PRIVACY POLICY

LAST UPDATED: October 15, 2024

PRIVACY POLICY

WitnessAI, Inc. (“WitnessAI,” “we” or “us”) wants you to be familiar with how we collect, use, and disclose information. This Privacy Policy describes our practices in connection with information that we collect through:

• This website operated by us from which you are accessing this Privacy Policy;
• Our social media pages and webinars that we control from which you are accessing this Privacy Policy;
• Software applications made available by us for use on a SaaS basis or through our website (the “ Apps”);
• Third party data providers, channel partners and events hosted by third party vendors;
• HTML-formatted email messages that we send to you that link to this Privacy Policy or other communications we have with you; and
• Offline business interactions you have with us.

Collectively, we refer to the websites, social media pages, Apps, communications, and offline business interactions, including the marketing and sale of our products, as the “ Services.”

If you are a resident of California, Colorado, Connecticut, Utah, or Virginia, please see “Additional Information for Residents of California, Colorado, Connecticut, Utah, and Virginia,” below, for more information about our privacy practices and your rights.

PERSONAL INFORMATION

“ Personal Information” is information that identifies you as an individual or relates to an identifiable individual. We collect Personal Information through or in connection with the Services, such as:

• Name
• Contact information, such as address, email address, and phone number
• IP address (we may also derive your approximate location from your IP address)
• Job title, job function, job level
• Food allergies when registering for an event
• Clothing sizes when sending branded WitnessAI gifts to customers / prospects

Collection of Personal Information

We and our service providers collect Personal Information in a variety of ways, including:

• Through the Services.
• Through our proxies. A proxy is a collection point for companies through which data flows in order to analyze, monitor and protect the data.

The data collected through proxies is used to:

• Monitor and control AI interactions based on security policies;
• Detect and prevent sensitive data leaks through AI tools; and
• Analyze AI usage patterns for security threats or policy violations.
• From Other Sources.

• We receive your Personal Information from other sources, such as publicly available databases, social media platforms, channel partners and joint marketing partners.
• If you connect your social media account to your Services account, you will share certain Personal Information from your social media account with us, including your name, email, photo, connections, and any other information that may be accessible to us.

If you disclose any Personal Information relating to other people to us or to our service providers in connection with the Services, you represent that you have the authority to do so and to permit us to use the information in accordance with this Privacy Policy.

Use of Personal Information

We and our service providers use Personal Information for the following purposes:

• Providing the functionality of the Services and fulfilling your requests.

• To provide the Services’ functionality to you, such as arranging access to your account, supporting your product and service needs and providing recommendations.
• To complete your transactions and verify your information.
• To provide you with customer service, respond to your inquiries, and fulfill your requests.
• To send administrative information to you, such as changes to our terms, conditions, and policies.
• To allow you to share information with other prospective customers.

• Providing you with our marketing materials and facilitating social sharing.
• To send you marketing related emails, mail, gifts and other information, such as literature on products and services, updates, new features, and new opportunities.

• Analyzing Personal Information for business reporting and providing personalized services.

• To analyze or predict our users’ preferences in order to prepare aggregated trend reports so we can improve our Services.
• To better understand your interests and preferences, so we can personalize our interactions with you and provide you with information and/or offers tailored to your interests.
• To better understand your preferences so we can deliver content we believe will be relevant and interesting to you.

• Aggregating and/or anonymizing Personal Information.
• We may aggregate and/or anonymize Personal Information so that it will no longer be considered Personal Information. We do so to generate other data for our use, which we may use and disclose for any purpose, as it no longer identifies you or any other individual.

• Accomplishing our business purposes.

