Privacy Policy

Productive.ai Privacy Policy
Last Updated: October 8th, 2023

 

INTRODUCTION AND OVERVIEW
Phoneic Inc, (“Phoneic”, “Productive.ai”, Productive®”, “Productive.app” “we”, “us” or “our”) respects the privacy of the visitors to our digital properties and the users of our Productive.ai products and services (“you,” “your,” or “Users”), and we are committed to protecting it through our adherence to this privacy policy (“Privacy Policy”).

This Privacy Policy describes how Phoneic collects, stores, uses, and safeguards your information when you use our website at https://productive.ai/ (the “Site”), are a customer using our mobile/tablet applications, such as the Productive App available on iOS and Android (“Apps”), and through any other websites, pages, features, or content owned and operated by Phoneic that direct to this Privacy Policy (collectively, including the Site and Apps, the “Services”).

By using our Services, you acknowledge that we will collect and process your personal information in accordance with this Privacy Policy, and you consent to the practices and terms set forth in our Terms of Service, available here. If you do not feel comfortable with any part of this Privacy Policy or our Terms of Service, please discontinue use of the Services or engaging with Phoneic immediately.

Please note as well that Phoneic encourages Users of the Services to familiarize themselves with the Services’ various account and privacy settings, including in relation to call recordings, as it is the User of our Services that remains responsible for compliance with applicable call recording laws and seeking consents where required.

TABLE OF CONTENTS
1. UPDATES TO THIS PRIVACY POLICY
2. INFORMATION WE COLLECT ABOUT YOU AND HOW WE COLLECT IT
3. HOW WE USE YOUR INFORMATION
4. SHARING AND DISCLOSURE OF PERSONAL INFORMATION
5. COOKIES AND OTHER TRACKING TECHNOLOGIES
6. RETENTION
7. YOUR PRIVACY RIGHTS AND CHOICES
8. INTERNATIONAL TRANSFERS
9. DATA SECURITY
10. INTEGRATION OF THIRD-PARTY PLATFORMS AND SERVICES
11. CHILDREN’S PRIVACY
12. CONTACT US

1. UPDATES TO THIS PRIVACY POLICY
We may update this Privacy Policy from time to time to reflect changes in the law or as we update or expand our Services. When we make a change, we will provide you with notice of such updates as required by applicable law, and will revise the “Last Updated” date at the top of this Privacy Policy. All changes will be effective as of the “Last Updated” date. We encourage you to look for updates and changes to this Privacy Policy by checking this page when you access our Services. If you have any questions about this Privacy Policy, please reach out to us anytime at [email protected] or as described in the contact information included within the “Contact Us” section below.

2. INFORMATION WE COLLECT ABOUT YOU AND HOW WE COLLECT IT
Phoneic collects personal information when you interact with our Services. Personal information, generally, is any information that identifies or makes an individual identifiable. The definition of personal information (used interchangeably in this Privacy Policy with the term “personal data”) depends on the applicable law based on your physical location or residence. Only the definition that applies to your physical location or residence will apply to you under this Privacy Policy.

The types of personal information that we may collect about you are described below.

