Privacy Policy (USA)

Wobot Intelligence, Inc. is engaged in the business of providing computer vision solutions, built upon machine learning technologies (“Application”), to detect any deviation in standard operating procedures, automatically list them and make them trackable for all stakeholders within the organisation (“Services”). We, at Wobot appreciate the trust and information entrusted upon us by you, and seek to protect such information to the best extent possible, and only use the information in a manner provided in this privacy policy (“Privacy Policy”). This Privacy Policy has been published in order to help the Customer and the End User understand what information of the Customer and End User is collected by Wobot through the Application, the purpose, means and modes of usage of such information; and how and to whom such information which has been collected will be disclosed.

For the purpose of this Privacy Policy, and where the context so requires, “Wobot”, “Company”, “our”, “we” or “us” shall mean Wobot Intelligence Private Limited, and wherever the context so requires, the “Customer”, “End User”, “User”, “you” or “your” will refer to any individual or body corporate who uses the Application.

Your use of the Services is at all times subject to the Customer Agreement (defined below), or the Terms of Service, as applicable. Any terms we use in this Privacy Policy without defining them have the definitions given to them in the Customer Agreement or the Terms of Service.

We reserve the right to make changes to this Privacy Policy at any time. Any such modification will become effective immediately upon Wobot posting it on the Website and your continued use of the Application and/or the Website constitutes your agreement to such modifications. You agree to periodically review the current version of the Privacy Policy posted by Wobot. If we make any material changes to this Privacy Policy, we will notify you of those changes by posting them on the Application or by sending you an email or other notification, and we’ll update the “Last Updated Date” to indicate when those changes will become effective.

1. Definitions

For the purpose of this Privacy Policy, the key terms are defined as follows:

1.1. “Billing Information” shall have the meaning ascribed to it in Clause 5.1 of this Privacy Policy;

1.2. “Customer” shall mean the legal entity which avails the Services from Wobot;

1.3. “Customer Account” shall mean a Customer’s account created by Wobot for enabling access to the Services;

1.4. “Customer Agreement” shall mean the agreement executed between Wobot and the Customer, if any;

1.5. “Data” means the Personal Data that Wobot obtains when it (a) collects such information from the Customer and/or End User when they use the Application, or (b) collects such information automatically when the Customer and/or End User use the Application; However, Data shall not include Metadata or any data which is not Personal Data.

1.6. “End User” shall mean a user accessing the Application through services provided by the Customer or a user whose Data is collected by Wobot through its Services and shall include a user who accesses the Website;

1.7. “Linked Sites” shall have the meaning ascribed to it in Clause 12.1 of this Privacy Policy;

1.8. “Metadata” shall refer to any set of data generated as a result of providing the Services, that gives information regarding other data (whether the same is processed or unprocessed);

1.9. “Raw Data” shall refer to any data (excluding Metadata) collected and stored by Wobot, but not otherwise processed, as a result of providing the Services;

1.10. “Personal Data” means any information that identifies or relates to a particular individual and also includes information referred to as “personally identifiable information” or “personal information” under applicable data privacy laws, rules, or regulations.

1.11. “Terms of Service” as the context requires, refers to Wobot’s terms of use accessible at Terms of Service;

1.12. “Website” shall mean the website operated by Wobot accessible at Wobot.ai.

2. Consent

2.1. This Privacy Policy governs your use of the Application, the Services and the Website. By using or continuing to use the Website, Application and/or Services, you provide your consent to Wobot to transfer, share and disclose your Personal Data in accordance with this Privacy Policy. If you use the Services on behalf of your employer, you represent that you are authorised by the same, to accept the terms of this Privacy Policy on behalf of it.

3. Data that we collect

3.1. The Data we collect from you includes but is not limited to the following:

(a) Name and contact data: This can include your first name, last name, email address, postal address, phone number or any other similar data;

(b) Credentials: Passwords, password hints, and similar security information used for authentication;

(c) Subscription and license data: Data about any subscription, plan or other features that you have selected related to the Application;

(d) Data automatically collected: During your usage of the Application, Wobot will be collecting the following Data automatically:

(i) Data about your device, including information about your device’s hardware and software, error reports, and troubleshooting and help data;

While providing the Services, we may collect images and videos and information relating to images or videos, such as patterns associated with images or videos for facial recognition and movement patterns of End Users.

