Your privacy is important to us. This Privacy Policy (“Policy”) applies to services provided by Thoughtly, Inc. (“we”, “us”, or “Thoughtly”) and our website (thought.ly, accessible from https://thought.ly/), product pages, mobile or web applications, or other digital products that link to or reference this Policy (collectively, the “Services”) and explains what information we collect from the individual accessing or using the Services, or the company, or other legal entity on behalf of which such individual is accessing or using the Services, as applicable (a “user”, “you”, or “your”), including information that may be used to personally identify you (“Personal Information”) and how we use it. This Policy applies to any visitor to or user of our Services. We encourage you to read the details below.

We reserve the right to change this Policy at any time. We will notify you of any changes to this Policy by posting a new Policy to this page, and/or by sending notice to the primary email address specified in your account. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically reviewing this Policy to check for any changes. Changes to this Policy are effective when they are posted on this page. You acknowledge that your continued use of our Services after we publish or send a notice about our changes to this Policy means that the collection, use and sharing of your Personal Information is subject to the updated Policy.

Scope and Applicability

The Policy applies to your information when you visit our website or otherwise use the Services. We will only collect and process information where we have lawful bases. With respect to the information described in this Policy, lawful bases include consent (where you have given consent), contract (where processing is necessary for the performance of a contract with you (e.g. to deliver the Services you have requested)), and, in some instances, for “legitimate interests” in the applicable jurisdiction.

Our Services may provide links or connections to other online services, and may include third- party integrations such as apps, tools, widgets and plug-ins. These online services and third-party features may operate independently from us. The privacy practices of the relevant third parties, including details on the information they may collect about you, are subject to the privacy disclosures of these parties, which we strongly suggest you review. To the extent any linked online services or third-party features are not owned or controlled by us, we are not responsible for these third parties’ information practices.

What Information Do We Collect?

Information You Provide to Us

• Account Information: To create an account for the Services or to enable certain features, we may require that you provide us with information for your account such as name, email, profile picture, password, authentication credentials, payment card information, and transaction history (collectively, “Account Information”).
• Customer Content: When you use our Services, we collect Personal Information that is included in the input, call recordings, file uploads, transcription description data, or other content that you provide to our Services (“Customer Content”). Our use of and processing of Customer Content is governed by our Terms of Service.
• Payment Information: If you sign up for a paid subscription, we (or our payment processors) may need your billing details such as credit card information, banking information, and billing address. Your payment information, such as your payment method (valid credit card number, type, expiration date or other financial information), is collected and stored by our third party payment processing company (the "Payment Processor"), and use and storage of that information is governed by the Payment Processors applicable privacy policy. As of the effective date of this Privacy Policy listed below, Stripe is the Payment Processor used within the Services and its privacy policy is available at https://stripe.com/us/privacy or such other URL designated by Stripe. In order to facilitate your order transactions, we collect and store your credit card type, the last four digits of your credit card number, and expiration date, but no other financial information.
• Communication Information: If you communicate with us, we collect your name, contact information, and the contents of any messages you send (“Communication Information”).
• Social Media Information: We have pages on social media sites like Instagram, Facebook, Medium, Twitter, YouTube and LinkedIn. When you interact with our social media pages, we will collect Personal Information that you elect to provide to us, such as your contact details (collectively, “Social Information”). In addition, the companies that host our social media pages may provide us with aggregate information and analytics about our social media activity.
• Other Information You Provide: We receive other information from you when you choose to interact with us in other ways, such as if you sign up for one of our webinars or newsletters, participate in a research study or event, when you participate in our events or surveys or provide us with information to establish your identity, or otherwise communicate with us (collectively, “Other Information You Provide”).

Information We Collect Automatically

When you visit, use, and interact with the Services, we may receive the following information about your visit, use, or interactions (“Technical Information”):

• Log Data: Information that your browser automatically sends whenever you use our website (“log data”). Log data includes your internet protocol address, browser type and settings, the date and time of your request, and how you interacted with our website.
• Usage Data: We may automatically collect information about your use of the Services, such as the types of content that you view or engage with, the features you use and the actions you take, as well as your time zone, country, the dates and times of access, user agent and version, type of computer or mobile device, computer connection, IP address, and the like (“Usage Data”).
• Device Information: Includes name of the device, operating system, and browser you are using. Information collected may depend on the type of device you use and its settings.
• Analytics: We may use a variety of online analytics products that use cookies to help us analyze how users use our Services and enhance your experience when you use the Services.
• Call Recordings: All calls, including any personal information during the calls, which interact with the Services are recorded by our system and stored, unless this feature is toggled off by you.