a. Information You Voluntarily Provide to Us: The personal information we collect on or through our Services may include:
• Account Registration: information relating to the creation of an account on one of our websites or mobile applications, such as first and last name, email address, postal address, telephone number, and/or a unique individual password;
• Form Submissions: information that you provide by filling in forms that we make available. This includes when requesting information or assistance;
• Contact Lists: with your permission, you may provide us your contact lists, or the name and phone number of persons with whom you wish to connect through the Services;
• Session Audio, Video & Messaging Information: as part of our Services, we collect the audio, video, and messaging (including SMS, in-app chat, and other messaging channels) that you send through Productive, and the information contained therein, should you opt-in to recording or otherwise storing that information;
• Newsletter Sign-ups: information relating to our newsletter subscription page, including name and email address;
• Technical Support: information you provide when you report a problem with our Services or otherwise communicate with us by email, our Site, by telephone, in writing or through other means;
• Customer Service: records and copies of your correspondence (including email addresses), if you contact us by telephone or in writing or via chat, including for customer support;
• Promotions and Feedback: information relating to your participation in a promotion, or survey that we may ask you to complete for research purposes;
• Payment Information: payment card, transaction or financial account information, if you make a purchase online or sign up via our order forms;
• Device Permissions: information relating to your use of features of our Services that may ask you to grant us access to location information, photos, notes, microphone, calendars, video camera, or media on your computer or mobile device. You also may optionally choose to connect and transfer over information from third-party services to one of our Apps, such as a customer relationship management (“CRM”) database or an email service. Such sharing from an unaffiliated service is entirely voluntary, but if you provide us permission to do so, we will transfer over the information stored in the third-party service to your Phoneic App or account.

b. Audio Recordings: We collect audio recordings of phone call conversations that you capture using the Services.

We collect these audio recordings in order to create a transcript of the service using the Phoneic proprietary ASR (automatic speech recognition), and speaker ID technology.
We may select segments of raw or partially processed audio and associated transcribed text from multiple recorded conversations from different Users of the Services to be used as training data to automatically train our proprietary artificial intelligence (AI) technology. Only after receiving explicit permission from the Customer we may manually transcribe certain recorded conversations to further enrich our training data.
Our data analytics tools and capabilities enable our customers to collect, store, analyze, and share the contents of audio, video, image, and text-based communications such as phone calls, video calls, emails, chats, webinars, and meetings, along with associated data and documentation. These recordings and analysis thereof may also contain business information or personal information, such as names, titles, and contact information. We may reproduce, analyze, summarize, and disclose these files, recordings, and any results of our Services with such customers and their relevant personnel and other team members, and customers may share this information with their personnel or others.
How we retain audio recordings:

We store a copy of the recording, the associated transcript, speaker ID, and other related metadata until it is deleted by the user who uploaded the recording. If it is deleted by the user no record will be retained by Phoneic.

When you place a call through the Service, your phone number is logged by one of our telephony partners. If and when you request for your account to be terminated by emailing us, you may also request that we remove all logs containing your phone number from our partners’ systems.

c. Information from Third Parties: When you interact with our Services or accounts on a social media platform, we may collect the personal information that you or the platform make available to us on that page or account, including your social media account ID and/or user name associated with that social media service, your profile picture, email address, friends list or information about the people and groups you are connected to and how you interact with them, and any information you have made public in connection with that social media service.
The information we obtain depends on your privacy settings on the applicable social media service; we will comply with the privacy policies of the social media platform and we will only collect and store such personal information that we are permitted to collect by those social media platforms. When you access our Services through social media channels or when you connect our Services to social media services, or in situations where you choose to sync information stored with an unaffiliated third-party service with your Phoneic App, you are authorizing us to collect, store, and use such information and content in accordance with this Privacy Policy.

d. Information Collected Automatically: As you navigate through and interact with our Services, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions and patterns, including:
• Telephony: as part of our Services, we collect information concerning customer call records such as time, duration, the number of the called party.
• Information About Your Use of the Services: when you browse our Site, our systems automatically collect information such as your web request, Internet Protocol (“IP”) address, browser type, browser language, domain names, referring and exit pages and URLs, platform type, pages viewed and the order of these page views, the amount of time spent on particular pages, and the date and time of your request.
• Device Information: if you access the Services through a mobile device (e.g., a smart phone or tablet), we may be able to identify the general location of your mobile device, your mobile device’s brand, model, operating system, resolution, screen size, system version, mobile network information, and your mobile device’s advertising ID.
• Third-Party Integrations: if you integrate third-party services, such as Salesforce, Hubspot, Zoho or Gmail, information you allow to be shared from those services will automatically be imported or integrated with our Services.
• Performance Data: information about your preferences to make your use of the Services more productive, via the use of cookies or similar tracking technologies.
For more information about how we collect your information automatically, please see the “Cookies and Other Tracking Technologies” Section below.
e. Phone Number Tied to Services. Please note that when using our Services, your account is tied solely to your phone number. You must verify your number using the procedure within the Services before you can use the Services. Should your phone number change, it is your responsibility to secure your recordings by backing them up and/or deleting them before changing numbers. We are not responsible for your recordings being accessed by someone else who acquires your old phone number and then installs the Services.


