Privacy Policy

Last updated: September 1, 2023

Proco Innovation Inc., together with its affiliates ("Proco", "we", "our" or "us"), provides conversational artificial intelligence solutions and support services for brand interactions, including user support "chatbots" (collectively, the "Services"). This Privacy Policy ("Policy") describes how we collect, use, disclose and protect information from and about you through the Services, our website www.proco.io, any other website or mobile application that links to this Policy (the "Site"), and any other interactions (e.g., customer service and other communications) that you may have with Proco.

PLEASE READ THIS POLICY CAREFULLY TO UNDERSTAND HOW WE HANDLE YOUR INFORMATION. IF YOU DO NOT AGREE TO THIS POLICY, PLEASE DO NOT USE THE SERVICES.

This Policy contains the following sections:

• Scope of this Policy
• The Information We Collect
• How We Use Your Information
• Legal Bases for Use of Your Information
• Online Analytics and Advertising
• How We Share and Disclose Your Information
• Retention of Your Information
• Your Rights and Choices
• Third Party Links and Features
• International Users
• How We Protect Your Information
• Privacy Information for California Users
• Changes to Our Policy
• Contact Information

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Scope of this Policy

For purposes of this Policy:

• An "Authorized User" means an individual who accesses the Services as, or on behalf of, a Customer, including Customer personnel.
• A "Customer" means an entity that has contracted with Proco (such as through an applicable Services Agreement or our Terms of Use) to access our Services.
• A "Customer End User" means an individual whose information Proco receives from Customer, or otherwise processes on Customer's behalf, in connection with the Services provided by Proco to Customer pursuant to an applicable Services Agreement. Chatters who interact with the chatbot through the Services are "Customer End Users."
• A "Site Visitor" means an individual who visits our Site outside of the context of our Customers' use of the Services.

This Policy applies to our handling of information about Site Visitors, prospective Customers, and Customers and Authorized Users (in relation to their procurement of the Services and management of their relationship with Proco). We refer collectively to these categories of individuals as "you" throughout this Policy.

However, this Policy does not cover information about Customer End Users that Proco receives from Customer, or otherwise processes on Customer's behalf, in connection with the Services provided by Proco to Customer pursuant to an applicable Services Agreement (including the content of messages of Customer End Users ("End User Communications")). Proco processes End User Communications and other information of Customer End Users under the instructions of the relevant Customer, which is the "data controller" (or occupies a similar role as defined in applicable privacy laws), as described in the applicable Services Agreement between such Customer and Proco. Proco's obligations as a "data processor" or "service provider" with respect to such information are defined in such Services Agreement and applicable data protection addendum and are not made part of this Policy.

If you are a Customer End User and you have questions about how your information is collected and processed through the Services, please contact the organization (Proco Customer) who has provided your information to us for more information.

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The Information We Collect

We collect, store, and use certain information from or about you for the purposes described below:

Information You Provide To Us

We collect a variety of information that you provide directly to us. For example, we collect information from you when you:

• Sign up for and use the Services
• Communicate with us (for example, when you communicate with our customer service teams or submit requests or questions to us via online forms, email, phone, chat, or otherwise)
• Interact with us when we reach out to you by phone or email in our sales and marketing efforts
• Attend our conferences or events or interact with us at other conferences or events

The types of data we collect directly from you include:

• First and last name
• Business contact information (email address, phone number, postal address)
• Personal contact information (email address, phone number, postal address)
• Username and password associated with the Services
• Your position and role in your company or organization
• In accordance with applicable law, photos, videos, or audio recordings of sales calls by voice or video chat
• Any other information you choose to directly provide to us in connection with your use of the Site or Services
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Information We Collect Through Automated Means

When you use our Site or Services, we and our service providers (who are third parties that perform services on our behalf) automatically collect certain information about your device and how you use the Site or Services, including your IP address, browser type, browser language, operating system, the state or country from which you accessed the Site or Services, software and hardware attributes (including device IDs), number of clicks, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time you used the Site or Services, and other similar information. From your IP address, we may be able to infer your general location (e.g., city/state or postal code).

To collect this information, we and our service providers may use "cookies" or similar tools that track, measure, and analyze the behaviors and usage patterns of our users. Cookies are small data files that can be stored on your browser and device so we can recognize you when you return. We use cookies for analytics purposes, to deliver certain features of the Site or Services, to help us understand how users engage with the Site or Services, and to improve your experience. You may set your web browser to notify you when you receive a cookie and to accept or refuse certain cookies. However, if you elect not to accept cookies, some functionality and areas of the Site or Services may be restricted. To learn how to manage your cookies, please follow the instructions from your specific browser, or if accessing the Site or Services via a mobile device, refer to the manufacturer's instructions. For more details, please refer to our Cookie Policy.
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Information We Collect From Others

From time to time, we may collect information about you from other sources, including our affiliates, marketing vendors, and third-party databases. We use this information to supplement the information that we collect directly from you and for any of the purposes described in the next section.

