Privacy Policy

Effective date: July 2021

Introduction

Performetry, Inc., a Delaware corporation and its affiliates and subsidiaries (collectively, the “Company” or “we” or “us”) is committed to protecting privacy of your personal data. This Privacy Policy (the “Policy”) applies to those who visit the websites owned and operated by the Company, download any downloadable software, install any mobile applications, and/or use the Company’s products and services (collectively, the “Services”). For purposes of this Policy, personal data shall mean any information relating to an identified or identifiable natural person. This might be by reference to an identifier such as a name, ID number, location data or online identifier, or by factors specific to them, such as their physical, genetic, economic or social identity.

This Privacy Policy describes how the Company collects, uses, shares and secures the personal data of the Users of the Services (the “User(s)” or “you” or “yours”, as applicable). It also describes the User’s choices regarding use, access and correction of the User’s personal data. The capitalized terms used in this Policy but not defined herein shall have the same meaning assigned to them in Company’s Terms and Conditions (the “Terms”).

Definitions

Personal Data

Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).

Usage Data

Usage Data is data collected automatically either generated by the use of the Services or from the Services infrastructure itself (for example, the duration of a website page visit).

Cookies

Cookies are small files stored on your device (computer or mobile device).

Data Controller

Data Controller means a natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal data are, or are to be, processed.

Data Processors (or Service Providers)

Data Processor (or Service Provider) means any natural or legal person who processes the data on behalf of the Data Controller. When we act as a Data Controller, we may use the services of various Service Providers in order to process your data more effectively.

Data Subject

Data Subject is any living individual who is the subject of Personal Data.

Information Collection and Use

We collect several different types of information for various purposes to provide and improve the Services to you.

Types of Data Collected

Personal Data

While using the Services, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”). Personally identifiable information may include, but is not limited to:

  • Email address
  • First name and last name
  • Phone number
  • Address, State, Province, Postal code, City
  • Cookies and Usage Data

We may use your Personal Data 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 emailing at admin@performetry.ai.

Usage Data

We may also collect information that your browser sends whenever you use the Services or when you access the Services by or through a mobile device (“Usage Data”).

This Usage Data may include information such as your computer's Internet Protocol address (e.g., IP address), browser type, browser version, the pages of the Services that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

When you access the Services with a mobile device, this Usage Data may include information such as the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers and other diagnostic data.

Location Data

We may use and store information about your location if you give us permission to do so (“Location Data”). We use this data to provide features of the Services, to improve and customize the Services.

You can enable or disable location services when you use the Services at any time by way of your device settings.

Tracking Cookies Data

We use cookies and similar tracking technologies to track the activity on the Services and we hold certain information.

Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Other tracking technologies are also used such as beacons, tags and scripts to collect and track information and to improve and analyze the Services.

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

Examples of Cookies we use:

  • Session Cookies: We use Session Cookies to operate the Services.
  • Preference Cookies: We use Preference Cookies to remember your preferences and various settings.
  • Security Cookies: We use Security Cookies for security purposes.
  • Advertising Cookies: Advertising Cookies are used to serve you with advertisements that may be relevant to you and your interests.

Other Data

While using the Services, we may also collect the following information: sex, age, date of birth, place of birth, passport details, citizenship, registration at place of residence and actual address, telephone number (work, mobile), details of documents on education, qualification, professional training, employment agreements, non-disclosure agreements, information on bonuses and compensation, information on marital status, family members, social security (or other taxpayer identification) number, office location and other data.

We only collect "sensitive" personal information when you voluntarily provide us with this information or where such information is required or permitted to be collected by law or professional standards. Sensitive information includes personal information regarding a person's race, ethnicity, political, philosophical religious or similar beliefs, trade union membership, physical or mental health, sexual life, sexual orientation, or criminal record. Please use your discretion when providing sensitive information to the Company, and under any circumstances, do not provide sensitive information to the Company, unless you thereby consent to the Company’s use of that information for its legitimate business purposes and consent to the transfer and storage of such information to and in the Company’s databases . If you have any questions about whether the provision of sensitive information to the Company is, or may be, necessary or appropriate for particular purposes, please contact us at admin@performetry.ai

Third Party Services

We may receive your Personal Data from third party services that integrate with the Service (“Third Party Services”). You are strongly encouraged to check the privacy settings and policies of such Third Party Services to understand what Personal Data they may disclose to us.

Use of Data

We use the collected data for various purposes:

  • To provide and maintain the Services
  • To notify you about changes to the Services
  • To allow you to participate in interactive features of the Services when you choose to do so
  • To provide customer support
  • To gather analysis or valuable information so that we can improve the Services
  • To monitor the usage of the Services
  • To detect, prevent and address technical issues
  • To fulfill any other purpose for which you provide it
  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection
  • To provide you with notices about your account and/or subscription, including expiration and renewal notices, email-instructions, etc.
  • To provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information
  • In any other way we may describe when you provide the information
  • For any other purpose with your consent

Retention of Data

We will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

We will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period, except when this data is used to strengthen the security or to improve the functionality of the Services, or we are legally obligated to retain this data for longer time periods.

