Privacy and cookies

SENSFIX, INC.

PRIVACY POLICY

Last Updated: 05/29/2020

1. INTRODUCTION

Sensfix, Inc. (“Sensfix,” “we,” “us,” or “our”) respects the privacy of its Users (“User, “your”, or “you”). This Privacy Policy (the “Privacy Policy”) explains how we collect, use, disclose, and safeguard your information when you use Sensfix Platform (the “Platform”) through Sensfix’s website at https://www.sensfix.com.

Sensfix is committed to protecting the privacy of its Users whose information is collected and stored while using Sensfix’s Platform through our Website.

The capitalized terms have the same meaning as ascribed in our Terms of Service, unless otherwise noted here.

NOTE THAT WE DO NOT SELL YOUR PERSONAL INFORMATION, NOR DO WE INTEND TO DO SO. WE DO NOT GIVE ACCESS TO YOUR PERSONAL INFORMATION TO THIRD PARTIES.

PLEASE READ THIS PRIVACY POLICY CAREFULLY TO UNDERSTAND OUR POLICIES AND PRACTICES REGARDING YOUR INFORMATION AND HOW WE WILL TREAT IT. BY ACCESSING OR USING OUR WEBSITE AND PLATFORM, YOU AGREE TO ACCEPT ALL THE TERMS CONTAINED IN THIS PRIVACY POLICY AND ACKNOWLEDGE AND AGREE WITH THE PRACTICES DESCRIBED HEREIN. IF YOU DO NOT AGREE WITH THE TERMS OF THIS PRIVACY POLICY, PLEASE DO NOT ACCESS AND USE OUR WEBSITE AND PLATFORM.

IF YOU HAVE ANY QUESTIONS REGARDING THIS PRIVACY POLICY, PLEASE SEND US AN EMAIL AT media@sensfix.com.

2. INFORMATION WE COLLECT AND RECEIVE

We collect the following information from you, which is collectively referred to as Personal Information (“Personal Information”), which includes Customer Data as defined below, as this information identifies you as an individual.

Note that Personal Information is commonly referred to as personal information or personally identifiable information (the “PII”) in the US and as Personal Data in Europe. Throughout this Privacy Policy, we will refer to such information as Personal Information, unless a statutory definition otherwise applies.

a. Customer Data

Content and information submitted by you to register or access our website and/or use our Services is referred to in this Privacy Policy as Customer Data (the “Customer Data”, which is included under Personal Information). Customer Data includes any information that describes you as an individual including name, email address, phone number, business address, title, IP address, employer, etc. Customer Data is controlled by the entity, usually an employer but sometimes an individual that is authorized to use the Platform (the “Customer”). Under the European Union’s Regulation (EU) 2016/679, General Data Protection Regulation (“GDPR”), you will be the “Controller,” as defined in the GDPR, of the Personal Information of your European employees and/or European residents or visitors, who access our Platform on your behalf, and we will be the “Processor,” as defined in the GDPR, of such Personal Information.

b. Other Information

Sensfix may also collect and receive the following information:

i. Sensfix Service Lifecycle Management Platform. When a Customer uses Sensfix Platform and our Services, we may collect an email address, name, photo, domain details, user name for the individual setting up the instance, and password.

ii. Services Usage Information. This is information about how you are accessing and using the Services, which may include administrative and support communications with us and information about the instances, channels, people, features, content, and links you interact with, and what third party content, assessments and integrations that you use (if any).

iii. Contact Information. With your permission, any contact information you choose to import is collected (such as an address book from a device) when using the Services.

iv. Log Data. When you use the Services our servers automatically record information, including information that your browser sends whenever you visit a website, or your mobile application sends when you are using it. This log data may include your Internet Protocol address, the address of the web page you visited before using the Services, your browser type and settings, the date and time of your use of the Services, information about your browser configuration and plug-ins, language preferences, and cookie data.

v. Device Information. We may collect information about the device you are using the Services on, including what type of device it is, what operating system you are using, device settings, application IDs, unique device identifiers, and crash data. Whether we collect some or all of this information often depends on what type of device you are using and its settings.

vi. Geo-location Information. Precise GPS location from mobile devices is collected only with your permission. WiFi and IP addresses received from your browser or device may be used to determine approximate location.