3. HOW WE USE YOUR INFORMATION
Phoneic will only use your personal information as described in this Privacy Policy or as disclosed to you prior to such processing taking place. We process your personal information for the following purposes:

a. To Provide You Our Services: providing any services or products that you request or purchase in connection with the Services, such as for placing and receiving voice and video calls, recording and transcription, note-taking, conversation summaries, analytics, creation of tasks, scheduling via calendars you integrate, CRM logging, processing a payment for a particular purchased feature or function, or use of CAVI, our AI Voice Assistant that creates e-mails and event invites, researches conversation items, and more;
b. To Provide You with Service-Related Communications: contacting you regarding the administration of any features or functions of the Site or Apps you have registered to use, and notifying you about changes to our Services, our policies, terms, or any products or services we offer or provide though our Services;
c. To Provide Customer Support or to Respond to You: providing you with notices about your account and responding to your questions or other requests;
d. To Send You Marketing and Promotional Emails: contacting you with newsletters, surveys, marketing or promotional materials and other information that may be of interest to you based on the Services that you already use or the offerings that you have already purchased or inquired about, unless you have opted not to receive such communications;
e. For Internal Use and Services Improvement: accumulating and reporting aggregate, statistical information in connection with the Site, Apps, and user activity, including determining which features and services Users like best to help us operate, enhance, and improve our Services;
f. To Enforce Compliance with Our Agreements or Policies: keeping you secure and safe while using our Services, which requires us to process your personal information in accordance with this Privacy Policy to combat spam, malware, malicious activities, fraud, or security risks as part of our ongoing maintenance and enforcement of our security measures, and carrying out our obligations and enforcing our rights arising from any contracts entered into between you and us, including for billing and collection;
g. To Maintain Legal and Regulatory Compliance: processing personal information to pay our taxes, fulfill our business obligations, for compliance with employment and recruitment laws, or as necessary to manage risk under applicable law;
h. For Customization: saving your user account, registration and profile data or other personal information (so you do not have to re-enter it each time you visit or use the Services); tracking your return visits to and use of the Services; tailoring your experience on the Services; and/or otherwise customizing what you see when you visit and use the Services;
i. For Research Purposes: for research purposes and to provide anonymous reporting for internal and external clients and business partners;
j. With Your Consent: for any other purpose disclosed to you prior to you providing us your personal information or which is reasonably necessary to provide the Services or other related products and/or services requested, with your permission or upon your direction;
Aggregated or Deidentified Data. We may also aggregate or deidentify any personal information that we collect in connection with our Services, such that the information is no longer directly identifiable or attributable to you. We may use such aggregated or de-identified information for our own legitimate business purposes without restriction.