• For data analysis, such as to improve the efficiency of our Services.
• For audits, to verify that our internal processes function as intended, and to address legal, regulatory, or contractual requirements.
• For fraud prevention and security monitoring purposes, including to detect and prevent cyberattacks or attempts to commit identity theft.
• For developing new products and services.
• For enhancing, improving, repairing, maintaining, or modifying our current products and services, as well as undertaking quality and safety assurance measures.
• For identifying usage trends, such as understanding which parts of our Services are of most interest to users.
• For determining the effectiveness of our promotional campaigns, so we can adapt our campaigns to the needs and interests of our users.
• For operating and expanding our business activities.

Disclosure of Personal Information

We disclose Personal Information:

• To our third-party service providers, to facilitate services they provide to us.
• These can include providers of such services as website hosting, data analysis, payment processing, order fulfillment, fraud prevention, information technology and related infrastructure provision, customer service, email delivery, and auditing.

• By using the Services, you may elect to disclose Personal Information.

• On message boards, chat, profile pages, and other services to which you are able to post information and content. Any information you post or disclose through these services may be available to other users.
• Through your social sharing activity. If you connect your Services account to your social media account, you will share information with your friends associated with your social media account, with other users, and with your social media account provider. By doing so, you authorize us to facilitate this sharing, and you understand that the use of shared information will be governed by the social media provider’s privacy policy.

Other Uses and Disclosures

We may also use and disclose Personal Information as we believe to be necessary or appropriate: (a) to comply with applicable law, to respond to requests from public and government authorities, to cooperate with law enforcement, and for other legal reasons; (b) to enforce our terms and conditions; and (c) to protect our rights, privacy, safety, or property, and/or that of you or others. We may use, disclose, or transfer Personal Information to a third party in connection with any proposed or actual reorganization, bankruptcy, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of our assets or stock.

OTHER INFORMATION

“ Other Information” is information that does not reveal your specific identity or directly relate to an identifiable individual. We and our service providers may collect and use Other Information in a variety of ways, including:

• Your browser or device.
• Certain information is collected by most browsers or automatically through your device, such as your Media Access Control (MAC) address, computer type (Windows or Mac), screen resolution, operating system name and version, device manufacturer and model, language, and Internet browser type and version. We use this information to ensure that the Services function properly.
• Your use of the Apps.
• When you download and use one of our Apps, we and our service providers may track and collect App usage data, such as the date and time the App on your device accesses our servers and what information and files have been downloaded to the App based on your device number.
• Cookies, pixel tags, and similar technologies.

• Please read our Cookie Policy for details on how we use cookies, pixel tags, and similar technologies. In addition to the details set forth in our Cookie Policy, we may use such technologies to track the actions of our email recipients, measure the success of our marketing campaigns, and compile statistics about use of the Services and response rates.
• We use third-party advertising companies to serve ads regarding goods and services that may be of interest to you when you access and use the Services and other websites or online services. You may receive ads based on information relating to your access to and use of the Services and other websites or online services on any of your devices, as well as on information received from third parties. These companies place or recognize a unique cookie on your browser (including through the use of pixel tags). They also use these technologies, along with information they collect about your online use, to recognize you across the devices you use, such as a mobile phone and a laptop. If you would like more information about this practice, and to learn how to opt out of it in desktop and mobile browsers on the particular device on which you are accessing this Privacy Policy, please visit http://optout.aboutads.info/#/ and http://optout.networkadvertising.org/#/, or by visiting www.youronlinechoices.eu if you live in Europe..

Uses and Disclosures of Other Information

We may use and disclose Other Information for any purpose, except where we are required to do otherwise under applicable law. If we are required to treat Other Information as Personal Information under applicable law, we may use and disclose it for the purposes for which we use and disclose Personal Information, as detailed in this Privacy Policy. In some instances, we may combine Other Information with Personal Information. If we do, we will treat the combined information as Personal Information as long as it is combined.

SECURITY

We seek to use reasonable organizational, technical, and administrative measures to protect Personal Information within our organization. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure, please immediately notify us in accordance with the “Contact Us” section below.