(e) We may collect Raw Data in the process of providing the Services, which may contain Personal Data.

4. How we collect your Data

4.1. We collect your Data through the following means:

(a) We take your information when you create a Customer Account for using our Services and browsing through our Website.

(b) The information that you share with us in the form of videos, images, text etc., including content shared by you about your organisation and information shared with us to interact with us and to use our Services.

(c) Data is also automatically collected through cookies, details of which have been set out in Clause 10 of this Privacy Policy.

(d) We may also receive information about you from any social media websites which are linked with us for the purposes of signing in or creating a Customer Account with us.

5. Your Billing Information

5.1. In order to purchase our Services, you are required to make payment for such Services. While making payment, we redirect you to our third-party payment gateway and at such third-party payment gateway your billing details such as billing name and address, and a credit card number, including card security number and credit card date of expiration (“Billing Information”) is collected by such third-party payment gateway. We do not collect or store your Billing Information on the Website. You agree and acknowledge that your submission of Billing Information on the third-party payment gateway will be governed by the terms of such third-party payment gateway’s privacy policy and terms of use.

6. Retention of Data

6.1. Unless permitted by applicable law, Wobot will retain all Personal Data only for as long as is necessary for Wobot to perform its obligations under the Customer Agreement, Terms of Service and under this Privacy Policy. On expiry of the applicability of the Customer Agreement and/or Terms of Service to you, unless required to perform any Services, or commercially unreasonable to do so, or as required by any applicable law or regulation, Wobot may delete any Personal Data that it has collected under the Customer Agreement and/or Terms of Service within a reasonable time frame or as may be required or mandated under applicable law, after the termination of such Customer Agreement and/or Terms of Service, unless otherwise provided in such Customer Agreement.

7. Sharing/ transferring your Data

7.1. Wobot will share your Data only in accordance with this Privacy Policy. Wobot may also hire third parties to provide services on its behalf for which Wobot may have to share your Data with such third parties. However, we will only share your Data for the purpose of providing the Services. These third parties are contractually required to maintain the confidentiality of your Data and are contractually prohibited from using your Data for any other purpose.

7.2. We may share anonymized or aggregated data we collect from the use of the Services, such as de-identified demographic information, de-identified location information, information about the computer or device from which you access the Services, market trends and other analysis that we create based on the information we receive from you and other users.

7.3. All Personal Data may be transferred to a third party if we undergo a merger, acquisition, bankruptcy or other transaction in which that third party assumes control of our business (in whole or in part). Should one of these events occur, we will make reasonable efforts to notify you before your information becomes subject to different privacy and security policies and practices.

7.4. Wobot may disclose the Data to its employees, service providers and third-party consultants for determining deviations in standard operating procedures or in order to improve its Services or the Application.

7.5. Wobot may share your Data in various situations including but not limited to the following conditions:

(i) After Wobot has obtained your consent for the same. Your use of the Application and the Services will be deemed consent to the terms of this Privacy Policy including but not limited to sharing your Data; or

(ii) When we believe in good faith that disclosure is necessary to protect our rights or property; or

(iii) To protect your rights and safety; or

(iv) To investigate fraud or respond to a government, judicial or other legal requests; or

(v) To comply with any applicable law.

8. Data Protection Measures

8.1. We maintain organizational, physical and technical security arrangements for all Data we hold, including maintaining security of your information as per the requirements of applicable law and use industry standard Secure Sockets Layer (SSL) technology for encryption of your Personal Data. We adopt market leading security measures to protect your Data.

8.2. We review the information collection, storage and processing practices, including physical security measures, to continually guard against unauthorized access to our systems.