We use cookies and other tracking technologies to help us collect and process Technical Information. Please see the “How Do We Use Tracking Technologies” section below for more information.

Information We Receive from Third Parties

• Third-Party Integrations: Third parties may develop their applications to interoperate with us. If you choose to enable an integration, the third-party may share some information about you with us to make your experience more seamless, such as your name, email, or other content or information needed to facilitate the integration. Additionally, if you sign up or login to our Services using one of our single-sign-on providers (e.g., Google, Apple, etc.), we collect authentication information provided to us by the provider to allow you to log in.
• Marketing Information: We may receive marketing or demographic information about you from third parties or partners, for example, data about your organization or industry or other public information from sources like social media or online professional profiles. We may combine this information with other data we already have to improve your experience with our Services or inform you of Services we think may be of interest to you.
• Service Providers, which help us operate our business.
• Social Networks and Advertising Providers, including information provided by marketers and other websites on which we advertise, to help us identify or enrich our understanding of prospective customers, and to serve and measure advertising.
• Joint Marketing, Business Partnership, Referrals, and Rewards Partners that we engage for joint marketing activities and our referrals and rewards programs.
• Other Data Suppliers that provide information about industries, business trends, organizations and other matters related to our business.
• Publicly-Available Sources, including information in the public domain that helps us identify potential customers and partners or conduct due diligence and risk management for potential and existing customers.

Information from Third-Party Social Media Services

We may allow you to create an account and log in to use the Services through the following third- party social media services (“Third-Party Social Media Services)

• Google

If you decide to register through or otherwise grant us access to a Third-Party Social Media Service, we may collect Personal Information that is already associated with your Third-Party Social Media Service’s account, such as your name, your email address, your activities or your contact list associated with that account.

You may also have the option of sharing additional information with us through your Third-Party Social Media Service’s account. If you choose to provide such information and Personal Information, during registration or otherwise, you are giving us permission to use, share, and store it in a manner consistent with this Policy.

Use of Your Personal Information

We may use Personal Information for the following purposes:

To manage your account: To manage your account registration as a user of the Services, and to link or combine user information with other Personal Information. The Personal Information you provide can give you access to different functionalities of the Services that are available to you as a registered user.

For the performance of a contract: To deliver and improve the Services and your overall experience, and the development, compliance and undertaking of the purchase contract for the products, items or services you have purchased or of any other contract with us through the Services.

To contact You: To contact you by email, message, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates or informative communications related to us or the Services, or the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation; to provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information; and to send you information including confirmations, invoices, technical notices, updates, security alerts, and support and administrative messages.

To manage your requests: To respond to inquiries, provide customer support and resolve disputes, and to attend and manage your requests to us.

For business transfers: To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by us about our Services users is among the assets transferred.

For referral arrangements: To facilitate and manage referrals from business partners and third parties.

For internal reporting and analysis purposes: To conduct internal reporting, auditing, and research, including focus groups and surveys; to compare and verify information for accuracy and update our records, and to analyze how you use the Services with tools such as Google Analytics and other tools to help us understand traffic patterns and know if there are problems with the Services.

For API transfer: To facilitate transfers or API connections between the Services and your account, as applicable.

For fulfilling your payment obligations: To collect fees and other amounts owed in connection with your account.

For identity verification: To verify your identity, comply with legal and regulatory obligations applicable to us and our financial institution partners, determine the availability of Services offerings, and maintain your account.

For security reasons: To maintain the security of the Services, to protect, investigate, and deter against fraudulent, unauthorized, or illegal activity, and to protect our users, other individuals, and/or our rights and property.

For promotional purposes: To determine your eligibility for, and administer your participation in, certain features of the Services, which may include but not limited to surveys, promotions and rewards, and to create targeted advertising to promote the Services and engage our users.

For other purposes: We may use your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Services, products, services, marketing and your experience, when required by law to respond to legal processes, and at your discretion or instruction, or for any other purpose with your consent.

