Privacy Policy

Updated: July 14, 2021
 

Our Policy

Welcome to the web site (the “Site”) of DataSeer, Inc. (“DataSeer”, “we”, “us” and/or “our”). This Site is operated by DataSeer and has been created to provide information about our company and our solutions, tools, applications, platform and related services to our visitors, users and customers (“you”, “your”). DataSeer provides cloud-based software and related services for information extraction and digitization of industrial diagrams and documents with machine learning & computer vision solutions (“Services”).

 

This Privacy Policy sets forth DataSeer’s policies and procedures with respect to personal data (“Personal Data”) that we collect or receive from visitors to the Site and Services and in connection with our events, and sales and marketing activities, and your rights and choices in relation to that data.

 

By voluntarily providing us with Personal Data, you are consenting to our use of it in accordance with this Privacy Policy. If you provide Personal Data to the Site or the Services, you acknowledge and agree that such Personal Data may be transferred from your current location to the offices and personnel of DataSeer and the authorized third parties referred to herein, including hosting providers, as further described in this Privacy Policy.

 

DataSeer complies with the EU-U.S. and Swiss-U.S. Privacy Shield frameworks (“Frameworks”) as set forth by the U.S. Department of Commerce regarding the processing of personal data transferred from the European Union (“EU”) and Switzerland to the U.S. (for these purposes, reference to the EU also includes the European Economic Area countries of Iceland, Liechtenstein and Norway). DataSeer has certified that it adheres to the Privacy Shield Principles (described below). If there is any conflict between the policies in this Privacy Policy and the EU or Swiss Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Frameworks and to view our certification page, please visit https://www.privacyshield.gov/.

 

DataSeer has also adopted EU Standard Contractual Clauses (“SCCs”) as the legal basis for transfers of Personal Data of the EU. The SCCs contain contractual obligations on DataSeer as (the data exporter) and the receiver (the data importer), and rights for the individuals whose personal data is transferred. Individuals can directly enforce those rights against the data importer and the data exporter.   

 

Data We Collect

When you interact with us through the Site and our Services, we collect Personal Data and other information from you, as described below. 

 

Personal Data That You Provide To Us: We collect Personal Data from you when you voluntarily provide such information, such as when you request information, including a product demo, ask to download content (such as white papers or use cases), contact us with inquiries, respond to one of our surveys etc. While the type of data we collect depends on the type of inquiry you make, this typically includes your name, email address, phone number, company name and job title. We also collect account-related data that you provide in connection with the purchase, sign-up, granting of access, use or support of your DataSeer account (such as usernames, email address and billing information). Wherever DataSeer collects Personal Data on the Site, we make an effort to provide a link to this Privacy Policy. We may also collect data from you when you attend one of our events or during phone calls with sales representatives.

 

Service Data: In providing the Services to our customers, we process on behalf of customers Personal Data they upload, display, back-up or otherwise submit to our Services (“Service Data”). While our customers decide what data to submit, Service Data typically includes information about their employees, independent contractors, agents, end customer and any other users, including contact details (such as name, position and email address).

 

Automatically Collected Data: When you interact with DataSeer through the Site or the Services, we automatically collect information about you through cookies (small text files placed on your device) and other tracking technologies. To learn more, please read our Cookie Policy. When you visit our Site, we (or third party service providers) record information (“log data”), including information that your browser automatically sends whenever you visit the Site. This log data includes your Internet Protocol (“IP”) address (from which we understand the country you are connecting from at the time you visit the Site), browser type and settings, the date and time of your request.

 

Our Use of Your Data

To provide the service and respond to requests. When you contact us by email or other electronic means, submit a support issue, ask for a demo, we will use the Personal Data you provide to answer your question, resolve your problem or respond to your request. Also, if you provide Personal Data in order to obtain access to the Services, we will use your Personal Data to provide you with access to such Services, maintain your account, contact you regarding your use of the Services and/or the Site or to notify you of important changes to the Services and/or the Site and to monitor your use of such Services. For EU users, our legal basis or justification for such use is the necessity to respond to or implement your request and, when you are a customer or user, for the performance of the contract between you and us.
 