Transfer of Data

Your information, including Personal Data, 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 from those of your jurisdiction.

If you are located outside United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to United States and process it there.

Your consent to this Privacy Policy followed by your submission of such information represents your.

Notice To the Users’ Objects

If the User uses the Services to interact with other individuals, such as the User’s employees (the “User’s Objects”), the User is solely responsible for ensuring compliance with all applicable laws in connection with the collection and/or processing of Personal Data of the User’s Objects. If you are a User’s Object please note that we have no relationship with you whatsoever and its only relation is with the User with whom you may interact. For any questions regarding the collection of your Personal Data or to amend your Personal Data, and for all other reasons, you must contact the User.

Notice To the Users

We do not collect or determine the use of any Personal Data of the User’s Objects, nor the purpose for which such data is collected by the User, how such data is collected and how it is used, we do not act as a data controller as defined under the General Data Protection Regulation 2016/679 (“GDPR”) or a business under the California Consumer Privacy Act, California Civil Code 1780.100 (“CCPA”) and bear no responsibility under these statutes associated with a data controller/business. To the extent that we process any of the User’s Objects’ Personal Data, we should be considered only as a Processor/Service Provider on behalf of the User as to any such Personal Data that is subject to the requirements of GDPR and/or CCPA. Please note that under GDPR and CCPA you are regarded as a Data Controller/Business vis a vis the User’s Objects and as such must comply with the requirements of GDPR and/or CCPA. While you may employ your own privacy policy, you agree and acknowledge that for as long as you use the Services and are subject to the GDPR and/or CCPA, you must comply with the GDPR and/or CCPA requirements.

Your obligations (which extend to your employees, agents, subcontractors, etc., collectively your “Personnel”) include, but are not limited to (i) promptly (and under no circumstances after seventy two hours) notifying us of becoming aware of any breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of or access to, Personal Data transmitted, stored or otherwise processed or any investigation by a governmental authority concerning your handling of Personal Data; (ii) promptly and in good faith responding to any inquiries or requests by the Company regarding the collection and/or processing of Personal Data by you; (iii) maintaining relevant records of collecting and/or processing of Personal Data subject to GDPR and/or CCPA; (iv) transferring or processing the Personal Data outside the EU or European Economic Area in compliance with GDPR and with prior written notification to us; and (v) ensuring that your Personnel is aware of and complies with the foregoing obligations. We are under no circumstances obligated to, but reserve the right to monitor (and audit) your compliance with the foregoing. We are not responsible for the content of any Personal Data of the User’s Objects or any other information that is stored on our or the third party suppliers’ servers at the discretion of the User. We owe no responsibility and beas no liability vis a vis the User’s Objects. If you need a signed Data Processing Agreement in addition to this Policy and the Terms, please contact us at admin@performetry.ai

Disclosure of Data

We may disclose personal information that we collect, or you provide:

Disclosure for Law Enforcement

Under certain circumstances, we may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities.

Business Transaction

If we or our subsidiaries are involved in a merger, acquisition or asset sale, your Personal Data may be transferred.

Other cases

We may disclose your information also:

  • To our subsidiaries and affiliates
  • To contractors, service providers, and other third parties we use to support our business
  • To fulfill the purpose for which you provide it
  • For the purpose of including your company’s logo on our website
  • For any other purpose disclosed by us when you provide the information
  • With your consent in any other cases
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers, or others

Security of Data

The security of your data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.

Your Special Rights In Relation To Personal Data

California Resident Rights

If you are a California resident, you have the rights outlined in this section as defined in the California Consumer Protection Act (the “CCPA”). Please see the “Exercising Your Rights” section below for instructions regarding how to exercise these rights. If there are any conflicts between this section and any other provision of this Privacy Policy and you are a California resident, the portion that is more protective of Personal Data shall control to the extent of such conflict. If you have any questions about this section or whether any of the following applies to you, please contact us at admin@performetry.ai.

  1. Access

    You have the right to request certain information about our collection and use of your Personal Data over the past 12 months. We will provide you with the following information:

    • The categories of Personal Data that we have collected about you.
    • The categories of sources from which that Personal Data was collected.
    • The business or commercial purpose for collecting or selling your Personal Data.
    • The categories of third parties with whom we have shared your Personal Data.
    • The specific pieces of Personal Data that we have collected about you.

    If we have disclosed your Personal Data for a business purpose over the past 12 months, we will identify the categories of Personal Data shared with each category of third-party recipient.