RETENTION PERIOD

We retain Personal Information for as long as needed or permitted to fulfill the purpose(s) for which it was obtained, including to satisfy any legal, compliance, accounting, or reporting requirements, and consistent with applicable law. The criteria used to determine our retention periods include:

• The length of time we have an ongoing relationship with you;
• Whether there is a legal obligation to which we are subject, such as to keep transaction records for a certain period of time; or
• Whether retention is advisable in light of our legal position, such as in regard to applicable statutes of limitations, litigation, or regulatory investigations.

THIRD-PARTY SERVICES

This Privacy Policy does not address, and we are not responsible for, the privacy, information, or other practices of any third parties, including any third party operating a website or service to which the Services link. The inclusion of a link on the Services does not imply our endorsement of the linked site or service. In addition, we are not responsible for the information collection, use, disclosure, or security policies or practices of other organizations, such as Facebook, X, Instagram, YouTube, Pinterest, LinkedIn, Apple, Google, Microsoft, RIM, or any other social media platform, operating system provider, app provider, wireless service provider, third party data providers or device manufacturer, including with respect to any Personal Information you disclose to other organizations through or in connection with our Apps or our Social Media Pages.

YOUR CHOICES

If you no longer want to receive marketing related emails from us on a going-forward basis, you may opt out by using the unsubscribe link provided at the bottom of each such email. If you opt out, we may still send you important administrative messages, from which you cannot opt out.

If you prefer that we discontinue sharing your Personal Information on a going-forward basis with third parties for their direct marketing purposes, you may opt out of the sharing by contacting us at [email protected].

You can update your Personal Information by contacting customer service at [email protected].

For California, Colorado, Connecticut, Utah, and Virginia residents: Please see “Additional Information for Residents of California, Colorado, Connecticut, Utah, and Virginia,” below, for additional information about your rights.

For Nevada residents: To opt out of the sale of your Personal Information, if applicable, please email us at [email protected].

USE OF THE SERVICES BY MINORS

The Services are not directed to individuals under the age of thirteen (13), and we do not knowingly collect Personal Information from such individuals.

JURISDICTION AND CROSS-BORDER TRANSFER

We are located in the United States. We may store and process your Personal Information in the country where we have facilities or in which we engage service providers. By using the Services, you understand that your information will remain in your country of residence and will not be transferred to countries outside of your country of residence, or in the case of residents of the EU, your Personal Information will remain in the EU. Where required by law, we provide adequate protection for the transfer of personal information in accordance with applicable law, such as by obtaining your consent, relying on the European Commission’s adequacy decisions, or executing Standard Contractual Clauses. You may access a copy of these Standard Contractual Clauses via the link: https://eur-lex.europa.eu/eli/dec_impl/2021/914/oj.

ADDITIONAL DISCLOSURES FOR INDIVIDUALS RESIDING IN EUROPE

If you reside in the European Economic Area, this section applies to you.

Legal Basis for Processing. When we process your personal information, we will do so in reliance on the following lawful bases:

• To perform our responsibilities under our contract with you (e.g., processing payments for and providing the services you have ordered).
• When we have a legitimate interest in processing your personal data to operate our business correctly and efficiently or protect our interests (e.g., to provide, maintain and improve our services, conduct data analytics, and communicate with you).
• When we find such processing is necessary to comply with a legal obligation to which we are subject (e.g., to maintain a record of those who have opted-out of marketing communications).
• When we have your consent to do so (e.g., when you agree to receive marketing communications from us). You may withdraw such consent at any time by emailing us at [email protected]. Please note that withdrawing consent will not affect processing prior to such withdrawal, nor will it affect processing based on other lawful bases.

