Privacy Policy

Teramind is committed to protecting your privacy. This Privacy Policy (“the Policy”) explains what information we collect, how we collect it, and how it is used in relation to your use of our Websites and Services.

This Policy does not apply to the information that our customers manage, upload, and store in the Teramind Services (“Customer Content”). In those circumstances:

a. We process and/or host Customer Content on behalf of a customer and that customer is responsible for the collection and use of all Customer Content; and

b. that customer’s privacy notice will apply to the customer’s collection and use of such Customer Content.

In such circumstances you should refer to their privacy notice and direct any queries to them. The customer’s agreement with us governs our use of and processing of Customer Content in these circumstances.

As you will see in the Policy, we only use the Personal Information collected to offer, provide, and improve our current and future Services for our users. If after reviewing the Policy you have any further questions, please contact us as described in the “Contact Us” section below.

Definitions

When we say, “Teramind” “we,” “our,” or “us,” we’re referring to Teramind Inc., our employees, directors, officers, affiliates, and subsidiaries. When we say “you” or “your,” we are referring to the person or entity that is browsing the Websites, contacting us regarding interest in the Services, or registered with us to use the Services.

When we say “Websites,” we mean our websites located at teramind.co, which may be changed from time-to-time, including all subdomains and sites operated by us or on our behalf associated with those domains, and other websites that we operate now and in the future which link to or reference this Policy.

When we say “Services,” we mean our Application Programming Interfaces (APIs), applications, our content, and various third-party providers (as detailed further in this Policy) that make up our behavioral analytics, data insights, enforcement, and other related services.

When we say “Personal Information,” we mean all of the different forms of data that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household (or as otherwise defined by applicable privacy laws) that you provide us and that we collect from you.

2. Personal Information We Collect

2.1. Personal Information you provide to us. When you purchase or express interest in the Services, you may provide us with Personal Information. This Personal Information may include your name, surname, billing and mailing address, email address, phone number(s), account name and password, and credit card information. We use a third-party intermediary to manage credit card processing. This intermediary is not permitted to store, retain, or use your billing information for any purpose except for credit card processing on our behalf.

2.2. When using the Service: We automatically collect certain data relating to the performance and configuration of our Service and related consumption, use of, and interaction with the Service (collectively, “Usage Data“). While Usage Data usually does not involve personal information, it may include such data in the following instances:

technical information, or data obtained from APIs, software or systems hosting the products and services and devices accessing these products and services, log files generated during such use;

data and metadata about an end user, such as user ID, email, IP address, other data about the user’s computer or other device, browser and connecting software (e.g., OS and software versions); and

data and metadata about an end user’s activities and behavior within our Service, such as click-patterns and feature utilization.

2.3. Personal Information from your use of the Websites.

2.3.1. This Personal Information may relate to you or any user of a device for which you provide access to via the Websites, and may include IP address, location information, date and time, browser type, and any other action you might have taken to use and while using the Websites.

2.3.2. Cookies & Web Beacons. When you use the Websites, we store “cookies”, which are strings of code, on your computer. We use those cookies to collect anonymized and/or Personal Information, including but not limited to IP Address, location information, and browser type, about when you visit our Websites, your browser, your operating system, and other similar information. Most browsers allow you to block and delete cookies. However, if you block our cookies, our Websites may not work properly. We or our third-party partners may also employ web beacons, also known as pixel tags or clear GIF, to track online user movement to help us better understand what content is effective. Web beacons are tiny graphics with a unique identifier that are embedded in websites and in newsletter emails. With web beacons, our third-party partners may collect information about you, such as your IP address, your browser or email client type, and other similar details. We use the data from our third-party partners to improve the Services and our related products and services.

2.3.2.1. Microsoft Clarity Heat Maps & Recordings. We utilize a heatmapping and session recording tool provided by a third-party vendor, Microsoft Clarity and Microsoft Advertising to capture how you use and interact with our Websites through behavioral metrics, heatmaps, and session replay to improve and market our products/Services. Websites usage data is captured using first and third-party cookies and other tracking technologies to determine the popularity of products/Services and online activity. Additionally, we use this information for site optimization, fraud/security purposes, and advertising. For more information about how Microsoft collects and uses your data, visit https://privacy.microsoft.com/en-US/privacystatement.

2.3.2.2. Live Webchat. We utilize a live webchat service provided by a third party vendor that collects, uses, stores, shares, discloses, and protects customer Personal Information in accordance with the Intercom privacy policy, located at the following link: https://www.intercom.com/legal/privacy.

