Privacy Policy

At Orby AI, we take your privacy seriously. Please read this Privacy Policy to learn how we treat your personal data. By using or accessing our Services in any manner, you acknowledge that you accept the practices and policies outlined below, and you hereby consent that we will collect, use and share your information as described in this Privacy Policy.

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Remember that your use of Orby AI'S Services is at all times subject to our Terms of Use, which incorporates this Privacy Policy. Any terms we use in this Policy without defining them have the definitions given to them in the Terms of Use.

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As we continually work to improve our Services, we may need to change this Privacy Policy from time to time. Upon such changes, we will alert you to any such changes by placing a notice on the Orby AI website, by sending you an email and/or by some other means. Please note that if you’ve opted not to receive legal notice emails from us (or you haven’t provided us with your email address), those legal notices will still govern your use of the Services, and you are still responsible for reading and understanding them. If you use the Services after any changes to the Privacy Policy have been posted, that means you agree to all of the changes. Use of information we collect is subject to the Privacy Policy in effect at the time such information is collected.

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Privacy Policy Table of Contents

What this Privacy Policy Covers

‍Personal Data ‍

     - Categories of Personal Data We Collect

     - Categories of Sources of Personal Data

     - Our Commercial or Business Purposes for Collecting or Disclosing Personal Data

How We Disclose Your Personal Data

Data Security

Data Retention

Personal Data of Children

Other State Law Privacy Rights

For EU/EEA Users

Contact Information

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What this Privacy Policy Covers

This Privacy Policy covers how we treat Personal Data that we gather when you access or use our Services. “Personal Data” means any information that identifies or relates to a particular individual and also includes information referred to as “personally identifiable information” or “personal information” under applicable data privacy laws, rules or regulations. This Privacy Policy does not cover the practices of companies we don’t own or control or people we don’t manage.

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In the ordinary course of providing the Services, at the direction of our customers, we may process customer data consisting of or containing Personal Data about individuals as a processor or service provider to our customer. The customer’s privacy policy or other agreement between the customer and you or your organization, and not this Privacy Policy, applies to such processing of such Personal Data. If we process your Personal Data on behalf of one of our customers and you have any concerns, please directly contact the customer on whose behalf we are processing such data. We will follow the customer’s instructions with regard to the data at issue. We will retain such Personal Data for as long as necessary to provide you with our Services, perform our business or commercial purposes for collecting your Personal Data, or to comply with our legal obligations, resolve disputes, or enforce our agreements.

Personal Data

Categories of Personal Data We Collect

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This chart details the categories of Personal Data that we collect and have collected over the past 12 months:

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You

‍When you provide such information directly to us.

• When you create an account or use our interactive tools and Services.
• When you voluntarily provide information in free-form text boxes through the Services or through responses to surveys or questionnaires.
• When you send us an email or otherwise contact us.
• When you upload a file for us to process.
• When you ask us to monitor and process a data source such as a Google Drive folder or a Gmail account.

When you use the Services, such information is collected automatically.

• Through Cookies (defined in the “Tracking Tools and Opt-Out” section below).
• If you use a location-enabled browser, we may receive information about your location.
• If you download and install certain applications and software we make available, we may receive and collect information transmitted from your computing device for the purpose of providing you the relevant Services, such as information regarding when you are logged on and available to receive updates or alert notices.

Third Parties

‍Vendors

• We may use analytics providers to analyze how you interact and engage with the Services, or third parties may help us provide you with customer support.

We collect Personal Data about you from the following categories of sources:

Our Commercial or Business Purposes for Collecting or Disclosing Personal Data

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Providing, Customizing and Improving the Services‍

• Creating and managing your account or other user profiles.
• Processing orders or other transactions; billing.
• Providing you with the products, services or information you request.
• Meeting or fulfilling the reason you provided the information to us.
• Providing support and assistance for the Services.
• Improving the Services, including testing, research, and internal analytics.
• Customizing the services to improve the performance just for you.
• Personalizing website content and communications based on your preferences.
• Doing fraud protection, security and debugging.

Marketing the Services‍

• Marketing and selling the Services.

Corresponding with You‍

• Responding to correspondence that we receive from you, contacting you when necessary or requested, and sending you information about Orby AI or the Services.

Meeting Legal Requirements and Enforcing Legal Terms‍

• Fulfilling our legal obligations under applicable law, regulation, court order or other legal process, such as preventing, detecting and investigating security incidents and potentially illegal or prohibited activities.
• Protecting the rights, property or safety of you, Orby AI or another party.
• Enforcing any agreements with you.
• Responding to claims that any posting or other content violates third-party rights.
• Resolving disputes.