When you "like" or "follow" us on Facebook, LinkedIn, Twitter or other social media sites, we may collect some information from you including your name, email address, and any comments or content you post relevant to us.

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How We Use Your Information

We use your information for various purposes depending on the types of information we have collected from and about you to:

• Provide and maintain our Site and Services
• Respond to your inquiries and requests for information, and provide you with more effective and efficient customer service
• Engage in analysis and research regarding use of the Site and Services, improve the Site and Services, and develop new products and services
• Measure the effectiveness of our advertising and deliver relevant advertising to you
• To suggest Services that may be of interest to you
• Secure our Site and Services and resolve technical issues being reported
• Comply with any procedures, laws, and regulations which apply to us where it is necessary for our legitimate interests or the legitimate interests of others
• Establish, exercise, or defend our legal rights where it is necessary for our legitimate interests or the legitimate interests of others

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Aggregate/De-Identified Information: We may aggregate and/or de-identify any information collected through our Services so that such information can no longer be linked to you or your device ("Aggregate/De-Identified Information"). We may use such information for any purpose, including without limitation for research and marketing purposes, and may also share such data with any third parties, including advertisers, partners, and sponsors.

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Legal Bases For Use Of Your Information

The legal bases for using your information as set out in this Policy are as follows:

• Where we need to perform the contract we are about to enter into or have entered into with you for the Site or Services
• Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests
• Where we need to comply with a legal or regulatory obligation
• Where we have your consent to process your information in a certain way

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Online Analytics And Advertising

1. ANALYTICS. We may use third-party web analytics services (such as those of Google Analytics) on our Site or Services to collect and analyze usage information through cookies and similar tools; engage in auditing, research, or reporting; assist with fraud prevention; and provide certain features to you. To prevent Google Analytics from using your information for analytics, you may install the Google Analytics Opt-out Browser Add-on by clicking here. If you receive email from us, we may use certain analytics tools, such as clear GIFs to capture data such as when you open our message or click on any links or banners our email contains. This data allows us to gauge the effectiveness of our communications and marketing campaigns.
2. ONLINE ADVERTISING. In using the Site or Services, we may allow select third-party advertising technology partners to place cookies or other tracking technologies on the browser of your device to collect information about you as discussed above. These third parties (e.g., ad networks and ad servers such as Twitter Ads, Bing Ads, and others) may use this information to serve relevant content and advertising to you as you browse the Internet, and access their own cookies or other tracking technologies on your browser to assist in this activity. If you are interested in more information about these online advertising activities, and how you can generally control cookies from being put on your computer to deliver tailored advertising, you may visit the Network Advertising Initiative's Consumer Opt-Out link, the Digital Advertising Alliance's Consumer Opt-Out link, or Your Online Choices to opt-out of receiving tailored advertising from companies that participate in those programs. We do not control these opt-out links or whether any particular company chooses to participate in these opt-out programs. We are not responsible for any choices you make using these mechanisms or the continued availability or accuracy of these mechanisms. Please note that if you use these mechanisms, you may still see advertising on our Site or Services or across the Internet, but it will not be tailored to you based on your online behavior over time.
3. DO NOT TRACK ("DNT"). DNT is a privacy preference that web users can set in certain web browsers. We are committed to providing you with meaningful choices about the information collected on our Services through cookies and similar technologies, and that is why we provide the variety of opt-out mechanisms listed above. However, we do not currently recognize or respond to browser-initiated DNT signals.

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How We Share And Disclose Your Information

We will share your information in the following ways:

