Last Update Effective: March 6, 2020

Session AI, Inc. (“we”, “us” or “our”) values your privacy. In this Privacy Policy (“Policy”), we describe how we collect, use, and disclose information that we obtain about visitors to our website at www.sessionai.com (the “Site”). We aim to assist our visitors and users in making informed decisions when using our Site with clarity and transparency (including the rights afforded California residents as set forth by the California Consumer Privacy Act (“CCPA”)). For more information on CCPA, please see our California Privacy Notice below.  By visiting the Site, whether acting as an individual or on behalf of an entity (collectively, “you” or “your”), you agree that your personal information will be handled as described in this Policy. Our Privacy Policy does not cover information collected elsewhere, for example, sites, applications, destinations, or services linked to from the Site.

Personal Information We Collect About You

The Site collects some individually identifiable and other information (“Personal Information”) about you, your computer, mobile or other devices when you access, visit and/or use our Site. We collect Personal Information directly provided by you, from third parties, as well as automatically through your use of our Site. For example, if you complete our Contact form on the Site, we will collect your name, company name, email address, and phone number. We may also collect Personal Information from you when you request a demo or send us an email. In addition, we may collect similar Personal Information through messaging (e.g., email, SMS, chat, or other technologies). Subject to the consent of all participants, we may record telephone, SMS, or other conversations. You are not obligated to provide us with Personal Information on our Site; it is your choice. You may browse certain areas of the Site without providing us Personal Information, however, the content provided may be less specific to your requested information and/or service. We may collect information automatically; Personal Information as well as other information. Such information may include activity information tracked by cookies and other tracking technologies. Please refer to the section “Cookies and Other Tracking Technologies” below for more information. We may collect Personal Information about you, your use of our Site including online browsing information, as well as information about your computer, mobile or other devices. For example: pages you view on our site and the length of time of the visit to our Site. This information may also be combined with other Personal Information we have collected about you to enhance your browsing experience on our Site and for our marketing purposes. We will treat the combined information as Personal Information.

What Your Information May Be Used For

We use these tracking technologies and Personal Information we collect to provide our visitors and users exceptional experience that may include: our Site, products and services, respond to your inquiries and/or communicate marketing content. For example, we may use your email address to send news and newsletters, special offers, promotions, or to otherwise contact you about products and information, including career opportunities. We may use information we collected to assist us in advertising our Site and services on third party websites. We may also allow access to the information we collect to third parties that provide us with services, such as maintenance, research and analytical purposes, and recruiting.

Our Use of Cookies and Other Tracking Technologies

We and our third party service providers use Cookies and other tracking technologies to track information about your use of our Site. This information may be combined with other Personal Information collected. Currently, our systems do not recognize browser “do-not-track” requests. You may, however, disable certain tracking as discussed in this section (e.g., by disabling cookies), but such disabling will affect your experience on our Site. Cookies are alphanumeric identifiers transferred to your computer’s hard drive through your web browser for record-keeping purposes. Some cookies allow us to make it easier for you to navigate our Site and services, while others are used to enable a faster log-in process or to allow us to track activities at our Site and services. We may use both Session Cookies, which exist only during an online session and disappear from your computer when you close your browser or turn off your computer; and Persistent Cookies, which remain on your computer after closing the browser or turning off the computer and are used for collection of statistical information about user activity. Disabling Cookies – Most web browsers automatically accept Cookies; if you prefer, you can edit your browser options to block them in the future. The Help portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Disabling cookies may prevent browsing certain areas of the Site and overall impair your online experience on our Site. The length of time we retain Personal Information will be determined by the type and use of the information we have collected and shall be kept for the duration necessary for us to provide our services, comply with our legal obligations, resolve disputes, and enforce policies.

How We Share Your Information

We may share your Personal Information with the following parties:

• Affiliates. We may disclose the information we collect from you to our affiliates, subsidiaries, and/ or joint ventures, solely for the purpose of providing our Site and our products and services to you; however, if we do so, the use and disclosure of your Personal Information will be maintained by such affiliates and subsidiaries in accordance with this Policy.
• Service Providers. We may disclose the information we collect from you to third party vendors, service providers, contractors or agents who perform functions on our behalf. Any Personal or other information we disclose will, if and when required by law, be governed by a data processing agreement, in accordance with the applicable data protection and privacy legislation.
• Business Transfers. If we are acquired by or merged with another company if substantially all of our assets are transferred to another company, or as part of a bankruptcy proceeding, we may transfer the information we have collected from you to the other company.
• Third party Analytics. We use automated devices, applications and other analytic means to evaluate usage of our Site. We use these tools to help us improve our Site, performance and user experiences. These entities may use cookies and other tracking technologies to perform their services.
• Third-Party Links and Customer Use of Services. Our Site may contain links to third party websites. Any access to and use of such linked websites is not governed by this Privacy Policy but instead is governed by the privacy policies of those third party websites. We are not responsible for the information practices of such third party websites. In addition, we may provide certain products or services (collectively, “Services”) to our customers for data processing and analytics purposes relating to interactions by their end customers with their mobile and other applications; these Services are governed by separate agreements and not by this Policy. We act as a service provider to such customers under the CCPA and do not resell the Personal Information we may collect through the Services. Any information collected by us through those Services is subject to the privacy policies of our customers. Any questions or concerns regarding such data collection practices should be directed to those customers and not to us. If you are a customer using our Services, you are responsible for ensuring that you have all required permissions and consents to provide any information relating to your end customers to us for use in connection with the Services and that our use of such information relating to your end customers to provide the Services does not violate any applicable law, rule, regulation or order.
• In Response to Legal Process. We also may disclose the information we collect from you in order to comply with the law, a judicial proceeding, court order, or other legal processes, such as in response to a subpoena.
• To Protect Us and Others. We also may disclose the information we collect from you where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of this Policy, or as evidence in litigation in which we are involved. We reserve the right to access, use, and share with others Personal Information for purposes of health, safety, and/or public interest.
• Aggregate and De-Identified Information. We may share aggregate or de-identified information about users with third parties and publicly for marketing, advertising, research or similar purposes.