Aggregated or de-identified information: We may aggregate or de-identify Personal Information so that it may no longer be used to identify you and use such information to analyze the effectiveness of our Services, to improve and add features to our Services, to conduct research and for other similar purposes. In addition, from time to time, we may analyze the general behavior and characteristics of users of our Services and share aggregated information like general user statistics with third parties, publish such aggregated information or make such aggregated information generally available. We may collect aggregated information through the Services, through cookies, and through other means described in this Policy. We will maintain and use de-identified information in anonymous or de-identified form and we will not attempt to reidentify the information, unless required by law.

As noted above, we may use Customer Content you provide us to improve our Services, for example to train the models, please see our Terms of Service for more information.

We may share your Personal Information in the following situations:

In addition to the specific situations discussed elsewhere in this privacy policy, we disclose personal information in the following circumstances:

With Service Providers: We may share your Personal Information with service providers to monitor and analyze the use of our Services, to contact you, and with third parties that perform services to support our core business functions and internal operations, which may include database administrators, cloud computing services, payment processors, advertising services, and application services providers.

For business transfers: We may share or transfer your personal information in connection with a change of ownership or control of all or part of our business (such as merger, acquisition, reorganization, or bankruptcy), and with our corporate Affiliates and subsidiaries, and in connection with, or during negotiations of, any merger, sale of our assets, financing, or acquisition of all or a portion of our business to another company.

For business and corporate purposes: We may disclose Personal Information to support our audit, compliance, and corporate governance functions.

With business partners: We may share your information with our business partners to offer you certain products, services or promotions, and with third parties that we have partnered with, such as to create jointly offer a product, service or joint promotion or in connection with facilitating referral partnerships.

With other users: When you share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside. If you interact with other users or register through a Third-Party Social Media Service, your contacts on the Third-Party Social Media Service may see your name, profile, pictures and description of your activity. Similarly, other users will be able to view descriptions of your activity, communicate with you and view your profile.

With your consent: We may disclose your Personal Information for any other purpose with your consent or at your direction.

Other users and third parties you share Personal Information with: We may disclose your Personal Information with the applicable customer to provide Services on their behalf. Our customers are independent entities and their processing of information is subject to their own policies and terms. Certain features allow you to display or share information with other users or third parties. Be sure you trust any user or third party with whom you share information.

For security reasons: We may disclose your Personal Information if we have a good-faith belief that access, use, preservation, or disclosure of such information is reasonably necessary to detect or protect against fraud or security issues; to protect against legal liability; to protect the personal safety of other users of the Services or the public; to protect and defend our rights or property; and to prevent or investigate possible wrongdoing in connection with the Services.

In order to fulfill legal obligations: We may disclose your Personal Information if required or permitted by applicable law or regulation, including laws and regulations of the United States and other countries, or in the good faith belief that such action is necessary to: (a) comply with a legal obligation or in response to a request from law enforcement or other public authorities wherever we may do business; (b) protect and defend our rights or property; (c) act in urgent circumstances to protect the personal safety of users, customers, and our contractors/employees or others; or (d) enforce our Terms of Service or otherwise protect against any legal liability.

No Selling of Data

We do not sell your Personal Information to third parties. Any data sharing that occurs is solely for the purposes described in this Policy, such as to provide and improve our Services and is not conducted with the objective of profiting from the sale of your Personal Information.

Retention of Your Personal Information

We retain your Personal Information while your account is in existence or as needed to provide the Services to you. This includes data you or others provided to us and data generated or inferred from your use of the Services. Please note that we may retain information that is otherwise deleted in anonymized and aggregated form, in archived or backup copies as required pursuant to records retention obligations, or otherwise as required by law. We may retain an archived copy of your records as required by law or for legitimate business purposes.

How Do We Use Tracking Technologies

Use of Cookies

We use cookies and similar tracking technologies to track the activity on our Services and store certain information. Cookies are small files that are placed on your computer, mobile device or any other device by a website, containing the details of your browsing history on that website among its many uses. Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Services.

Session Cookies: We use session cookies to operate our Services.

Preference Cookies: We use preference cookies to remember your preferences and various settings.

Security Cookies: We use security cookies for security purposes.

Advertising Cookies: These cookies are used to serve you with advertisements that may be relevant to you and your interests.

Managing Cookies: You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Services.

Third-Party Cookies: Some cookies might come from third-party services or advertisers and are used for analytics, advertising, and user interaction. We recommend you review the privacy policies of these third parties to understand how they use cookies.