3. OUR COOKIE POLICY

a. Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website/Platform. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website and/or Platform.

b. Cookie Policy. Our cookie policy can be found here. Please read it.

c. Flash Cookies. Flash Cookies are local storage objects (or flash cookies) that collect and store information about your preferences and navigation to, from and on our Website/Platform.

d. Web Beacons. Web beacons and similar technologies are small bits of code, which are embedded in web pages, ads, and e-mail, that communicate with third parties. We may use web beacons, for example, to count the number of users who have visited a particular web page, to deliver or communicate with cookies, and to understand usage patterns. We also may include web beacons in emails to understand whether messages have been opened, acted on, or forwarded.

e. Automatic Data Collection. We use automatic data collection to (a) understand and save your preferences for future visits; (b) compile aggregate data about Website traffic and Website interactions in order to offer better Website experiences and tools in the future; and (c) we may also use trusted third-party services that track this information on our behalf.

f. Advertising Networks. We may choose to work with Google AdWords, Doubleclick, AdRoll or other advertising networks. Each of these companies has its own privacy policy, which we encourage you to review. For more information about advertising and tracking online, visit the Network Advertising Initiative.

g. Personal Information. We do not collect Personal Information automatically, but we may tie this information to Personal Information about you that we collect from other sources or you provide to us.

4. HOW WE USE YOUR PERSONAL INFORMATION

We use your Personal Information to provide and improve the Services. Sensfix may access and use Personal Information as reasonably necessary and in accordance with User’s instructions to (a) provide, maintain and improve the Services and Instance; (b) to prevent or address service, security, technical issues or at a User’s request in connection with customer support matters; (c) as required by law; and (d) as set forth in our agreement with the User or as expressly permitted in writing by the User.

We also use your Personal Information in providing the following Services:

a. To understand and improve our Services. We carry out research and analyze trends to better understand how users are using the Services and improve them.

b. To communicate with you by:

i. Responding to your Requests. If you contact us with a problem or question, we will use your information to respond.

ii. Sending Emails and Sensfix Messages. We may send you Services and administrative emails and messages. We may also contact you to inform you about changes in our Services, our Service offerings, and important Service related notices, such as security and fraud notices. These emails and messages are considered part of the Services and you may not opt-out of them. In addition, we sometimes send emails about new product features or other news about Sensfix. You can opt out of these at any time by sending us an email at media@sensfix.com or clicking at the unsubscribe button, where applicable.

iii. Communicating with you and Marketing. We may use your contact information for our own marketing or advertising purposes. You can opt out of these at any time by sending us an email at media@sensfix.com or clicking at the unsubscribe button, where applicable.

iv. Investigating and preventing bad stuff from happening. We work hard to keep the Services secure and to prevent abuse and fraud.

c. Disaggregated Data. This Privacy Policy is not intended to place any limits on what we do with data that is aggregated and/or de-identified so it is no longer associated with an identifiable user or Customer of the Services.

5. YOUR CHOICES

You provide us with instructions on what to do with your Personal Information. You have many choices and control over Personal Information. For example, you may provision or de-provision access to the Services, enable or disable third party integrations, manage permissions, retention and export settings, transfer or assign instances, share channels, or consolidate instances or channels with other instances or channels.

If you have any questions about your Personal Information, our use of such information, or your rights when it comes to any of the foregoing, contact us at media@sensfix.com.

6. OTHER CHOICES

Browser. In addition, the browser you use may provide you with the ability to control cookies or other types of local data storage. Your device may provide you with choices around how and whether location or other data is collected and shared. Sensfix does not control these choices, or default settings, which are offered by makers of your browser or device operating system.

7. SHARING AND DISCLOSURE OF PERSONAL INFORMATION

There are times when Personal Information described in this Privacy Policy may be shared by Sensfix. This section discusses only how Sensfix may share such information. Customers determine their own policies for the sharing and disclosure of their Personal Information. Sensfix does not control how Customers or their third parties choose to share or disclose Personal Information.

a. Sensfix may share Personal Information in accordance with our agreement with the Customer and the Customer’s instructions, including:

i. With third party service providers and agents. We engage with third party companies or individuals to provide information and learning tools on Instance, therefore we share Personal Information with those third-party companies or individuals.

ii. With affiliates. We may engage affiliates in our corporate group to process Personal Information.

iii. With third party integrations. Sensfix may, acting on our Customer’s behalf, share Personal Information with the provider of an integration added by Customer. Sensfix is not responsible for how the provider of an integration may collect, use, and share Personal Information, as this is the responsibility of the Customer.

b. Sensfix may also share or disclose your Personal Information as follows:

i. About you with the Customer: There may be times when you contact Sensfix to help resolve an issue specific to an instance of which you are a member. In order to help resolve the issue and given our relationship with our Customer, we may share your concern with our Customer.

