Privacy Policy

Agyl AI, Inc. d.b.a. Ekom AI and its affiliates (“Ekom,” “We,” “Us,” “Our”) respect your (“You” or “Your”) privacy rights. We strive to collect, process, use, and disclose Personal Data in a manner consistent with the laws of the countries in which We do business and aim to uphold the highest ethical standards in Our business practices. If you require an alternative format of this Policy to access it, please contact admin@ekom.ai. Capitalized terms not defined in this Policy shall have the meaning given to such terms in the Terms of Service. 

Scope and Applicability of this Policy

This Policy applies to https://www.ekom.ai (“Site”) and services owned and operated by Ekom, including Ekom’s platform offerings (“Services”). By using or accessing the Site or Services in any manner, You acknowledge that You accept the practices outlined in this Policy and You hereby consent that We will collect, use, and share Your information as outlined in this Policy.   

This Policy does not apply to any third-party applications or software that integrate with Services or any other third-party products, services, or businesses.

Definitions

For purposes of this Policy, the following definitions shall apply:

 “Personal Data” means any information or set of information that directly or indirectly identifies or could be used by Ekom or its agents to identify an individual, such as a name, address, location data, online identifier, one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that individual, and also includes information referred to as “personally identifiable information” or “personal information” under applicable data privacy laws, rules, or regulations. 

“Aggregate Data” is de-identified information, learnings, logs, and data We collect about a group or category of services or users.

Personal Data does not include Aggregate Data or publicly available information that has not been combined with non-public Personal Data. 

Ekom’s Role as a Data Controller and Data Processor

Ekom acts as a data controller when We collect and define the purpose for and control the means by which Personal Data is processed. For example, Ekom acts as a data controller when collecting customer feedback or information to improve Our Services.

Ekom acts as a data processor when We provide our Services to our Clients. When acting as a data processor, Ekom will only process Personal Data in accordance with Client’s instructions, Terms of Service, and this Policy. 

Information that We Collect from You:

We collect information You share with us through our Site and when You register for and use our Services. 

Category of Information

What this Means

Identity or Contact Information

When you create an Account, we will collect Information associated with Your Account, such as Your name, address, account credentials, email address, date of birth, or other similar information or forms of identification.

Transaction Information

Any details about payments to and from You and other details of Services or Subscriptions You have purchased from us, including payment card information and transaction history.

Content Data Information

Any User Content You post, upload, or transmit on Our Platform or through our Services that are not already included in another category, including, without limitation, writings, images, preference settings, comments, other contributions, and metadata about them (such as when you posted them). We may use this User Content and Generated Content to improve our Services, Platform, and related models.

Marketing and Communications Information

Your preferences in receiving marketing information and communication preferences, including Your name, contact information, and any messages You send us.  

Behavioral and Usage Information

Details about Your access, use, or interaction with our Platform or Services, including traffic data, location data, logs, and other communication data and the Information You access on our Platform or through our Services.  

This may include data collected automatically by using our Platform or Services and inferred or assumed information relating to your behavior and interests, based on your activity on and through our Services.  

We also may use these technologies to collect Information about Your online activities (e.g., writing styles) over time and across third-party websites or other online services.

Technical Information

IP address, time zone setting and location, operating system and platform Information, and other technology on the devices used to access our Services or Platform, such as device name, operating system, and browser.  

We may collect this Information automatically through cookies, logs, and web beacons.  

Aggregated Data or Information

We may also collect, use, and share “aggregated data” or “aggregated information” such as statistical or demographic data. 

We may use aggregated or de-identified data to analyze the performance of our Services, improve and add features to our Services, and conduct research. We may also analyze the general behavior and characteristics of our Services' users and share aggregated information like user statistics with third parties to improve our Services.

However, if we combine or connect Aggregated Data with your Personal Data so that it can directly or indirectly identify you, we treat the combined data as Personal Data which will be used in accordance with this Policy.

No Sensitive Data

Ekom does not generally collect sensitive Personal Data, which includes Personal data such as racial or ethnic origins, religious, political, or philosophical beliefs, health or medical information, genetic or biometric data, back account information (except when required to process your purchases), or other sensitive Personal Data as defined by applicable law. Ekom will obtain Your consent should We need to collect Your sensitive Personal Data.