With the exception of the above circumstances, we will not sell, share, rent, or distribute your Personal Information with/to any third parties for their direct marketing purposes without acquiring your consent. Note that if you have opted out of disclosing your email address and/or giving us the ability to use your email address, we may share this decision with third parties to put into force your decision.

Security of your Personal Information

We have implemented commercially reasonable precautions to protect the information we collect from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Please be aware that despite our efforts, no data security measures can guarantee 100% security. You should take steps to protect against unauthorized access to your password, phone, and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, and keeping your log-in and password private. We are not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorized password activity.

Access To My Personal Information and Choices Regarding the Use of My Personal Information

We have a policy in place for you to opt-out of information sharing. You may acquire/modify personal information that you have submitted to us by contacting us at privacy@sessionai.com. As a visitor or user to our Site, at any time you have the right to:

• Receive confirmation as to whether or not Personal Information concerning you is being processed
• Receive a copy of Personal Information you have directly disclosed to us in a structured, commonly used and machine-readable format
• Request to modify your Personal Information that is in our control
• Request erasure of your Personal Information
• Object to the processing of Personal Information by us
• Request to restrict processing of your Personal Information by us
• File a complaint.

Please note that these rights may be subject to legitimate business interests and regulatory requirements. Also note that copies of information that you have updated, modified or deleted may remain viewable in cached and archived pages of the Site for a period of time. For California residents, we describe in the California Privacy Notice specific rights you may have under the CCPA. We may send periodic promotional or informational emails to you. You may opt-out of such communications by following the opt-out instructions contained in the email. Please note that it may take up to 10 business days for us to process opt-out requests. Session AI will use reasonable efforts to process opt-out requests in a timely manner. You should be aware, however, that it is not always possible to completely remove or modify information in our subscription databases. If you opt-out of receiving emails about recommendations or other information we think may interest you, we may still send you emails about your account or any Services you have requested or received from us. As of January 1, 2020, California residents will be granted the right not to be discriminated against for having exercised their rights under the CCPA.

Children Under 13, Parents, and CA Customers Privacy Rights

Our Site is not designed to be used by children under 13. We do not knowingly collect any Personal Information from children under 13. Should a parent or guardians discover that such information has been disclosed, please contact us at privacy@sessionai.com and we will delete such information from our systems.

Contact Us

Please contact us at privacy@sessionai.com if you have questions about the privacy aspects of our Site or would like to make a complaint.

California Privacy Notice

This California Privacy Notice supplements the Policy and contains the disclosures required under the California Consumer Privacy Act (“CCPA”). For individuals who are California residents, the CCPA requires certain disclosures about the categories of personal information we collect and how we use it, the categories of sources from whom we collect personal information, and the third parties with whom we share it. Please note that for California residents, the term Personal Information means information that identifies, relates to, describes, is reasonably capable of being associated with or could reasonably be linked, directly or indirectly, with a particular consumer or household as defined in the CCPA. All other capitalized terms have the same meanings as given them in the Policy. If you are a California resident who has provided Personal Information to us, or a California resident that reasonably believes that we collected or store their Personal Information, you may exercise your rights under the CCPA and submit your requests in one of the following methods: (a) by sending an email to privacy@sessionai.com; (b) by calling the following toll free number (408) 502-7077. NOTE: we do not sell your Personal Information as that term is defined in the CCPA or under Nevada Law (Section Chapter 603A of the Nevada Revised Statutes). You have the right to request us to:

1. Disclose if we have collected Personal Information on you;
2. Disclose the categories of Personal Information that we have collected on you (if any); the categories of sources from which the Personal Information is collected; the business or commercial purpose for collecting or selling Personal Information; and the categories of third parties with whom the business shares Personal Information;
3. Disclose the specific pieces of Personal Information that we have collected on you (if any); and
4. Delete Personal Information we have collected on you (if you satisfy the conditions set out in the CCPA).