We process Service Data on behalf of customers for the purpose of providing the Services to customers in accordance with the applicable customer contract.
 
For marketing purposes. DataSeer and its subsidiaries and affiliates may use your contact details to contact you in the future to tell you about services we believe will be of interest to you, upcoming events, press releases and similar media mentions, or other promotions. If we do so, each marketing communication we send you will contain instructions permitting you to “opt-out” of receiving future marketing communications. In addition, if at any time you wish not to receive any future marketing communications or you wish to have your name deleted from our mailing lists, please contact us as indicated below.
 
If required by the applicable law (for example, if you are in the European Economic Area), we will send you marketing information by email if you consent to us doing so at the time you provide us with your Personal Data (in such case, our legal basis for the processing of your personal data will be your consent). When you provide us with your consent to be contacted for marketing purposes, you have the right to withdraw your consent at any time by following the instructions to “opt-out” of receiving marketing communication in each marketing email we send you or by contacting us as indicated below.
 
If DataSeer intends on using any Personal Data in any manner that is not consistent with this Privacy Policy, you will be informed of such anticipated use prior to such use or at the time at which the Personal Data is collected and pursuant to the applicable law.
 
Business administration and legal compliance. We use your Personal Data as necessary for compliance with legal or regulatory requirements, to enforce our legal rights, to protect rights of third parties, in connection with a business transition such as a merger, acquisition by another company, or sale of all or a portion of our assets. For EU users, use of your Personal Data in connection with a business transition, to enforce our legal rights or to protect the rights of third parties is necessary for our legitimate interest to do so. For all other purposes described in this section, use of your Personal Data is necessary to comply with any legal obligations imposed upon us such as a court order.
 
As necessary for certain legitimate business interests, which include the following:
 
  • We use data generated by, provided in connection with, or derived from use of the Services (such as your username, email address and IP address) for our internal purposes, namely for providing, maintaining, protecting, developing and improving DataSeer’s offerings (in particular resolving any bugs and fixes, enhancing or improving features of existing products and developing new products and capabilities), preventing fraud or criminal activity, misuses of our products or services and ensuring the security of our IT systems, architecture and networks, subject to DataSeer’s compliance with applicable law. We may anonymize, aggregate and de-identify the data that we collect and use such anonymized, aggregated and de-identified data for statistical or benchmarking purposes.
  • We use data relating to your use of and interaction with the Site and the Services, including analytics information that we obtain through cookies and similar technologies, to better understand your needs and interests in order to inform our marketing strategy (for example, we may use information on your location and your stated job title to send you a personalized message) and improve your access to, experience with and use of the Site and the Services.
  • If you ask us to delete your data or to be removed from our marketing lists and we are required to fulfil your request, we may keep basic data to identify you and to further unwanted processing.
  • We share Personal Data among our subsidiaries and affiliates for administering and providing the Services, for administrative purposes and in relation to our sales and marketing activities.
 
For more information on what we mean by “legitimate interest” and your rights under the applicable EU law, please read the EU data subjects section below. Please read our Cookie Policy for more information on how we use cookies and other tracking technologies.
 

 

Our Disclosure of Your Data

We share your Personal Data with certain third parties, as set forth below: 

 

Business Transfers: As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data may be part of the transferred assets.

 

Our Subsidiaries and Affiliates: We share your Personal Data with our subsidiaries and affiliates, for administering and providing the Services, processing payments and in relation to our sales and marketing activities, in accordance with this Privacy Policy.

 

Agents, Consultants and other Service Providers: DataSeer, like many businesses, sometimes hires other companies to perform certain business-related functions. These parties include managed hosting providers, website analytics companies, providers of digital advertising services, providers of CRM, marketing and sales software solutions (as referenced in our Cookie Policy), billing and processing payments functions. When we employ another entity to perform a function, such as our hosting and cloud computing service providers, we only provide them with the information that they need to perform their specific function. Pursuant to our instructions, these parties may access, process or store Personal Data in the course of performing their duties to us and solely in order to perform the services we have hired them to provide. 

 

Legal Requirements: DataSeer may disclose your Personal Data if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation or lawful requests by public authorities, including to meet national security or law enforcement requirements, (ii) protect and defend the rights or property of DataSeer, (iii) act in urgent circumstances to protect the personal safety of users of the Services or the public, or (iv) protect DataSeer against legal liability.

  

 

EU Data Subjects

Scope: This section applies solely to EU individuals (“data subjects”) (for these purposes, reference to the EU also includes the European Economic Area countries of Iceland, Liechtenstein and Norway and, where applicable, Switzerland). Our Privacy Policy describes why and how DataSeer collects, uses and stores your Personal Data, the lawful basis on which your Personal Data is processed, and what your rights and our obligations are in relation to such processing (please see Your Rights section below).

 

Data Controller: DataSeer is the data controller for the processing of your Personal Data (but we are a data processor for Personal Data that our customers submit to our Services). Please see the Contacting DataSeer section below to find out how to contact us.

 

Your Rights: Subject to applicable law, you have the following rights in relation to your Personal Data:

  • Right of access: If you ask us, we will confirm whether we are processing your Personal Data and, if so, provide you with a copy of that Personal Data along with certain other details. If you require additional copies, we may need to charge a reasonable fee.
  • Right to rectification: If your Personal Data is inaccurate or incomplete, you are entitled to ask that we correct or complete it. If we shared your Personal Data with others, we will tell them about the correction where possible. If you ask us, and where possible and lawful to do so, we will also tell you with whom we shared your Personal Data so you can contact them directly.
  • Right to erasure: You may ask us to delete or remove your Personal Data, such as where our legal basis for the processing is your consent and you withdraw consent. If we shared your data with others, we will tell them about the erasure where possible. If you ask us, and where possible and lawful to do so, we will also tell you with whom we shared your Personal Data with so you can contact them directly. We may continue processing Personal Data where this is necessary for a legitimate interest in doing so, as described in this Privacy Policy.
  • Right to restrict processing: You may ask us to restrict or ‘block’ the processing of your Personal Data in certain circumstances, such as where you contest the accuracy of the data or object to us processing it. We will tell you before we lift any restriction on processing. If we shared your Personal Data with others, we will tell them about the restriction where possible. If you ask us, and where possible and lawful to do so, we will also tell you with whom we shared your Personal Data so you can contact them directly.
  • Right to data portability: You have the right to obtain your Personal Data from us that you consented to give us or that was provided to us as necessary in connection with our contract with you. We will give you your Personal Data in a structured, commonly used and machine-readable format. You may reuse it elsewhere.
  • Right to object: You may ask us at any time to stop processing your Personal Data, and we will do so:
    • If we are relying on a legitimate interest to process your Personal Data (described under the Our Use of Your Data section above) — unless we demonstrate compelling legitimate grounds for the processing, or
    • If we are processing your Personal Data for direct marketing.
  • Rights in relation to automated decision-making and profiling: You have the right to be free from decisions based solely on automated processing of your Personal Data, including profiling, which produce a significant legal effect on you, unless such profiling is necessary for entering into, or the performance of, a contract between you and us, or with your explicit consent.
  • Right to withdraw consent: If we rely on your consent to process your Personal Data, you have the right to withdraw that consent at any time, but this will not affect any processing of your data that has already taken place. Right to lodge a complaint with the data protection authority: If you have a concern about our privacy practices, including the way we handled your Personal Data, you can report it to the data protection authority that is authorized to hear those concerns.
 

You may exercise your rights by contacting us as indicated under Contact DataSeer section below.

 

Legitimate Interest: “Legitimate interests” means our interests in conducting and managing our organization and delivering the best Services to you. This Privacy Policy describes when we process your Personal Data for our legitimate interests, what these interests are and your rights. We will not use your Personal Data for activities where the impact on you overrides our interests, unless we have your consent or those activities are otherwise required or permitted to by law. You have the right to object at any time to the processing of your Personal Data that is based on our legitimate interests, on grounds relating to your particular situation (for more information on your rights, please see Your Rights section above).