2.3.2.3. Meta Pixel. We use Meta Pixel Tags to better measure, optimize, and retarget our marketing campaigns. This allows user specific behavior to be tracked after they have been redirected to the advertiser’s website by clicking on a Facebook ad. This enables us to measure the effectiveness of Facebook ads for statistical and market research purposes. The data collected in this way is anonymous to us, in other words, we do not see the Personal Information of individual users. This data is stored and processed by Facebook. Facebook may link this information to your Facebook account and also use it for its own promotional purposes, in accordance with Facebook’s Data Usage Policy https://www.facebook.com/about/privacy/. For more information on opt-out options, please visit: https://www.facebook.com/help/568137493302217.

2.3.2.4. Oracle, Google, Azure, AWS, MixPanel. The Personal Information collected is primarily used to optimize the Websites and provide insights and internal analytics regarding your use of our Websites and the Services.

2.3.2.5. Google Analytics. Visitors to the Websites may be tracked using Google Analytics. The Personal Information collected by Google Analytics is primarily used to optimize the Websites for users; however, we may also use this data for marketing purposes. The Personal Information we automatically collect using Google Analytics is shared with Google. For more information on Google’s Privacy Policies, visit: https://policies.google.com/privacy. You can also opt-out of having your personal information used by Google Analytics by following the instructions located at https://tools.google.com/dlpage/gaoptout/. Google Analytics may collect the following types of data from users of the Websites:

Type of web browser used, software manufacture and version number.

Type of operating system

Color processing ability of the users screen

JavaScript support

Flash version

Screen resolution

Network location and IP address

Country, city, state, region, county, or any other geographic data

Hostname

Bandwidth (internet connection speed)

Time of visit

Pages visited

Time spent on each page of the Websites

Referring site statistics

The website the user came through in order to arrive at the Websites

Search engine query used

We also use Google Analytics for Display and Search Advertising and, specifically, Google Analytics Demographics and Interest Reporting, on the Websites to help display advertising for products or Services that Teramind thinks may be of interest to you. Teramind will use demographic information collected through our use of Google Analytics Demographics and Interest Reporting for purposes of performing internal statistical analytics relating to the Websites. You can opt-out of receiving interest-based advertisements through the Websites, as well as customize the types of advertisements that will be displayed to you through the Websites, by following the instructions located at https://support.google.com/ads.

2.3.2.6. Hubspot. We use Hubspot for CRM, marketing, and analytics services. The Personal Information collected is primarily used to optimize the Websites, assist with our customer relations and marketing efforts, and to and provide insights and internal analytics regarding your use of our Websites and the Services.

2.3.2.7. YouTube. We use YouTube to embed videos on pages of the Websites. YouTube will set cookies when you interact with content hosted by YouTube. These cookies automatically collect certain information (such as your IP address, watch history, and subscriptions) across your various devices. For more information about YouTube and YouTube’s Privacy Policy, please visit: https://www.youtube.com/howyoutubeworks/user-settings/privacy/

2.3.2.8. R!B2B. Visitors to the Websites may be tracked using R!B2B. The Personal Information collected by R!B2B is primarily used to associate your activities with other personal information we or others have about you, including by association with your email or home address. We (or service providers on our behalf) may then send communications and marketing to these email or home addresses. You may opt out of receiving this advertising by visiting:

https://app.retention.com/optout

3. How We Use Your Information

Teramind uses your Personal Information to provide, monitor, and improve our Services, ensure compliance with legal obligations, and deliver customer support. The information collected is also used for internal analytics to enhance performance and develop new features.

Provide the Services. We may use your Personal Information to provide the Services, or any other content or services you may request from us. For example, to create your account, to bill you for your use of the Services, and to send you updates and alerts regarding your account (CONSENT; CONTRACT; LEGITIMATE INTEREST)

Monitor the Services. We collect your Personal Information for monitoring purposes to help us diagnose problems with our servers, administer and troubleshoot the Websites and the Services, calculate usage levels, analyze industry standards, and analyze transactions, trends, and statistics regarding the use of the Websites and the Services. (CONSENT; LEGITIMATE INTEREST)

Respond to Inquiries and Fulfill Requests. We may use your Personal Information to respond to your inquiries and to fulfill your requests for information. (CONSENT)

Communicate with You regarding Marketing. We may use your Personal Information to send you marketing information about the Services, special promotions, and other items that may be of interest to you. We may also contact you on behalf of our third-party business partners about a particular offering of theirs that may be of interest to you. (CONSENT; LEGITIMATE INTEREST)