ii. With Affiliates: We may engage affiliates in our corporate group to process your Personal Information.

iii. During Changes to our Business Structure: If we engage in a merger, acquisition, bankruptcy, dissolution, reorganization, sale of some or all of Sensfix’s assets, financing, acquisition of all or a portion of our business, a similar transaction or proceeding, or steps in contemplation of such activities (e.g. due diligence).

iv. To Comply with Laws: To comply with legal or regulatory requirements and to respond to lawful requests, court orders and legal process.

vi. To Enforce our Rights, Prevent Fraud and for Safety: To protect and defend the rights, property, or safety of us or third parties, including enforcing contracts or policies, or in connection with investigating and preventing fraud.

vii. We may Disclose or Use Aggregate or De-identified Information for any Purpose: We may share aggregated or de-identified information with our partners or others for business or research purposes like telling a prospective Sensfix Customer the average number of messages sent or partnering with research firm or academics to explore interesting questions about learning science and knowledge management.

8. SECURITY

a. Protection of Personal Information.

Sensfix takes security seriously. We take various steps to protect information you provide to us from loss, misuse, and unauthorized access or disclosure. These steps take into account the sensitivity of the information we collect, process and store, and the current state of technology.

b. Security Measures.

We have implemented measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration and disclosure. All information you provide to us is stored on secure servers of our hosting service provider partner.

c. Compliance with our Procedures.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of Website/Platform, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

d. Transmission via the Internet.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted to our Website/Platform. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website/Platform.

e. Fair Information Practice Principles.

In the event of a personal data breach, we will notify the User within 48 hours via (i) email, and/or (ii) our Platform notification system on our Website/Platform. We will also notify the FTC, FCC and/or any other relevant state regulatory agency. We agree to the individual redress principle, which requires that individuals have a right to pursue legally enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or a government agency to investigate and/or prosecute non-compliance by data processors.

9. YOUR CALIFORNIA PRIVACY RIGHTS

Sensfix does not sell, trade, or otherwise transfer to outside third parties your “Personal Information” as the term is defined under the California Civil Code Section § 1798.82(h). Additionally, California Civil Code Section § 1798.83 permits Users of our Website/Platform that are California residents to request certain information regarding our disclosure of their Personal Information to third parties for their direct marketing purposes. To make a request for such disclosure, or identification and/or deletion of Personal Information in all our systems that we store on you, please send an email to media@sensfix.com or write us at Sensfix, Inc., 3175 Bowers Avenue #3324, Santa Clara, CA 95054.

Note that (i) if we delete your Personal Information as requested, we will no longer be able to provide our services to you and (ii) we may need to keep such Personal Information for a while during the shutting down and billing process. If you would like to discuss our Personal Information storage and processing process with us, please send us an email at media@sensfix.com or write us at Sensfix, Inc., 3175 Bowers Avenue #3324, Santa Clara, CA 95054.

10. COPPA COMPLIANCE (FOR CHILDREN UNDER 13 USERS ONLY)

The Children’s Online Privacy Protection Act (“COPPA”) is a federal legislation that applies to entities that collect and store “Personal Information,” as the term is defined under COPPA, from children under the age of 13. We are committed to ensure compliance with COPPA. Our Website/Platform are not meant for use by children under the age of 13. Our Website/Platform do not target children under the age of 13, but we do not age-screen or otherwise prevent the collection, use, and personal disclosure of persons identified as under 13. If you would like to know more about our practices and specifically our practices in relation to COPPA compliance, please email us at media@sensfix.com.

IF YOU ARE UNDER 13, PLEASE DO NOT ACCESS OR USE OUR WEBSITE OR PLATFORM.

11. GDPR COMPLIANCE FOR EUROPEAN DATA SUBJECTS

a. General

i. We are headquartered in the United States. Most of the operations are located in the United States and India. Your Personal Information, which you give to us during registration or use of our Platform, may be accessed by or transferred to us in the United States. If you are visiting our Web site or registering for our Services from outside the United States, be aware that your Personal Information may be transferred to, stored, and processed in the United States. Our servers or our third-party hosting services partners are located in the United States.  By using our site, you consent to any transfer of your Personal Information out of Europe, UK, or Switzerland for processing in the US or other countries.

ii. If you are a resident of or a visitor to Europe, you have certain rights with respect to the processing of your Personal Data, (referred here as Personal Information), as defined in the GDPR.

iii. Please note that in some circumstances, we may not be able to fully comply with your requests, or we may ask you to provide us with additional information in connection with your request, which may be Personal Information, for example, if we need to verify your identity or the nature of your request.

iv. In such situations, however, we will still respond to let you know of our decision. As used herein, “Personal Information” means any information that identifies you as an individual, such as name, address, email address, IP address, phone number, business address, business title, business email address, company, etc.

v. To make any of the following requests, please contact us (i) via email at media@sensfix.com, or (ii) by writing to us at Sensfix, Inc. Privacy Officer, 3260 Hillview Avenue, Palo Alto, CA 94304.