In order to submit a request, we will need to verify your identity. If you have an account with us that is password-protected, we may verify your identity through our existing authentication practices for your account. If you do not have an account with us, and your request concerns “categories” of Personal Information collected, we can request from you two data points of Personal Information to verify your identity. If you do not have an account with us, and your request concerns specific Personal Information, we can request from you at least three data points of Personal Information as well as a signed declaration with penalty of perjury to verify your identity. Please note that following your verified request, we will send you your Personal Information from the following email address: privacy@sessionai.com (Any response to your request, including any Personal Information may be sent as an encrypted file). Please note that once you have submitted a request, we will send you a receipt, acknowledging your request, within 10 days. If, for some reason, you do not receive such a receipt within 10 days of your submitted request, please send us an email to privacy@sessionai.com as an error may have occurred. We will process and respond to your request within 45 days after it is received (in some cases, as is allowed under the CCPA, this process may be extended by an additional 45-90 days). Please note, that regarding requests under subsections (a), (b), and (c) above, you may only make two requests in a 12-month period, and the information provided need only cover the 12-month period prior to your request. As a California resident, you also have the right to designate an agent to exercise these rights on your behalf. We may require proof that you have designated the authorized agent to act on your behalf and to verify your identity directly with us. Please contact us at privacy@sessionai.com for more information if you wish to submit a request through an authorized agent. We hereby inform you that if you exercise any of your rights under the CCPA we may not deny you goods or services for that reason, or subject you to different prices than those paid by other consumers, unless provided otherwise under the CCPA, Federal, or State law.

Notice of Information We Collect

Pursuant to California Civil Section 1798.100(b), this serves as notice of the categories of Personal Information that we collect through the Site and Services and the commercial purposes for which the information was collected. Please note that all of the categories of Personal Information we collect about you come from the following categories of sources:

• You, including through your use of our Site or Services
• Automatically collected from you
• Our affiliate companies.
• Third parties such as service providers that might have access to some information

In particular, we may have collected the following categories of Personal Information from California consumers within the last twelve (12) months:

1. Identifiers. This includes information like real name, alias, postal address, online and browsing identifiers, account name, or other similar identifying information. We typically collect this information to evaluate requests to get in touch with you; for example, when requesting a product trial or demo, signing up for a webinar, or submitting a job application. The information helps us determine the nature of your request and provide assistance.
2. Personal. This includes information from categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)) like your name, address, and telephone number. Some personal information included in this category may overlap with other categories. We typically collect this information through one of the forms on our Site. For example: information submitted with a job application for a Career opportunity through our Site helps us assess your interest so it reaches the right team member.
3. Internet or other similar network activity. This includes your browsing history and tendencies, search history, and other interactions with our Site, application, or advertisements. This is mostly used for data analytics for our own marketing purposes, and enables us to engage in relevant and timely manner, and overall tailor a better online experience for our Site users.
4. Geolocation data. This includes your physical location or movements. This is mostly used for data analytics and marketing purposes. The information helps analyze our Site’s performance. For example: your location information helps us engage with relevance so we can tailor a personalized online experience.
5. Sensory data. This category includes some electronic, or similar information that we may collect about your interactions with our Site. This information might be used for our own marketing purposes and data analytics.
6. Inferences drawn from other Personal Information. This might include your profile information reflecting your preferences, characteristics, trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. This information helps us incorporate your personal preferences on how you want to engage with us. It helps us enhance the way you experience our Site.
7. Professional or employment-related information. This category includes information like your job history, performance evaluations, and other employment related information; including your eligibility to work in the United States. This is information you decide to provide us when you submit a job application through our Site and is used for recruiting purposes. We discourage submitting information that contains classification characteristics that are protected under California or Federal law and/or non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C Section 1232g, 34 C.F.R. Part 99)).

Notice of Disclosures of Personal Information for a Business Purpose

In the preceding 12 months, we may have disclosed certain Internet, network, browsing activity, and other inferenced information to third party service providers; primarily data analytics for our own marketing purposes. When/if we disclose Personal Information for a business purpose to a third party, we enter a contract that describes the purpose. We take measures to assure the recipient handles that Personal Information in accordance with privacy legislation and that it is used solely for the purpose of performing the contract. California Resident – California Civil Code Section 1798.83(c)(2) enables you to request information from Session AI pertaining disclosure of your Personal Information to third parties for their direct marketing purposes. You may make one such request per calendar year by emailing us at privacy@sessionai.com.

Changes to this Policy

This Policy is current as of the Effective Date set forth above. We may change this Policy from time to time, so please be sure to check back periodically. We will post any changes to this Policy on the Site. If we make any changes to this Policy that materially affect our practices with regard to the Personal Information we have previously collected from you, we will endeavor to provide you with notice in advance of such change by highlighting the change on our Site or if you have an account with us, providing notice to the email address in your account (for this reason you should make sure to update your account information promptly if it changes).