  2. Deletion

    You have the right to request that we delete the Personal Data that we have collected from you. Under the CCPA, this right is subject to certain exceptions: for example, we may need to retain your Personal Data to provide you with the Services or complete a transaction or other action you have requested. If your deletion request is subject to one of these exceptions, we may deny your deletion request.

  3. Exercising Your Rights

    To exercise the rights described above, you must send us a request that (1) provides sufficient information to allow us to verify that you are the person about whom we have collected Personal Data, and (2) describes your request in sufficient detail to allow us to understand, evaluate, and respond to it. Each request that meets both of these criteria will be considered a “Valid Request.” We may not respond to requests that do not meet these criteria. We will only use Personal Data provided in a Valid Request to verify you and complete your request. You do not need an account to submit a Valid Request. We will work to respond to your Valid Request within 45 days of receipt. We will not charge you a fee for making a Valid Request unless your Valid Request(s) is excessive, repetitive, or manifestly unfounded. If we determine that your Valid Request warrants a fee, we will notify you of the fee and explain that decision before completing your request. You may submit a Valid Request by emailing us at admin@performetry.ai.

  4. No Discrimination

    We will not discriminate against you for exercising your rights under the CCPA. We will not deny you our goods or services, charge you different prices or rates, or provide you a lower quality of goods and services if you exercise your rights under the CCPA. However, we may have different tiers of Services as allowed by applicable data privacy laws (including the CCPA) with varying prices, rates, or levels of quality of the goods or services you receive related to the value of Personal Data that we receive from you.

EU Resident Rights

Section entitled “Information Collection and Use” details the Personal Data that we collect from you. Section entitled “ Information Collection and Use ” section above explains how we use your Personal Data. We will only use your Personal Data when the applicable law allows us to. Most commonly, we will use your Personal Data in the following circumstances:

  • where we need to perform the contract we are about to enter into or have entered into with you;
  • where it is necessary for our legitimate interests and your interests and fundamental rights do not override those interests;
  • where we need to comply with legal or regulatory obligations.

If you are an EU data subject (as such term is defined under the GDPR), you have certain rights with respect to your Personal Data, including those set forth below. For more information about these rights, or to submit a request, please email admin@performetry.ai. You, as a data subject, have the right to:

  1. The right to access information held about you

    The data subject shall have the right to obtain from the controller confirmation as to whether or not Personal Data concerning him or her are being processed, and, where that is the case, access to the Personal Data and other information.

  2. The right to rectify your Personal Data

    You shall have the right to rectify your Personal Data without undue delay, if it is inaccurate, incomplete or out-of-date. After Personal Data rectification we will notify you.

  3. The right to erasure (deletion or removing) your Personal Data

    The data subject shall have the right to obtain from the controller the erasure of Personal Data concerning him or her without undue delay and the controller shall have the obligation to erase Personal Data without undue delay. If we cannot erase your Personal Data, we will anonymize your Personal Data so that it cannot be determined. After the erasure or anonymization of your Personal Data, we will notify you about it.

  4. The right to restrict (block) the processing.

    When processing is restricted, we will store your Personal Data, but not further process it, until the restrictions will be removed. You can remove the restrictions (block) of processing at any time via request.

  5. The right to data portability

    You have the right to receive the Personal Data which you have given to us, in a structured, commonly used and machine-readable format and the right to transmit that data to another controller from the current controller, if it is technically possible. You may exercise this right, if your data is processed on the basis of your consent or a contract signed with you and the data are processed electronically.

  6. Right to object

    You have the right at any time, on the basis of your specific position, to object to the processing of your Personal Data, which is necessary for: (i) for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller; (ii) for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of Personal Data. We shall no longer process the Personal Data unless we demonstrate compelling legitimate grounds for the processing of your Personal Data. You have the right at any time to object to the processing of your Personal Data for marketing, including profiling for marketing purposes.

  7. Automated individual decision-making, including profiling

    You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects on you. As of the latest version of the Privacy Policy, we do not perform the automated decision-making.

  8. The right to withdraw your consent

    If your Personal Data are processed by consent, you have the right to withdraw it.

  9. The right to make a complaint with a supervisory authority

    You have the right to make a complaint with a supervisory authority of their country if you have a concern about how we process your data, protect and fulfill your rights. Please find the contacts of a supervisory authority of their country on the website of the European Data Protection Council.

To protect your privacy and security, we will take reasonable steps to verify your identity, before granting access to your Personal Data. For example, we may need to request specific information from you in order to verify your identity. This is a security measure to ensure that Personal Data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

You will not have to pay a fee to access your Personal Data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive or if additional copies of your Personal Data are requested. Alternatively, we may limit access to your Personal Data or refuse to comply with your request in these circumstances.