(a) Access: You can request more information about the Personal Information we hold about you. You can also request a copy of the Personal Information.

(b) Rectification: If you believe that any Personal Information we are holding about you is incorrect or incomplete, you can request that we correct or supplement such data. Please contact us as soon as possible upon noticing any such inaccuracy or incompleteness.

(c) Objection: You can contact us to let us know that you object to the collection or use of your Personal Information for certain purposes.

(d) Erasure: You can request that we erase some or all of your Personal Information from our systems.

(e) Restriction of Processing: You can ask us to restrict further processing of your Personal Information.

(f) Portability: You have the right to ask for a copy of your Personal Information in a machine-readable format. You can also request that we transmit the data to another entity where technically feasible.

(g) Withdrawal of Consent: If we are processing your Personal Information based on your consent (as indicated at the time of collection of such data), you have the right to withdraw your consent at any time. Please note, however, that if you exercise this right, it may limit your ability to use some/ all of our Services or Platform and you may have to then provide express consent on a case-by-case basis for the use or disclosure of certain of your Personal Information, if such use or disclosure is necessary to enable you to utilize some or all of our Services and Platform.

(h) Right to File Complaint: You have the right to lodge a complaint about our practices with respect to your Personal Information with the supervisory authority of your country or EU Member State. Please go to https://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm to locate your Data Protection Authority.

(i) We will respond to your inquiry within thirty (30) days of the receipt.

b. EU-US and Swiss-US Privacy Shield Framework.

Sensfix complies with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union, the United Kingdom, and Switzerland to the United States in reliance on Privacy Shield.  Sensfix has certified that it adheres to the Privacy Shield Principles with respect to such data. If there is any conflict between the policies in this privacy policy and data subject rights under the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification page, please visit https://www.privacyshield.gov/

With respect to personal data received or transferred pursuant to the Privacy Shield Frameworks, Sensfix is subject to the regulatory and enforcement powers of the U.S. Federal Trade Commission.

Pursuant to the Privacy Shield Frameworks, EU, UK, and Swiss individuals have the right to obtain our confirmation of whether we maintain personal information relating to you in the United States. Upon request, we will provide you with access to the personal information that we hold about you. You may also correct, amend, or delete the personal information we hold about you. An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data transferred to the United States under Privacy Shield, should direct their query to media@sensfix.com. If requested to remove data, we will respond within a reasonable time frame.

We will provide an individual opt-out choice, or opt-in for sensitive data, before we share your data with third parties other than our agents, or before we use it for a purpose other than which it was originally collected or subsequently authorized. To request to limit the use and disclosure of your personal information, please submit a written request to media@sensfix.com.

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.

Sensfix’s accountability for personal data that it receives in the United States under the Privacy Shield and subsequently transfers to a third party is described in the Privacy Shield Principles. In particular, Sensfix remains responsible and liable under the Privacy Shield Principles if third-party agents that it engages to process personal data on its behalf do so in a manner inconsistent with the Principles, unless Sensfix proves that it is not responsible for the event giving rise to the damage.

In compliance with the Privacy Shield Principles, Sensfix commits to resolve complaints about your privacy and our collection or use of your personal information transferred to the United States pursuant to Privacy Shield. European Union, United Kingdom, and Swiss individuals with Privacy Shield inquiries or complaints should first contact Sensfix by email at media@sensfix.com or by mail:

Name: Balaji Renukumar

Title: Chief Executive Officer

Company: Sensfix, Inc.

Address: 3175 Bowers Avenue #3324,

Santa Clara, CA 95054

Email: media@sensfix.com

Sensfix has further committed to refer unresolved privacy complaints under the Privacy Shield Principles to an independent dispute resolution mechanism, the BBB EU PRIVACY SHIELD. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit https://bbbprograms.org/privacy-shield-complaints/ for more information and to file a complaint. This service is provided free of charge to you.