Improve the Services. We may use your Personal Information to make the Websites and the Services more stable and user-friendly, to analyze service issues, improve the design and content of the Websites and the Services, personalize your experience, analyze how the Websites and the Services are used, including your video viewing history, offer new services, and to train and develop new and existing Services. (CONSENT, LEGITIMATE INTEREST)

Customer Service. We may use your Personal Information when contacting you regarding customer service, including use of our live chat, or in response when you provide feedback. We may also use your information to send administrative emails regarding the Websites and the Services or to inform you of any changes to this Privacy Policy, our Terms, or our third-party partner’s terms. (CONSENT; LEGITIMATE INTEREST)

Support Business Operations. We may use your Personal Information to support our internal and business operations, including marketing, security, and advertising. (CONSENT; LEGITIMATE INTEREST)

Enforce Agreements. We may use your Personal Information to enforce separate agreements between you and us, enforce this Privacy Policy, our Terms of Use, or our third-party partner’s terms, or in connection with a transaction with a similar effect. (CONSENT; CONTRACT)

Fulfill Other Purposes. We may use your Personal Information to fulfill: (a) any other purpose for which you provide it; (b) any legal or regulatory requirements and any of our internal policies; (c) other purposes disclosed at the time of collection; (d) any other purpose with your consent; and (e) any other purposes set forth in this Privacy Policy. (CONSENT; LEGITIMATE INTEREST)

4. How We Share and Disclose Your Personal Information

Except as otherwise described in this Privacy Policy, we do not sell, share, rent, or otherwise disclose your Personal

Data that we collect from the Websites and Services to any third parties for monetary or other valuable

consideration, unless stated below or with your consent:

Subsidiaries and Affiliates. We may disclose Personal Information about you to our subsidiaries and affiliates.

Service Providers & Contractors. To help us provide superior service, your Personal Information may be shared with our service providers, contractors, and other third parties we use to support our business and who will safeguard it in accordance with this Privacy Policy. Such third parties may help us with order processing and fulfillment, providing customer service, maintaining and analyzing data, and sending customer communications on our behalf.

**LLM-Based Data Summarization Feature**: To support Teramind’s new LLM-based data summarization feature, **we may share personal data with LLM providers**, such as Oracle’s Cohere AI or other providers selected by the customer such as ChatGPT. The processing of this data by third-party LLM providers will comply with relevant data protection laws, including GDPR and CPRA. Customers will have the option to select their preferred provider, and consent will be required for any data transfers that involve external LLM providers (which is between Customer and LLM provider, Teramind has not responsibility regarding consent). Cross-border data transfers may occur and will be subject to appropriate safeguards, such as Standard Contractual Clauses.

Live Chat and Interactive Support. The Websites may include “live chat” or other live interactive features. We may provide these features through technology provided by third parties, and you consent to the transfer of your Personal Information to these providers by using these features.

Marketing Partners. We may share your Personal Information with entities that perform marketing or data aggregation services on our behalf, or with which we or an affiliate has joint marketing arrangements.

Advertising Partners. We may share your Personal Information with third party advertising partners, including but not limited to Google Display Advertising and Remarketing services. These advertising partners may use first- and third-party cookies together to inform, optimize, and serve ads based on your past visits to the Websites. You can opt out of these services using the Ads Preferences Manager or you can use the Google Analytics opt-out browser add-on. These advertising partners may use this information (and similar information collected from other services) for purposes of delivering personalized advertisements to you when you visit digital properties within their networks, commonly referred to as “interest-based advertising.”

Analytics Partners. We may use analytics-based technologies to assist with personalization, advertising, and marketing. These technology capture how you interact with our Websites through behavioral metrics, heatmaps, and session replay to improve and market our products and services.

Authorized Representatives. If another individual is managing your account with us or your email account which the Services connect to on your behalf (for example, in an employment context), as authorized by you or as a personal representative under applicable law, that person can view all Personal Information about you.

In the Event of Merger, Sale, Divestitures, or Change of Control. We reserve the right to transfer Personal Information to a buyer or other successor in interest that acquires rights to that information as a result of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of us or substantially 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 you is among the assets transferred.

With Your Consent. We may share your information for other purposes pursuant to your consent or at your direction.

Other Disclosures. We may disclose your Personal Information if we have a good faith belief that disclosure of such information is helpful or reasonably necessary to: (i) conform to legal requirements and comply with any court order, law, or legal process, including responding to any government, law enforcement, or regulatory request; (ii) enforce the Terms and Conditions, other agreements, including between you and us, and any other documents included or referenced therein (all of which are incorporated into and made a part of this Privacy Policy by reference); (iii) fulfill the purpose for which you provide it; (iv) detect, prevent, or otherwise address fraud or security issues; or (v) protect against harm to our, your, or third parties’ rights, property, or safety.