8.3. We restrict access to the Data, to only employees and agents who need to know such information in order to process it in accordance with this Privacy Policy, and who are subject to strict contractual confidentiality obligations.

8.4. We will adopt all requirements necessary for the protection of your Data as required by applicable data protection legislations.

8.5. Notwithstanding what is stated above, you should understand that the open nature of the internet is such that information and data flows over networks connecting user to our systems without security measures and may be accessed and used by people other than those for whom the data is intended and Wobot shall not be liable to you for any such loss of your Data.

9. How you can opt out of Marketing Communications and other non-essential communications

9.1. If you wish to opt out of receiving non-essential (promotional, marketing-related) communications from us, after setting up a Customer Account, you may choose to do so by writing to us at marketing@wobot.ai.

10. Cookies and data analytics

10.1. The Website and Application use cookies, which are files that the web browser puts on a system when you access the Website or use the Application, to store certain information that is not your Data. The information collected through these cookies is used by us for the technical administration of Wobot’s research and development, and to improve the quality of the Website and Application.

10.2. We may use third party cookies to track visitor behaviour and to improve the quality of the Application. However, such cookies will not store any kind of Data, nor will such information be disclosed to any third party.

10.3. These cookies are intended to be automatically cleared or deleted when you stop accessing the Website or using the Application. Users have a variety of tools to control cookies, web beacons and similar technologies, including browser controls to block and delete cookies and controls from some third-party analytics service providers to opt out of data collection through web beacons and similar technologies. Note that if you opt-out of such data collection it may impact your experience with our Services.

10.4. The information we collect with cookies is not sold, rented, or shared with any third parties, other than for (a) internal development and maintenance of the Application, (b) enhancing your experience with the Services, (c) providing custom, personalized content and information, including relevant advertising in the course of providing the Services.

10.5. Notwithstanding anything mentioned in Clauses 10.1 to 10.4 above, Wobot will routinely analyse your Data to help improve the way we run our business and the Application. We use your Data for data analytics, particularly to understand how our Services are used. We use Google Analytics, a service provided by Google, Inc. (“Google”), to gather information about how users engage with our Website and the Application. For more information about Google Analytics, please visit www.google.com/policies/privacy/partners/. You can opt out of Google’s collection and processing of data generated by your use of the Services by going to http://tools.google.com/dlpage/gaoptout. Further, we have implemented Intercom, a business messenger platform into our Website and Application to help us evaluate the engagement of the End User and to track product metrics, which may collect certain Personal Data from you. Please visit https://www.intercom.com/legal/privacy to know more about how Intercom will use your Personal Data.

11. How will Wobot use your Data

11.1. We use this information to:

(i) provide you the Services and to maintain, manage and improve the Application and Services;

(ii) send you notifications and communicate with you;

(iii) provide you with customer support including technical support and troubleshooting;

(iv) protect you and conduct security investigations and fraud and abuse analysis;

(v) comply with our legal obligations, for example when assisting governments and law enforcement agencies or regulators (as may be required by applicable law);

(vi) improve the safety and reliability of the Application. This includes detecting, preventing, and responding to fraud, abuse, security risks, and technical issues that could harm the Application, you, our users, or the general public;

(vii) analyse data, tracking trends, building algorithms and source code, creating databases for rating systems, recommendations engines, etc.;

(viii) to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of the Terms of Service and/or the Customer Agreement, or as otherwise required by applicable law;

(ix) to conduct internal and external audits and quality assessment procedures; and

(x) to comply with applicable law.

12. Third party links

12.1. The Application may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Wobot. We are not responsible for the content of any Linked Site, including, without limitation to, any link contained in a Linked Site, or any changes or updates to a Linked Site.

12.2. Wobot does not intend the Linked Sites to be referrals to, endorsements of, or affiliation with the linked entities.

12.3. On accessing the Linked Sites, you shall be governed by the terms of use, privacy policy and such other additional policies of the Linked Sites.

12.4. You further acknowledge and agree that Wobot shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, advertising, products, services or other materials available on or through any Linked Sites or for any errors, defamatory content, libel, slander, omissions, falsehoods, obscene content, pornographic material, or any profanity contained therein.

