Privacy Policy

Last edited on April 30, 2024

This Privacy Policy (the “Policy”) describes the privacy practices of The Somatica Institute and Somatica LLC (“Somatica,” “us,” “we”), and the ways we collect, store, use, and protect your personal and non-personal information on our websites (“Websites”) which link to this Policy including, without limitation, https://www.somaticainstitute.com/, https://www.sexcoaching.com/, https://www.celesteanddanielle.com/, and all of the products and services contained and offered on those Websites, software, Chatbot, and applications (“Services”), regardless of from where you visit or access them. The Services can be accessed through our Websites and from Devices, applications on Devices, and through third parties. A “Device” is any computer used to access the Services, including, without limitation, a desktop, laptop, mobile phone, tablet, or other consumer electronic device.

This Policy governs your access to and use of the Services regardless of how you access them, and by using our Services you consent to the collection, transfer, processing, storage, disclosure, and other uses of your information as described in this Policy. By using our Services, you agree to the collection, storage, and use of your information and data in accordance with this Policy. We recommend that you read this Policy carefully before using our Services, or when transacting with us. By using our Services, you are accepting the practices described in this Policy.

For questions or feedback regarding this Policy or our privacy practices, please email us at [email protected].

Somatica operates https://www.somaticainstitute.com/, https://www.sexcoaching.com/, https://www.celesteanddanielle.com/, and may operate other websites. It is Somatica’s policy to respect your privacy regarding any information we may collect while operating our Services.

Somatica, a California limited liability company, values its user(s)’ privacy. This Policy will help you understand how we collect and use personal and non-personal information from those who visit our Websites and/or make use of our online facilities and Services, and what we will and will not do with the information we collect. Our Policy has been designed and created to ensure those affiliated with Somatica of our commitment and realization of our obligation not only to meet, but to exceed, most existing privacy standards.

We reserve the right to make changes to this Policy at any given time. If you want to make sure that you are up to date with the latest changes, we advise you to frequently visit this page. If at any point Somatica decides to make use of any personal or non-personal information on file in a manner significantly different from that which was stated when this information was initially collected, the User or Users of our Services (“you,” “user,” or “user(s)”) shall be promptly notified by email. User(s) at that time shall have the option as to whether to permit the use of their information in this separate manner.

This Policy applies to use of the Websites and all related Services, and it governs any and all information collection and usage by Somatica. Through use of our Services, you are therefore consenting to the information collection procedures expressed in this Policy.

Please note that this Policy does not govern the collection and use of information by companies that Somatica does not control, nor by individuals not employed or managed by Somatica. If you visit a website that we mention or link to, be sure to review its privacy policy before providing that website with information. It is highly recommended and suggested that you review the privacy policies and statements of any website(s) you choose to use or frequent to better understand the way in which websites garner, make use of, and share the information collected. We cannot be held responsible for the privacy and/or data collection procedures of any websites to which our Websites and/or Services links to or refers.

1. INFORMATION WE COLLECT AND CONTROL

All of the different forms of data, content, and information described below are collectively referred to as “Information.” We may collect and store the following Information when you access and/or use our Services.

To access and use our Services, we collect some Information. It is always up to you whether or not to disclose Information to us, although if you elect not to do so, we reserve the right not to register you as a user nor to provide you with any of our products or Services. Our Services collect various types of Information, such as: (1) Voluntarily provided Information which may include your name, address, email address, billing and/or credit card information, etc., which may be used when you purchase products and/or services, and to deliver the Services you have requested; and (2) Information automatically collected when visiting our Websites and/or accessing or using the Services, which may include cookies, third-party tracking technologies, and server logs.

We collect Information from individuals who visit the Websites (“Visitors”). You do not need to register or apply for a Service in order to review the content on our Websites as a Visitor.

In addition to the personally-identifiable Information you choose to disclose, Somatica may have the occasion to collect non-personally-identifiable anonymous demographic Information, such as age, gender, household income, political affiliation, and race and religion, as well as the type of browser you are using, your Internet Protocol (IP) address, or your type of operating system, all of which will assist us in providing and maintaining superior quality Services.

Somatica may also deem it necessary from time to time to follow websites that our user(s) may frequent to determine what types of services and products may be the most popular to customers or to the general public.

2. INFORMATION YOU PROVIDE

PERSONAL INFORMATION. When you access and/or use our Services, we collect some personal information, including your name, email address, home or business address, and phone number. This information may be stored on databases hosted by a cloud platform such as Amazon AWS or Microsoft Azure, or may be hosted on servers owned and operated by Somatica. we use this information to provide you the Services you request and/or for which you register or apply, and for the purpose of contacting you to provide technical support related to the Services. We also collect your credit card and/or bank account details. This information is stored on the Somatica payment processing service which processes your payments for our Services. The information described in this paragraph is referred to collectively as “Personal Information.” Please rest assured that our Services will only collect Personal Information that you knowingly and willingly provide to us by way of surveys, applications, registrations, text messages, completed membership forms, Chatbot interactions, and emails. It is the intent of our Services to use Personal information only for the purpose for which it was requested, and for any additional uses specifically provided for in this Policy.

NON-PERSONAL INFORMATION. We collect the email addresses of people whom you may assign to pay your Somatica bills, and email addresses of people with whom you share your files or to whom you offer consulting services. We collect information related to your business type, number of employees, and revenue of your business, all of which you may optionally provide. We use this information for gathering market data and deciding upon future product or Service offerings. This information is stored in databases hosted by Amazon AWS, Microsoft Azure, or similar cloud services. The information described in this paragraph is referred to collectively as “Non-Personal Information.” Personal Information and Non-Personal Information are referred to collectively as “Information.”

3. INFORMATION COLLECTED AUTOMATICALLY

We collect information related to your Device(s) and its software when using the Services automatically, and store it in databases hosted by Amazon AWS, Microsoft Azure, or similar cloud services. This information includes Internet Protocol (IP) addresses, type of operating system, number of folders and files that are shared, names of folders and files, upload and download status, history versions of files, configuration information of the software installed on your Device, times at which the software accessed server software, the number of messages sent by you or your clients, and the times at which those messages were sent. We use this information for the purpose of diagnostics and troubleshooting to be able to provide quality support and maintenance to our customers.

As is true of most websites, we gather certain non-personally identifiable information from your Device and its software when using the Services automatically, and store that information in log files. This information includes Internet Protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, information you search for on our Websites and/or Services, your mobile carrier, your operating system and system configuration information, date/time stamps, click stream data, and other fields. We use this information to analyze trends, to administer the Websites and Services, to track user(s)’ and Visitor(s)’ movements around the Websites and the Services, and to gather demographic information about our user base as a whole.

4. FILES

We collect and store the computer files you upload, download, or access with the Services (“Files”). These Files are stored on Amazon AWS, Microsoft Azure, or similar cloud services. Your Files can be downloaded and accessed by the user(s) with whom you share the folders containing the Files by providing their email address or other contact information through our Services.

5. TRACKING TECHNOLOGIES AND COOKIES

A Cookie is a string of information that a website stores on a visitor’s or user’s computer, and that the visitor’s or user’s browser provides to the website each time the visitor or user returns. We use Cookies and similar tracking technologies to help us identify and track usage of our Services, and to identify and track Website access preferences requested by Somatica Visitors and user(s) who do not wish to have Cookies placed on their Device(s). The latter should set their browsers to refuse Cookies before using Somatica’s Websites and/or Services, with the drawback that certain features of our Websites and/or Services may not function properly without the aid of Cookies. Refusing all Cookies may result in the Website and/or Services being unable to function properly or at all. We use Cookies and similar tracking technologies to track user(s)’ and Visitor(s)’ activity on the Services and store certain information, and are used to perform certain pieces of functionality of the Websites and Services. Tracking technologies used include beacons, tags, and scripts to collect and track Information and to improve and analyze the Services. The technologies we use may include:

COOKIES OR BROWSER COOKIES. A Cookie or Browser Cookie is a small file placed on your Device(s). 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 parts or all of our Services. Unless you have adjusted your browser setting so that it will refuse Cookies, our Services may use Cookies.

