history and search history
  • Financial information such as your payment card information
  • Inferences such as how you interact with our Service



10. Non-US Residents

International Transfers
We are a global business based in the United States, and we may transfer data globally to be processed by us or our service providers in order to provide the Service to you or for such other purposes as set forth in this policy. If you are not a resident of the U.S., you hereby consent and agree that we may collect, process, use, and store your information, as discussed in this policy, outside your resident jurisdiction, including in the U.S. Please be aware that U.S. law and the laws of other countries where we may store and process your information may offer different levels of protection for information than may be available in your country.


EU-US Privacy Shield
Aibly is a participant in the U.S. Department of Commerce's EU-U.S. Privacy Shield and has certified that we adhere to the EU-U.S. Privacy Shield Principles. Aibly is subject to the investigatory and enforcement powers of the Federal Trade Commission. Aibly is accountable for personal data that it receives and subsequently transfers to third parties. For more information about the EU-U.S. Privacy Shield Framework, visit the U.S. Department of Commerce's Privacy Shield website.


GDPR and DPA
Aibly is committed to compliance with the European Union’s General Data Protection Regulation (“GDPR”) as applicable. Currently, we do not enter into contracts with citizens of the European Union. Aibly is strictly for use by organizations located in the United States.

11. Governing Law

By choosing to use the Site or the Service or otherwise provide information to Aibly, you agree that any dispute over privacy or the terms contained in this Privacy Policy will be governed by the law of the State of California. You also agree to abide by any limitation on damages contained in our Terms of Service or another agreement that we have with you. This does not prevent consumers in the European Union from bringing a claim to enforce their consumer rights in relation to this Policy in their local courts.

12. Changes

Aibly reserves the right to update or modify this Privacy Policy from time to time, with any such changes to be effective prospectively. Please visit this page periodically so that you will be apprised of any such changes. Your continued use of the Service or the Site after any modification to this Privacy Policy will constitute your acceptance of such modification.

13. Contact Us

We have appointed a data protection officer (“DPO”) who is responsible for overseeing our privacy practices. If you have any questions or concerns about this Privacy Policy or our privacy practices, or wish to exercise your rights, please contact our DPO by:


● Mail: Aibly LLC, 2244 Faraday Ln, Carlsbad, CA 92008 

● Or by e-mail at privacy@Aibly.com


and we will work with you towards a resolution.


Finally, EU residents may seek redress for their complaint using a binding arbitration mechanism, provided they have taken the following steps: (1) raised their complaint directly with us and provided us the opportunity to resolve the issue; (2) made use of the independent dispute resolution mechanism identified above; and (3) raised the issue through the relevant data protection authority and allowed the U.S. Department of Commerce an opportunity to resolve the complaint. For more information on binding arbitration, see U.S. Department of Commerce's Privacy Shield Framework: Annex I (Binding Arbitration) at https://www.privacyshield.gov/article?id=ANNEX-I-introduction.

 Privacy Policy

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