Information Provided by Third Party Sources:

We may also collect or receive information from third-party sources, and our Services may contain links to other third-party sites.  Any Information you provide on the linked pages is provided directly to such third-party and is subject to their terms and policies.  This Policy does not apply to such linked third-party sites, and we are not responsible for the content or privacy and security practices and policies of these sites or any other sites linked to or from our Platform.

Some information on the Services may be served by a third-party, including advertisers, ad networks and servers, content providers, and application providers.  These third-parties may use cookies in conjunction with web beacons or other tracking technologies to collect Information about you.  The information they collect may be associated with your Personal Data or Sensitive Data, or they may collect information about your activities over time and across different websites and other online services.  Third-parties may use this information to provide You with interest-based advertising or other targeted content.  We do not control third-party tracking technologies or how they may be used.  You should contact the responsible provider if you have questions about an advertisement or other targeted content. 

We may collect Information regarding Your usage of our Services, including the links You viewed, time spent using our Services, demographic data such as server locations, connection speed, and other information that does not identify you (e.g., writing styles, tones, and preferences).  Like most online services, we also use cookies, log files, clear GIFs, tracking pixels, web beacons, and other technologies that may collect Personal Data.

When you use our Services, cookies and similar technologies may be used by our online data partners or vendors to associate these activities with other personal information they or others have about you, including by association with your email or home address. “Cookies” are small data files, to your device to uniquely identify your browser/operating system and allow us to help you enhance your navigation of our Services.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. 

A cookie may also convey information about how you use our Services so we can provide you with a more personalized experience. A persistent cookie remains on your device after you close your browser/application so your browser can use it on subsequent visits to our Services.  Persistent cookies can be removed by following your web browser’s directions. A session cookie is temporary and disappears after you close your browser.  Our Services may use the following types of cookies, logs, web beacons, and other tracking technology:

Types

Purpose

Essential Cookies

Are necessary to provide you with our Services. For example, they allow you to log in to secure areas of our Platform and help to load the content quickly. 

Functionality Cookies

Allow us to remember your choices when using our Services, such as remembering your login or Account information.  The purpose of these cookies is to provide you with a more personal experience and to avoid you having to re-enter your preferences every time you visit our Platform.

Analytics and Performance Cookies

Are used to collect Information about traffic to our Platform and how users use our Platform and Services. The Information gathered does not directly identify any individual visitor. 

However, it may render such visitors “indirectly identifiable” because the Information collected is typically linked to a pseudonymous identifier associated with the device used to access our Platform. The Information collected is aggregated and anonymous.  We use this Information to help operate our Platform and Services more efficiently, gather broad demographic Information, and monitor the level of activity on our Platform or through our Services. 

We may also use several third-party tools and services for this purpose.

Targeted and Advertising Cookies

Track your browsing habits to show third-parties what you may be interested in.  These cookies use Information about your browsing history to group you with other Users with similar preferences.  Based on that Information, a third-party may place cookies to enable them to show adverts that may be relevant to your interests while on a third-party site. 

Third-parties may also use other technologies in addition to cookies (such as web beacons) to measure their advertisements' effectiveness and personalize their advertising content.

Log Data

Your browser automatically reports information each time You access a web page. When you use our Services, our servers automatically record the Information your web browser sends whenever you visit a site. These server logs may include Information such as your web request, IP address, browser type, referring / exit pages and URLs, number of clicks, domain names, landing pages, pages viewed, and other similar Information.

Typically, you can reset your web browser to refuse all cookies or to notify you when a cookie is being sent. To do this, follow the instructions provided by your browser (usually located within the “settings”, “help” or “tools” function).  Many browsers default to accept cookies until you change your settings.

If you do not accept our cookies, you may experience some inconvenience in using our Services, and some features of our Services may not function properly.  

Visit www.allaboutcookies.org or www.whatarecookies.com for more information about cookies, including how to see what cookies have been set on your device and how to manage and delete them.

