Privacy Policy

Last updated on January, 2023

This Privacy Policy (the “Policy”) describes how Perceptly, Inc. (“Perceptly,” “we,” and “our”) collects, uses, protects,  and shares information, including personal data, about visitors to our website at www.perceptly.io (the “Site”) and users of our services provided through the Site and on our mobile applications (collectively, the “Platform”). 

This Policy is incorporated into our Terms and Conditions, found here (the “Terms”), which governs your use of the Platform.  Capitalized terms used but not defined in this Policy have the meanings provided in the Terms.  By accepting the Terms, you consent to our collection, storage, use and disclosure of your information as described in this Policy. 

As used in this Policy, “personal data” means any information which, either alone or in combination with other information we hold about you, identifies you as an individual, including, for example, your name, postal address, email address and telephone number, and “anonymous data” means data and information that does not permit you to be identified or identifiable, either alone or when combined with any other information available to a third party.         

1.  INFORMATION WE COLLECT

We collect information about you in the following ways:

Information You Give Us. This includes:

  • the personal data you provide when you register to use the Platform, including your‎ name, email address, telephone number, city, state, country, username, password, and age/birthdate,
  • the personal data you provide when you create a profile on the Platform, which may include (at your option): a profile photo; your gender; biographic details that you provide; links to your profiles on various third party sites, including social networking sites (each, an “SNS”)
  • the personal data that may be contained in any video, comment, or other submission you upload or post to the Platform
  • the personal data you provide when you report a problem with the Platform or when we provide you with customer support
  • the personal data you provide when you make a payment to Perceptly through the Platform or otherwise
  • the personal data you provide when you correspond with us by phone, email or otherwise.

Information from Social Networking Sites. The Platform includes interfaces that allow you to connect with SNSs. If you connect to a SNS through the Platform, you authorize us to access, use and store the information that you agreed the SNS could provide to us based on your settings on that SNS. We will access, use and store that information in accordance with this Policy. You can revoke our access to the information you provide from the SNS at any time by amending the appropriate settings from within your account settings on the applicable SNS.

Information We Get from Others. We may also get information about you from other sources, for example, if you have agreed to share information with one of our partners or resellers. 

Information Automatically Collected. We automatically collect information about you and your computer or mobile device when you access our Site and use the Platform. For example, we log your computer or mobile device operating system name and version, manufacturer and model, browser type, browser language, screen resolution, the website you visited before browsing to the Site or Platform, pages you viewed, how long you spent on a page, access times and information about your use of and actions on the Platform. We collect this information about you using cookies. Please refer to the sections on cookies, Flash Technology and Pixel Tags below.

Automated Decision Making and Profiling.  We do not use your personal data for the purposes of automated decision-making. However, we may do so in order to fulfil obligations imposed by law, in which case we will inform you of any such processing and provide you with an opportunity to object.

2. COOKIES

What are cookies?

We collect information using “cookies.” Cookies are small data files stored on the hard drive of your computer or mobile device by a website. We may use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your computer or mobile device until you delete them) to provide you with a more personal and interactive experience on the Site and Platform.

We use two broad categories of cookies: (1) first party cookies, served directly by us to your computer or mobile device, which are used only by us to recognize your computer or mobile device when it revisits our Site or Platform; and (2) third party cookies, which are served by service providers on our Site and Platform, and can be used by such service providers to recognize your computer or mobile device when it visits other websites.

Cookies we use

Our Platform uses the following types of cookies for the purposes set out below:

Type of Cookie: Essential Cookies

Purpose: These cookies are essential to provide you with services available through our Platform and to enable you to use some of its features. For example, they allow you to log in to secure areas of the Platform, identify a referring affiliate and help the content of the pages you request load quickly. Without these cookies, the services that you have asked for cannot be provided, and we only use these cookies to provide you with those services.

Type of Cookie: Functionality Cookies

Purpose: These cookies allow the Platform to remember choices you make when you use our Site and Platform, such as remembering your language preferences, remembering your login details and remembering open projects. The purpose of these cookies is to provide you with a more personal experience and to avoid you having to re-enter your preferences every time you use the Platform.

Type of Cookie: Analytics and Performance Cookies

Purpose: These cookies are used to collect information about traffic to our Platform and how users use our Site and Platform. The information gathered does not identify any individual visitor. The information is aggregated and anonymous. It includes the number of visitors to the Platform, the websites that referred them, the pages they visited on the Platform, what time of day they used the Platform, whether they have visited our Site or used the Platform before, and other similar information.  We use this information to help operate the Platform more efficiently, to gather broad demographic information and to monitor the level of activity on the Platform.

We use Google Analytics and Mixpanel for this purpose. These services use their own cookies. It is only used to improve how the Platform works. You can find out more information about Google Analytics cookies here:  https://developers.google.com/analytics/resources/concepts/gaConceptsCookies

You can find out more about how Google protects your data here: www.google.com/analytics/learn/privacy.html.

