Engaged AI Privacy Policy

Effective: February 15, 2025

This Privacy Policy describes how SocialMiningAI, Inc., d/b/a Engaged AI, and its subsidiaries and affiliates (collectively, EngagedAi” “we” “us” and/or “our”) gathers and manages your personal information. “Personal information” means information that related to an identified or identifiable individual – as part of providing any services and products developed or administered by us, including without limitation our lead generation tools, reputation management tools, messaging and communication tools, appointment automations, web and mobile applications, and any other services EngagedAi may offer (collectively, the “Services”).  Any capitalized terms used but not otherwise defined in this Privacy Policy have the meanings provided in EngagedAI’s Terms of Service.

1.        SCOPE

This Privacy Policy applies to (i) our Customers, (ii) employees, agents, contractors, and other personnel that our Customers authorize to use the Service (“Authorized Users”), (iii) individuals who are current or potential clients of a Customer, and (iv) individuals that visit the Website or contact us by email or other methods of communication (collectively,  “Users”). In this Privacy Policy, “you” and “your” refers to you the reader, and how we process your personal information will depend on your relationship with EngagedAi. For the purposes of this Policy, visiting the Website is deemed to be part of the “Services.”

When you visit our Website (directly or through a widget on a Customer website) we may collect certain information about you. By clicking “OK” or “I Accept” when prompted, you agree to the collection and use of your information as outlined in this Privacy Policy. By consenting, you also allow EngagedAi, our partners, and the professionals or companies we work with to contact you using this information for the purpose of delivering the Services.

2.        PERSONAL INFORMATION COLLECTED

The personal information collected depends on your interaction with EngagedAi. Some information is collected through use of the Services and some is collected automatically.

2.1.  Information Collected Through the Services

Use of the Services as a Customer who has entered into a Master Services Agreement or other Subscription Documents, requires the provision of certain personal information. The information EngagedAi collects includes:

·      First and Last Name

·      Email

·      Physical Address

·      Phone Number

·      Business Name

·      Website

·      Content of communications sent or received via the Services, such as text messages and emails.

·      Employer identification number, federal tax identification number, and other business-related information. When you add payment information to your account, we use a third-party service provider to collect and store your payment information.

·      Access to your CRM and related software necessary to integrate the Services.

If you are a client of a Customer or other User, then we collect information through your use of the Services, which may include use of our Webchat widget, contact forms, and review invitations. In such instances, we may collect the following personal information:

·      First and Last Name

·      Email

·      Physical Address

·      Phone Number

·      Business Name

·      Website

·      Transaction Information (e.g., appointments, purchases)

·      Reviews and feedback in relation to your experience with EngagedAi’s Customers

·      Content of communications sent or received via the Services, such as text messages and emails.

2.2.  Information Collected Automatically

Usage Information

We automatically collect certain information, which is primarily non-personally identifying information of the sort that web browsers, servers, and services like Google Analytics typically make available, namely the browser type, language preference, referring site, the time of each visit, how you use the Website  (e.g. search queries), your approximate location, cookies, and communication records (time and duration of call or text message), etc. We also create inferred or derived data, such as information included in content processed by our artificial intelligence features.

Device Information

We receive information about the device and software you use to access our Services, such as your device model and manufacturer, phone carrier, operating system, web browser type, application installations, device identifiers, and push notification tokens.

Log Files

We automatically collect and store information about your computer hardware and software when you visit our Website or visit other sites or services that link to this Privacy Policy. This information includes IP address, internet service provider (ISP), the Uniform Resource Locator (URL) accessed (which may reference the name of a board, card, username, or team), the unique identification number associated with the account, the files on our website or a Customer’s website (e.g., HTML pages, graphics), your operating system, access times, and more.

Widget Information

Our Customers’ websites may integrate EngagedAi’s widgets (such as webchat). These features may collect your IP address, which page you visited, information about your device, and may set a cookie to enable the feature to function properly.

2.3.  Information Collected from Other Sources

Website Analytics

EngagedAi use Google Analytics to improve our site and user experience. Please refer to the “Cookies and Other Tracking Technology” Section of this Privacy Policy.

Social Media

EngagedAi may collect Personal Information about you from social medica platforms and other publicly available source) This may include physical mail addresses, job titles, email addresses, phone numbers, IP addresses, and social media profiles. This helps us generate leads, to update and improve our products and services, and deliver personalized communications.

Third Parties 

We may receive information from third party service providers, from related companies, and from our business partners.

3.        USE OF PERSONAL INFORMATION

3.1.   Providing the Services

We use your account information and Customer Data to provide the product and services to you:

·      Facilitate account creation and logon process.

·      Provide the Services.

·      Send product, service and new feature information.

·      Send information about changes to our terms, conditions, and policies and other administrative information.

·      Request feedback.

·      Keep our Services and websites safe and secure (for example, for fraud monitoring and prevention).

·      Enforce our terms, conditions and policies.

·      Respond to legal requests and prevent harm.

·      Manage User accounts.

·      Respond to inquiries, offer support to Users and help us solve any potential issues you might have with the use of our Services.

3.2.  Improving the Services

We collect non-personally identifying information in order to better understand how you use the Website and Services and, where possible, to improve your experience. For instance, we log the time it takes to run database queries so that we can improve performance. In some cases, we may publicly display information that is not personally identifying in the aggregate, (e.g., by publishing a report on trends in the usage of our Services) or may provide the aggregate data to third parties. We may use Customer Data for machine learning that supports certain products and development of features and functionality with the Service and similar products and services.

3.3.  Legal and Security

We use your account information to investigate and help prevent security incidents. We use log files to provide general statistics regarding use of the websites by you, including how you use our websites, what country you are logging in from (for analytics, export control and regulatory purposes) and to help improve the navigation experience. Your IP addresses are also collected and logged for security and debugging purposes, for example to track access patterns, investigate security events and incidents. For these purposes we associate the automatically-collected data to other Personal Information provided by you.

3.4.  Marketing

We use Personal Information to advertise, market, and promote EngagedAi. For information, we use information such as your email and physical address to send information about EngagedAi we think may interest you and other marketing communications. You may opt out of receiving promotional content by following the instructions contained in each communication. You may unsubscribe from marketing lists and continue to be in communication with us regarding your Subscription.

4.        DISCLOSURE OF PERSONAL INFORMATION

4.1.  Providing the Services

We may share personal information to provide the Services. If you are a User or other client of a Customer, as part of providing the Services (for example, when you use our Webchat widget on a Customer website or leave a review), EngagedAi will share your personal information with the applicable Customer, such as your contact information, transaction details, and review and communication content. If a Customer integrates EngagedAi with other applications or platforms, we may share personal information with the third-party integration partners selected by the Customer, as instructed.

We may also share personal information with third parties to provide, maintain, and improve our Services, including service providers who may access information about you to perform services on our behalf or on behalf of our Customers, such as hosting and information technology services, identity verification and fraud prevention services, marketing and advertising services, data analytics and personalization services, and customer support services.

We may share your Personal Information with our current and future parents, Affiliates, subsidiaries, and other entities under common control and ownership to the extent necessary to fulfill your request or for other purposes permitted under this Privacy Policy.

4.2.  Legal, Compliance and Security

We may discover that a particular account is using the Services in a way that is degrading the experience of other users, or otherwise fraudulent or illegal.  We reserve the right to use or disclose Personal Information if required by law or if we reasonably believe such disclosure if necessary to investigate misuse, fraud, or comply with legal process.  Customers should refer to the “Confidential Information” section of Engaged Ai’s Terms of Use.

5.        DATA TRANSFERS

Our Services are primarily hosted in the United States. If you choose to use the Services from other regions of the world with laws governing data processing that differ from those in the United States, please note that you are transferring your personal information outside of those regions to the United States for processing. Additionally, EngagedAi (or our service providers on our behalf) may transfer your data from the United States to other regions in connection with our processing of data. We utilize appropriate safeguards for the transfer of personal information in various jurisdictions (such as commercial industry standard secure encryption methods to protect customer data at rest and in transit, and web application firewall protection).

Your provision of personal information to us via the Services constitutes your consent to the transfer and processing of your personal information as described in this Privacy Policy.

6.        DATA RETENTION

We use a variety of security technologies and procedures to help protect your Personal Information from unauthorized access, use or disclosure. All Personal Information is protected using appropriate physical, technical and organizational measures.

We retain personal information for as long as reasonably necessary to provide the Services and for other purposes set forth in this Privacy Policy. The retention period will vary depending on our relationship with the applicable user. Generally, we retain Customer Data, including personal information of their Authorized users, for the duration of the Subscription.

After a reasonable period of time, we will either delete or anonymize the information or, if this is not possible, then we will securely store and isolate it from any further use until deletion is possible.

We retain Personal Information where we have an ongoing legitimate business need to do so (for example, as needed to comply with our legal or tax obligations, resolve disputes and enforce our agreements).

If you have elected to receive marketing communications from us, we retain information about your marketing preferences, and derived from tracking technologies, for a reasonable period of time from the date you last engaged with us.

7.        COOKIES AND OTHER TRACKING TECHNOLOGY

7.1.  Tracking Technologies

When you visit our Website, we collect information automatically using tracking technologies like cookies and tracking pixels. A cookie is a small text file placed and saved in your browser when you access our Services and the websites of our Customers. These cookies may be set by us (first-party cookies) or by third parties that collect information on our behalf (third-party cookies), such as Google Analytics. Other tracking technologies, such as pixels, tags, and embedded scripts (i.e., JavaScript) are often used in conjunction with cookies or other identifiers associated with your device.

EngagedAi uses these technologies to:

·      provide the Services;

·      uniquely identify a user and store preferences;

·      analyze trends and monitor performance;

·      gather demographic information about our user base;

·      improve functionality and develop new services; and

·      prevent fraud or misuse

There are ways to control and/or reject the setting of cookies and similar technologies within your browser settings. As each browser is different, please consult the “help” menu within your browser. Please be aware that depending on the Services being used, restricting cookies may prevent you from accessing and using all or part of the Services.

7.2.  Google Analytics

EngagedAi collects analytics data via Google Analytics for the purpose of tracking web traffic, user internet location, and pages accessed. Google Analytics helps EngagedAi to improve our services based on source origination and connect better with users of our website. EngagedAi does not collect personal information directly when users browse our site. We do not sell data from Google Analytics to third parties or marketing providers.

You can learn more about Google’s practices by going to https://www.google.com/policies/privacy/partners/  and opt out of them by downloading the Google Analytics opt-out browser add-on, available at: https://tools.google.com/dlpage/gaoptout.

8.        YOUR PRIVACY RIGHTS AND CHOICES

Depending on the nature of your relationship with EngagedAi, you may be able to manage your personal information and preferences directly as part of the Services or by contacting us, as described below.

8.1.  Customers and Authorized Users

We rely on you to ensure that the information in your account is accurate, complete, and up to date and ask that you notify us of any changes to your personal information. If you are a Customer or Authorized User, you may access, change, or correct certain EngagedAi account information at any time by logging into your account or contacting us. We will respond to your request to change, correct, or delete your data within a reasonable timeframe and notify you of the action we have taken. To avoid any fraudulent request and protect your personal information, we may ask that you provide a proof of identity with your request. In certain instances, we may not be able to accommodate your request due to legal, contractual, or technical restrictions. Please note that if you wish to withdraw consent and delete your personal information, we may not be able to do so except by also deleting your EngagedAi account.

8.2.  Users

When we provide our Services to our Customers, we generally act as data processor or service provider on their behalf. This means that when we receive and otherwise process information pertaining to their customers, such as user names, contact information, text messages, call records, etc., we do so on behalf of our Customers and in accordance with their instructions. As such, if you wish to access, modify, or delete any personal information or the content of communications EngagedAi processes as a service provider or data processor on behalf of a Customer, you should direct your request to that Customer. Further, if you wish to unsubscribe from communication you receive from a Customer, please click the “unsubscribe” link in their communications.

Sending unsolicited commercial emails or texts in violation of applicable Laws and requires the inclusion of “opt-out” mechanisms in each communication sent is prohibited. Violation can result in immediate termination of the Subscription which Engaged Ai reserves the right to do in its sole and absolute discretion.

9.        LOCATION SPECIFIC DISCLOSURES

9.1.  California

This section provides a summary of how we collect, use, and disclose personal information of California users, as required by the California Consumer Privacy Act of 2018, as amended (“CCPA”). For more information, please see the generally applicable sections of our Privacy Policy above.

We collect the following statutory categories of Personal Information:

* EngagedAi does not “sell” or “share” sensitive personal information, or otherwise use or disclose sensitive personal information for purposes other than those specified in Section 1798.121(a) of the CCPA.

If you are a California resident, you may exercise the following rights under the CCPA:

·      The right of access means that you have the right to request that we disclose what Personal Information we have collected and maintained about you in the past 12 months.

·      The right of deletion means that you have the right to request that we delete Personal Information, subject to certain exceptions.

·      The right of correction means that you have the right to request that we correct any inaccurate Personal Information.

·      The right to request information concerning the categories of Personal Information (if any) that we disclose to third parties or affiliates for their direct marketing purposes.

·      The right to limit the use of sensitive personal information.

·      The right to appeal means that you can appeal any decision by us to deny your privacy rights under applicable laws.

·      The right to non-discrimination means that you will not receive any discriminatory treatment when you exercise one of your privacy rights.

Please note these rights are not absolute, and there may be cases when we decline your request as permitted by law. You may exercise such rights by following the instructions in the “Your Privacy Rights and Choices” section of this Privacy Policy.

9.2.  Canada

If you are located in Canada, subject to applicable law and the nature of your relationship with EngagedAi, you may have the right to review, correct, delete, or otherwise limit our use of your personal information that has been previously provided to us. You may also have the right to access information about the ways in which your personal information is or has been used and the names of individuals and/or organizations to which your information has been disclosed. You may exercise such rights by following the instructions in the “Your Privacy Rights and Choices” section of this Privacy Policy.

The Office of the Privacy Commissioner of Canada drafted this FAQ to help you access your personal information when it is held by a business. You can also contact the Office of the Privacy Commissioner of Canada’s Information Centre at 1-800-282-1376 or by mail at: Office of the Privacy Commissioner, 30 Victoria Street, Gatineau, Québec K1A 1H3.

If you have any issue with how we process your personal information, or how we responded to your request, please let us know. We are dedicated to transparency and improvement based on your feedback. If you are still not satisfied, you can lodge a complaint to the Office of the Privacy Commissioner of Canada using this online form, or to your local privacy regulators.

9.3.  Australia

If you are an Australian user accessing or using the Services from Australia, the Privacy Act 1988 (Cth) and the Australian Privacy Principles contained therein apply to personal information collected or held by EngagedAi entities with an “Australian link” (within the meaning of the Privacy Act). In addition, EngagedAi is committed to complying with other applicable commonwealth, state, or territory privacy and data protection laws and regulations.

10.  CHILDREN

The Website is not intended for children under the age of thirteen (13), and EngagedAi does not knowingly collect or solicit information from children under the age of thirteen (13). If we learn we have inadvertently collected personal information from a child under the age of thirteen (13), we will delete the information. If you think someone under the age of thirteen (13) has provided us with personal information, please contact us.

You must be at least eighteen (18) years of age or older to access and/or use the Website. By accessing and/or using the Website, you represent and warrant that you are at least eighteen (18) years of age.

11.  CHANGES TO OUR PRIVACY POLICY

EngagedAi will post any changes we make to our Privacy Policy on this page. The date the Privacy Policy was last revised is identified at the top of this page. If we make material changes to how we process personal information, we will notify Customers and Authorized Users by email to the primary email addresses specified in their accounts. If you are a Customer or Authorized User, you are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Services and this Privacy Policy to check for any changes.

12.  CONTACT US

If you have questions about our Privacy Policy, our data processing practices, or our compliance with applicable privacy laws, please email us at privacy@engagedai.io, write to us at: SocialMiningAi, Inc., Attn: Legal Department, 8533 Briscoe Fields, San Antonio, TX 78254, or call us at: (210) 695-0453.

In the event you are a user with a disability, or are supporting an individual with a disability, and are having difficulty navigating this Privacy Policy or the information linked within this Privacy Policy, please contact us at privacy@engagedai.io.