• Service Providers. We provide access to or share your information with select third parties who help us deliver or improve our Site and Services or perform services on our behalf, including billing and payment, advertising and marketing, analytics, fraud prevention, research, data storage or processing, security, and consulting and legal services.
• Affiliates and Subsidiaries. We may share the information we collect within the Proco family of companies for the purposes outlined in this Policy.
• Your Company. If you are an Authorized User, we may provide your information to the company you are engaged or employed by to fulfill and enforce ourapplicable sales agreement with your company, and to inform your company regarding usage, support, or training needs.
• Protection of Proco and Others. By using the Site or Services, you acknowledge and agree that we may access, retain, and disclose the information we collect and maintain about you if required to do so by applicable law or in a good faith belief that such access, retention or disclosure is reasonably necessary to: (a) comply with legal process (e.g. a subpoena or court order); (b) enforce any contracts with you; (c) respond to claims that any content violates the rights of third parties; and/or (d) protect the rights, property or personal safety of Proco, its agents and affiliates, its users and/or the public.
• Business Transactions. In accordance with applicable legal obligations, your information may be provided to third parties in connection with a merger or acquisition (including transfers made as part of insolvency or bankruptcy proceedings) involving all or part of Proco or our assets, or as part of a corporate reorganization or stock sale or other change in corporate control or business change, including for the purpose of determining whether to proceed or continue with such transaction or business relationship.
• Aggregate/De-Identified Information. From time to time, we may share Aggregate/De-identified Information about use of the Site or Services or our user base with partners and others in our discretion, but such information will not identify you personally.
• With Your Consent or at Your Direction. In addition to the sharing described in this Policy, we may share information about you with third parties whenever you consent to or direct such sharing.

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Retention Of Your Information

We keep your information for no longer than necessary for the purposes for which it is processed. The length of time for which we retain information depends on the purposes for which we collect and use it and/or as required to comply with applicable laws.

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Your Rights And Your Choices

You have certain rights with respect to your information as further described in this section.

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Your Legal Rights

If you would like further information in relation to your legal rights under applicable law or would like to exercise any of them, please contact us using the information in the "Contact Information" section below at any time. Your local laws (e.g., if you are a citizen or resident of the European Economic Area or California) may permit you to request that we:

• provide access to and/or a copy of certain information we hold about you
• update information which is out of date or incorrect
• delete certain information that we are holding about you
• restrict the way that we process and disclose certain of your information

Such laws may also permit you to revoke your consent to the processing of your information for certain purposes. We will consider all requests and provide our response within the time period stated by applicable law and as otherwise required by applicable law. Please note, however, that certain information may be exempt from such requests in some circumstances, which may include if we need to keep processing your information for our legitimate interests or to comply with a legal obligation. We may request you provide us with information necessary to confirm your identity before responding to your request.

If you are a Customer End User and your information has been collected by Proco as a result of our Customer's use of the Services pursuant to a Services Agreement between Customer and Proco, Proco collects and processes any information of yours under the directions of the relevant Customer. If these circumstances apply to you and you wish to access, correct, delete or exercise any rights you may have under applicable data protection laws with respect to any information that we have collected about you, please direct your query to the relevant Customer, as this may expedite the completion of your request. We will provide reasonable assistance to our Customers to give effect to data subject rights as appropriate and required by applicable laws.

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Marketing Communications

If, in accordance with applicable legal requirements, we send you marketing communications regarding our Services or the services of third parties that we believe will be interesting to you, you can ask us to stop sending such communications at any time by contacting us using the information in the "Contact Information" section below. In our marketing email messages, you can also opt-out by following the instructions located at the bottom of such emails. Please note that, regardless of your request, we may still use and share certain information as permitted by this Policy or as required by applicable law. For example, you may not opt out of certain transactional emails from us, such as those confirming your requests or providing you with updates regarding our Policy or other terms.

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Third-Party Links And Features

Our Services may contain links to third-party websites. If you choose to visit these sites and use their services, please note that we are not responsible for their content or privacy practices. The collection, use, and disclosure of your information will be subject to the privacy policies of the third-party websites, and not this Policy. We urge you to read the privacy policies of these third parties.

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International Users

Your information is maintained and processed by us and our third-party service providers in Canada, the United States, and elsewhere. Thus, your information may be maintained, processed, and stored in other jurisdictions that may have different data protection laws than those in your country of residence. In the event that your information is transferred in these ways, please note that we comply with applicable legal requirements governing the transfer of information across borders. By using the Services, you agree to and acknowledge these transfers.

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How We Protect Your Information

Proco takes a variety of technical and organizational security measures to protect the information provided to us from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or email transmission is ever fully secure or error-free. Please keep this in mind when disclosing any information to us online.

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Privacy Information For California Users

If you are a California resident, California law requires us to provide you with some additional information regarding how we collect, use, and share your "personal information" (as defined in the California Consumer Privacy Act ("CCPA")).

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Categories of Personal Information We Collect and How We Use Them

Throughout this Policy, we discuss in detail the specific pieces of personal information we collect from and about our users. Under the CCPA, we are also required to provide you with the "categories" of personal information we collect and how we use each category of personal information. The categories we collect are: