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Privacy Policy

Last Updated:

Jan 12, 2024

Welcome to OctoML. Your privacy is important to us. Please read this Privacy Policy carefully. It explains our practices regarding the collection, storage, use, processing, and disclosure of personal information that we receive in the course of providing our online products and services to you.

This Privacy Policy describes how OctoML, Inc. and our subsidiaries and affiliates (collectively, “OctoML,” “we,” “us,” and “our”) handle personal information that we collect through our websites, online products, and other digital properties that link to this Privacy Policy (collectively, the “Services”), and through other activities described in this Privacy Policy. It also describes your rights relating to your personal information. More information about your rights, and how to exercise them, is set out in the “Your Choices” section below.

This Privacy Policy covers the following topics:

What Personal Information Do We Collect?

Information you provide to us. Personal information you may provide to us through the Services or otherwise includes:

  • Account data, such as your name, email, password, company, and country.
  • Payment and transactional data needed and produced as part of your subscription to our Services.
  • Contact data, such as your name, phone number, email, job title, company, and office address.
  • Communications that we exchange, including when you communicate with us via the Services' chat feature described here, or contact us with questions, feedback, or otherwise.
  • Marketing preference data, such as your preferences for receiving our marketing and other communications.
  • Other information that we may collect which is not specifically listed here, which we will use as described in this Privacy Policy or as otherwise disclosed at the time of collection.
Third party sources. We may combine personal information we receive from you with personal information we obtain from other sources. The third parties that provide us with personal information may include:
  • Data providers, such as information services and data licensors.
  • Public sources, such as social media platforms.
Automatic data collection. We, our service providers, and our business partners may automatically log information about you, your computer, or mobile device, and your activity over time on the Services, such as:
  • Device data, such as your computer’s or mobile device’s operating system type and version, manufacturer and model, browser type, screen resolution, RAM and disk size, CPU usage, device type (e.g., phone, tablet), IP address, unique identifiers (including identifiers used for advertising purposes), language settings, radio/network information (e.g., WiFi, LTE, 3G), and general location information such as city, state or geographic area derived from your IP address.
  • Online activity data, such as pages or screens you viewed, how long you spent on a page or screen, the website you visited before browsing to the Services, navigation paths between pages or screens, information about your activity on a page or screen, access times, duration of access, and UTM data.

Like many online services, we may use some or all of the following technologies to facilitate our automatic data collection:

  • Cookies, which are text files that websites store on a user’s device to uniquely identify the visitor’s browser or to store information or settings in the browser for the purpose of helping you navigate between pages efficiently, remembering your preferences, enabling functionality, helping us understand user activity and patterns, and facilitating online advertising.
  • Web beacons, also known as pixel tags or clear GIFs, which are typically used to demonstrate that a webpage or email was accessed or opened, or that certain content was viewed or clicked, typically to compile statistics about usage of websites and the success of marketing campaigns.
  • Local storage, which is used to save data on a user’s device. We may use data from local storage to, for example, turn on web navigation, store multimedia preferences, customize what we show you based on your past interactions with our Services, and remember your preferences.
  • Session replay technologies. We use third-party services that record users’ interactions with the Services in a manner that allows us to watch DVR-like replays of those user sessions. The replays may include users’ clicks, mouse movements, scrolls, and keystrokes/key touches during those sessions. These replays help us diagnose usability problems and identify areas for improvement. For example, we use session replay services provided by Hotjar. You can learn more about Hotjar at https://www.hotjar.com/legal/policies/privacy/.
Chat technologies. We use third party services, such as those provided by Intercom, that employ cookies and software code to operate chat features that you can use to communicate with us through the Services. Intercom and other third parties may access and use information about webpages visited on our website, your IP address, your general location (e.g., country, state, city), and other personal information you share through online chats for the purposes described in this Privacy Policy.

How Do We Use Your Personal Information?

We use your personal information for the following purposes or as otherwise described at the time we collect it:

Service delivery. We may use your personal information to:
  • Provide, operate, and improve the Services and our business;

  • Establish, monitor, and maintain your account on the Services;

  • Enable security features of the Services, such as by sending you security codes via email, and remembering devices from which you have previously logged in;

  • Communicate with you about the Services, including by sending announcements, updates, security alerts, and support and administrative messages; and

  • Provide support for the Services, and respond to your requests, questions, and feedback.

Research and development. We may use your personal information to offer opportunities to participate in research surveys and other activities and to otherwise conduct research and development, such as to develop user profiles and segmentation to provide you with personalized resources and opportunities, to analyze and improve the Services and our business, and to develop new features, functionality, products, and services. As part of these activities, we may create aggregated, de-identified, or other anonymous data from personal information we collect. We make personal information into anonymous data by removing information that makes the data personally identifiable to you. We may use this anonymous data and share it with third parties for our lawful business purposes, including to analyze and improve the Services and promote our business. When we create de-identified data from your personal information, or receive such de identified data from a third party, we will maintain and use that information in de-identified form and will not attempt to re-identify the information.
Direct marketing. We may use your personal information to send you OctoML-related or other direct marketing communications as permitted by law, including by email. You may opt-out of our marketing communications as described in the Opt-out of marketing communications section below.
Interest-based advertising. We may engage third-party advertising partners and platforms, such as social media companies, to help us advertise our business and to display ads for our Services, including on other online services. These companies may use cookies and similar technologies to collect information about your interaction (including the data described in the automatic data collection section above) over time across the Services, our communications, and other online services, and use that information to serve online ads that they think will interest you. This is called interest-based advertising. We may also share contact information, professional information, and device identifiers of our users with these companies to facilitate interest-based advertising to those or similar users on other online platforms.
To comply with laws and regulations. We will use personal information as we believe necessary or appropriate to comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities.
Compliance, safety, and protection. We may use your personal information to:
  • Maintain the safety, security, and integrity of the Services, our business, and our databases and other technology assets;

  • Protect our, your, or others’ rights, privacy, safety or property (including by making and defending legal claims);

  • Audit our internal processes for compliance with legal and contractual requirements and internal policies;

  • Enforce the terms and conditions that govern the Services and similar terms and agreements, including our Acceptable Use Policy; and

  • Prevent, identify, investigate, and deter fraudulent, harmful, unauthorized, unethical, or illegal activity, including cyberattacks and identity theft.

With Your Consent. We will disclose your personal information in accordance with your prior direction or, in some cases, we may specifically ask you for your consent to collect, use, or share your personal information, such as when required by law.

How Long Do We Retain Personal Information?

We retain personal information where we have an ongoing legitimate business need to do so (for example, to provide you with a service you have requested, to comply with applicable legal, tax or accounting requirements, to establish or defend legal claims, or for fraud prevention). Whether the retention period is sufficient to fulfill such purposes is the primary criteria for determining the duration of the retention period. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will store your personal information and isolate it from any further processing until deletion is possible.

How Do We Protect Your Personal Information?

We implement a variety of technical, organization, and physical security measures to maintain the safety of your personal information. However, security risk is inherent in all internet and information technologies and we cannot guarantee the security of your Personal Information.

How Do We Disclose Personal Information?

We may share your personal information with the following parties and as otherwise described in this Privacy Policy or at the time of collection:

  • Affiliates and Related Companies. Our corporate parent, subsidiaries, and affiliates, for purposes consistent with this Privacy Policy.
  • Service providers. Companies and individuals that provide services on our behalf or help us operate the Services or our business (such as information technology, customer relationship management, and support, chat features described here, email delivery, advertising, marketing, and website analytics).
  • Integration Partners. Third party providers of products and services that you or your organization may choose to integrate with or connect to the Services. If you or your organization uses one of these integrations, we may share your personal information with those third parties to facilitate the integration.
  • Other Users and the Public. Other users of our Services and members of the public who view our forums or other locations where you have provided public comments or other content. In some cases, when you participate in a forum, we will identify you by displaying information such as your username and profile picture along with the content you submit. We do not control how other users or third parties use any personal information that you make available to other users or the public.
  • Advertising partners. Third party advertising companies who we partner with for advertising campaigns or that collect information about your activity on the Services and other online services to help us advertise products and services and for the purposes described in the “Interest-Based Advertising” section above.
  • Professional advisors. Professional advisors, such as lawyers, auditors, bankers, and insurers, where necessary in the course of the professional services that they render to us.
  • Authorities and others. Law enforcement, government authorities, crisis lines, and private parties, as we believe in good faith to be necessary or appropriate to comply with legal obligations and for the purposes described above.
  • Business transaction participants. Acquirors, investors, and other relevant parties (and their advisors) of business transactions (or potential transactions) involving a corporate divestiture, merger, consolidation, acquisition, reorganization, sale, or other disposition of all or any portion of the business or assets of, or equity interests in, OctoML or our affiliates (including, in connection with a bankruptcy or similar proceedings).

International Data Transfer

We are headquartered in the United States and we may use service providers that operate in the United States and in other countries. Your personal information may be transferred to the United States or other locations where privacy laws may not be as protective as those in your state, province, or country. By providing your personal information, where applicable law permits, you hereby specifically and expressly consent to such transfer and processing and the collection, use, and disclosure set forth herein or in any terms and conditions related to your use of and access to the relevant Services.