Your Privacy Rights. You have the right to (1) request to know more about and access your personal information, including in a portable format, (2) request deletion of your personal information, (3) request correction of inaccurate personal information, (4) request restriction of processing of your personal information, and (5) object to the processing of your personal information for certain purposes. To exercise any of these rights, please contact us at [email protected]. If you have a concern about our processing of personal information that we are not able to resolve, you have the right to lodge a complaint with the Data Protection Authority where you reside. Contact details for your Data Protection Authority can be found using the links below:

• For individuals in the EEA, click here.
• For individuals in the UK, click here.
• For individuals in Switzerland, click here.

SENSITIVE INFORMATION

Unless we request it, we ask that you not send us, and you not disclose, any sensitive Personal Information ( e.g., Social Security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, or criminal background) on or through the Services or otherwise to us.

THIRD-PARTY PAYMENT SERVICE

The Services may provide functionality allowing you to make payments using a third-party payment service with which you have created your own account. When you use such a service to make a payment to us, your Personal Information will be collected by such third party and not by us and will be subject to the third party’s privacy policy, rather than this Privacy Policy. We have no control over, and are not responsible for, any such third party’s collection, use, or disclosure of your Personal Information.

UPDATES TO THIS PRIVACY POLICY

The “UPDATED” or “ LAST UPDATED” legend at the top of this Privacy Policy indicates when this Privacy Policy was last revised. Any changes will become effective when we post the revised Privacy Policy on the Services.

CONTACT US

If you have any questions about this Privacy Policy, please contact us at [email protected] or at

WitnessAI, Inc.

Attention: CEO

2570 W El Camino Real

Suite 640 Mountain View, CA 94040

United States

Telephone: (833) 394-8637

Because email communications are not always secure, please do not include credit card or other sensitive information in your emails to us.

ADDITIONAL INFORMATION FOR RESIDENTS OF CALIFORNIA, COLORADO, CONNECTICUT, UTAH, AND VIRGINIA

This section supplements the above Privacy Policy and provides additional details regarding our collection, use, and disclosure of Personal Information relating to residents of California, Colorado, Connecticut, Utah, and Virginia.

Collection, Disclosure, Sale, Sharing, and Processing of Personal Information

The following chart details which categories of Personal Information we collect, process, and disclose, including for purposes of targeted advertising.

Categories of Personal Information	Disclosed to Which Categories of Third Parties for Operational Business Purposes	Sold to Which Categories of Third Parties	Shared with Which Categories of Third Parties for Cross-Context Behavioral or Targeted Advertising	Processing Purposes (see “Use of Personal Information” above for a detailed description of each Processing Purpose)
Identifiers, such as name, contact information, online identifiers, and account credentials	Our service providers	None	Ad networks and social media platforms	• Providing the functionality of our Services and fulfilling your requests• Providing you with our marketing materials and facilitating social sharing• Analyzing Personal Information for business reporting and providing personalized services• Aggregating and/or anonymizing Personal Information• Accomplishing our business purposes
Personal information as defined in the California customer records law, such as name, contact information, and payment information	Our service providers	None	Ad networks and social media platforms	• Providing the functionality of our Services and fulfilling your requests• Providing you with our marketing materials and facilitating social sharing• Analyzing Personal Information for business reporting and providing personalized services• Aggregating and/or anonymizing Personal Information• Accomplishing our business purposes
Commercial information, such as transaction information and purchase history	Our service providers	None	Ad networks and social media platforms	• Providing the functionality of our Services and fulfilling your requests• Providing you with our marketing materials and facilitating social sharing• Analyzing Personal Information for business reporting and providing personalized services• Aggregating and/or anonymizing Personal Information• Accomplishing our business purposes
Internet or network activity information, such as browsing history and interactions with our website	Our service providers	None	Ad networks and social media platforms	• Providing the functionality of our Services and fulfilling your requests• Providing you with our marketing materials and facilitating social sharing• Analyzing Personal Information for business reporting and providing personalized services• Aggregating and/or anonymizing Personal Information• Accomplishing our business purposes
Inferences drawn from any of the Personal Information listed above to create a profile or summary about, for example, an individual’s preferences and characteristics	Our service providers	None	Ad networks and social media platforms	• Providing the functionality of our Services and fulfilling your requests• Providing you with our marketing materials and facilitating social sharing• Analyzing Personal Information for business reporting and providing personalized services• Aggregating and/or anonymizing Personal Information• Accomplishing our business purposes