WEB BEACONS. Certain sections of our Services and our emails may contain small electronic files known as Web Beacons (also referred to as clear gifs, pixel tags, and single pixel gifs) that permit us, for example, to count user(s) or Visitor(s) who have visited those Websites, pages, Services, or opened an email, and for other related website statistics (for example, to record the popularity of a certain section and to verify system and server integrity).

Cookies can be “Persistent” or “Session” Cookies. Persistent Cookies remain on your Device(s) when you go offline, while Session Cookies are deleted as soon as you close your web browser.

Although not required in every jurisdiction internationally, some jurisdictions require you to expressly and explicitly consent to having Cookies loaded onto your Device(s). Allowing user(s) and Visitor(s) to provide voluntary consent through a Cookie Popup or Cookie Consent Banner unbundled with any other Terms of Service or Privacy Policies when visiting the Websites or before using the Services is compliant with these regulations. Before using our Services, user(s) and Visitor(s) must expressly and explicitly consent to or opt-out of our Cookie Policy by agreeing to it through an automated popup which appears when accessing or visiting the Websites, whereby you agree that Cookies will be loaded onto your Device(s), what Cookies the Websites use, their purpose, who provides the Cookies, how users can set Cookie preferences, and to what the user(s) or Visitor(s) are consenting. Not consenting to our Cookie Policy through this popup may limit the Services we are able to provide you. To assure compliance with regulations governing Cookies under the General Data Protection Regulation (GDPR) of the European Union (EU), which imposes obligations on organizations that target or collect Information related to people within the EU, and the Privacy and Electronic Communications Directive 2002/58/EC (“ePrivacy Directive”), we are required to receive user(s)’ and Visitor(s)’ consent before we use any Cookies and store any Cookies in user(s)’ and Visitor(s)’ browsers, including both first-party Cookies and third-party Cookies, except for strictly necessary Cookies (which are those necessary for website(s) and application(s) to function properly), through a Cookie Banner requesting your voluntary consent to our Cookie Policy.

Cookies may directly or indirectly identify you as an individual visitor. This is because the information collected is typically linked to a pseudonymous identifier associated with the Device(s) you use to access the Websites and/or Services. We may also use Cookies to test new Websites, pages, Services, new features, or new functionalities of the Websites and/or Services to see how user(s) and Visitor(s) react to them.

6. TESTIMONIALS

We collect testimonials and video clips from our user(s) and Visitor(s) who are willing to provide such information, and who have given us permission to display them on our Websites and/or Services. They are stored on the same systems on which our Websites are hosted. Testimonials can be viewed by user(s) and Visitor(s) of our Websites and/or Services.

7. HOW WE USE INFORMATION

In addition to those uses of Information discussed above, we also use Information in the following ways:

PERSONAL INFORMATION. Personal Information, including your name, email address, phone number, and address may be used to: (1) Set up your account with the Services for which you registered and/or applied and to provide you those Services; (2) Provide and improve our Services; (3) Better understand your needs and interests; and (4) Personalize and improve your experience while using the Services

SERVICE-RELATED NOTIFICATIONS FOR CUSTOMERS. We will send you notifications related to the Services as necessary to administer your use of the Services. For example, we will send you an email notification when your account is set up, and/or after you register or apply for the Services you request, when a password is required to be sent, or when a bill has become due. We will send you email notifications as we add software updates to our Services. These emails are necessary for the maintenance of your account(s) with us as you use the Services, and cannot be disabled as long as your account(s) with us are active. If you do not wish to receive such Services-related notifications and wish to cancel your account(s), please follow the instructions given within this Policy.

BUSINESS INFORMATION. User(s) use our Services to upload and share computer files that may contain business data, financial information, project data, architectural designs, etc. related to their business (“Business Information”). That Business Information is considered confidential to our user(s). We will not review, share, distribute, or reference any such Business Information except for the purpose of resolving a problem, providing customer support, or to investigate a suspected violation of our business or Policies.

BILLING INFORMATION. All billing information such as credit card and bank details that we collect are used solely to bill for our Services. We use a third-party credit card processor to assist us in processing user(s)’ payments. This processing partner is not permitted to store, retain, or use the Information provided, except for the sole purpose of credit card processing or collecting payments.

8. SPECIAL OFFERS AND UPDATES

With your prior express consent, we will occasionally send you new information regarding our Website, webinars, Services, or new product and/or service offerings. We will use your Personal Information to send these communications to you. Out of respect for your privacy, you must expressly opt-in to receiving these types of communications if you prefer to hear from us. We will not send you these communications otherwise. After receiving your consent to receive these communications, you may opt-out of this Service at any time and for any reason, and we will immediately cease sending such communications to you. If you would prefer not to hear from us, you can choose not to receive these types of communications.

9. WHY WE COLLECT INFORMATION AND FOR HOW LONG

We are collecting your Information for several reasons: (1) To better understand your needs and to provide you with the Services you require and/or request; (2) To fulfill our legitimate interest in improving our Services and products; (3) To send you promotional emails containing information we think you may like when we have your consent to do so; (4) To contact you to fill out surveys or to participate in other types of market research, when we have your consent to do so; (5) To customize the Websites and/or Services according to your online behavior and your personal preferences.

The Information we collect from you will be stored for no longer than necessary. The length of time we retain said Information will be determined based upon the following criteria: (1) The length of time your Personal Information remains relevant; (2) The length of time it is reasonable to keep records to demonstrate that we have fulfilled our duties and obligations; (3) Any limitation periods within which claims might be made; (4) Any retention periods proscribed by law or recommended by regulators, professional bodies, or associations; (5) The type of contract we have with you; (6) The existence of your consent; and (7) Our legitimate interest in keeping such Information as stated in this Policy.

As we offer our Services directly to our end user(s) and our Services offer many different experiences, we need to collect and process Information so that: (1) User(s) can subscribe to, apply for, or register to use our Services online regardless of Device used; (2) We can send user(s) any information they have asked us for, or answer their questions; (3) We can ask user(s) to give us feedback on our Services through questionnaires and surveys; (4) We can provide our user(s) with relevant marketing information about our Services; (5) To improve and supplement our matching algorithms; (6) To display relevant public facing information for user profiles (such as professional data and videos/images) to other user(s) of the Services, analytical purposes, and/or marketing purposes.

We generally retain your Information as long as reasonably necessary to provide you the Services or to comply with appliable law. We can retain copies of Information about you and any transactions or Services in which you may have participated for a period of time that is consistent with applicable law, applicable statutes of limitation, or as we believe is reasonably necessary to comply with applicable law, regulation, legal process, or governmental request; to detect or prevent fraud; to collect fees owed; to resolve disputes; to address problems with our Services; to assist with investigations; or to take any other actions consistent with applicable law.

We may share the Information we collect about you as described in this Policy, or as described at the time of collection or sharing, including as follows: (1) With third-party service providers to enable them to provide the Services you request, such as channel partners, Application developers, and/or analytics; (2) With the general public if you submit content in a public forum (such as through social media websites such as Google, Facebook, Twitter, Instagram, and LinkedIn) for reviews, comments, and social media posts, or with other features of our Services that are viewable by the general public; (3) With third parties with whom you choose to let us share your Information, for example, with other applications or websites that integrate with our API or Services, or those with an API or services with which we integrate.

We will share no more Information than is necessary to enable third-party providers to provide the Services requested.

11. USE OF INFORMATION COLLECTED

We do not now, nor will we in the future, sell, rent, or lease any of our customer lists and/or names to any third parties.

We may collect and make use of Personal Information to assist in the operation of our Services, and to ensure delivery of the Services you need and request. At times, we may find it necessary to use Personal Information as a means to keep you informed of other possible products and/or Services that may be available to you from our Websites and/or Services.