We will endeavor to respond to all legitimate requests of individuals to exercise their rights in relation to their Personal Data within 30 days of the original request or as otherwise required by law. Occasionally it could take us longer than 30 days if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

Service Providers

We may employ third party companies and individuals to facilitate the Services (“Service Providers”), provide the Services on our behalf, perform Service-related services or assist us in analyzing how the Services are used.

These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Payment Processors

When you make purchases through the Services, we process your payments through a third party payment processor. In these instances, the third party processor may collect certain financial information from you to process a payment on our behalf, including your name, email address, address and other billing information. In this case, the use and retention of your Personal Data is governed by the terms of use and privacy policy of such third party payment processor. Our treatment of any Personal Data that we receive from a third party payment processor, is subject to this Privacy Policy.

Analytics

We may use third-party Service Providers to monitor and analyze the use of the Services.

Google Analytics

Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of the Services. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.

For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en

We also encourage you to review the Google's policy for safeguarding your data: https://support.google.com/analytics/answer/6004245.

Yandex.Metrica

Yandex.Metrica is a web analytics service offered by Yandex that tracks and reports website traffic. You can review their terms of use by visiting the following web page: https://yandex.com/legal/metrica_termsofuse/

WebVisor

WebVisor provides user behavior analysis on the website. You can review their terms of use by visiting the following web page: https://yandex.com/legal/metrica_termsofuse/

CI/CD Tools

We may use third-party Service Providers to automate the development process of the Services.

GitHub

GitHub is provided by GitHub, Inc.

GitHub is a development platform to host and review code, manage projects, and build software.

For more information on what data GitHub collects for what purpose and how the protection of the data is ensured, please visit GitHub Privacy Policy page: https://help.github.com/en/articles/github-privacy-statement.

GitLab CI/CD

GitLab CI/CD is provided by GitLab, Inc.

GitLab CI (Continuous Integration) service is a part of GitLab that build and test the software whenever developer pushes code to application.

GitLab CD (Continuous Deployment) is a software service that places the changes of every code in the production which results in every day deployment of production.

For more information on what data GitLab CI/CD collects for what purpose and how the protection of the data is ensured, please visit GitLab CI/CD Privacy Policy page: https://about.gitlab.com/privacy/.

Behavioral Remarketing

We use remarketing services to advertise on third party websites to you after you have used the Services. We and our third-party vendors use cookies to inform, optimize and serve ads based on your past visits to the Services.

Google Ads (AdWords)

Google Ads (AdWords) remarketing service is provided by Google Inc.

You can opt-out of Google Analytics for Display Advertising and customize the Google Display Network ads by visiting the Google Ads Settings page: http://www.google.com/settings/ads

Google also recommends installing the Google Analytics Opt-out Browser Add-on – https://tools.google.com/dlpage/gaoptout – for your web browser. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics.

For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en

Twitter

Twitter remarketing service is provided by Twitter Inc.

You can opt-out from Twitter's interest-based ads by following their instructions: https://support.twitter.com/articles/20170405

You can learn more about the privacy practices and policies of Twitter by visiting their Privacy Policy page: https://twitter.com/privacy

Facebook

Facebook remarketing service is provided by Facebook Inc.

You can learn more about interest-based advertising from Facebook by visiting this page: https://www.facebook.com/help/164968693837950

To opt-out from Facebook's interest-based ads, follow these instructions from Facebook: https://www.facebook.com/help/568137493302217

Facebook adheres to the Self-Regulatory Principles for Online Behavioural Advertising established by the Digital Advertising Alliance. You can also opt-out from Facebook and other participating companies through the Digital Advertising Alliance in the USA http://www.aboutads.info/choices/, the Digital Advertising Alliance of Canada in Canada http://youradchoices.ca/ or the European Interactive Digital Advertising Alliance in Europe http://www.youronlinechoices.eu/, or opt-out using your mobile device settings.

For more information on the privacy practices of Facebook, please visit Facebook's Data Policy: https://www.facebook.com/privacy/explanation

Links to Other Sites

The Services may contain links to other sites that are not operated by us. If you click a third party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Children's Privacy

The Services are not intended for use by children under the age of 18. We do not knowingly collect personally identifiable information from children under 18. If you become aware that a child under 18 has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children under 18 without verification of parental consent, we take steps to remove that information from our servers.

Changes to This Privacy Policy and Your Duty to Inform Us

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.

We will let you know via email and/or a prominent notice on the Services, prior to the change becoming effective and update “effective date” at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Your continued use the Services constitutes your acceptance of all such changes and amendments. Your sole remedy is to cease using the Services. Use of information we collect is subject to the Privacy Policy in effect at the time such information is collected.

It is important that the Personal Data we hold about you is accurate and current. Please keep us informed if your Personal Data changes during your relationship with us. To do so, please contact us at admin@performetry.ai.

Contact Us

If you have any questions about this Privacy Policy, please contact us by email at: admin@performetry.ai