Individual Rights and Requests

Subject to applicable law, you may make the following requests:

1. You may request to know whether we process your Personal Information and to access such Personal Information.
   1. If you are a California resident, you may request the following information:
      1. The categories of Personal Information we collected about you and the categories of sources from which we collected such Personal Information;
      2. The business or commercial purpose for collecting, selling, or sharing Personal Information about you;
      3. The categories of Personal Information about you that we sold or shared and the categories of third parties to whom we sold or shared such Personal Information; and
      4. The categories of Personal Information about you that we otherwise disclosed and the categories of third parties to whom we disclosed such Personal Information.
2. You may request to correct inaccuracies in your Personal Information.
3. You may request to have your Personal Information deleted.
4. You may request to receive a copy of your Personal Information, including, where applicable, in a portable format.
5. You may request to opt out of the “sale” of your Personal Information.
6. You may request to opt out of targeted advertising, including the “sharing” of your Personal Information for purposes of cross-context behavioral advertising.

We will not unlawfully discriminate against you for exercising your rights under applicable privacy law. To make a privacy request, please contact us at [email protected]. stating your specific request. We will verify and respond to your request consistent with applicable law, taking into account the type and sensitivity of the Personal Information subject to the request. We may need to request additional Personal Information from you, such as name, email address, or phone number, in order to verify your identity and protect against fraudulent requests. If you make a request to delete, we may ask you to confirm your request before we delete your Personal Information.

To request to opt out of any future “sales” of your Personal Information and/or “sharing” of your Personal Information for purposes of cross-context behavioral advertising or any future processing for purposes of targeted advertising, please contact us at [email protected] .

Appeal Process

If you are a resident of Colorado, Connecticut, or Virginia and we refuse to take action on your request, you may appeal our refusal within a reasonable period after you have received notice of the refusal. You may file an appeal by contacting us at [email protected].

Authorized Agents

If an agent would like to make a request on your behalf as permitted under applicable law, they may use the submission methods outlined above. As part of our verification process, we may request that the agent provide proof concerning their status as an authorized agent. In addition, we may require that you verify your identity as described above or confirm that you provided the agent permission to submit the request.

De-Identified Information

If we maintain or use de-identified information, we will continue to maintain and use it only in a de-identified fashion and will not attempt to re-identify the information.

WitnessAI, Inc. Cookie Policy

This cookie policy (“Cookie Policy”) describes the use of Cookies (as defined below) by WitnessAI, Inc. (“WitnessAI,” “we,” “us,” or “our,” if not explicitly referring to one company”), on its website located at https://witness.ai(“Sites”).

Please remember that your use of the Sites is at all times subject to the Website Terms and Conditions and Privacy Policies located at each respective website. Any terms we use in this Cookie Policy without defining them have the definitions given to them in the Website Terms and Conditions and the WitnessAI Privacy Policy.

HOW WITNESSAI USES COOKIES

The Sites use cookies and similar technologies such as pixel tags, web beacons, clear GIFs, JavaScript, and local storage. Cookies are small files — usually consisting of letters and numbers — placed on Your Device, when you use that device to visit a Site. We will refer to cookies and similar technologies simply as “Cookies” for the remainder of this Cookie Policy. We use Cookies to enable our servers to recognize your web browser and tell us how and when you visit and otherwise use the Sites through the internet, to analyze trends, and to learn about our user base.

We may combine non-personally identifiable information collected through Cookies with other Personal Information that we have about you, for example, to tell us who you are or whether you have an account. We may also supplement the information we collect from you with information received from third parties in order to enhance our Sites, or to offer you information that we believe may be of interest to you. Where we use Cookies to collect information that is personally identifiable, or that can become personally identifiable if we combine it with other information, the applicable Privacy Policy will apply in addition to this Cookie Policy.