We will only use or disclose a user(s)’ personally-identifiable Information with that user(s)’ express consent. User(s) are not automatically opted-in to such consent, and must expressly consent to use or disclosure of their personally-identifiable Information when using our Services.

We may also be in contact with you with regards to completing surveys and/or research questionnaires related to your opinion(s) of current or potential future products and/or Services that may be offered.

We use various third-party social media features and other interactive programs. These may collect your IP address and require Cookies to work properly. These services are governed by the privacy policies of those providers and are not within Somatica’s control.

12. DISCLOSURE OF INFORMATION

We may not use or disclose the Information provided by you except under the following circumstances: (1) As necessary to provide the Services or products for which you have registered, applied, or requested; (2) In other ways described in this Policy or to which you have otherwise consented; (3) In the aggregate with other Information in such a way that your identity cannot reasonably be determined; (4) As required by, or in response to, a subpoena or a search warrant; (5) To outside auditors who have agreed to keep the Information confidential; (6) As necessary to enforce our Terms of Service; (7) As necessary to maintain, safeguard, and preserve all the rights and properties of Somatica.

We may disclose your Information to: (1) Any person who, in our reasonable judgment, is authorized to receive your Information as your agent, including as a result of your business dealings with that person (for example, your attorney); (2) Our third-party partners and service providers so that they may provide support for our internal and business operations, including: (a) Handling of data processing; (b) Data verification; (c) Data storage; (d) Surveys; (e) Research; (f) Internal Marketing; (g) Delivery of promotional, marketing, and transactional materials; and (h) Our Services’ maintenance and security. These third-party partners and service providers are authorized to use your Information only as necessary to provide these services to us and our Services to you, and these third-parties are contractually obligated to keep your Information confidential: (1) As we deem necessary, in our sole discretion, if we believe that you are violating any applicable law, rule, or registration, or are otherwise interfering with another’s rights or property, including, without limitation, our rights and property; (2) If requested by authorities in the event of any act of terrorism, or instance of local, regional, or national emergency; (3) To enforce our Terms of Service, this Policy, and any other applicable agreements and policies; and (4) To enforce or to protect our rights.

When we disclose Personal Information for a business purpose or for a commercial purpose, we enter into a contract that describes the purpose and requires the recipient to both keep that Personal Information confidential and not to use it for any purpose except for performing that contract.

13. COMPLIANCE

We may access, read, preserve, and disclose any Information that we reasonably believe is necessary to comply with law or court order, or to protect the rights, property, or safety of us, our employees, our user(s), or others.

14. ANALYTICS AND ADVERTISING SERVICES PROVIDED BY OTHERS

Advertisements appearing on any of our Websites and/or Services may be delivered to user(s) by advertising partners, who may set Cookies. These Cookies allow the advertisement server to recognize your Device(s) each time they send you an online advertisement to compile information about you or about others who use your Device(s). This information allows advertising networks to, among other things, deliver targeted advertisements that they believe will be of most interest. This Policy covers the use of Cookies by us and does not cover the use of Cookies by any advertisers.

We may allow others to provide user measurement and analytics services for us, to serve advertisements on our behalf across the Internet, and to track and report on the performance of these advertisements. These estimates may use Cookies, Web Beacons, software development kits (SDKs), and other technologies to identify your Device(s) when you visit our Websites and/or access or use our Services, as well as when you visit other websites and access or use other services.

15. SERVICE PROVIDERS

We may employ third-party companies and third-party individuals to facilitate our Services, to provide the Services on our behalf, to perform Services-related services, and to assist us in analyzing how our Services are being used. These third parties have access to your Information only to perform specific tasks for the purposes of providing the Services.

16. NON-MARKETING PURPOSES

We greatly respect your privacy. We do maintain and reserve the right to contact you if needed for non-marketing purposes (such as bug alerts, security breaches, account issues, and/or changes to our products and Services). In certain circumstances, we may use the Websites, Services, newspapers, or other public means to post a notice.

17. OUR POLICY TOWARDS CHILDREN

Our Services are not directed to, and do not knowingly, collect Personal Information from persons under the age of eighteen (18). If it is determined that such Personal Information has been inadvertently collected on anyone under the age of eighteen (18), or if we become aware that a child under the age of eighteen (18) has provided us with Personal Information, we shall immediately take the necessary steps to ensure that such Personal Information is deleted from our system’s database, or in the alternative, that verifiable parental consent is obtained for the use and storage of such Personal Information. Anyone under the age of eighteen (18) must seek and obtain parent(s)’ or legal guardian(s)’ permission to use the Websites and Services. If a parent or legal guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us at [email protected].

18. YOUR RIGHTS IN RELATION TO THE PERSONAL INFORMATION WE COLLECT

You have the right to access, correct, delete, restrict processing, and object to processing of your Personal Information. If you wish to: (1) Update, alter, delete, or obtain a copy of your Personal Information that we hold; (2) Restrict or stop us from using any of the Personal Information which we hold about you, including by withdrawing any consent you have previously given to the processing of such Personal Information, unsubscribing, or opting-out; or (3) Where any Personal Information has been processed on the basis of your consent or as necessary to perform a contract to which you are a party, request a copy of such Personal Information in a suitable format, email us at the address indicated at the end of this Policy. We endeavor to respond to such requests within thirty (30) days or less, although we reserve the right to extend this period for complex requests and due to other circumstances.

Please note that, if you request that we restrict or stop using Information we hold about you, or withdraw a consent you have previously given to the processing of such Information, this may affect our ability to provide the Services to you or may negatively impact the Services we can provide to you and your experience of the Services. We reserve the right to deny you access to the Services for any reason permitted under applicable law(s). Such exemptions may include national security, corporate finance, and confidential references. If we deny you access or correction to the Services, we will provide you with written reasons for such denial unless it is unreasonable to do so, and, where required by local data protection laws, will note your request and the denial of same in our records.

19. OUR COMMITMENT TO YOUR PRIVACY

To make sure your Personal Information is secure, we communicate our privacy and security guidelines to our employees and strictly enforce privacy safeguards within Somatica.

20. CHANGES TO PERSONAL INFORMATION

If your Personal Information changes, you may correct or update it through our Services. Although most changes are likely to be minor, we may change the contents of this Policy from time to time and in our sole discretion. We encourage user(s) and Visitor(s) to frequently check this page for any changes to our Policy. If you have an account or have requested, registered, or applied for any of our Services, you may also receive an alert informing you of such changes. Your continued use of our Services after any change in this Policy will constitute your acceptance of such change(s).

We reserve the right to modify this Policy at any time. If we make material changes to this Policy, we will notify you here, and also as necessary via email. By continuing to use our Services after those changes become effective, you agree to be bound by the revised Policy.

21. DATA RETENTION

We will retain your Information for as long as needed to provide you the Services. If you wish to cancel your account with us or request that we no longer use your Information to provide you Services, you may contact us through the Services or by email. In most cases, we will close your account with us within forty-eight (48) hours of your request. In some cases, we may close your account with us after validating your request to avoid erroneous closures resulting in the loss of Business Information. After your account is closed, Files uploaded to your account will be deleted after thirty (30) days, if there are no other user(s) sharing and using these Files.

22. LINKS TO OTHER WEBSITES

Our Websites and Services may contain links to affiliates, third parties, and other websites and/or services. These parties maintain their own policies regarding Cookies and the collection and use of your Information. We do not claim nor accept responsibility for any privacy policies, practices, and/or procedures of other such affiliates, third parties, websites, and/or services. Therefore, we encourage all user(s) and Visitor(s) to be aware when they leave our Websites and to read the privacy policies of every website that collects Personal Information. This Policy applies only and solely to the Information collected by our Services.

23. SECURITY

The security, integrity, and confidentiality of your Information is extremely important to us. We utilize robust security measures to protect your Information from unauthorized access. Your Information will be stored on a secure and dedicated third-party cloud storage or on cloud storage owned and maintained by us.

