VOCALYTICS PRIVACY POLICY
Updated: 1/26/2021
Vocalytics, Inc. (“Vocalytics” or “we”) offers services that help businesses derive value from everyday sounds by providing organizations (“Subscribers”) a sound and voice data processing and analytics solution (the “Solution”).
Vocalytics respects the privacy of the users of our Solution including those users who were designated by our subscribers as employees or personnel who have been authorized to use the Solution on their behalf (the “Authorized Personnel”), and our subscribers’ customers or clients (the “Subscriber Customers”). We are committed to protecting the information of Subscriber Customers and Authorized Personnel (each and together “you” or “User”), which we process in connection with the use of our Solution (as defined below), as applicable (collectively, the “Services”).
This Vocalytics, Inc. Corporate Privacy Policy (“Privacy Policy”) applies to personal information processed in the course of our business-to-business relationship with our customers, our customers’ employees and authorized users, and/or other individuals we may directly interact with, including on our websites (each a “Site”), through the use of our products and services (“Products”), and other online or offline offerings (collectively, the “Services”). In this Privacy Policy the terms “Vocalytics,” “we,” ”us,” and “our” refers to Vocalytics, Inc. and our affiliates and subsidiaries globally.
Some examples of Vocalytics’ Products include:
- Cloud-based Software as a Service (“SaaS”) products used to analyze data and to provide information management, among other uses.
- Software installed on customer computers used to analyze data and to provide information management, among other uses.
- Information system hardware (e.g., servers, storage, processors) used in conjunction with our products.
- Analytics and visualization capabilities associated with our products.
This policy (the “Privacy Policy”) is intended to describe our practices regarding the information we may capture when you interact or use the Services (or any part thereof) and the manners in which we may use such information.
What’s Not Covered by This Privacy Policy?
As stated above, this Privacy Policy only applies to personal information we process in the course of our business-to-business relationship with our customers and potential customers. This Privacy Policy does not apply to any of the information that our customers may collect and/or analyze using our Products (“Customer Data”). Our customers are responsible for providing the appropriate notice to and obtaining any required authorizations from individuals for the processing of Customer Data. Our customers’ respective privacy policies will govern the collection and use of such information and we encourage you to read each customer’s privacy policy in detail.
As an example, some of the business activities, Products, or services involving Customer Data (and not covered by this Privacy Policy) may include:
- Analysis of audio content provided by our customer’s microphone or audio acquisition infrastructure.
I. YOUR CONSENT
BY ACCESSING AND/OR USING THE SERVICES (OR ANY PART THEREOF), YOU ARE ACCEPTING THE PRACTICES DESCRIBED IN THIS PRIVACY POLICY. BY INSTALLING AND IMPLEMENTING OR ACCESSING THE SOLUTION, YOU AGREE TO THE CAPTURING AND PROCESSING OF YOUR INFORMATION. IF YOU DISAGREE WITH ANY TERM PROVIDED HEREIN, PLEASE DO NOT DOWNLOAD, INSTALL, IMPLEMENT, USE, OR ACCESS THE SOLUTION OR SERVICES OR ANY PART THEREOF IN ANY MANNER WHATSOEVER AND, IF APPLICABLE, UNINSTALL THE SOLUTION AND ANY RELATED APPS FROM YOUR SYSTEMS AND DO NOT USE THEM IN ANY MANNER WHATSOEVER.
IN ACCORDANCE WITH THE CONFIGURATION AND CHOICES MADE BY THE SUBSCRIBER (WHO MAY BE THE ORGANIZATION YOU WORK FOR, ENGAGED BY OR YOUR SERVICE PROVIDER), SOUND AND VOICE INTERACTIONS WITH CUSTOMERS, USERS OR OTHER PERSONNEL OF SUCH SUBSCRIBERS MAY BE CAPTURED AND DOCUMENTED BY AND VIA THE SOLUTION. VOCALYTICS MERELY PROCESSES THE SOUND AND VOICE INTERACTIONS ON BEHALF OF OR IN ACCORDANCE WITH THE INSTRUCTIONS OF THE SUBSCRIBER. THE SUBSCRIBER (NOT VOCALYTICS) IS RESPONSIBLE FOR PROVIDING YOU, AS WELL AS ALL OTHER PARTICIPANTS OF THE APPLICABLE IN-PERSON INTERACTION WITH ALL LEGAL NECESSARY AND APPROPRIATE DISCLOSURES AND NOTICES IN CONNECTION WITH THE SUBSCRIBERS USE OF THE SOLUTION (INCLUDING SPECIFICALLY THE SOUND AND VOICE DATA). IF FOR ANY REASON YOU FEEL THAT YOUR SOUND OR VOICE DATA WAS OBTAINED IN A MANNER NOT CONSISTENT WITH THIS AGREEMENT AND/OR ANY LAWS YOU ARE ENCOURAGED TO CONTACT THE SUBSCRIBER WITH WHOM YOU INTERACT.