Analytics and Interest-Based Advertising

We may use analytics services to help us understand how users access and use the Services and other aspects of our products and services. In addition, we work with agencies, advertisers, ad networks, and other technology services to place advertisements on our behalf on other websites and services. Our third-party analytics services providers and advertising providers may use cookies and other tracking technologies to collect and store data Technical Information to be used for the purposes outlined in this Privacy Policy.

Our third-party advertising service providers may use web beacons to recognize you when you visit the Services and to help determine how you found the Services. They may also use cookies, action tags, web beacons, and/or GIF tags placed in various places on the Services and our online ads to collect information about your visit and your interaction with our ads. To limit collection of information from mobile devices, including location data, please visit your device’s settings to set the “Limit Ad Track”, “Location Based Services,” or other similar feature on your device. You can also make choices about data collection for certain companies by visiting an industry consumer choice platform such as the NAI (https://optout.networkadvertising.org/) or DAA (https://optout.aboutads.info/). If you opt-out of interest-based ads, you will still see ads on websites you visit, but those ads will not be based on your browsing behavior.

Transfer of Your Personal Data

Your information, including Personal Information, is processed at our operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to, and maintained on, computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction. Your consent to this Policy followed by your submission of such information represents your agreement to that transfer.

We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Policy and no transfer of your Personal Information will take place to an organization or a country unless there are adequate controls in place including the security of your data and other Personal Information.

Managing Your Privacy

All users may request to review, update, correct or delete the Personal Information furnished by a user in their user account by contacting us at support@thought.ly. For your protection, we may only share and update the Personal Information associated with the specific email address that you use to send us your request, and we may need to verify your identity before doing so. We will try to comply with such requests in a reasonably timely manner. Please note that we may retain information that is otherwise deleted in anonymized and aggregated form, in archived or backup copies as required pursuant to records retention obligations, or otherwise as required by law. We may retain an archived copy of your records as required by law or for legitimate business purposes.

We may use some of the information we collect for marketing purposes, including to send you promotional communications about our new features, products, events, or other opportunities. If you wish to stop receiving these communications or to opt out of use of your information for these purposes, please follow the opt-out instructions, such as clicking "Unsubscribe" (or similar opt-out language) in those communications. For text message communications, you can text back “STOP” and we will send you a text message to confirm that you have been unsubscribed. You can also contact us at support@thought.ly, to opt out. Despite your indicated email preferences, we may send you service related communications, including notices of any updates to our terms of service or privacy policy.

Security of Your Personal Information

We take reasonable steps to protect your Personal Information against unauthorized access, alteration, disclosure, misuse, or destruction. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. The safety and security of your Personal Information also depends on you. If you have an account with us, you are responsible for keeping your membership details confidential. Your account is protected by your account password and we urge you to take steps to keep your Personal Information safe by not disclosing your password and by logging out of your account after each use. We further protect your Personal Information from potential security breaches by implementing certain technological security measures including encryption, firewalls and secure socket layer technology. However, these measures do not guarantee that your Personal Information will not be accessed, disclosed, altered or destroyed by breach of such firewalls and secure server software. By using the Services, you acknowledge that you understand and agree to assume these risks.

Children Under 16

The Services are not directed to individuals who are under age of sixteen (16) and we do not solicit nor knowingly collect Personal Information from children under the age of sixteen (16). If you believe that we have unknowingly collected any Personal Information from someone under the age of sixteen (16), please contact us immediately at support@thought.ly and the information will be deleted.

Links to Third Party Websites

We may provide links to other websites. We have no control over these websites and they are subject to their own terms of use and privacy policies. As such, we do not endorse and are not responsible for the availability of, or for any content, advertising, products, or other materials on or available from, these third-party websites. By using the Services, you agree that we will not be liable for any damage or loss caused by your use of or reliance on any content, advertising, products, or other materials on or available from these third-party websites.

How We Respond to Do Not Track Signals

Your browser settings may allow you to automatically transmit a Do Not Track signal to websites and other online services you visit. We do not alter our practices when we receive a Do Not Track signal from a visitor’s browser because we do not track our visitors to provide targeted advertising. To find out more about Do Not Track, please visit https://thought.ly/.

Additional U.S. state disclosures

You can read more about the Personal Information we collect in “Personal information we collect” above, how we use Personal Information in “How we use personal information” above, and how we retain Personal Information in “Security and Retention” below.