We take precautions to protect your Information. When you submit sensitive Information via the Services, your Information is protected both online and offline. Whenever we collect sensitive Information (e.g., credit card information), that Information is encrypted and transmitted to us in a secure way. You can verify this by looking for a lock icon in the address bar and looking for “https” at the beginning of the address of the webpage. While we use encryption to protect sensitive Information transmitted online, we also protect your Information offline. Only employees who need the Information to perform a specific job (for example, billing or customer service) are granted access to Personal Information. The computers and servers in which we store Personal Information are kept in a secure environment. This is done to prevent any loss, misuse, unauthorized access, disclosure, or modification of the user(s)’ Personal Information under our control.

We strive to implement and maintain reasonable, industry-standard secure storage technologies and commercially acceptable procedures and practices appropriate to the Information we store, in order to protect it from unauthorized access, destruction, use, modification, or disclosure. We follow generally accepted standards to protect the Information submitted to us, both during transmission and once we receive it. Sensitive Information is encrypted and web site connections are protected using secure socket layer (SSL) technology with a minimum of 128-bit symmetric encryption and a 1024-bit authenticated key agreement. Our Websites are hosted in a secure server environment that uses multi-layer perimeter security, including firewalls and other advanced technology, to prevent interference or access from outside intruders.

No method of electronic transmission or storage is 100% secure. Therefore, we cannot guarantee the absolute security of your Information, or guarantee that your Information on the Services may not be accessed, disclosed, altered, or destroyed by unauthorized persons, or by hardware or software failure. Further, please be aware that no method of transmission over the Internet, or method of electronic storage, is 100% secure. We are unable to guarantee the absolute security of the Information we collect from you.

Our user(s), employees, and partners also play an important role in protecting your Information. We encourage user(s) to choose passwords and other forms of user credentials for authentication that are difficult for others to guess and to keep personal passwords and credentials secret.

Our user(s) are solely responsible for their interactions with other user(s). User(s) understand that we do not make criminal checks or otherwise inquire into the background of users.

Should you notice any flaws or concerns in our security, please contact us at [email protected]. If we ever experience a data breach in which Information is at risk of being misused, we will contact user(s) according to legal requirements. If necessary, we will also contact data protection authorities.

24. BUSINESS TRANSITIONS

In the event Somatica goes through a business transition, such as a merger, acquisition by another company, or a sale of all or a portion of our assets, your Information may be among the assets transferred as part of that transaction. We will notify you (for example, via email or via a prominent notice on our Website) of any change in use or control of your Information or your Files, or if either becomes subject to a different privacy policy.

25. AGGREGATED STATISTICS

We may collect statistics about the behavior of user(s) and Visitor(s) of our Services. We may display this Information publicly or provide it to others. We do not disclose Personal Information other than as described below.

26. PROTECTION OF CERTAIN PERSONAL INFORMATION

We disclose Personal Information only to those of our employees, contractors, and affiliated organizations that: (1) Need to know that Personal Information in order to process it on our behalf or to provide our Services; and (2) That have agreed not to disclose it to others.

Some of these employees, contractors, and affiliated organizations may be located outside of your home country. By using our Services, you consent to the transfer of such Information to them. We will not rent or sell Personal Information to anyone.

Other than to our employees, contractors, and affiliated organizations, as described above, we disclose Personal Information only in response to a subpoena, court order, or other governmental request, or when we believe in good faith that disclosure is reasonably necessary to protect the property or rights of us, third parties, or the public at large.

If you have registered for, applied for, or requested any of our Services, and have supplied your email address, phone number, or mailing address, we may occasionally send you email(s), mail, or text messages to tell you about new features, to solicit your feedback, or just to keep you up to date with what is going on with us and our products and Services. If you send us a request (for example, via email or via one of our feedback mechanisms), We reserve the right to publish it in order to help us clarify or respond to your request or to help us support other user(s). We take all measures reasonably necessary to satisfy your request or to help us support other user(s). We take all measures reasonably necessary to protect against the unauthorized access, use, alteration, or destruction of Personal Information.

27. EMAIL MARKETING

We may use your Personal Information to contact you with newsletters, marketing, or promotional materials, and other information that may be of interest to you. You may opt-out of receiving any, or all, of these communications from us by following the unsubscribe link or by following the instructions provided in any email we send or by contacting us. We may use Email Marketing Service Providers to manage and send emails to you if you have indicated that you would like to receive these communications.

28. BEHAVIORAL REMARKETING

We use remarketing services to advertise to you after you have accessed, visited, or used our Services.

We may use third-party vendors collect, store, use, process, and transfer Information about your activity on our Services in accordance with their privacy policies and to enable us to: (1) Measure and analyze traffic and browsing activity on our Services; (2) Show advertisements for our products and/or Services to you on third-party websites or applications; and (3) Measure and analyze the performance of our advertising campaigns.

Some of these third-party vendors may use Non-Cookie Technologies that may not be impacted by browser settings that block Cookies. If your browser does not permit you to block such technologies, you can use the following third-party tools to decline the collection and use of Information for the purposes of serving you internet-based advertising:

The NAI’s opt-out platform: https://optout.networkadvertising.org/?c=1
The EDAA’s opt-out platform: https://www.youronlinechoices.com/
The DAA’s opt-out platform: http://optout.aboutads.info/?c=2&lang=EN

You may opt-out of all personalized advertising by enabling privacy features on your mobile Device such as Limit Ad Tracking (iOS) and Opt Out of Ads Personalization (Android). See your mobile Help system for more information.

We and any third-party vendors use Cookies and Non-Cookie Technologies to help us recognize your Device(s) and to understand how you use our Services so that we can improve our Services to reflect interest and to serve you advertisements that are likely to be of more interest to you.

We may share Information, such as hashed email addresses (if available), or other online identifiers collected on our Services, with these third-party vendors (hashing is an encryption form which converts data through a formula, translating it into an easily findable or swappable code, string, or value). This allows our third-party vendors to recognize and deliver you advertisements across Devices and browsers. To read more about technologies used by these third-party vendors and their cross-device capabilities, please refer to the privacy policies of each vendor.

29. CHOICE AND OPT-OUT

If you no longer wish to receive our communications outside of those communications necessary for the administration of your use of the Services, you may opt-out of receiving such communications by following the instructions included in each communication or by emailing us at [email protected].

30. WHO HAS ACCESS TO INFORMATION

We do not sell any of your Personal Information or Non-Personal Information. Entities listed in this section adhere to confidentiality and security measures, have been made aware of this Policy, and have executed non-disclosure agreements with us.

Our employees and our independent contractors have access to Information on a need-to-know basis for the purpose of software development, testing, diagnostics, bug fixing, customer support, and for other such purposes. Our employees and our independent contractors are covered by and adhere to this Policy.

BUSINESS PARTNERS. We provide access to some of the Information for our business partners who have executed the required confidentiality agreements with us for the purpose of testing and supporting Somatica products and Services. These business partners are not permitted to retain, share, store, or use your Information for any purpose other than to complete the contracted assignment and under obligations similar to those in this Policy.

THIRD PARTIES. We may employ or use trusted third parties to act on our behalf regarding our Services, including, but not limited to, providing marketing support, analysis, and public relations. These third parties may have access to your Information. However, such third parties are not permitted to retain, share, store, or use your Information for any other purpose other than to complete the contracted assignment and under obligations similar to those in this Policy. From time to time, we may provide Services, or sell product lines, jointly with selected business partners. We DO NOT share Personal Information with third parties for unknown reasons. Our Services, as well as the email messages and text messages sent with respect to our Services, may contain links or access to websites and services operated by third parties that are beyond our control. Links or access to third parties from our Services are not an endorsement by us of such third parties, or of their websites, applications, products, services, or practices. These third parties may send their own Cookies to you and may independently collect data and Information. If you visit or access a third-party website, application, service, or other property that is linked or accessed from our Services, we encourage you to read any privacy policies and terms of service of that third-party before providing any Personal Information. If you have any questions about those privacy policies, terms of services, or contents of third parties, please contact that third-party directly.