II. INFORMATION CAPTURED
A. Personal Information
“Personal Information” is individually identifiable information, namely information that identifies an individual or may with reasonable efforts or together with additional information we have access to enable the identification of an individual, or related to an individual or may be of private or sensitive nature information relating to an identified or identifiable natural person. Identification of an individual also includes association of such individual with a persistent identifier such as a name, an identification number, persistent cookie identifier, or otherwise. Personal Information does not include information that has been anonymized or aggregated so that it can no longer be used to identify a specific natural person.
B. Different Users
As reflected above, we consider two types of Users with respect to whom we process information: Authorized Personnel and Subscriber Customers. The scope, types and nature of information we may process in relation to each of these User-types is different.
C. Authorized Personnel and Subscriber Customer Data
We may capture information in relation to Authorized Personnel and Subscriber Customers, including data that is actively provided to us via the Solution or otherwise, for example: Authorized Personnel contact information; Authorized Personnel association, employment, and affiliation with Subscriber; and the contents of Subscriber Customers’ interactions with Subscriber’s Authorized Personnel, which may include text or audio data and transcripts of such communications.
Personal Information that may be included in the sound data captured by the Solution will be automatically redacted or anonymized.
D. Notice of Sound & Voice Data Capture
As part of the core functionality of the Solution, we enable the capture of sound data from in-person interactions. Such sound data, by nature, may include the voice, communication, and information of third parties participating in such interaction (whether actively or otherwise). You warrant and represent that prior to the use of the Solution all disclosures necessary or advisable under applicable law have been made to all individuals participating and/or in the vicinity such that certain voice data may be captured during such interaction, and all consents and approvals for the data capture as necessary or advisable under applicable law, have been obtained.
PLEASE NOTE THAT THE AFOREMENTIONED DISCLOSURE AND CONSENT REQUIREMENTS, WITH RESPECT TO CAPTURING IN-PERSON VOICE INTERACTIONS, MAY VARY FROM STATE TO STATE. YOU REPRESENT, COVENANT, AND WARRANT THAT (I) YOU WILL REVIEW ALL APPLICABLE LAWS, AND TO THE EXTENT REQUIRED, OBTAIN SUCH NEEDED LEGAL COUNSEL BEFORE YOU USE OR ALLOW OTHERS TO USE THE SOLUTION; AND (II) YOUR USE OF THE SOLUTION DOES NOT BREACH OR INFRINGE ON THE RIGHTS OF ANY THIRD PARTY, INCLUDING THE RIGHT FOR PRIVACY. YOU ARE SOLELY RESPONSIBLE FOR COMPLYING WITH ANY AND ALL APPLICABLE LAWS IN CONNECTION WITH YOUR USE OF THE SOLUTION.
III. METHODS OF INFORMATION CAPTURE
We capture information in various ways, including, but not limited to: (i) information actively provided to us by the Subscriber, Authorized Personnel, or Subscriber Customers; (ii) information received as part of the sound and voice data capture functionality of the Solution and otherwise is derived by our systems from Authorized Personnel use of our Solution and Services; and (iii) information we obtain from other sources or third parties.
A. Actively Provided Information
Generally, this category of information collection refers to any information, data, or content you actively create or provide through our Solution or Services.
B. Automatically Collected Information
The settings and activation of the sound and voice data capture functionality of the Solution is configured by the Subscriber, who selects whether such feature is activated in connection with designated business hours, calendar events, other criteria, or actively initiated or disabled by Authorized Personnel each time it is used to capture an in-person interaction. For more information regarding the activation settings of the sound and voice data capture functionality of the Solution, contact the Subscriber (which is an organization employing or engaging you).
C. Information Obtained from Third Parties
We may collect your information from third parties who have assured us that they have obtained your consent to do so. For example, if you are an Authorized Personnel we will probably be receiving certain information relating to you from the Subscriber (which is an organization employing or engaging you) in order to provide such Subscriber with our Services, e.g., so that we can configure and set up Authorized Personnel login credentials for our Solution prior to such Authorized Personnel’s first login.
IV. PURPOSES OF COLLECTING AND PROCESSING INFORMATION
A. Personal Information We Collect
We collect various types of information from you, including information you voluntarily provide us and information we automatically collect from your use of our Services. For instance, in order to access certain portions of the Services, order Products, or even use some Products you may be required to first register with us. You may be asked to provide your contact information (e.g., name, institution/company, address, phone number, email, username, etc.).
We may also attend conferences and trade shows where we collect personal information from individuals who interact with or express an interest in Vocalytics and/or the Services. In addition, we may obtain information about you from other sources, including through third-party services and organizations to supplement information provided by you.
Information we automatically collect about your use of our Services may, for example, include:
- Your Internet Protocol (“IP”) address.