Currently, we do not respond to web browser's “do not track” signals that provide a method to opt-out of the collection of Information about User activities on the Services.  If we do so in the future, we will provide relevant information in this Policy.

How We Use Your Personal Data

• To provide You with Services, Site, and support and to personalize and improve our Services, including by using User Content and Generated Content to train our models that power our Services for the benefit of our Users, such as by producing more accurate and valuable Generated Content. 
• To contact You: We use Your Personal Data and information We collect about Your activities on the Site to contact You with promotional content based on Your preferences, including but not limited to telemarketing calls, marketing emails, newsletters, whitepapers, and information on upcoming events. We also use it to send administrative information, such as notices related to Services or policy changes. 
• To administer Your account: We may also use Your Personal Data to facilitate Your account administration and use of the operation of the Site and Services;
• To inform You: We use Your Personal Data to provide You with information or Services You request, including our product documentation and white papers as well as update You on our events, promotions, products or services We believe will be of interest to You;
• To elicit Your feedback: We may use Your Personal Data to contact You for feedback to enable Us to develop, customize, and improve the Site and Services;
• To communicate with You: We may use Your Personal Data to send You an onboarding welcome email and contact You about Your use of the Site and Services; to respond to Your emails, submissions, requests, or complaints; to perform after-sales services; to anticipate and resolve problems with our Services; to respond to support inquiries, and to inform You of updates to the Services;
• To Process Your Application for Employment with Us: We use Your Personal Data to review Your candidacy for the job postings to which You applied to the extent applicable. 
• To improve Services: This includes administration, testing, research, analysis, maintenance, and product development, including developing or improving our Services.
• Accomplish other purposes about which We notify You.

Ekom does not sell Personal Data that We collect or process under this Privacy Policy.

How We Share Your Personal Data

• Service Providers. We engage with service providers to perform business functions and provide services to us. We use third-party services to help operate our Services and use third party providers for such functions as data hosting, analytics, customer relationship management, and email service. Ekom may share Your Personal Data with these service providers only on Ekom’s behalf and solely pursuant to Our instructions and subject to obligations consistent with this Policy and any other appropriate confidentiality, privacy, and security measures.
• To comply with applicable laws. We may disclose information to a third party as required by law when We believe in good faith that disclosure is necessary (i) to comply with a regulation, court order, subpoena, or a similar legal process, (ii) to enforce Our policies, terms of use, or Our contracts, (iii) to protect Us, Our agents, Our customers, and Our associates, (iv) to respond to an emergency, protect personal safety, or to help prevent security threats, fraud, or other malicious activity, (v) to respond to an authorized information request of a government or law enforcement authorities. We have no duty to notify You of such compliance with local law where applicable.
• Corporate Affiliates. Ekom may share Personal Data with its corporate affiliates, parent(s), or subsidiaries.
• Business Transition. We may also share Personal Data in connection with an acquisition, merger, or sale of all or a substantial portion of Our business, with or to another company. In any such event, We will notify You if Your data is transferred and becomes subject to a substantially different privacy policy. 
• With Your consent or for any other purpose disclosed by Us when You provide the Personal Data.

Global Operations and International Data Transfers

To facilitate Our global operations, We may transfer, store and process Your Personal Data in jurisdictions other than where You live, including in the United States.  Laws in these countries may differ from the laws applicable to Your country of residence.  For instance, if You are a European Economic Area (EEA) data subject and Your Personal Data is shared with our affiliates, partners, or third-party service providers acting on Our behalf outside of the EEA, then it is done so pursuant to necessary means to ensure an adequate level of protection. 

Standard Contractual Clauses. Ekom offers Standard Contractual Clauses, also known as E.U. Model Clauses, to meet the adequacy and security requirements for Our Clients that operate in the E.U. and other international transfers of Personal Data. To receive a copy of our standard Data Processing Addendum, incorporating Standard Contractual Clauses, please email support@ekom.ai. In addition, Ekom has executed Standard Contractual Clauses with its sub-processors who process Personal Data on behalf of Ekom.