4. SHARING AND DISCLOSURE OF PERSONAL INFORMATION
We may share or disclose your personal information in the following circumstances:
a. Within Our Corporate Organization. We may share your personal information with any subsidiaries and affiliates in order to provide you with the Services and take actions based on your request, as well as for the purpose of management and analysis.
b. Service Providers. We may employ other companies and individuals to facilitate our Services, provide services on our behalf, perform service-related business activities, or assist us in analyzing how our Site or Apps are used. These service providers provide us support services such as credit card processing, payment gateways, subscription processing, website hosting, customer relationship management, crash reporting, user acquisition services, email and postal delivery, analytics, advertising measurement, surveys, logging User event data, marketing services, and videoconferencing. The service providers have access to your personal information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
c. Corporate Transactions. We may disclose personal information to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our Services users is among the assets transferred. Unless you write us as described in the “Contact Us” section below to request to be opted out of having your information shared with a successor our acquirer, you agree to and do hereby consent to our assignment or transfer of rights to your personal information.
d. As Required by Law and to Protect Lawful Interests. We may disclose your information if we believe that the disclosure is required by law, if we believe that the disclosure is necessary to enforce our agreements or policies, in response to valid requests by public authorities (e.g., a court or a government agency), or if we believe that the disclosure will help us protect the rights, property, or safety of Phoneic or our customers.
e. With Your Consent. We may disclose your personal information for any purpose with your consent.
Please note that we may disclose, without restriction, aggregated or deidentified information about the users of our Services, which is information that does not identify any specific individual.


5. COOKIES AND OTHER TRACKING TECHNOLOGIES
We may use cookies, embedded scripts, software development kits (“SDKs”) and other similar technologies (collectively, “Tracking Technologies”) to collect additional personal information automatically as you interact with the Services and to personalize your experience with our Services. We also may use these technologies to collect information about your online activities over time and across third party websites or other online services.
a. Cookies. Cookies are small web files that a site or its provider transfers to your device’s hard drive through your web browser that enables the site’s or provider’s system to recognize your browser and remember certain information. We use first-party and third-party cookies for the following purposes:
• to make our Services function properly;
• to improve our Services;
• to make login to our Services easier (such as by remembering your user ID);
• to recognize you when you return to our Services and to remember information you have already provided;
• to track your interaction with the Services;
• to collect information about your activities over time and across third party websites or other online services in order to deliver content and advertising tailored to your interests;
• and to provide a secure browsing experience during your use of our Services.
We may place cookies from third-party service providers who may use information about your visits to other websites to target advertisements for products and services available from us. We do not control the types of information collected and stored by these third-party cookies. You should check the third-party’s website for more information on how they use cookies.
b. Your Choices
Your browser may provide you with the option to refuse some or all browser cookies. You may also be able to remove cookies from your browser. You can exercise your preferences in relation to cookies served on our Site by taking the steps outlined below.
• First-Party Cookies. You can use the browser with which you are viewing this Site to enable, disable or delete cookies. To do this, follow the instructions provided by your browser (usually located within the “Help”, “Tools” or “Edit” settings). Please note, if you set your browser to disable cookies, you may not be able to access secure areas of the Site. Also, if you disable cookies other parts of the Site may not work properly. You can find more information about how to change your browser cookie settings at http://www.allaboutcookies.org.
• Third-Party Cookies. Many advertising companies that collect information for interest-based advertising are members of the Digital Advertising Alliance (DAA) or the Network Advertising Initiative (NAI), both of which maintain websites where people can opt out of interest-based advertising from their members. To opt-out of website interest-based advertising provided by each organization’s respective participating companies, visit the DAA’s opt-out portal available at http://optout.aboutads.info/, or visit the NAI’s opt-out portal available at http://optout.networkadvertising.org/?c=1.
Residents of the European Union may opt-out of online behavioral advertising served by the European Interactive Digital Advertising Alliance’s participating member organizations by visiting https://www.youronlinechoices.eu/.
To opt-out of data collection for interest-based advertising across mobile applications by participating companies, download the DAA’s AppChoices mobile application opt-out offering here: https://youradchoices.com/appchoices.