We may share and disclose de-identified and/or aggregate data with third-party partners for the purposes described in this Privacy Policy or where it is collected, or any other legal purpose, including, when and where applicable, sharing and disclosing non-personally identifiable information. We may permit our service providers to use aggregate information which does not identify you or de-identified data for other purposes.

5. Public Information & Third Party Links

5.1. Teramind Blog: We may have public blogs on our Websites. Any information you provide in these areas may be read, collected, and used by anyone. If your Personal Information appears on our blogs and if you would like to remove it, you can send your request to [email protected]. In some cases, we may not be able to remove your Personal Information, in which case we will let you know if we are unable to do so and why.

5.2. We publish customer testimonials on our Websites, which may contain Personal Information. We obtain consent to post the customer’s name along with their testimonial. To request the removal of your Personal Information from a testimonial, please email us at [email protected].

5.3. The Websites may contain links to third-party services, websites, mobile applications, and/or contain advertisements from third parties that are not affiliates with us and which may link to other websites, services, or applications. While we endeavor to work with third parties that share our respect for user privacy, we are not responsible for the privacy policies or privacy practices of such third parties. Any information collected by third parties are not covered by this Privacy Policy. You are responsible for knowing when you are leaving the Websites to visit a third-party website, service, or application and for reading and understanding the terms of use and privacy policy statements for each such third party. This Privacy Policy only governs information collected through the Services.

5.4. We have no direct relationship with third parties with whom our users may interact using the Services. Any such party who would like to amend or delete data which may be stored in those services should direct his or her request to the applicable third party as the “data controller” for such information.

6. Direct Marketing

If you no longer wish to receive our newsletters, you may unsubscribe by following the link located within our emails. When Personal Information is processed for direct marketing purposes, you have the right at any time to disagree with handling of Personal Information related to you for such marketing purposes, including profiling, insofar as it relates to such direct marketing. When you oppose the processing of Personal Information for direct marketing purposes, Personal Information is not processed for such purposes. We shall inform you clearly of your rights at the latest at the first contact with you, and this information shall be provided clearly and separately from all other information.

7. Advertising

Advertisements appearing on the Websites may be delivered by advertising partners, including without limitation to Microsoft, Bing, LinkedIn, Twitter, Facebook, and Google, who may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement to compile information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. This Privacy Policy covers the use of cookies by us and does not cover the use of cookies by any advertisers.

We and our service providers may use information about your interactions with the Websites to predict your interests and select the ads you see on and off the Websites. This is known as interest-based advertising. We may also use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your Personal Information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria. In providing interest-based ads, we follow the Self-Regulatory Principles for Online Behavioral Advertising developed by the Digital Advertising Alliance (“DAA”). 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. For more information about interest-based advertising and how you can opt out, visit:

Digital Advertising Alliance: http://www.aboutads.info/choices

Network Advertising Initiative: http://www.networkadvertising.org/choices/

8. Security

We take precautions — including administrative, technical, and physical measures — to safeguard your Personal Information against loss, theft, and misuse, as well as against unauthorized access, disclosure, alteration, and destruction. We follow generally accepted industry standards to protect your information, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, however, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security. When you enter sensitive information (such as credit card

number) on our order form, we encrypt the transmission of that information using secure socket layer technology (SSL).

9. Data Retention

We retain your Personal Information and data that we process on your behalf as long as your account is active, as needed to provide the Services, and as necessary to comply with our legal obligations and resolve disputes. We retain capture video for six (6) months unless otherwise stated in your customer contract.

10. Updates to this Privacy Policy

We reserve the right to modify this privacy statement at any time, so please review it frequently. If we make material changes to this policy, we will notify you on the Websites or by email.

11. Children

The Services are not intended for children under 16 years of age. We do not knowingly collect information from children under 16 and do not direct the Services for use by individuals under the age of 16. If you are under 16, do not use or provide any information to the Services. If we learn we have collected or received Personal Information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us as specified in the “Contact Us” section below and we will promptly remove the information.

12. Regional Consumer Privacy Rights

Individuals in the European Economic Area (EEA) and the United Kingdom (UK) have certain privacy rights under EEA and UK law, including the General Data Protection Regulations and UK Data Protection Act 2018. Please see our EEA and UK Privacy Notice for more details.

Individuals who are residents of the State of California have certain privacy rights under California law. Please see our California Privacy Notice for more details.

13. Contact Us

If you have any questions or concerns about our Privacy Policy, please contact us at +1-212-603-9617 or via email at [email protected]