Applica.ai, Inc. Platform Evaluation Agreement Privacy policy

Last updated: June 10, 2022

Overview; Binding Agreement

This Evaluation Agreement (this “Agreement”) applies by and between Applica.ai, Inc. (“Applica”, “we”, or “us”), and the customer/user (“Customer”, or “you”) who is accessing or using the Platform (as defined below). By accessing or using the Platform, you agree to be bound by this Agreement. If you do not agree to this Agreement, you are noy allowed to access or use the Platform. The “Effective Date” of this Agreement is the date you first access or use the Platform. If you are accessing or using the Platform in your capacity as an employee, consultant or agent of the contracting entity, you represent that you are an employee, consultant or agent of that entity, and that you have the authority to bind that entity to this Agreement. Applica reserves the right to change or modify this Agreement, or any of our other policies or guidelines, at any time upon notice to you. We may provide that notice in a variety of ways, including, without limitation, sending you an email or posting the revised Agreement on our web site and revising the date at the top of this Agreement. Any changes or modifications will be effective after we provide notice that this Agreement has been modified. You acknowledge that your continued access or use of the Platform following such notice constitutes your acceptance of the modified Agreement. For the purposes of this Agreement: (i) “Platform” means the Applica-proprietary application(s) that you will be allowed to access during the Evaluation Period, as such applications are set forth in the Ordering Document; (ii) the “Evaluation Period” means the number of days that you will have to evaluate the Platform, as set forth in the Ordering Document (if no timeframe is set forth in the Ordering Document, the default Evaluation Period will be fourteen (14) days); and (iii) the “Ordering Document” is the order form or other ordering document that details the portions of the Platform to be evaluated, along with the Evaluation Period.

Evaluation License; Restrictions

Subject to the terms of this Agreement, Applica grants you a limited, non-exclusive, non-transferable license to access and use the Platform during the Evaluation Period, solely for the purpose of evaluating whether
to purchase a paid subscription to the Platform, and not for general production use. Unless otherwise set forth in the Ordering Document, there is no fee associated with this grant of access during the Evaluation Period. If you decide that you want to use
the Platform beyond the Evaluation Period or for any production purpose, you will need to buy a paid subscription, and accept a new agreement for that purpose. As between the parties, Applica owns all right, title and interest in and to the Platform, and
reserves all rights not granted herein. You agree not to: (i) sublicense, sell, rent, assign, or distribute the Platform to third parties; (ii) allow any third party to access or use the Platform; (iii) host the Platform or utilize the services provided by the Platform for the benefit of third parties; (iv) modify the Platform, or any proprietary rights notices therein; or (v) disassemble, decompile, or reverse engineer the Platform, or any part of it. Each party will bear its own costs associated with its performance under this
Agreement.

Term and Termination.

Considering the security and transparency of the processing of personal data and the need for their constant control, we have appointed a Data Protection Officer (DPO).

You can contact the appointed DPO by using iod@applica.ai or via our postal address (with notation “Data Protection Officer”).

Security

We conscientiously approach the protection of data concerning you and constantly develop our systems and security processes. The security measures we use include:

  • Limited physical access to our buildings and user access to our systems – only for those who are entitled
  • Control mechanisms such as firewall, user verification, strong data encryption, and separation of roles, systems, and data
  • Proactive monitoring

We also use the highest standards in the industry to support the maintenance of a solid information security management system.

What data do we process?

We collect or process data only to the extent necessary to achieve the purposes for which they were collected, resulting from legal provisions. The scope of data will vary depending on the purpose of the processing. Most of the personal data processed by us is passed directly to us due to one of the following reasons:

  • You are our Client, or your data has been provided to us by your employer or partner
  • We service as the processor of the Client who is the controller of your data and the data has been made available to us in the scope binding us with the client
  • We obtained it directly from you or from a third party authorized to provide us with your information
  • You have filed a complaint or inquiry
  • You have asked us for information
  • You took part in the event organized by us
  • You represent your organization
  • You use one of our services
  • You contacted us using a contact form on our website

The basis for the processing

In any case, when we process your personal data, we must have so-called “Legal basis”. The legal bases result directly from the law (article 9 of the GDPR), below are those on which we most often rely:

  • Consent: You have indicated to us that you agree to the processing of your data for a specific purpose e.g.: to receive marketing messages
  • Legitimate interests: only if processing is necessary for us to conduct our business and it does not interfere with the right to respect your privacy e.g.: for direct marketing of our products or services
  • Performanceofthecontract: we must process your personal data in order to be able to provide you with one of our products or services or You are a party to the contract concluded with us
  • Legal claims: when data processing is necessary to establish, enforce or defend legal claims
  • Legal obligation: when we are obliged under law to process your personal data e.g.: if you are our employee, we are obliged to process your data in accordance with labor laws

How do we use your personal data?

We use the data only for the purpose for which they may be processed in accordance with the law. There are many ways and possibilities to use your personal data, depending on how you interact with us. For example, if you do not provide us with your details, we will not be able to contact you in this way. iI you do not provide us with your contact details, address of the company you work in, or represent when negotiating or purchasing one of our products or services, we will not be able to sell you this product or service.

We may also want to tell you about our offers, ideas, products, and services that we think may interest you. If we have your consent or it is in our legitimate interest, we can do it via mail, email, text message or other electronic means of communication. We will not send you marketing messages if you do not want to, but if you purchase a service from us, we can send you messages related to the service.

Who might we share your personal information with?