31. LEGAL DISCLAIMER

We reserve the right to disclose your Information when we have a good faith belief that disclosure is necessary to: (1) Protect our rights; (2) Comply with law(s), regulation(s), judicial proceeding(s), court order(s), or legal process(es) served on us; (3) Protect the safety of any person from death or serious bodily injury; and (4) Prevent fraud or abuse of Somatica or its user(s) and Visitor(s)

32. NOTICE TO CALIFORNIA RESIDENTS

If you are a California resident, you are permitted by California Civil Code §1798.83 to request information regarding the disclosure of your Personal Information by us to third parties for the third parties’ direct marketing purposes. With respect to these entities, this Policy applies only to their activities within the State of California.

33. CALIFORNIA CONSUMER PRIVACY ACT (“CCPA”)

This privacy notice for California residents supplements the information contained in this Policy and it applies solely to all Visitor(s), user(s), and others who reside in the State of California.

YOUR RIGHTS UNDER THE CCPA. The CCPA provides California residents with specific rights regarding their Personal Information. If you are a resident of California, you have the following rights:

THE RIGHT TO NOTICE. You have the right to be notified which categories of your Personal Information are being collected and the purposes for which your Personal Information is being used.

THE RIGHT TO REQUEST. Under CCPA, you have the right to request that we disclose information to you about our collection, use, sale, disclosure for business purposes, and sharing of your Personal Information. Once we receive and confirm your request, we will disclose to you: (1) The categories of Personal Information we collected about you; (2) The categories or sources of the Personal Information we collected about you; (3) Our business or commercial purpose for collecting or selling that Personal Information; (4) The categories of third parties with whom we share that Personal Information; (5) The specific pieces of Personal Information we collected about you; and (6) If we sold your Personal Information or disclosed your Personal Information for a business purpose, we will disclose to you the categories of Personal Information sold and the categories of Personal Information disclosed.

THE RIGHT TO SAY NO TO THE SALE OF PERSONAL INFORMATION (OPT-OUT). You have the right to direct us not to sell your Personal Information. To submit an opt-out request, please contact us. Once we receive and confirm a verifiable consumer request from you, we will stop selling your Personal Information.

THE RIGHT TO DELETE PERSONAL INFORMATION. You have the right to request the deletion of your Personal Information, subject to certain exceptions. Once we receive and confirm your request, we will delete (and direct our Service Providers to delete) your Personal Information from our records, unless an exception applies. We may deny your deletion request if retaining the Information is necessary for us or our Service Providers to: (1) Complete the transaction for which we collected the Personal Information, to provide a product or Service that you requested, to take actions reasonably anticipated within the context of our ongoing business relationship with you, or to otherwise perform our contract with you; (2) Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or to prosecute those responsible for such activities; (3) Debug products to identify and repair errors that impair existing intended functionality; (4) Exercise free speech, ensure the right of another user or consumer to exercise their free speech rights, or exercise another right provided for by law; (5) Comply with the California Electronic Communications Privacy Act (Cal. Penal Code S 1546 et. seq.); (6) Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the Information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent; (7) Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us; (8) Comply with a legal obligation; and (9) Make other internal and lawful uses of that Information that are compatible with the context in which you provided it

THE RIGHT NOT TO BE DISCRIMINATED AGAINST. You have the right not to be discriminated against for exercising any of your consumer’s rights, including by: (1) Denying goods or services to you; (2) Charging different prices or rates for goods or services, including the use of discounts or other benefits, or imposing penalties; (3) Providing a different level or quality of goods or services to you; and (4) Suggesting that you will receive a different price or rate for goods or services, or a different level of qualify of goods or services

34. EXERCISING YOUR CCPA DATA PROTECTION RIGHTS

In order to exercise any of your rights under the CCPA, and if you are a California resident, you can contact us by email at [email protected]. Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable request related to your Personal Information.

Your request to us must: (1) Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or are an authorized representative of that person; and (2) Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your requests or provide you with the required information if we cannot: (1) Verify your identity or authority to make the request; and (2) Confirm that the Personal Information relates to you.

We will disclose and deliver the required information free of charge within forty-five (45) days of receiving your verifiable request. The time period to provide the required information may be extended once by an additional forty-five (45) days when reasonably necessary and with prior notice. Any disclosures we provide will only cover the 12-month period preceding the verifiable request’s receipt

For data portability requests, we will select a format to provide your Personal Information that is readily usable and should allow you to transmit the Information from one entity to another without hindrance.

35. CATEGORIES OF PERSONAL INFORMATION COLLECTED UNDER CCPA

Under CCPA, we obtain the categories of Personal Information listed above from the following categories of sources. Please note that the examples provided below are illustrative and limited to CCPA, and are not intended to be exhaustive:

DIRECTLY FROM YOU. For example, from the forms you complete on our Services, preferences you express or provide through the Services, or from your purchases on our Services.

INDIRECTLY FROM YOU. For example, from observing your activity on our Services.

AUTOMATICALLY FROM YOU. For example, through Cookies we or our Service Providers set on your Device(s) as you navigate through our Services.

FROM SERVICE PROVIDERS. For example, when third-party vendors monitor and analyze your use of our Services, when third-party vendors deliver targeted advertising to you, when third-party vendors contemplate payment processing, or when third-party vendors that we use provide services to you.

We collect Information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular user, Visitor, or Device. The following is a list of categories of Personal Information which we may collect or which we may have collected from California residents within the last twelve (12) months. Please note that the categories and examples provided in the list below are those defined in CCPA. This does not mean that all examples of that category of Personal Information were in fact collected by us, but reflects our good faith belief to the best of our knowledge that some of that Information from the applicable category may be and may have been collected. For example, certain categories of Personal Information would only be collected if you provided such Personal Information directly to us.

Please note that the examples below provided are illustrative and limited to CCPA, and are not intended to be exhaustive.

Category A: Identifiers
1. Examples: a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol (IP) address, email address, account name, driver’s license number, passport number, or other similar identifiers
2. Collected: Yes
Category B: Personal Information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).
1. Examples: a name, signature, Social Security Number, physical characteristics or description, address, telephone number, insurance policy number, education, employment, employment history, bank account number, credit card number debit card number, or any other financial information, medical information, or health insurance information. Some Personal Information included in this category may overlap with other categories
2. Collected: Yes
Category C: Protected classification characteristics under California or federal law
1. Examples: Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth, and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information)
2. Collected: Yes
Category D: Commercial information
1. Examples: Records and history of products or services purchased or considered
2. Collected: Yes
Category E: Biometric information
1. Examples: Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data
2. Collected: Yes
Category F: Internet or other similar network activity
1. Examples: Interaction(s) with our Services or advertisements
2. Collected: Yes
Category G: Geolocation data
1. Examples: Approximate physical location
2. Collected: Yes
Category H: Sensory data
1. Examples: Audio, electronic, visual, thermal, olfactory, or similar information
2. Collected: Yes
Category I: Professional or employment-related information
1. Examples: Current or past job history, or performance evaluations
2. Collected: Yes
Category J: Non-public education information (per the Family Education Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99))
1. Examples: Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records
2. Collected: Yes
Category K: Inferences drawn from other personal information
1. Examples: Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes
2. Collected: Yes

Under CCPA, Personal Information does not include: (1) Publicly available information from government records; (2) Deidentified or aggregated user information; and (3) Information excluded from CCPA’s scope, such as Health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data, and Personal Information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA), the California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.