Individuals located in the European Economic Area, the United Kingdom, or Switzerland can find more information about data transfers and OctoML’s certification to the Data Privacy Framework below.

Other sites and services

Occasionally, at our discretion, the Services may include links to other websites or online services operated by third parties. These links are not an endorsement of, or representation that we are affiliated with, any third party. In addition, our content may be included on web pages or online services that are not associated with us. This Privacy Policy only applies to the Services, so when you visit other websites or services we encourage you to read those separate and independent privacy policies. We have no responsibility or liability for the content or activities of these linked websites or online services.

Children

The Services are not intended for use by children under 16 years of age, and we do not knowingly collect personal information from anyone under the age of 16.

Your Choices

You have the following choices with respect to your Personal Information. Access or update your information. If you have registered for an account with us, you may review and update certain account information by logging into the account.

Opt-out of marketing communications. You may opt out of marketing- related emails by following the opt-out or unsubscribe instructions at the bottom of the email, or you may submit an opt-out request by emailing contact@octoml.ai. You may continue to receive service-related and other non-marketing emails.
Cookies. Most browsers let you remove and/or stop accepting cookies from the websites you visit. To do this, follow the instructions in your browser’s settings. Many browsers accept cookies by default until you change your settings. If you do not accept cookies, however, you may not be able to access all features of the Services or they may not work properly. For more information about cookies, including how to see what cookies have been set on your browser and how to manage and delete them, visit www.allaboutcookies.org.
Do Not Track. Some Internet browsers may be configured to send “Do Not Track” signals to the online services that you visit. We currently do not respond to “Do Not Track” or similar signals except where we expressly indicate otherwise. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com.
Analytics. We use Google Analytics to help us analyze how our website properties are being accessed and used. You can learn more about Google Analytics cookies by clicking here and about how Google protects your data by clicking here. To opt-out of Google Analytics, you can download and install the Google Analytics Opt-out Browser Add-on, available here.
Advertising Choices. You can limit the use of your information for interest- based advertising by blocking third-party cookies in your browser settings, using browser plug-ins/extensions, or using your mobile device settings to limit the use of the advertising ID associated with your mobile device. You can also opt out of interest-based ads from companies participating in the following industry opt-out programs by visiting the linked websites: the Network Advertising Initiative (http://www.networkadvertising.org/managing/opt_out.asp), the Digital Advertising Alliance (https://optout.aboutads.info), or the European Interactive Digital Advertising Alliance (http://www.youronlinechoices.eu/). Some of the companies we work with may offer their own opt out mechanisms. For example, you can learn more about how Google uses cookies for advertising purposes by clicking here and opt-out of ad personalization by Google by clicking here.

Many of the opt-out preferences described in this section must be set on each device or browser for which you want them to apply. In addition, please note that some of the advertising companies we work with may not participate in the opt-out mechanisms described above, so even after opting-out, you may still receive interest-based advertisements from those companies. If you choose to opt-out of interest-based advertisements, you will still see advertisements online but they may be less relevant to you.

Declining to provide information. We need to collect personal information to provide certain services. If you do not provide the information requested, we may not be able to provide those services.
Delete your content or close your account. You can choose to delete certain content through your account. If you wish to request to close your account, please contact us at contact@octoml.ai.

Changes to Our Privacy Policy

We reserve the right, at any time, to modify this Privacy Policy. If we decide to change this Privacy Policy, we will post those changes on this page and update the “Last updated” date at the top of this page. In some cases, such as if required by law, we will also provide notification of changes in another way that we believe is reasonably likely to reach you, such as via email or another manner through the Services. Any modifications to this Privacy Policy will be effective upon our posting the modified version (or as otherwise indicated at the time of posting). In all cases, your continued use of the Services after the effective date of any modified Privacy Policy indicates your acceptance of the modified Privacy Policy.

Notice to California Residents (Shine the Light Law)

Under California Civil Code sections 1798.83-1798.84, California residents who have an established business relationship with OctoML are entitled to ask us for a notice describing what categories of personal information we share with third parties for the third parties’ direct marketing purposes. If you are a California resident and would like a copy of this notice, please submit your request to the email address listed at the end of this Privacy Policy with “Shine the Light” in the subject line.

Notice to Nevada Residents

In some cases, Nevada Revised Statutes Chapter 603A allows Nevada residents to opt-out of the “sale” of certain types of personal information. Subject to several exceptions, Nevada law defines “sale” to mean the exchange of certain types of personal information for monetary consideration to another person. If you are a Nevada resident who wishes to exercise your “sale” opt-out rights, you may submit a request to us using the contact information listed at the end of this Privacy Policy with “Nevada Opt-Out Request” in the subject line.