- The content you access.
- The functions, products, or services you use on the Services and purchasing history.
- Your device’s operating system.
- Up-time and other usage statistics about the Services.
- Location information.
- Your device’s unique identifier (e.g., CPU serial number).
- Web browser used.
- The date and time of your visit to the Services or use of the Product.
B. Usage of Information
We may use information that we collect about you for different purposes which may vary accordingly if you are an Authorized Personnel or Subscriber Customer. Such purposes may include but are not limited to (i) providing and improving our Services and Solution and managing our business; (ii) creating cumulative statistical data and other cumulative information and/or other conclusive information that is non-personal or anonymized in which we and/or our business partners might make use of in order to operate and improve our Solution; (iii) performing functions or services as otherwise described to you at the time of collection; (iv) preventing, detecting, mitigating, and investigating fraud, security breaches, or other potentially prohibited or illegal activities; and (v) complying with any applicable rule or regulation and/or response, or defending against legal proceedings involving us or our affiliates. We will not store or use any of your Personal Information captured by the Solution.
We may use the information collected:
- To provide and operate the Services.
- To improve the Services, including any applications, products, services, and software available through them.
- For marketing purposes.
- To store your interests and preferences in order to customize your use of the Services.
- To communicate with you (such as for product support and billing issues).
- To verify compliance with the terms of use, license, subscription agreement or other agreement governing the use of the Services, the Product, or any other of our products or services (“Terms of Use”).
- To authenticate users.
- To compile and analyze trends.
- To carry out transactions.
- To pursue our legitimate interests (e.g., direct marketing, research (including marketing research), information and network security, and fraud prevention).
- For other purposes that are clearly disclosed to you at the time you provide personal information or with your consent.
- We also may aggregate the information collected with information from other customers and users of the Services, or other products and services for analysis such as to determine user and performance trends. Generally, any such aggregation will involve data that has been de-identified such that it can no longer be used to identify you.
C. Your Choices
General. You may have the right to object to or opt out of certain uses of your personal information. Where you have consented to the processing of your personal information, you may withdraw that consent at any time by contacting us as described below.
Email Communications. If you receive an unwanted email from us, you can use the unsubscribe link found at the bottom of the email to opt out of receiving future emails. Note that you will continue to receive transaction-related emails regarding the Services or Products you have requested. We may also send you certain non-promotional communications regarding us and our Services, and you will not be able to opt out of those communications (e.g., communications regarding the Services or updates to this Privacy Policy).
“Do Not Track”. Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers.
C. Access, Rectification, Erasure, and Restriction
For purposes of the California Consumer Privacy Act, we do not “sell” your personal information.
In accordance with applicable law, you may have the right to: (i) request confirmation of whether we are processing your personal information; (ii) obtain access to or a copy of your personal information; (iii) receive an electronic copy of personal information that you have provided to us, or ask us to send that information to another company (the “right of data portability”); (iv) restrict our uses of your personal information; (v) seek correction or amendment of inaccurate, untrue, incomplete, or improperly processed personal information; and (vi) request erasure of personal information held about you by Vocalyticsh, subject to certain exceptions prescribed by law. If you would like to exercise any of these rights, please contact us as set forth below.
We will process such requests in accordance with applicable laws. To protect your privacy, Vocalytics will take steps to verify your identity before fulfilling your request.
If you are a California resident, you have the right not to receive discriminatory treatment by Vocalytics for the exercise of your rights conferred by the California Consumer Privacy Act.
V. SHARING INFORMATION WITH THIRD PARTIES
We may share with or otherwise allow third parties to access your information in a manner and scope which may vary if you are an Authorized Personnel or Subscriber Customer. Such information may be shared in the following circumstances:
A. With a Subscriber or its employer or service provider, as applicable, as required in the scope of Services to such Subscriber;
B. With service providers whose services and solutions complement, facilitate, and enhance our own. We may share information we collect with such service providers who need to access such information to carry out work on our behalf, including hosting, database, data analytics services, data and cybersecurity services, fraud detection and prevention services, session data for analytics purposes, and our business, legal, and financial advisers (collectively, the “Third-Party Sites, Products and/or Service Providers”). Please understand that those Third-Party Sites and Products may have different terms of use and privacy policies. You should review those terms of use and privacy policies prior to using them. We are not responsible for the terms of use you may be required to agree to in order to use such Third-Party Sites, Products, and/or Service Providers;
C. With a Subscriber or select Authorized Personnel to the extent that and in the manner configured by the Subscriber on the Solution;
D. In response to a request for information if we believe disclosure is in accordance with any applicable law, regulation, or legal process, or as otherwise required by any applicable law, rule, or regulation; and
E. With companies that share common corporate ownership with Vocalytics, or in connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition of all or a portion of our business by another company.