We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. In addition, most web browsers provide help pages relating to setting cookie preferences. More information may be found for the following browsers here:

• Google Chrome
• Internet Explorer
• Mozilla Firefox
• Safari (Desktop)
• Safari (Mobile)
• Android Browser
• Opera
• Opera Mobile
c. Analytics


We may use third-party service providers to monitor and analyze the use of our Site. Presently, we use Google Analytics. Google Analytics is a web analytics service offered by Google LLC (“Google”) that tracks and reports Site traffic. For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy?hl=en. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics, available at: https://tools.google.com/dlpage/gaoptout.
e. Other Tracking Technologies
To see how our Site is performing we sometimes use conversion beacons, tags, scripts and pixels, which fire a short line of code to tell us when you have clicked on a particular button or reached a particular page. We also use these tracking technologies to analyze usage patterns of our Services. The use of these technologies allows us to record that a particular device, browser, or application has visited a particular webpage.
f. Do Not Track
Some Internet browsers, such as Internet Explorer, Firefox, and Safari, include the ability to transmit “Do Not Track” or “DNT” signals. Since uniform standards for “DNT” signals have not been adopted, our Site does not currently process or respond to “DNT” signals.
g. Location-Based Services
If you enable location-based services on your computer or mobile device in connection with your use of the Services, you expressly consent to Phoneic collecting the geolocation (which may include specific longitude and latitude) of your device. This information will be used as set forth in this Privacy Policy, including to locate nearby locations that offer Phoneic products and to provide specific advertising content or messages based on your location.
h. Mobile App Advertising
When you use our Apps, we or our third party marketing partners may use one or more of several different identifiers for your mobile device, including Apple Identifier For Advertising (IDFA) or Android Advertising ID (AAID), to target and deliver ads to you in our app or other apps. This means that your device identifier may be accessed by third-party ad networks and used to (a) help manage the number and types of ads you see; (b) track the source of installs related to ads seen in other apps; and (c) identify your interests and behavior and target advertising to you based on those interests and behavior.
Apple requires app developers to ask for permission before they can track your activity across apps or websites they do not own in order to target advertising to you, measure your actions due to advertising, or to share your information with data brokers. If you previously gave our mobile app permission to track, you can tell our app to stop tracking your activity. On iOS or iPadOS, go to Settings, tap on our app, then tap to turn off Allow Tracking. You can also reset your IDFA from your mobile device’s settings page, which will prevent continued use of existing behavioral data tied to your previous IDFA.
If you have an Android device, and are running Android 12 or above, you can delete your AAID permanently by opening Settings, navigating to Privacy > Ads, tapping “Delete advertising ID,” then tapping it again on the next page to confirm. This will prevent any app on your phone from accessing it in the future. Please note that if you do so, you will still see advertisements, but they will not be tailored to your inferred interests.

6. RETENTION
Phoneic will retain your personal information only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your personal information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data or the information you provided to us to comply with applicable laws), resolve disputes and enforce our legal agreements and policies. We will retain your marketing contact information until you unsubscribe from our marketing communications. We will also retain Site and Apps usage data for internal analysis purposes. Usage data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Services, or we are legally obligated to retain this data for longer periods.