 

Data Retention: We will keep your Personal Data only for as long as is reasonably necessary for the purposes outlined in this Privacy Policy, or for the duration required by law, whichever is the longer. In particular, we retain your account information for as long as your account is active and a reasonable period thereafter in case you decide to re-activate the Services, or for as long as we have a legitimate reason (including as necessary to comply with our legal obligations, to resolve disputes, to enforce our contracts, for business operations and security). If you have elected to receive marketing communications from us, we retain information about your marketing preferences for a reasonable period of time from the date you last expressed interest in our Services, such as when you last opened an email from us or last inquired about one of our offerings.

 

Data Transfers: In addition to the SCCs, we rely on the EU-U.S. and Swiss-U.S. Privacy Shield certification to transfer Personal Data that we receive from the EU and Switzerland to DataSeer in the U.S. (for more information, please read the Privacy Shield section below).

  

 

Privacy Shield Certification

General: In addition to the SCCs, Privacy Shield certification is relied upon to transfer Personal Data that we receive from the EU and Switzerland to Arundo in the U.S. and we process such in accordance with the Privacy Shield Principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement and Liability (“Privacy Shield Principles”), as described below.

 
Notice and Choice: This Policy provides notice of the Personal Data collected and transferred under the Privacy Shield and the choice that you have with respect to such data. It also provides information about other Privacy Shield Principles that are set forth below. When we process Service Data on behalf of our customer, the customer will be responsible for providing appropriate notice and choice to its users, as the customer controls the Personal Data it has submitted to our Services. Except as required or permitted by applicable law, we honor all customers’ requests from their users to limit use or disclosure of such Personal Data.
 
Accountability for Onward Transfers: We may be accountable for the Personal Data we receive under the Privacy Shield that we may transfer to third-party service providers (as described in the Our Disclosure of Your Data section above) if they process Personal Data in a manner inconsistent with the Privacy Shield Principles and we are responsible if they do so and for the harm caused. We will only disclose Service Data that we collect on behalf of our customers, as described in this Privacy Policy, to third parties where permitted or required by our customer, and in accordance with the Privacy Shield Principles.
 
Security: We maintain security measures to protect Personal Data as described in the Security section of this Privacy Policy.
 
Data Integrity and Purpose Limitation: We take reasonable steps to ensure that Personal Data is reliable for its intended use, and that it is accurate, complete and current for as long as long as we retain it. We keep your Personal Data only for as long as is reasonably necessary for the purposes described in this Privacy Policy, or for the duration required by law or our customer agreement, whichever is the longer.
 
Access: You have certain rights to access, correct, amend, or delete Personal Data where it is inaccurate, or has been processed in violation of the Privacy Shield Principles. Please see the EU Data Subject section above for more information on rights of EU data subjects (and, to the extent applicable, data subjects in Switzerland). When we process Service Data on behalf of our customers, the customer will be responsible to respond to requests for exercising their data subjects’ rights. We honor all customers’ requests from their users to access, correct, amend, or delete such data to the extent legally allowed.
 
Recourse, Enforcement, Liability: In compliance with the Privacy Shield Principles, DataSeer commits to resolve complaints about our processing of your Personal Data. European Union and Swiss individuals with inquiries or complaints regarding this Private Shield Policy should first contact DataSeer as follows:
 
We have further committed to refer unresolved Privacy Shield complaints to an alternative dispute resolution provider. If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider JAMS (free of charge) at https://www.jamsadr.com/eu-us-privacy-shield. DataSeer will cooperate with JAMS pursuant to the JAMS International Mediation Rules, available on the JAMS website at www.jamsadr.com/international-mediation-rules.
 
If your complaint is not resolved through these channels, under certain conditions a binding arbitration option may be available before a Privacy Shield Panel. For additional information, please visit: https://www.privacyshield.gov/article?id=ANNEX-I-introduction.
 