If your Privacy Shield complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not resolved by other redress mechanisms. See Privacy Shield Annex 1 at https://www.privacyshield.gov/article?id=ANNEX-I-introduction.

c. Sharing Personal Information with Third Parties.

i. We do not (i) share such Personal Information with third parties, other than Processors or Sub-Processor (collectively “Agents”), who comply with GDPR and are required by us to provide our Services under our Terms of Service or an agreement with Customers under which we provide our Services, or (ii) utilize any Personal Information for reasons other than that for which it was originally provided.

ii. If this practice should change in the future, we will update this Privacy Policy to identify any third parties and provide you with opt-out or opt-in choice where applicable.

iii. We are committed to resolving complaints about your privacy and our collection, storage, processing or use of your Personal Information transferred to the United States processing quickly and expeditiously. You should submit inquiries or complaints to us at media@sensfix.com or at our mailing address:

Sensfix, Inc.

3175 Bowers Avenue #3324,

Santa Clara, CA 95054

Attn: Privacy Coordinator

12. CHANGES TO OUR PRIVACY POLICY

It is our policy to post any changes we make to our privacy policy on this page. If we make material changes to how we treat our users’ Personal Information, we will notify you by e-mail to or through a notice on the Site home page. The date the policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable e-mail address for you, and for periodically visiting our Website and this privacy policy to check for any changes.

13. COPYRIGHT INFRINGEMENT/DMCA NOTICE

If you believe that any content on our Website violates your copyright, and you wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to the Digital Millenium Copyright Act of 1998 (“DMCA Takedown Notice”)) must be provided to our designated Copyright Agent.

a. Your physical or electronic signature;

b. Identification of the copyrighted work(s) that you claim to have been infringed;

c. Identification of the material on our Website that you claim is infringing and that you request us to remove;

d. Sufficient information to permit us to locate such material;

e. Your address, telephone number, and e-mail address;

f. A statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and

g. A statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

Sensfix’s Copyright Agent to receive DMCA Takedown Notices is Balaji Renukumar, at balaji.renukumar@sensfix.com, Sensfix, Inc., Attn: DMCA Notice, 3175 Bowers Avenue #3324, Santa Clara, CA 95054, United States of America. You acknowledge that for us to be authorized to take down any content, your DMCA Takedown Notice must comply with all the requirements of this Section. Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorneys’ fees incurred by Sensfix in connection with the written notification and allegation of copyright infringement.

14. FOR OUR NEW YORK CUSTOMERS

We will fully comply with the letter and the spirit of the New York Shield Act (the “Act”), which became effective on January 1, 2020, to the fullest extent that it is applicable to us. We have adopted reasonable safeguards to protect the security, confidentiality, and integrity of your private information, as defined in the Act (“Private Information”). We will securely protect any personal information, as defined in the Act (“Personal Information”), and/or Private Information in accordance with the requirements set forth in the Act. We will notify you of any unauthorized access to or disclosure of your Personal Information or your Private Information in accordance with the requirements of the Act.

15. CAN SPAM ACT OF 2003

The CAN-SPAM Act establishes requirements for commercial messages, gives recipients the right to have businesses stop emailing them, and spells out penalties for violations. Per the CAN-SPAM Act, we will:

a. not use false or misleading subjects or email addresses;

b. identify the email message as an advertisement in some reasonable way; include the physical address of Sensfix, Inc., which is 3175 Bowers Avenue #3324, Santa Clara, CA 95054;

c. monitor third-party email marketing services for compliance, if one is used;

d. honor opt-out/unsubscribe requests quickly; and

e. give an “opt-out” or “unsubscribe” option.

If you wish to opt out of email marketing, follow the instructions at the bottom of each email or contact us at media@sensfix.com and we will promptly remove you from all future marketing correspondences.

16. CONTACT INFORMATION

If Users, Customers and/or Consumers have any questions, concerns, or complaints about our Privacy Policy, or how we process your Personal Information, please email us at media@sensfix.com or send a letter to the following person:

Name: Tetiana Nikitchenko

Title: Website Coordinator

Address: Sensfix, Inc.,

3175 Bowers Avenue #3324, Santa Clara, CA 95054

Email: tetiana.nikitchenko@sensfix.com

Users, Customers, and/or Consumers may also contact our corporate officer, who is overall responsible for privacy at Sensfix, if you have any questions about our Privacy Policy or Terms of Use:

Name: Balaji Renukumar

Title: Chief Executive Officer

Company: Sensfix, Inc.

Address: 3175 Bowers Avenue #3324, Santa Clara, CA 95054

Email: balaji.renukumar@sensfix.com