36. USE OF PERSONAL INFORMATION FOR BUSINESS PURPOSES OR COMMERCIAL PURPOSES UNDER CCPA

As defined under CCPA, we may use or disclose Personal Information we collect for “Business Purposes” or “Commercial Purposes” which may include the following non-exhaustive examples: (1) To operate our Services and to provide you with our Services; (2) To provide you with support and to respond to your inquiries, including to investigate and to address your concerns and to monitor and to improve the Services; (3) To fulfill or meet the reason for which you provided the Information. For example, if you share your contact information to ask a question about our Services, we will use that Personal Information to respond to your inquiry. If you provide your Personal Information to purchase a product or Service, we will use that Information to process your payment and to facilitate delivery of that product and/or Service; (4) To respond to law enforcement requests and as required by applicable law(s), court order(s), or governmental regulation(s) (5) As described to you when collecting your Personal Information or as otherwise set forth in CCPA; (6) For internal administrative and auditing purposes; and (7) To detect security incidents and to protect against malicious, deceptive, fraudulent, or illegal activity, including, when necessary, to prosecute those responsible for such activities.

Please note that the examples provided above are illustrative and limited to CCPA, and are not intended to be exhaustive. If we decide to collect additional categories of Personal Information, or use the Personal Information we collected for materially different, unrelated, or incompatible purposes, we will update this Privacy Policy.

37. DISCLOSURE OF PERSONAL INFORMATION FOR BUSINESS PURPOSES OR COMMERCIAL PURPOSES UNDER CCPA

We may use or disclose and may have used or disclosed in the last twelve (12) months the following categories of Personal Information for business purposes or for commercial purposes:

Category A: Identifiers
Category B: Personal Information categories listed in the California Customer Records statute (Cal. Civ. Code §1798.80(e))
Category D: Commercial Information
Category F: Internet or other similar network activity

Please note that the categories listed above are those defined in CCPA. This does not mean that all examples of that category of Personal Information were in fact disclosed, but reflects our good faith belief to the best of our knowledge that some of that Information from the applicable category may be and may have been disclosed.

38. SALE OF PERSONAL INFORMATION

As defined in CCPA, “sell” and “sale” mean selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a user(s)’ Personal Information by us to a third-party for valuable consideration. This means that we may have received some kind of benefit in return for sharing Personal Information, but not necessarily a monetary benefit.

Please note that the categories listed below are those defined in CCPA. This does not mean that all examples of that category of Personal Information were in fact sold, but reflects our good faith belief to the best of our knowledge that some of that Information from the applicable category may be and may have been shared for value in return.

Although we do not and will not sell your Personal Information, CCPA requires we provide a disclaimer that we may sell and may have sold in the last twelve (12) months the following categories of Personal Information:

Category A: Identifiers
Category B: Personal Information categories listed in the California Customer Records statute (Ca. Civ. Code §1798.80(e))
Category D: Commercial Information
Category F: Internet or other similar network activity

We may share your Personal Information identified in the above categories with the following categories of third parties: (1) Service Providers; (2) Payment Processors; (3) Somatica affiliates; (4) Somatica business partners; and (5) Third-party vendors to whom you or your agents authorize us to disclose your Personal Information in connection with products and/or Services we provide to you.

40. SALE OF PERSONAL INFORMATION OF MINORS UNDER 18 YEARS OF AGE

We do not knowingly collect Personal Information from minors under the age of eighteen (18) through our Services, although certain third-party websites and/or services that we link to may do so. These third-party websites have their own terms of use and privacy policies, and we encourage parents and legal guardians to monitor their children’s internet usage and instruct their children to never provide Information on other websites without permission of their parent(s) or legal guardian(s).

We do not sell the Personal Information of user(s) and Visitor(s) we actually know are less than eighteen (18) years of age unless we receive affirmative authorization (the “right to opt-in”) from the parent(s) or legal guardian(s) of a user or Visitor who is less than eighteen (18) years of age. Those who opt-in to this sale of Personal Information may opt-out of future sales at any time. To recognize the right to opt-out, you, your parent(s), your legal guardian(s), or your authorized representative may submit a request to us by contacting us. If you have reason to believe that a child under the age of eighteen (18) has provided us with Personal Information, please contact us with sufficient detail to enable us to delete that Information.

41. THE RIGHT TO SAY NO TO THE SALE OF PERSONAL INFORMATION (OPT-OUT)

The Service Providers we partner with (for example, our analytics or advertising partners) may use technology on the Services that sells Personal Information as defined by CCPA. If you wish to opt-out of the use of your Personal Information for interest-based advertising purposes, and these potential sales are defined under CCPA, you may do so by following the instructions below. Please note that any opt-out is specific to the browser you use, and that you may need to opt-out on every browser that you use.

You can opt-out of receiving advertisements that are personalized and served by our Service Providers by following the instructions presented on our Services. The opt-out will place a Cookie on your computer that is unique to the browser you use to opt-out. If you change browsers or delete the Cookies saved by your browser, you will need to opt-out again.

You may access our Services through a Mobile application downloadable on both iOS and Android Devices. This Policy governs your use of our Mobile application and any Services you access and use through it. Your mobile Device may give you the ability to opt out of the use of Information about the Applications you use in order to serve you advertisements that are targeted to your interests through: (1) “Opt out of Interest-Based Ads” or “Opt out of Ads Personalization” on Android Device(s); or (2) “Limit Ad Tracking” on iOS Devices. You can also stop the collection of location Information from your mobile Device by changing the preferences on your mobile Device

42. YOUR CALIFORNIA PRIVACY RIGHTS UNDER CALIFORNIA’S SHINE THE LIGHT ACT

Under California Civil Code §1798, California residents with an established business relationship with us can request information once a year about sharing their Personal Information with third parties for the third parties’ direct marketing purposes. If you would like to request more information under the California Shine the Light Act, and if you are a California resident, you can contact us using the contact information provided below.

43. “DO NOT TRACK” AND PROTECTION ACT (CALOPPA)

There is no accepted standard on how to respond to Do Not Track (“DNT”) signals, and we do not respond to such signals. Our Services do not respond to DNT signals. However, some third-party websites do keep track of your browsing activities. If you are visiting such websites, you can set your preferences in your browser to inform websites that you do not want to be tracked. You can enable or disable DNT by visiting the preferences or settings page of your browser.

44. CHILDREN’S PRIVACY

Our Services do not address anyone under the age of eighteen (18). We do not knowingly collect Personal Information from anyone under the age of eighteen (18). If you are a parent or a legal guardian and you are aware that your child has provided us with Personal Information, please contact us. If we become aware that we have collected Personal Information from anyone under the age of eighteen (18) without verification of parental or legal guardian consent, we take steps to remove that Information from our servers.

If we need to rely on consent as a legal basis for processing your Information, and your country requires consent from a parent or legal guardian, we may require your parent’s or legal guardian’s consent before we collect and use that Information.

45. CALIFORNIA PRIVACY RIGHTS FOR MINOR USERS (CALIFORNIA BUSINESS AND PROFESSIONS CODE SECTION 22581)

California Business and Professions Code section 22581 allows California residents under the age of eighteen (18) who are registered users of online sites, services, or applications to request and obtain removal of content or Information they have publicly posted. To request removal of such Information, and if you are a California resident, you can contact us using the contact information provided below. When doing so, include the email address associated with your account, registration, or application. Be aware that your request does not guarantee complete or comprehensive removal of content or Information posted online, and that the law may not permit or require removal in certain circumstances.

46. NOTICE TO EUROPEAN UNION USERS

Our operations are located primarily in the United States. If you provide Information to us, it will be transferred out of the European Union (EU) and sent to the United States. The adequacy decision between the EU-US became operational on August 1, 2016. This framework protects the fundamental rights of anyone in the EU whose Personal Information is transferred to the United States for commercial purposes. It allows the free transfer of data to companies that are certified in the United States under the Privacy Shield, which provides a mechanism to comply with data protection requirements when transferring Personal Information from the EU and Switzerland to the United States. By providing Personal Information to us, you are consenting to its storage and usage as described in this Policy.

47. DATA TRANSFERS, STORAGE, AND PROCESSING GLOBALLY

We may transfer your Personal Information to third parties in locations around the world for the purposes described in this Policy. We may use third-party Service Providers to process and store your Information in the United States, Canada, Japan, the European Union, and in other jurisdictions.