13. Personal Data of Children

13.1. The Services are not directed to or intended for use by children under 16, and children under 16 are prohibited from using the Services. We do not knowingly collect or solicit Personal Data from children under 16. If you are a child under 16, please do not attempt to register for or otherwise use the Services or send us any Personal Data.

13.2. By accessing, using and/or submitting information to or through the Services, you represent that you are not under 16.

13.3. If we learn that we have collected Personal Data from a child under 16 without his/her parent’s written consent, we will use that information only to respond directly to that child (or his/her parent or legal guardian) to inform the child (or his/her parent or legal guardian) that he/she cannot use the Services, and we will subsequently delete that information as quickly as possible. If you believe that a child under 16 may have provided us Personal Data, please contact us at legal@wobot.ai.

13.4. If you are between the age of 16 years and the age of majority prescribed by applicable law in your place of residence, you may use our Services only with the consent of your parent/ legal guardian.

13.5. If you are a parent or legal guardian of a minor child, you may, in compliance with the Terms of Service and/or Customer Agreement (as applicable), use the Services on behalf of such minor child. Any information that you provide us while using the Services on behalf of your minor child will be treated as Personal Data as otherwise provided herein.

14. Specific Rights for the Residents of California

14.1. If you are a resident of California, you have the rights outlined in this Clause. If there are any conflicts between this Clause and any other provision of this Privacy Policy and you are a California resident, the portion that is more protective of Personal Data shall control to the extent of such conflict.

14.2. You have the right to request certain information about our collection and use of your Personal Data over the past 12 months. We will provide you with the following information:

(a) The categories of Personal Data that we have collected about you. (b) The categories of sources from which that Personal Data was collected. (c) The business or commercial purpose for collecting or selling your Personal Data. (d) The categories of third parties with whom we have shared your Personal Data. (e) The specific pieces of Personal Data that we have collected about you.

14.3. If we have disclosed your Personal Data for a business purpose (as identified by applicable data protection law) over the past 12 (Twelve) months, we will identify the categories of Personal Data shared with each category of third-party recipient, on your request.

14.4. If we have sold your Personal Data over the past 12 (Twelve) months, we will identify the categories of Personal Data purchased by each category of third-party recipient, on your request.

14.5. You may request us to delete the Personal Data that we have collected from You. This right will be subject to our right to reject such deletion request on grounds permitted under applicable data protection law.

14.6. We will not sell your Personal Data and have not done so over the last 12 (Twelve) months.

14.7. We will not discriminate against you for exercising your rights under applicable data protection law. However, we may offer different tiers of our Services as allowed by applicable data protection laws with varying prices, rates, or levels of quality of the Services you receive, related to the value of Personal Data that we receive from you.

14.8. You are entitled to contact us to prevent disclosure of Personal Data to third parties for such third parties’ direct marketing purposes; in order to submit such a request, please contact us at marketing@wobot.ai.

15. Specific Rights for the residents of Nevada

15.1. If you are a resident of Nevada, you have the right to opt-out of the sale of certain Personal Data to third parties who intend to license or sell that Personal Data. You can exercise this right by contacting us at marketing@wobot.ai with the subject line “Nevada Do Not Sell Request” and providing us with your name and the email address associated with your account. Please note that we do not currently sell your Personal Data.

16. Transfer of Personal Data to third party jurisdictions

16.1. Wobot hosts and operates its Services through service providers in the U.S, and if you do not reside in the U.S., applicable laws in the U.S. may differ from the laws where you reside. By providing your Data to Wobot, you are consenting to and authorizing the transfer of your Data to the U.S for storage, use, processing, maintenance, and onward transfer of such information to other entities, regardless of their location. However, such activities will be undertaken in accordance with this Privacy Policy and the Terms of Service.

17. Contact Information

17.1. If you have any questions about our privacy practices or do not understand any of the provisions of this Privacy Policy, you may contact us at:legal@wobot.ai