We will not collect additional categories of Personal Data or use the Personal Data we collected for materially different, unrelated or incompatible purposes without providing you notice. Your data will not be used to train models that benefit other users.

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How We Disclose Your Personal Data

We disclose your Personal Data to the categories of service providers and other parties listed in this section. Depending on state laws that may be applicable to you, some of these disclosures may constitute a “sale” of your Personal Data. For more information, please refer to the state-specific sections below.

• Service Providers. These parties help us provide the Services or perform business functions on our behalf. They may include:
  • Hosting services, cloud services, other information, technology and communication providers.
  • Payment processors.

Legal Obligations

We may share any Personal Data that we collect with third parties in conjunction with any of the activities set forth under “Meeting Legal Requirements and Enforcing Legal Terms” in the “Our Commercial or Business Purposes for Collecting or Disclosing Personal Data” section above.

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Business Transfers

All of your Personal Data that we collect may be transferred to a third party if we undergo a merger, acquisition, bankruptcy or other transaction in which that third party assumes control of our business (in whole or in part). Should one of these events occur, we will make reasonable efforts to notify you before your information becomes subject to different privacy and security policies and practices.

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Data that is Not Personal Data

We may create aggregated, de-identified or anonymized data from the Personal Data we collect, including by removing information that makes the data personally identifiable to a particular user. We may use such aggregated, de-identified or anonymized data and share it with third parties for our lawful business purposes, including to analyze, build and improve the Services and promote our business, provided that we will not share such data in a manner that could identify you.

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Data Security

We seek to protect your Personal Data from unauthorized access, use and disclosure using appropriate physical, technical, organizational and administrative security measures based on the type of Personal Data and how we are processing that data. You should also help protect your data by appropriately selecting and protecting your password and/or other sign-on mechanism; limiting access to your computer or device and browser; and signing off after you have finished accessing your account. Although we work to protect the security of your account and other data that we hold in our records, please be aware that no method of transmitting data over the internet or storing data is completely secure.

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We retain Personal Data about you for as long as you have an open account with us or as otherwise necessary to provide you with our Services. In some cases we retain Personal Data for longer, if doing so is necessary to comply with our legal obligations, resolve disputes or collect fees owed, or is otherwise permitted or required by applicable law, rule or regulation. We may further retain information in an anonymous or aggregated form where that information would not identify you personally.

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Data Retention

We retain Personal Data about you for as long as necessary to provide you with our Services or to perform our business or commercial purposes for collecting your Personal Data. When establishing a retention period for specific categories of data, we consider who we collected the data from, our need for the Personal Data, why we collected the Personal Data, and the sensitivity of the Personal Data. In some cases we retain Personal Data for longer, if doing so is necessary to comply with our legal obligations, resolve disputes or collect fees owed, or is otherwise permitted or required by applicable law, rule or regulation. We may further retain information in an anonymous or aggregated form where that information would not identify you personally.

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For example:

• We retain your profile information and credentials for as long as you have an account with us.
• We retain your payment data for as long as we need to process your purchase or subscription.
• We retain your device/IP data for as long as we need to ensure that our systems are working appropriately, effectively and efficiently.

Personal Data of Children

As noted in the Terms of Use, we do not knowingly collect or solicit Personal Data about children under 16 years of age; if you are a child under the age of 16, please do not attempt to register for or otherwise use the Services or send us any Personal Data. If we learn we have collected Personal Data from a child under 16 years of age, we will delete that information as quickly as possible. If you believe that a child under 16 years of age may have provided Personal Data to us, please contact us at info@orby.ai.

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State Law Privacy Rights

California Resident Rights

Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to contact us to prevent disclosure of Personal Data to third parties for such third parties’ direct marketing purposes; in order to submit such a request, please contact us at info@orby.ai.

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Nevada Resident Rights

If you are a resident of Nevada, you have the right to opt-out of the sale of certain Personal Data to third parties. You can exercise this right by contacting us at info@orby.ai with the subject line “Nevada Do Not Sell Request” and providing us with your name and the email address associated with your account. Orby AI does not sell Personal Data.

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For EU/EEA Users

In such cases where the General Data Protection Regulation (GDPR) is applicable to Orby AI in accordance with the law, the information and the rights specified in this section are available to users residing in the EU/EEA region.

The GDPR distinguishes between a "controller" and a "processor" (or similar terms). We are a "controller" for those Services where we make decisions on how personal information is used in connection with our Services, and we are a "processor" for those Services where we only use personal information as allowed by our customers.

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Purposes For Which We Will Use Your Personal Data‍

We describe below all the ways we plan to use your personal data and which legal bases we rely on. We have also identified what our legitimate interests are where appropriate.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out below.