We may also share aggregated or de-identified information which cannot reasonably be used to identify you.
VI. INFORMATION STORAGE
Information regarding Users may be maintained, processed, and stored by us and our authorized affiliates, Subscribers and service providers as necessary, including in secured cloud storage provided by Third-Party Service Providers.
We retain the personal information we receive as described in this Privacy Policy for as long as you use our Services or as necessary to fulfill the purpose(s) for which it was collected, provide our Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws. Please note that in some cases, information we collect will be retained indefinitely.
VII. SECURITY
We take reasonable measures to help protect information about you from loss, theft, misuse, and unauthorized access, disclosure, alteration, and destruction. We are committed to protecting the security of the information collected, and we take reasonable physical, electronic, and administrative safeguards to help protect the information from unauthorized access, use, and/or disclosure. Unfortunately, the Internet cannot be guaranteed to be 100% secure, and we cannot ensure or warrant the security of any information you provide to us.
It is your responsibility to protect the confidentiality of your passwords, account information, and any other access features associated with your access or use of the Services or Product as well as adhering to any applicable Terms of Use or other contract between us and you or your organization.
To the fullest extent permitted by applicable law, we do not accept liability for unauthorized access, use, and/or disclosure.
VIII. DATA RETENTION
We may create cumulative statistical data and other cumulative information and/or other conclusive information that is non-personal or anonymized in which we and/or our business partners might make use of in order to operate and improve our Solution for as long as legitimate and to the extent required to provide Services, and in accordance with the instructions of our Subscribers who are the controllers of the data we capture and/or process. This includes, without limitation, as reasonably necessary to comply with our legal obligations and/or protect our legitimate interests.
IX. MINORS
The Services are not directed towards minors, and we do not knowingly collect personal information from minors that use the Services.
X. SUPPLEMENTAL CALIFORNIA PRIVACY NOTICE
This Supplemental California Privacy Notice only applies to our processing of personal information that is subject to the California Consumer Privacy Act of 2018 (“CCPA”). The CCPA provides California residents with the right to know what categories of personal information Vocalytics has collected about them and whether Vocalytics disclosed that personal information for a business purpose (e.g., to a service provider) in the preceding 12 months. California residents can find this information below:
| Category of Personal Information Collected by Vocalytics | Categories of Third Parties Personal Information is Disclosed to for a Business Purpose |
| Identifiers | • Service providers |
| Personal information categories listed in Cal. Civ. Code § 1798.80(e) | • Service providers |
| Commercial information | • Service providers |
| Internet or other electronic network activity | • Service providers |
| Professional or employment-related information | • Service providers |
The categories of sources from which we collect personal information and our business and commercial purposes for using personal information are set forth above.
Additional Privacy Rights for California Residents
“Sales” of Personal Information under the CCPA. For purposes of the CCPA, Vocalytics does not “sell” personal information, nor do we have actual knowledge of any “sale” of personal information of minors under 16 years of age.
Non-Discrimination. California residents have the right not to receive discriminatory treatment by us for the exercise of their rights conferred by the CCPA.
Authorized Agent. Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. To designate an authorized agent, please contact us as set forth below.
Verification. When you make a request, we will ask you to provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, which may include confirming the email address associated with any personal information we have about you.
If you are a California resident and would like to exercise any of your rights under the CCPA, please contact us as set forth below. We will process such requests in accordance with applicable laws.
XI. VOCALYTICS, INC. IS A GLOBAL COMPANY HEADQUARTERED IN THE U.S.
Vocalytics is headquartered in the United States. Any information you provide or we may collect may be transferred to and processed in the United States and other countries or territories. The laws and regulations of those countries and/or territories may not offer the same level of data protection as the country where you reside. A full list of Vocalytics Inc’s global offices is located at www.vocalytics.ai
XiI. SUPERVISORY AUTHORITY
If you are located in the European Economic Area, you have the right to lodge a complaint with a supervisory authority if you believe our processing of your personal information violates applicable law.
XIII. CHANGES TO THE PRIVACY POLICY
We may change this Privacy Policy from time to time. If we make changes, we will notify you by revising the date at the top of the policy and, in some cases, we may provide you with additional notice (such as adding a statement to our website’s homepage). We encourage you to review the Privacy Policy whenever you access our website to stay informed about our information practices.
XIV. GENERAL INFORMATION
This Privacy Policy, its interpretation, and any claims and disputes related hereto, shall be governed by the laws of the State of California. Any and all such claims and disputes shall be brought in, and you hereby consent to them being litigated in and decided exclusively by a court of competent jurisdiction located in California.
XV. CONTACT US
If you have any questions regarding this Privacy Policy, you may contact us at: Vocalytics, Inc. 1954 Placentia Ave, #208, Costa Mesa, CA 92627 Attention: Legal Department – Corporate Privacy Policy or at [email protected]