We are subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission with respect to Personal Data received or transferred pursuant to the Frameworks.
 

Your Choices

You can visit the Site without providing any Personal Data. If you choose not to provide any Personal Data, you may not be able to use certain Services.

 

Exclusions

This Privacy Policy does not apply to any Personal Data collected by DataSeer other than Personal Data collected through the Site and the Services or otherwise obtained in the ordinary course of sales and marketing efforts, for instance at events or through referrals. This Privacy Policy shall not apply to any unsolicited information you provide to DataSeer through the Services or through any other means (without prejudice to your rights under the applicable law). This includes, but is not limited to, any ideas for new products or modifications to existing products, and other unsolicited submissions (collectively, “Unsolicited Information”). All Unsolicited Information shall be deemed to be non-confidential and DataSeer shall be free to reproduce, use, disclose, and distribute such Unsolicited Information to others without limitation or attribution.

  

Children

DataSeer does not knowingly collect Personal Data from children under the age of 16. If you are under the age of 16, please do not submit any Personal Data through the Services. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Policy by instructing their children never to provide Personal Data on the Services without their permission. If you have reason to believe that a child under the age of 16 has provided Personal Data to DataSeer through the Services, please contact us, and we will endeavor to delete that information from our databases.

  

Links to Other Websites

The Site may contain links to other web sites not operated or controlled by DataSeer (the “Third Party Sites”). The information that you share with Third Party Sites will be governed by the specific privacy policies and terms of service of the Third Party Sites and not by this Privacy Policy. By providing these links, we do not imply that we endorse or have reviewed the Third Party Sites, and DataSeer takes no responsibility for such Third Party Sites, how they are operated and how they process your Personal Data. We suggest contacting those sites directly for information on their privacy policies and practices.

 

Social Media Pages & Profiles

If you visit our social media pages/profiles, for example, our Facebook page, that social media platform will use cookies and process your personal information. For more information about this processing and how they are using cookies can be found in the respective social media’s pages about privacy and their use of cookies. In some cases, we can use this information, via that social media platform, for targeted advertising.

 

Security

DataSeer takes reasonable and appropriate steps to protect the Personal Data provided via the Site and Services from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or email transmission is ever fully secure or error free. In particular, email or messages sent to or from the Site and the Services may not be secure. Therefore, you should take special care in deciding what information you send to us via the Internet or via email. Please keep this in mind when disclosing any Personal Data to DataSeer via the Internet or via email.

 

Other Terms & Conditions

Your access to and use of the Services is subject to Terms of Service and, if applicable, the customer agreement you and/or your organization entered into with DataSeer.

 

Changes to DataSeer’s Privacy Policy

The Services and our business may change from time to time. As a result, at times it may be necessary for DataSeer to make changes to this Privacy Policy. DataSeer reserves the right to update or modify this Privacy Policy from time to time without prior notice unless otherwise required by the applicable law. The current version of DataSeer’s Privacy Policy will be available on the Site at all times. Please review this Privacy Policy periodically, and especially before you provide any Personal Data. This Privacy Policy was last updated on the date indicated above.

 

DataSeer will notify you of any changes to this Privacy Policy that require your consent. By using the Services, you accept electronic communication and publishing on the Site of revised versions of this Privacy Policy and accept that such electronic communication and/or publishing of revised versions on the Site shall serve as sufficient notice to you regarding any changes to this Privacy Policy. Your continued use of the Services after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy without prejudice to your rights under the applicable law.

 

Contacting DataSeer

Please contact us if you have any questions about DataSeer’s Privacy Policy or the information practices of the Services, or if you wish to access your Personal Data stored by DataSeer or exercise your other rights described under this Privacy Policy or the applicable law.

 

You may contact us at the email address privacy@dataseer.digital or by post at: 

DataSeer, Inc.

Attn: Privacy

1334 Brittmoore Rd, Suite 1801

Houston, TX 77043, USA