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. Whenever your Personal Information is transferred, stored, or processed by us or by third parties carrying out services on our behalf, we will take reasonable steps to safeguard the privacy of your Personal Information.

We will make sure we, as a minimum, use the standards of data privacy and security that follow from the European General Data Protection Regulation (“GDPR”) anywhere in the world where we collect, store, use, or share your Personal Information. Where your local rules require more from us than the GDPR, we will adjust our practices to make sure your Information is safe with us no matter what. The rules set by European data authorities across the European Union set some of the highest standards in the world on Information collection, storage, use, and sharing.

LEGAL BASIS FOR PROCESSING PERSONAL INFORMATION UNDER GDPR. We may process Personal Information under GDPR.

CONSENT. You have given your consent for processing Personal Information for one or more specific purposes.

PERFORMANCE OF CONTRACT. Provision of Personal Information is necessary for the performance of an agreement with you and/or for any pre-contractual obligations thereof.

LEGAL OBLIGATIONS. Processing Personal Information is necessary for compliance with a legal obligation to which we are subject.

VITAL INTERESTS. Processing Personal Information is necessary in order to protect your vital interests or those of another natural person.

PUBLIC INTERESTS. Processing Personal Information is related to a task that is carried out in the public interest or in the exercise of official authority vested in us.

LEGITIMATE INTERESTS. Processing Personal Information is necessary for the purposes of the legitimate interests pursued by us.

We undertake to respect the confidentiality of your Personal Information and to guarantee you can exercise your rights. You have the right under this Policy, and by law if you are within the EU, to:

REQUEST ACCESS TO YOUR PERSONAL INFORMATION. The right to access, update, or delete the Information we have about you. Whenever made possible, you can access, update, or request deletion of your Personal Information directly within your account, by contacting us, by email or by phone, or by completing an application or registration form through our Services. If you are unable to perform these actions yourself, please contact us to assist you. This also enables you to receive a copy of the Personal Information we hold about you.

REQUEST CORRECTION OF THE PERSONAL INFORMATION THAT WE HOLD ABOUT YOU. You have the right to have any incomplete or inaccurate Information we hold about you corrected.

OBJECT TO PROCESSING OF YOUR PERSONAL INFORMATION. This right exists whenever we are relying on a legitimate interest as the legal basis for our processing of your Personal Information, and there is something about your particular situation which makes you want to object to our processing of your Personal Information on this ground. You also have the right to object when we are processing your Personal Information for direct marketing purposes.

REQUEST ERASURE OF YOUR PERSONAL INFORMATION. You have the right to ask us to delete or remove any Personal Information we have about you when there is no good reason for us to continue processing it.

REQUEST THE TRANSFER OF YOUR PERSONAL INFORMATION. We will provide to you, or to a third-party you have chosen, your Personal Information in a structured, commonly used, and machine-readable format. Please note that this right only applies to automated Information which you initially provided consent for us to use, or where we used the Information to perform a contract with you.

WITHDRAW YOUR CONSENT. You have the right to withdraw your consent on using your Personal Information. If you withdraw your consent, we may not be able to provide you with access to certain specific functionalities of the Services.

You may exercise your rights of access, rectification, cancellation, and opposition by contacting us. Please note that we may ask you to verify your identity before responding to such requests. If you make a request, we will try our best to respond to you as soon as possible.

You have the right to complain to a Data Protection Authority about our collection and use of your Personal Information. For more information if you are in the European Economic Area (EEA), please contact your local data protection authority in the EEA.

51. CHATBOTS

Our Services include use of Chatbots. A Chatbot is a computer program designed to simulate conversation with human users, either written or spoken, especially over the internet, allowing user(s) or Visitor(s) to interact with a digital program as if communicating with a real person. The Chatbot may be accessed by any Device, including mobile. You may expressly opt-in to receiving text messages, mail, and/or email messages sent using the Personal Information you previously provided through the Services or which you may voluntarily provide through use of the Chatbot. We may occasionally communicate with you using the Personal Information you voluntarily provide through the Chatbot, including by email or text message, to, for example, keep you informed of the latest improvements, features, products, services, and other developments. You may always opt-out of receiving these communications by replying “#pause” or “STOP” to one of the text messages received or by email. If you do not wish to receive such communications, you have the option to “unsubscribe” from these communications anytime.

To enrich our Services and Chatbot functionality, user(s) acknowledge and agree that we may add the Personal Information they have provided to us to our existing database to target our advertising better and to provide pertinent offers and Services.

Before using the Chatbot or submitting any Personal Information through it, please review this Policy carefully and contact us if you have any questions. If you do not agree to this Policy, please do not use the Chatbot.

Use of our Chatbots is entirely voluntary, and you are not mandated to provide Information to the Chatbots in order to use our other Services. By using our Chatbot, you expressly consent to having your Personal Information used as described in this Policy. The Chatbot communicates with you through an artificial intelligence algorithm, and when using the Chatbot, you understand that you are not communicating with a real person. You consent and understand that you will not provide or include: obscene, vulgar, or lewd content when communicating with our Chatbot, and that your access and use of the Services and Chatbot will be terminated if you do so.

We will always give you an opportunity to choose to expressly opt-out before your Personal Information is: (1) Disclosed to a sub-processor (other than Somatica’s representatives doing work at our discretion, or a third-party affiliate or associate of Somatica) and connected with providing you Services and current business activities; or (2) To be used for a purpose that is materially different than that for which it was originally collected or as subsequently authorized by you.

In order to enable you to use our Chatbot, we process (“Processing” meaning: all possible operations on data and Information, such as collection, recording, organization, structuring, storage, adaptation, or alteration, retrieval, consultation, use, disclosure, combination, restriction, erasure, or destruction) Personal Information about you in accordance with the provisions below. Without Processing of your Personal Information, our Chatbot may not function properly nor function at all, and you will not be able to use our Chatbot.

We are strongly committed to privacy and Personal Information protection. We respect your rights under the GDPR and all other local legislations that might be applicable, and comply with all of the requirements in respect to the Processing of your Personal Information. This Policy explains how we process your Personal Information when you use our Services and our Chatbot.

The data controller collecting the Information described in this Policy is Somatica. We are strongly committed to privacy issues, and this privacy statement details our approach to such issues. By using our Chatbot and submitting any Personal Information while communicating with it, you agree to our use of such Information in accordance with this Policy.

Information attained by our Chatbot is used only for the intended purpose stated at the time that Information is collected. We make every practical effort to avoid excessive or irrelevant collection of Information. If a Visitor or user believes our Chatbot has collected excessive Information, we encourage Visitor(s) or user(s) to contact us to raise any concerns.

Our Chatbot will collect only Personal Information that is specifically and voluntarily provided by Visitor(s) and user(s) as prompted by or when communicating with the Chatbot. We receive limited Personal Information, such as name, title, address, email address, and telephone numbers, and any other Information that Visitor(s) or user(s) voluntarily provide, from Chatbot user(s). Typically:

Demographic information, including gender and occupation, is not actively sought, but may be submitted when a user interacts with the Chatbot. It is our policy to limit the Information collected to only the minimum. Information required to complete a user(s)’s request;
Our intention is not to seek any Information through the Chatbot unless required to provide the Services you seek, request, or for which you apply. Information we may collect includes, non-exhaustively: race or ethnic origin; political opinions; religious or other similar beliefs; trade union membership; physical or mental health; or sexual life.
We suggest that you do not provide sensitive Information through the Chatbot. If you wish to provide sensitive Information through the Chatbot for any reason, we accept your explicit consent to use that Information in the ways described in this Policy or as described at the point where you choose to disclose this Information.
We will Process your Personal Information in order to be able to grant you access to and allow your use of the Chatbot. We will only Process your Personal Information for as long as is necessary for the purposes listed above, and as long as your access to and use of our Chatbot is not deactivated. In this respect, we have established an internal policy with respect to the retention period of your Personal Information. We will store your Personal Information for a maximum of one (1) year. After the lapse of this period, we will delete all or return all Personal Information you, including all existing copies of such Personal Information.
Note that our Chatbot will only ever ask for your name, email address, and phone number; any other Personal Information you provide is at your own discretion and not required for use of the Services. We may combine the Information we collect from you through our Chatbot with other Personal Information we have collected from you. All of this Information will be treated as Personal Information. Personal Information will be used to communicate with you via our Chatbot.
Our Chatbot may provide links to websites or services hosted by third parties, such as chat rooms or group counseling sessions, through which you may communicate directly with third parties and/or other user(s). We only collect Information regarding your interaction with our Services and Chatbot and we do not gather Information from third-party sites regarding your interaction(s) with those third parties or other user(s) on those services.