7. YOUR PRIVACY RIGHTS AND CHOICES
Depending on applicable law where you reside or are located, you may be able to assert certain rights identified below with respect to your personal information. If any of the rights listed below are not provided to you under the law that governs the processing of your personal information, we have full discretion in providing you with those rights.
Your rights in relation to your personal information are not absolute. Depending upon the applicable law, your rights under the applicable law may be restricted or denied: (a) when denial of access is required or authorized by law; (b) when granting access would have a negative impact on another’s privacy; (c) to protect our rights and properties; or (d) where the request is frivolous or vexatious, or for other reasons.
Subject to the conditions and qualifications above, we extend the following rights to Users of our Services:
1. Right to Know/Access. You may have the right to obtain a copy of the personal information that you have provided us that we hold about you.
2. Right to Correct. You may have the right to correct any of your personal information in our records and systems. You may request us to rectify, correct or update any of your personal information held by us that is inaccurate. In addition to the methods described below, you can correct your personal information through your account settings.
3. Right to Delete. Under certain circumstances, you may have the right to request that we delete the personal information that we hold about you. This right is not absolute, and we may refuse such a request if there are compelling legitimate grounds for keeping your personal information, or as required by law. In addition, in the event your deletion request is honored, we may retain a record of your deletion request as required under applicable laws and their exceptions.
Submission of Requests. In many cases, you may exercise these rights yourself via self-service in your account settings. You may also exercise these rights by: (i) emailing us at [email protected] with the subject line “Privacy Rights Request”, or as provided in the Contact Us section below.
Before fulfilling your request, we may require you to verify the personal information we already have on file to confirm your identity. If we cannot verify your identity based on the information we have on file, we may request additional information from you, which we will only use to verify your identity, and for security or fraud-prevention purposes.
Marketing Communications. You may choose to provide us with your email address to send free newsletters, surveys, offers, and other promotional materials to you, as well as targeted offers from third parties. You can stop receiving promotional emails by following the unsubscribe instructions in emails that you receive. If you decide not to receive promotional emails, we may still send you service-related communications. If you sign up to receive text messages from us that contain promotional information, you can opt-out of receiving future messages by replying “STOP.”
California Privacy Rights. Under Cal. Civ. Code § 1798.80, a user residing in the State of California has the right to request from us a list of all third parties to which we have disclosed personal information during the preceding year for direct marketing purposes. We do not disclose such information for direct marketing purposes, and so no such list exists. For questions about this policy, please contact us at [email protected]. We make no representations concerning third parties that do not collect personal information directly through the Website. These disclosures are made under Cal. Bus. & Prof. Code § 22575.

8. INTERNATIONAL TRANSFER
Our Sites, Apps and Services are intended for U.S. audiences. When you access or use our Services, your personal information may be processed in the United States or any other country in which Phoneic, its affiliates, or service providers maintain facilities. Such countries or jurisdictions may have data protection laws that are less protective than the laws of the jurisdiction in which you reside. If you do not want your information transferred to, processed, or maintained outside of the country or jurisdiction where you are located, you should immediately stop accessing or using the Services.
We transfer your personal information subject to appropriate safeguards as permitted under the data protection laws, including: (i) through the use of standard contractual clauses approved by an appropriate regulatory authority, such as the European Commission or the U.K. Information Commissioner’s Office; (ii) an Article 49 derogation in specific situations; or (iii) any other compliant transfer mechanism. We may also rely on an adequacy decision of the appropriate regulatory authority confirming an adequate level of data protection in the jurisdiction of the party receiving the information.

9. DATA SECURITY
We have implemented reasonable measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. Any payment transactions will be encrypted using SSL or other encryption technology, or will use our third party payment processors, who will use appropriate security procedures.
The safety and security of your information also depends on you. Where you have chosen a password for access to certain parts of our Services, you are responsible for keeping this password confidential. You should not share your password with anyone.
Unfortunately, the transmission of information via the Internet is not completely secure. Although we strive to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Service. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Services. If you believe that any of your personal information held by Phoneic has possibly been compromised, please contact us immediately as described in the “Contact Us” section below.

10. INTEGRATION OF THIRD-PARTY PLATFORMS AND SERVICES
The Services may be linked to, rely on and be integrated with websites, applications, interfaces, services and platforms operated by other companies, including third-party services. The Site or Apps may also feature advertisements from these companies. We are not responsible for the privacy practices of such websites, applications, interfaces, services and platforms operated by third parties that are linked to, rely on and/or integrated with the Services or for the privacy practices of third party advertising companies. Once you leave our Services via a link, access a third-party service or click on an advertisement, you should check the applicable privacy policies to determine, among other things, how related companies process personal information they may collect about you. This Privacy Policy applies solely to information collected by Phoneic.

11. CHILDREN’S PRIVACY
Phoneic Services are not directed toward children under the age of 16, and we do not knowingly collect any personal information from children under the age of 16. If a child under 16 provided our Site or Apps with personal information, we ask that a parent or guardian contact us as described below so that we may promptly delete the child’s information from our record.

12. CONTACT US
We welcome your questions, comments, and concerns about privacy. You can contact us anytime via at [email protected].

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