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1. Purpose/Activity: To register you as a new customer
   Type of Data: Identity, Contact
    Lawful Basis for Processing: Performance of a contract with you

2. Purpose/Activity: To manage our relationship with you, which includes:

• Notifying you about changes to our terms or Privacy Policy
• Asking you to leave a review or take a survey
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  Type of Data: Identity, Contact, Profile
  Lawful Basis for Processing:

• Performance of a contract with you
• Necessary to comply with a legal obligation
• Necessary for our legitimate interests (to keep records updated and study how customers use our products/services)

3. Purpose/Activity: To administer and protect our business and website (including troubleshooting, data analysis, testing, system maintenance, support, reporting, and data hosting)
   Type of Data: Identity, Contact, Usage, Technical
   Lawful Basis for Processing:

• Necessary for our legitimate interests (for business operations, provision of IT services, network security, fraud prevention, and in business reorganization or restructuring)
• Necessary to comply with a legal obligation

4. Purpose/Activity: To use data analytics to improve our website, products/services, marketing, customer relationships, and experiences
   Type of Data: Technical, Usage
   Lawful Basis for Processing: Necessary for our legitimate interests (to define customer types, keep our website updated, develop our business, and inform our marketing strategy)

5. Purpose/Activity: To protect your service
   Type of Data: Technical, Usage, Identity
   Lawful Basis for Processing: Necessary for your legitimate interests (to analyze service usage for improvements to engage and retain users)

Cross-Border Debugging and Data Processing

To maintain and improve the functionality of our services, we may process system logs and debugging outputs to diagnose technical issues. While we prioritize data minimization and security, certain debugging information may be accessed by our technical team based in the United States.

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Your Rights and Choices

The GDPR provides consumers (EU/EEA residents) with specific rights regarding their personal information. This section describes your GDPR rights. To exercise any of these rights, please contact us at info@orby.ai.

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• Access to Personal Information — You have the right to obtain confirmation from us that we process your personal information and, if so, you may have the right to request access to your personal information.
• Rectification of Personal Information — You have the right to request that we rectify inaccurate personal information concerning you and, depending on the purposes of the processing, you may have the right to have incomplete personal information completed.
• Erasure/Deletion — You have the right to request us to erase some or all of the personal information concerning you.
• Restriction of Processing — You have the right to request us to restrict the further processing of your personal information. In such cases, the respective information will be marked as restricted, and may only be processed by us for certain purposes.
• Object to Processing — You have the right to object, on grounds relating to your particular situation, to the processing of your personal information by us, and we may be required to no longer process some or all of your personal information.
• Object to Direct Marketing — You have the right to object to the processing of personal information for direct marketing purposes.
• Object to Decision Based Solely on Automated Processing — You have the right not to be subject to a decision based solely on automated processing where the decision has a significant legal impact on you.
• Data Portability — You have the right to receive a copy of your personal information which you have provided to us, in a structured, commonly used, and machine-readable format, and you have the right to request the transfer of that personal information to another entity without hindrance from us.
• Withdraw Consent — You have the right to withdraw consent you have provided to us where we rely solely on your consent to process your personal information. You can always provide your consent to us again at a later time. Please note that the withdrawal will not affect the processing of data based on prior consent.
• Right to Complain — You have the right to lodge a complaint to an applicable supervisory authority or other regulators if you are not satisfied with our responses to your requests or how we manage your personal information. A list of and more information about the EU/EEA Data Protection Authorities can be found here. We encourage you to first or also reach out to us at info@orby.ai, so we have an opportunity to address your concerns directly.

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Procedure for Submitting Complaints

Individuals may submit complaints regarding Orby’s privacy policies, procedures, or compliance by emailing info@orby.ai. Please include a detailed description of the concern, relevant dates, and any supporting documentation. Orby will acknowledge receipt of complaints within 5 business days and aims to provide a resolution or update within 30 days. All submissions will be reviewed and handled in accordance with Orby’s privacy policies and applicable regulations.

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Contact Information:

If you have any questions or comments about this Privacy Policy, the ways in which we collect and use your Personal Data or your choices and rights regarding such collection and use, please do not hesitate to contact us at:

• orby.ai
• info@orby.ai
• 1975 West El Camino Real, Suite 102, Mountain View, California 94040

We have appointed Instant EU GDPR Representative Ltd as Orby AI's EU representative under Article 27 of the GDPR. You may contact our EU representative at the details below:

• Instant EU GDPR Representative Ltd
• Adam Brogden
• contact@gdprlocal.com
• + 353 15 549 700
• INSTANT EU GDPR REPRESENTATIVE LIMITED
  Office 2 12A Lower Main Street, Lucan
  Co. Dublin
  K78 X5P8
  Ireland
• EU Reporting Link: https://orbyai.gdprlocal.com/eu

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