In addition to us, access to data may have a number of entities. They may be service providers with whom we cooperate, and who help us in delivering products and services that you expect from us or support us in your business. These entities process personal data on our behalf and must meet high security standards. We only share information that allows them to provide us services or facilitate their provision to you.

In some circumstances, we may also be legally obliged to disclose information about you – for example, by court order, law or public authority decision. In any case, we make sure that we have a legal basis to share information about you and document our decisions.

International transfers of personal data

In the scope of achieving the processing purposes described in this policy, we may transfer your personal information to our suppliers, partners or service providers located outside the European Economic Area (EEA). In any case, if your data can be found outside the EEA, we will inform you about it.

At the same time, when taking care of the security of your data we strictly follow the rules of their transfer resulting directly from the GDPR and provide data only where the degree of security is guaranteed in accordance with the decisions of the European Commission (e.g:. to the USA only to entities located on the so-called Privacy Shield list).

How long do we keep your personal data?

As a rule, we store data only for the period necessary to achieve the purposes in relation to which they are processed, strictly specified in this privacy policy, other regulations or contracts and in accordance with the law (GDPR) and relevant provisions. We never store personal data longer than necessary. In most cases, the storage period ends after 6 years from the end of cooperation with us. However, in some cases, we are required to store personal data for up to 10 years from the end of the relationship due to the limitation periods for certain claims.

Is there an obligation to provide personal data?

As a rule, providing your personal data is completely voluntary, however, it may be necessary for the implementation of specific services or your requests, e.g.: in terms of contact, conclusion of a contract, execution of your processing rights, etc. Providing data may also be necessary due to the applicable law.

Your rights

In accordance with the provisions of the law on the protection of personal data, you have specific rights depending on the basis for processing your data.

Right to access personal data

You have the right to know if and how we use or store your personal data – the so-called right to access personal data. By using this right, you can also ask us for a copy of your data.

Right to correct personal data

You may question the accuracy of the data we process and ask us to correct it. This is the so-called “right to correct personal data”. If your data is incomplete, you can also ask us to complete it, e.g.: by adding new information.

Right to erasure

You can ask us to delete your data and in some circumstances we must do so. This entitlement is also known as the so-called “The right to erasure”. This right is not absolute and applies, among others in the following circumstances when:

  • We do not require your data anymore
  • You initially agreed to the processing, but now you have withdrawn it
  • You opposed the use of your data
  • We processed your data unlawfully

We may deny you the right to “erasure” in the following circumstances:

  • When we are legally obliged to store your data
  • Data storage is necessary to establish, enforce or defend legal claims

Right to restrict use of your data

You have the authority to limit the way we use your data, especially if you are concerned about the accuracy of the data or how it is used. If necessary, you can also submit a request to delete certain information about you. This right is closely related to your rights to question the accuracy of your data and the ability to object to their use.

The right to export the data

You have a right to gain the access to your personal data in a version which can be opened on the computer, e.g.: csv file. You can also ask the company for sending your personal data to the other economic subject. We can do this only if, as it was said in GDPR, it will be technically possible. It concerns only the information given for us on your own and the export goes in an electronic format.

The right to withdraw the consent

If the processing of personal data is based on the signed consent, you can withdraw the permission at any moment. However, it doesn’t involve the data processed earlier.

The right to make a complaint to a supervisory authority

The processing of personal data in our company covers the highest standards of security. If you have some questions or doubts, please contact with us and we will answer.

If you still be unpleased by the given answer or the execution of your privileges, you can make a complaint to supervisory authority (in Poland to the President of the Personal Data Protection Office).

The execution of your rights

You can ask for the execution of your privileges in a written or oral form. If your request will be in oral for, we advise you to send us also a written form or email message to provide us with the correspondence trace. The correspondence gives us clear evidence of your action and helps with answering according to your expectations as soon as possible.

The execution of your rights is free of charge and we respond no longer than a month after the request. In case of possible delays, you will be informed immediately.

If you want to ask about data processing, contact us via:

  • Email: iod@applica.ai
  • Mail: Ul. Zajecza 15, 00-351 Warszawa
  • Contact form available at www.applica.ai

Cookies files

Our website may use the cookies files, which are the IT data, especially text files, stored on the Data Terminal Equipment (DTE). In general, cookie files contain the www address of the page from which they came from, the time of storing in DTE, and the unique number.

The subjects, who can insert information in the form of cookies files in the device which you use to browse the website and who can get the access to them is SEVENET and its Partners, who for instance, provide analytical services, advertisers or applications providers.

The usage

The cookies files are used to:

  • Provide service;
  • Make browsing the website easy;
  • Identify the device, on which the files were already downloaded, in case of reconnecting with the website;
  • Create the statistics, which help in understanding how users browse the website or what can make the structure and content of the website better;
  • Adjust the content of website to the specific preferences and optimize browsing the web pages, all adjusted to the individual needs of users;
  • Exchange information with our business partners in order to broker in supplying their services while using the website.

The types of cookies files

We can use the following types of the cookie files on our website:

  • “Sessional”- they are stored on the DTE till the user leaves the page or closes the browser;
  • “Permanent”- they are stored on users DTE for the time which is determined in their parameters or to the deleting them by the user;
  • “Performance testing”- they record the information how the web pages are used;
  • “Functional”- they make it possible to remember settings chosen by the user and the personalization of the interface;
  • “Internal”- provided by the website;
  • “External”- sourced on another site than our website.

The website settings management

The software to browse the website, e.g.: web browser, usually by default allows storing the cookies files on DTE. You can change those settings.

The web browser allows delaying the cookies files. You can also automatically block the cookies. More detailed information about the case might be found in “help” option or in the records of your browser.