You can find out more about how Mixpanel protects your data here: https://mixpanel.com/legal/privacy-policy/

Type of Cookie: Social Media Cookies

Purpose: These cookies are used when you share information using a social media sharing button or “like” button on the Platform or you link your account or engage with our content on or through a social networking website such as Facebook, Twitter or Google+. The social network will record that you have done this.

Disabling cookies

You can typically remove or reject cookies via your browser settings. In order to do this, follow the instructions provided by your browser (usually located within the “settings,” “help” “tools” or “edit” facility).  Many browsers are set to accept cookies until you change your settings. 

Further information about cookies, including how to see what cookies have been set on your computer or mobile device and how to manage and delete them, visit www.allaboutcookies.org and www.youronlinechoices.com.uk.

If you do not accept our cookies, you may experience some inconvenience or be unable to use the Platform. For example, we may not be able to recognize your computer or mobile device and you may need to log in every time you visit the Platform.

3. FLASH TECHNOLOGY

We may also use Flash cookies, also known as Flash Local Shared Objects (“LSOs”), on the Site and Platform to collect and store information about your use of the Site and Platform. Unlike other cookies, Flash cookies cannot be removed or rejected via your browser settings. If you do not want Flash cookies stored on your computer or mobile device, you can adjust the settings of your Flash player to block Flash LSO storage using the tools contained in the Website Storage Settings Panel at https://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager07.html. You can also control Flash LSOs by going to the Global Storage Settings Panel at https://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager03.html and following the instructions. Please note that setting the Flash Player to restrict or limit acceptance of Flash LSOs may reduce or impede the functionality of some Flash applications, including, those used in connection with our Site and Platform.

4. BROWSER LOCAL STORAGE

We also store data locally on your device to enhance the user experience on our Site and Platform. For example, browser local storage allows us to save the state of your current page so that when you return at a later time or refresh the browser, the page will remain the same. We may also use browser local storage to: (i) save a list of items the user last used on the Site or Platform (such as events and properties the user selected) so we can display “recently viewed items”; or (ii) marking once a user has seen a tutorial, video, tooltip or onboarding flow so that the user only sees the content one time.

5. PIXEL TAGS

We also use pixel tags (which are also known as web beacons and clear GIFs) to track the actions of users on our Site and Platform. Unlike cookies, which are stored on the hard drive of your computer or mobile device by a website, pixel tags are embedded invisibly on webpages. Pixel tags measure the success of our marketing campaigns and compile statistics about usage of the Site and Platform so that we can manage our content more effectively. The information we collect using pixel tags is not linked to our users’ personal data.

6. LOCATION TRACKING

We use information about your location if mobile device settings allow it.  We may also use location information provided to us by Third Party Services such as Google Analytics.  We do not store your location information on the Platform, although we may maintain de-identified location data in order to analyze aggregate trends and metrics.

7. USING YOUR PERSONAL DATA

We may use your personal data as follows:

  • to operate, maintain, and improve the Platform;
  • to manage your Account (if you have one), including to communicate with you regarding your Account;
  • to respond to your comments and questions and to provide customer service;
  • to send information including technical notices, updates, security alerts, and support and administrative messages;
  • with your consent, to send you marketing e-mails about upcoming promotions, and other news, including information about products and services offered by us and our affiliates.  You may opt out of receiving such information at any time, and such marketing emails tell you how to do so. Please note, even if you opt out of receiving marketing emails, we may still send you non-marketing emails. Non-marketing emails include emails about your Account with us (if you have one) and our business dealings with you;
  • to process payments you make via the Platform (which are processed using a third party provider);
  • to link or combine user information with other personal data;
  • as we believe necessary or appropriate (a) to comply with applicable laws; (b) to comply with lawful requests and legal process, including to respond to requests from public and government authorities; (c) to enforce our Policy; and (d) to protect our rights, privacy, safety or property, and/or that of you or others; and
  • as described in the “Sharing of your Personal Data” section below.

8. SHARING YOUR PERSONAL DATA

We may share your personal data as follows:

  • Third Parties Designated by You. We may share your personal data with third parties where you have provided your consent to do so.
  • Our Third Party Service Providers. We may share your personal data with our third party service providers who provide services such as payment processing, customer service, email delivery, and other similar services. These third parties are only permitted to use your personal data to the extent necessary to enable them to provide their services to us. They are required to follow our express instructions and to comply with appropriate security measures to protect your personal data. We use Stripe to process all payments made over the Platform. We do not retain any personal data or financial information such as credit card numbers in connection with the processing of payments. Rather, all such information is provided directly to Stripe, whose use of your data is governed by their privacy policy, available at https://stripe.com/privacy.
  •  Corporate Restructuring. We may share personal data when we do a business deal, or negotiate a business deal, involving the sale or transfer of all or a part of our business or assets. These deals can include any merger, financing, acquisition, or bankruptcy transaction or proceeding.

9. ANONYMOUS DATA

We may create anonymous data from the personal data we receive about you and other individuals whose personal data we collect. Anonymous data might include analytics information and information collected by us using cookies.  We make personal data into anonymous data by excluding information (such as your name) that makes the data personally identifiable to you.  We use this anonymous data to analyze usage patterns in order to make improvements to our Platform.