We recognize that your Information is valuable, and we take all reasonable measures to protect your Information while it is in our care. In order to access and communicate with our Chatbot, your Personal Information may be transferred to other third-party service providers who process that Information on our behalf, including providers of information technology, identity management, website hosting and management, data analysis, data back-up, security, and storage services. This Policy does not apply to the practices of third parties that we do not own or control, including, but not limited to, any third-party websites, services, and applications (“Third-Party Services”) that you elect to access through our Chatbot, or to individuals that we do not manage or employ. While we attempt to facilitate access only to those Third-Party Services that share our respect for your privacy, we cannot take responsibility for the content, services, or privacy policies of those Third-Party Services. We encourage you to carefully review the privacy policies of any Third-Party Services you use and/or access. Certain Services offered through our Chatbot may include opportunities and features brought to you by a third-party or that otherwise involving sharing your Information with a third-party. If you request or you agree at that time to have your Information shared, or use an interactive feature, widget, or third-party application, your Information will be disclosed to that third-party (or parties). Please note that the third party’s handling of that Information will be subject to the privacy policies and practices of that third-party. We are not responsible and we will assume no liability if a third-party website or service collects, uses, or shares any Information about you in violation of its own privacy policy or of applicable law.

The Information we collect through our Chatbot is subject to this Policy. The Information collected and stored by third parties remain subject to those third party’s privacy policies, including whether the third-party shares Information with us, the types of Information shared, and your choices with regard to what is visible to others on that third-party website and service.

To the extent permissible by law, we may also supplement the Information we collect with outside records from third parties, such as schools, universities, organizations, services, and institutions in order to provide you with the information, Services, or goods you have requested or for which you have applied, to enhance our ability to serve you, to tailor our content to you, and to offer you opportunities that we believe may be of interest to you. We may combine the information we receive from those other sources with Information we collect through our Services and our Chatbot. In those cases, we will apply this Policy to the combined Information.

We may use Information about you, including Personal Information, to: (1) Allow you to participate in the Services and use our Chatbot, including, without limitation, to respond to your questions, complaints, or comments, and to provide you the Services you request; (2) Tailor content, recommendations, and offers we display to you on the Services or through our Chatbot; (3) Provide you with information, products, services, or suggestions you request through the Services or our Chatbot; (4) Improve the Services and our products, and for internal business purposes, including the improvement of our AI chat algorithms; (5) Contact you with regard to your use of the Services and our Chatbot and, in our sole discretion, changes to our policies; and (6) As described within this Policy or as disclosed at the time you provide your Information.

We and Service Providers may use an embedded script (programming code that is designed to collect information about your interactions with our Services and our Chatbot, such as the links on which you click). The code is temporarily downloaded onto your Device(s) from our server or that of a Service Provider, and is deactivated or deleted when you disconnect from our Services and/or our Chatbot. We use Local Storage Objects (LSOs) such as HTML5 to store content, information, and preferences, such as the messages you exchange while using our Services and/or communicating with our Chatbot, in order to optimize the performance of our Services, our Chatbot, and to provide certain features. Various browsers may offer their own management tools for removing HTML5 LSOs.

We will share your Personal Information with unaffiliated entities that provide services to us in connection with our Services and our Chatbot, such as companies that provide hosting and other IT services, to send messages through the Services or through our Chatbot, or to offer customer service. These Service Providers are subject to confidentiality obligations which limit their use and disclosure of such Information.

Unless you have explicitly agreed to interact directly with us, such as to receive additional information or Services that may be of interest to you, we only use the Personal Information collected via our Chatbot as described within this Policy. When you no longer want our Chatbot to collect your Personal Information, you can contact us to request the deletion of your communications with our Chatbot and deletion of the Personal Information we collected through your use of our Chatbot. The Information collected from you through your use of our Chatbot is subject to the terms of this Policy.

You acknowledge and agree that use of our Chatbot on a mobile Device may cause Information to be displayed on or through your mobile Device which may be viewed by your mobile carrier or other access providers.

By agreeing to this Policy and by using our Services and our Chatbot, you agree that you waive any right to class-action litigation that may arise from your use of our Services and/or our Chatbot.

52. SESSION REPLAY TECHNOLOGIES

Session Replay is the ability to replay a user(s)’ or Visitor(s)’ journey on website(s) or services, regardless of the Device used to access or use the websites or services, including by mobile applications or by web applications, including what the user(s) or Visitor(s) viewed, clicked on, or hovered over, by using software to analyze user(s)’ or Visitor(s)’ interactions with the websites or services to reconstruct a user(s)’ or Visitor(s)’ sessions on the website. Session Replay Technology is designed to capture information at regular intervals so those movements and inputs can be overlaid with an image of the website to provide a type of dramatization or recreation of the user(s)’ or Visitor(s)’ experience. Session Replay Technologies may capture user(s)’ or Visitor(s)’ presence on the Services, including the content of their registration and application forms, email addresses, Device models, operating system, and Internet Protocol (IP) addresses. Personal Information can be hidden, redacted, or excluded from capture, and Session Replay Technologies will anonymize sensitive and Personal Information individually and in the aggregate as described in this Policy.

Before using our Services, you must expressly and affirmatively consent, including via accepting applicable Cookies, to our use of Session Replay Technologies, and acknowledge that you are aware that Session Replay Technologies are being used by us within our Services. By continuing to use our Websites and Services, your consent to our use of Session Replay Technologies is implied. By accessing and/or using our Services, you waive all rights to any class-action litigation that may arise related to your use of our Services. By expressly consenting to our use of Session Replay Technologies, you waive any claims that may arise under the California Invasion of Privacy Act (“CIPA”). California is a “two-party consent” state, where it is a crime to record or eavesdrop on any confidential communication, including private conversations or telephone calls, without the consent of all parties to the conversation.

We retain Session Replay Service Providers to assist in our use of Session Replay Technologies in order to help us monitor basic user interactions, including mouse movements, keystrokes, browser information, search terms, and content viewed during use or access of our Websites and Services, and to assist us with improving your experience of the Websites and Services, to assist in our compliance, and to assist with other operational features, and allows us to review individual user interactions to allow evaluation of issues user(s) experienced to help us tweak the Websites and Services to provide a better experience, troubleshoot and increase overall user satisfaction.

Session Replay Technologies do not record user(s)’ interactions in the same way that video surveillance or audio recording would. Instead, Session Replay Technologies merely receive and process the Information that has already been accessible to us through our Websites and Services, and creates anonymized, video-like recordings of user(s)’ and Visitor(s)’ interactions.

We use third-party services that employ software code to record user(s)’ and Visitor(s)’ interactions with the Services in a manner that allows us to watch DVR-like replays of those user(s)’ and Visitor(s)’ sessions. These replays include user(s)’ and Visitor(s)’ clicks, mouse movements, scrolls, and keystrokes or key touches during those sessions. These replays help us diagnose usability problems and identify areas for improvement.

You understand that Information may be captured from your session(s) automatically. Information collected through Session Replay Technologies are subject to the terms of this Policy.

53. CONTACT US

If you have any questions or suggestions regarding our Privacy Policy, please contact us by email at [email protected].