You can control and/or delete Cookies as you wish — for details, see www.aboutcookies.org. Most browsers have an option for turning off the Cookie feature, which will prevent your browser from accepting new Cookies, as well as (depending on the sophistication of your browser software) allowing you to decide on acceptance of each new cookie in a variety of ways. You can delete all Cookies that are already on your computer and you can set most browsers to prevent them from being placed. If you do this, however, you may have to manually adjust some preferences every time you visit a site and some services and functionalities may not work. We strongly recommend that you leave Cookies active, because they enable you to take advantage of the most attractive features of the Sites.

Please reference the chart and general description below to learn more about the kinds of cookies we use and for what purpose.

SHARING OF INFORMATION

Essential Cookies are Cookies that are required to provide you with features or services that you have requested. For example, Cookies that enable you to log into secure areas of our Site. Disabling these Cookies will encumber the Sites’ performance and may make certain features and services unavailable.

Functionality Cookies are used to recognize you when you return to our Sites. This enables us to personalize our content for you, greet you by name, and remember your preferences (for example, your choice of language or region).

Analytical Cookies allow us to understand how visitors use our Site. This includes information about the number of visitors to the site, what pages visitors view on our site and how long visitors are viewing pages on the site. Analytical Cookies also help us measure the performance of our advertising campaigns in order to help us improve our advertising campaigns and to optimize our Sites’ content for those who engage with our advertising.

Third Party Cookies are Cookies placed by a third party on Your Device and may provide information to those third parties about browsing habits (including your visits to our Sites, the pages you have visited, and the links and advertisements you have clicked) that may help identify if certain services that such third parties provide are being used, identify your interests, retarget you, and serve advertisements that are relevant to you. We do not have control or access to such Cookies. If you look at one page on our Sites, an advertisement may be delivered to you on our Services or on other sites, for products referenced on that page or for similar products and services. We do not engage in retargeted advertising for children users of our Sites.

Session Cookies and Persistent Cookies

The types of Cookies described above may be “Session Cookies” which are temporary Cookies that are only stored on Your Device while you are visiting our site or “Persistent Cookies” which are Cookies that are stored on Your Device for a period of time after you leave our site. The length of time a Persistent Cookie stays on your Device varies from Cookie to Cookie. We use Persistent Cookies to store your preferences so that they are available for the next visit, and to keep a more accurate account of how often you visit our Sites, how often you return, how your use of the Sites may vary over time, and measure the effectiveness of advertising efforts. Your browser may offer you a “Do Not Track” option, which allows you to signal to operators of websites and web applications and services (including behavioral advertising services) that you do not wish such operators to track certain of your online activities over time and across different websites. Our Sites do not support Do Not Track requests at this time.

WHAT IS GOOGLE ANALYTICS AND HOW IS IT USED?

Our Sites use Google Analytics, a web analysis service provided by Google Inc. (“Google”) which is based on Cookie technology. The information generated by the Cookie is usually sent to a Google server in the USA, where it is stored. On behalf of WitnessAI, Google will use the generated information to evaluate your use of the website, to compile reports on website activities, and to provide the website operator with additional services connected with website and Internet use. The IP address transmitted by your browser in connection with Google Analytics is not collated with other data by Google. To opt out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout.

MANAGING COOKIE SETTINGS

You can decide whether or not to accept Cookies. One way you can do this is through your internet browser’s settings. To find out more information about Cookies, including information about how to manage and delete Cookies, please visit: www.aboutcookies.com.

To explore what Cookie settings are available to you, look in the “preferences” or “options” section of your browser’s menu.

If you have any queries regarding this Cookie Policy please contact us at [email protected].

Last Updated: December 19, 2024.