10. THIRD-PARTY SITES

Our Service may contain links to third-party websites and features, including through sign-up options and posting to SNS.  This Policy does not cover the privacy practices of such third parties. These third parties have their own privacy policies and we do not accept any responsibility or liability for their websites, features or policies.  Please read their privacy policies before you submit any data to them.

11. YOUR COMMUNICATIONS ON THE PLATFORM

You may be able to take part in certain activities on our Platform that give you the opportunity to communicate or share information not just with Perceptly, but also with other users of our Platform. These may include:

  • working on a project
  • participating in forums and message boards
  • posting public comments to other users’ profiles or message boards
  • sending private messages to other users, either directly on our websites or to their e-mail accounts
  • chatting with other users
  • posting photos or videos

Please note that any information you post or disclose on publicly available portions of the Platform (reviews, forums, etc.) will become public information, and will be available to other users and, in some cases, the general public. We urge you to be very careful when deciding to disclose your personal data, or any other information, on the Platform.

If you provide feedback to us, we may use and disclose such feedback on our Site and Platform, provided we do not associate such feedback with your personal data without your express consent.   

12. INTERNATIONAL DATA TRANSFER

Your information, including personal data that we collect from you, may be transferred to, stored at and processed by us and our third party providers outside the country in which you reside, including the United States, where data protection and privacy regulations may not offer the same level of protection as in other parts of the world. We will take all reasonable steps to ensure that your data is treated securely and in accordance with this Policy.

As we operate in countries worldwide (including in the US) and use technical infrastructure in the US to deliver the Platform to you, we need to transfer your personal information to the US and to other jurisdictions as necessary to provide the Platform.  Simply put, we cannot provide you with the Platform and perform our contract with you without moving your personal information around the world.  

13. SECURITY

We use reasonable organizational, technical and administrative measures to protect personal data within our organization. Unfortunately, transmission of information via the internet is not completely secure, nor can we guarantee the security of any transmission or storage system. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please immediately notify us of the problem by contacting us as set forth below.

14. RETENTION

We will only retain your personal data for so long as you have an account with the Platform and up to one (1) year thereafter, unless a longer retention period is required or permitted by law (for example for regulatory purposes). 

15. OUR POLICY ON CHILDREN

No one under 18 is authorized to use our Platform. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us using the details above. We will delete such information from our files as soon as reasonably practicable.

16. SENSITIVE PERSONAL DATA

We ask that you not send us any sensitive personal data (e.g., social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background or trade union membership) on or through the Site or Platform. 

If you send or disclose any sensitive personal data to us when you submit any information or content to the Platform, you consent to our processing and use of such sensitive personal data in accordance with this Policy.

17. YOUR RIGHTS

  • Opt-out. You may contact us anytime to opt out of: (i) direct marketing communications; (ii) any new processing of your personal data that we may carry out beyond the original purpose; or (iii) the transfer of your personal data outside the EEA. Please note that you may not be able to use some of the Platform upon opt-out.
  • Access. You may access the information we hold about you at any time via your account or by contacting us directly.
  • Amend. You can also contact us to update or correct any inaccuracies in your personal data.
  • Move. Your personal data is portable – i.e. you to have the flexibility to move your data to other service providers as you wish.
  • Erase and forget. In certain situations, for example when the information we hold about you is no longer relevant or is incorrect, you can request that we erase your data.

If you wish to exercise any of these rights, please contact us using the details above. In your request, please make clear: (i) what personal data is concerned; and (ii) which of the above rights you would like to enforce. 

For your protection, we may only implement requests with respect to the personal data associated with the particular email address that you use to send us your request, and we may need to verify your identity before implementing your request. We will try to comply with your request as soon as reasonably practicable and in any event, within one month of your request. Please note that we may need to retain certain information for recordkeeping purposes and/or to complete any transactions that you began prior to requesting such change or deletion.

18. COMPLAINTS AND DISPUTES

We are committed to resolve any complaints about our collection or use of your personal data. If you would like to make a complaint regarding this Policy or our practices in relation to your personal data, please contact us at: support@perceptly.io.  We will reply to your complaint as soon as we can and in any event, within 45 days. We hope to resolve any complaint brought to our attention, however if you feel that your complaint has not been adequately resolved, you reserve the right to contact your local data protection supervisory authority.

Unless otherwise required by applicable law, any disputes related to this Policy will be handled according to the dispute resolution procedures outlined in the Terms.

19. CHANGES TO THIS POLICY

We will post any modifications or changes to the Policy on this page.  We reserve the right to modify the Policy at any time, so we encourage you to review it frequently.  The “Last Updated” legend above indicates when this Policy was last changed. If we make any material change(s) to the Policy, we will notify you via email and/or post a notice on the Platform prior to such change(s) taking effect.

20. CONTACT INFORMATION

If you have any questions, comments or concerns regarding our Policy and/or practices, please send an e-mail to support@perceptly.io. All other inquiries should be directed to Perceptly’s support page.  Mail may be directed to: Perceptly Inc., Attn: Privacy, 1078 Summit Ave PMB 822 Jersey City, NJ 07307.