To the extent provided for by local law and subject to applicable exceptions, individuals may have the following privacy rights in relation to their Personal Information:

• The right to know information about our processing of your Personal Information, including the specific pieces of Personal Information that we have collected from you;
• The right to request deletion of your Personal Information;
• The right to correct your Personal Information; and
• The right to be free from discrimination relating to the exercise of any of your privacy rights.

We don’t “sell” Personal Information or “share” Personal Information for cross-contextual behavioral advertising (as those terms are defined under applicable local law). We also don’t process sensitive Personal Information for the purposes of inferring characteristics about a consumer.

Exercising your rights: To the extent applicable under local law, you can exercise privacy rights described in this section by submitting a request throughsupport@thought.ly.

Verification: In order to protect your Personal Information from unauthorized access, change, or deletion, we may require you to verify your credentials before you can submit a request to know, correct, or delete Personal Information. If you do not have an account with us, or if we suspect fraudulent or malicious activity, we may ask you to provide additional Personal Information and proof of residency for verification. If we cannot verify your identity, we will not be able to honor your request.

Authorized agents: You may also submit a rights request through an authorized agent. If you do so, the agent must present signed written permission to act on your behalf and you may also be required to independently verify your identity and submit proof of your residency with us. Authorized agent requests can be submitted to support@thought.ly.

Appeals: Depending on where you live, you may have the right to appeal a decision we make relating to requests to exercise your rights under applicable local law. To appeal a decision, please send your request tosupport@thought.ly.

California Civil Code Section 1798.83 requires certain businesses that share customer Personal Information with third parties for the third parties’ direct marketing purposes to respond to requests from California customers asking about the businesses’ practices related to such information- sharing. We currently do not share Personal Information with third parties for their direct marketing purposes, as contemplated by California Civil Code Section 1798.83, without your consent.

A Note to Nevada Residents

If you are a resident of Nevada, you have the right to opt-out of the sale of certain Personal Information to third parties who intend to license or sell that Personal Information. Please note that we do not currently sell your Personal Information as sales are defined in Nevada Revised Statutes Chapter 603A.

A Note to Users Outside the United States

We are based in the United States. The Services are controlled and operated by us from the United States and are not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the laws of the country(ies) where the Services are controlled. Your Personal Information may be stored and processed in any country where we have facilities or in which we engage service providers, and by using the Services you consent to the transfer of information to countries outside of your country of residence, including the United States, which may have data protection rules that are different from those of your country. In certain circumstances, courts, law enforcement agencies, regulatory agencies or security authorities in those other countries may be entitled to access your Personal Information.

Legal basis for processing

Our legal basis for processing your Personal Information include:

• Performance of a contract with you when we provide and maintain our Services. When we process Account Information, Content, and Technical Information solely to provide our Services to you, this information is necessary to be able to provide our Services. If you do not provide this information, we may not be able to provide our Services to you.
• Our legitimate interests in protecting our Services from abuse, fraud, or security risks, or in developing, improving, or promoting our Services, including when we train our models. This may include the processing of Account Information, Content, Social Information, and Technical Information.
• Your consent when we ask for your consent to process your Personal Information for a specific purpose that we communicate to you. You have the right to withdraw your consent at any time.
• Compliance with our legal obligations when we use your Personal Information to comply with applicable law or when we protect our or our affiliates’, users’, or third parties’ rights, safety, and property.

The laws of certain jurisdictions may provide data subjects with various rights in connection with the processing of Personal Information, including:

• The right to withdraw any previously provided consent;
• The right to access certain information about you that we process;
• The right to have us correct or update any personal information;
• The right to have certain personal information erased;
• The right to have us temporarily block our processing of certain personal information;
• The right to have personal information exported into common machine-readable format;
• The right to object to our processing of personal information in cases of direct marketing, or when we rely on legitimate interests as our lawful basis to process your information; and
• The right to lodge a complaint with the appropriate data protection authority.

Where we are deemed a data controller under the laws of certain jurisdictions, we will take steps to help ensure that you are able to exercise your rights regarding Personal Information about you in accordance with applicable law. To do so, you may contact us at support@thought.ly. Please note these rights may be limited in certain circumstances as provided by applicable law. We will promptly review all such requests in accordance with applicable laws. Depending on where you live, you may also have a right to lodge a complaint with a supervisory authority or other regulatory agency if you believe that we have violated any of the rights concerning Personal Information about you. We encourage you to first reach out to us at support@thought.ly, so we have an opportunity to address your concerns directly before you do so.

Contact Us

If you have any questions about this Policy, you can contact us at support@thought.ly