European Economic Area and United Kingdom Privacy Notice

This section applies only to individuals in the European Economic Area (“EEA”) and the United Kingdom (“UK”). References to “personal information” in this Privacy Policy are equivalent to “personal data” governed by European data protection legislation.

Controller. OctoML is the controller of your personal information covered by this Privacy Policy for purposes of European data protection legislation.
Legal bases for processing. The applicable legal bases of our processing of your personal information as described in this Privacy Policy will depend on the type of personal information and the specific context in which we process it. However, the legal bases we typically rely on are set out in the table below. We rely on our legitimate interests as our legal basis only where those interests are not overridden by the impact on you (unless we have your consent or our processing is otherwise required or permitted by law). If you have questions about the legal basis of how we process your personal information, contact us using the contact information at the bottom of this Privacy Policy.
  • Processing purpose (Details regarding each processing purpose listed below are provide in the section above title "How do We Use Your Personal Information?"
    • Legal Basis listed in sub-bullet
  • Service Delivery
    • Processing is necessary to perform the contract governing our provision of the Services or to take steps that you request prior to signing up for the Services. Where we cannot process your personal information as required to operate the Services on the grounds of contractual necessity, we process your personal information for this purpose based on our legitimate interest in providing you with the Services you access and request and the other interests described in this Privacy Policy.

  • Research and development
    • These activities are based on our legitimate interests in performing research and development as described in this Privacy Policy. In some cases, we may also rely upon your consent for these purposes.

  • Direct marketing & Interest-based advertising
    • Processing is based on your consent where that consent is required by applicable law. Where we rely on your consent you have the right to withdraw it any time in the manner indicated when you consented or via the relevant Services. Where such consent is not required by applicable law, we process your personal information for these purposes based on our legitimate interests in promoting our business and providing you with tailored, relevant content.

  • To Comply with Laws and Regulations
    • Processing is necessary to comply with our legal obligations.

  • Compliance and protection
    • Processing is necessary to comply with our legal obligations or based on our legitimate interests in protecting our or others’ rights, privacy safety, or property.

  • With your consent
    • Processing is based on your consent. Where we rely on your consent you have the right to withdraw it any time in the manner indicated when you consent or in the Services.

Use for new purposes. We may use your personal information for reasons not described in this Privacy Policy where permitted by law and the reason is compatible with the purpose for which we collected it. If we need to use your personal information for an unrelated purpose, we will notify you and explain the applicable legal basis.
Your rights. European data protection laws give you certain rights regarding your personal information. If you are located within the EEA or UK, you may ask us to take the following actions in relation to your personal information that we hold and process as a controller:
  • Access. Provide you with information about our processing of your Personal Information and give you access to your personal information.
  • Correct. Update or correct inaccuracies in your personal information.
  • Delete. Delete your personal information.
  • Transfer. Transfer a machine-readable copy of your personal information to you or a third party of your choice.
  • Restrict. Restrict the processing of your personal information.
  • Object. Object to our reliance on our legitimate interests as the basis of our processing of your personal information that impacts your rights.

You may submit these requests to exercise these rights by emailing them or sending them to our postal address provided below in the “How Do You Contact Us?” section. We may request specific information from you to help us confirm your identity and process your request. Applicable law may require or permit us to decline your request. If we decline your request, we will tell you why, subject to legal restrictions. If you would like to submit a complaint about our use of your personal information or our response to your requests regarding your personal information, you may contact us or submit a complaint to the data protection regulator in your jurisdiction. If you are in the EEA, you can find your data protection regulator here. If you are in the UK, you can reach the Information Commissioner’s Officer here.

Cross-border data transfer. If we transfer your personal information from the EEA or UK to another country such that we are required to apply additional safeguards to your personal information under European data protection laws, we will do so. Please contact us for further information about any such transfers or the specific safeguards applied.

Participation in the EU-U.S. Data Privacy Framework, the UK Extension to the EU-U.S. DPF, and the Swiss- U.S. Data Privacy Framework

OctoML has certified to the United States Department of Commerce that we adhere to the Data Privacy Framework Principles of the EU-U.S. Data Privacy Framework, the UK Extension to the EU U.S. Data Privacy Framework, and the Swiss-U.S. Data Privacy Framework, as further described in the OctoML Data Privacy Framework Certification Notice https://octo.ai/legals/data-privacy-framework-certification-notice, which supplements this Privacy Policy.

How Do You Contact Us?

If you have questions about our practices regarding the collection, storage, use, processing, and disclosure of Personal Information that we receive in the course of providing the Services to you, you may contact us as at:

OctoML, Inc.

1000 N Northlake Way

Seattle, WA 98103 USA