European Union Resident Data Subject Rights Under the General Data Protection Regulation (“GDPR”)

If You are a resident of the European Union, United Kingdom, Lichtenstein, Switzerland, Iceland, or Norway, You have the data subject rights under the GDPR as described below. If You have questions whether any of the following applies to you, please contact Us at support@ekom.ai and we will respond to Your questions as soon as practicable.

Your European Privacy Rights.  If you are located in the EEA or the UK, you have additional rights described below.

Right to Access, Erasure, Rectification & Portability. You may request access to the personal information we maintain about you, update and correct inaccuracies in your personal information, restrict or object to the processing of your personal information, have your personal information anonymized or deleted, as appropriate, or exercise your right to data portability to easily transfer your personal information to another company.  In addition, you have the right to lodge a complaint with a supervisory authority, including in your country of residence, place of work or where an incident took place.

Right to Object to Processing. You may withdraw any consent you previously provided to us regarding the processing of your personal information at any time and free of charge.  We will apply your preferences going forward and this will not affect the lawfulness of the processing before you withdrew your consent.

You may exercise these rights by contacting us using the contact details at the end of this Privacy Policy.  Before fulfilling your request, we may ask you to provide reasonable information to verify your identity.  Please note that there are exceptions and limitations to each of these rights, and that while any changes you make will be reflected in active user databases instantly or within a reasonable period of time, we may retain information for backups, archiving, prevention of fraud and abuse, analytics, satisfaction of legal obligations, or where we otherwise reasonably believe that we have a legitimate reason to do so.

Personal Data Processing Grounds

When We process Your Personal Data, We do so on the following grounds:

• Performance under a Contract: We may process Your Personal Data as part of Our contractual obligations to You or Your employer, organization, or association. 
• Consent: We may process Personal Data based on the consent You expressly grant to us at the time we collect such data. You can withdraw Your consent at any time, which will not affect the lawfulness of the processing before Your consent was withdrawn.
• Legitimate Interest: We process Personal Data for the legitimate interests of Ekom and that Our partners, affiliates, and Clients. These legitimate interests include, investigating illegal activities, detecting security issues, improving and maintaining the Site and the Services, contacting You to provide support, sending you relevant marketing information (subject to applicable laws). We will balance our interests and rights against the impact of the processing on data subjects.
• Legal Obligation & Other Grounds: We may need to process Your Personal Data to comply with a legal obligation, such as a lawful subpoena, court order, law-enforcement request, or to fulfill the lawful instructions of Our Clients (when they are acting as the data controller). We may also need to process Your Personal Data to protect vital interests and defend legal claims.

U.S. Resident Rights

Data Subject Rights

If You are a resident of one of the states in the chart below, You have certain rights, as specified herein, regarding Your Personal Data.

• Right to Disclosure & Access. You have the right to request certain information about our collection and use of your Personal Data over the past 12 months. In accordance with CCPA and other applicable laws, We will provide You with the following information: (i) categories of Personal Data that We have collected about You; (ii) categories of sources from which that Personal Data was collected; (iii) categories of third parties with whom We have shared Your Personal Data; (iv) the business or commercial purpose for collecting or selling Your Personal Data; (v) the specific items of Personal Data that We collected about You; and (vi) if We disclosed/sold Your Personal Data over the last 12 months, We will identify the categories of Personal Data shared/sold with each category of third-party recipient. For more information on collection, use, and sharing of Your Personal Data, please refer to the Sections titled “Information that We Collect from You”, “How We Use Your Personal Data”, and “How We Share Your Personal Data”. 
• Right to Obtain a List of Third Parties to Which Your Personal Data has been Disclosed. You have the right to obtain at Our option either (i) a list of third parties other than natural persons who have received Your Personal Data or (ii) a list of third parties other than natural persons who have received Personal Data from Us.
• Right to Correction. You have the right to request that We correct Your Personal Data.
• Right to Deletion. You have the right to request that We delete the Personal Data that we have collected from You.
• Right to Data Portability. You may request to receive specific pieces of Your Personal Data, including a copy in a portable format.
• Right to Opt-Out of Sales or Sharing/Targeted Advertising. You can ask that we do not “sell” or “share” your Personal Data as “sell” and “share” are explicitly defined under the CCPA or other applicable law. For more information, please refer to the “Sale and Sharing of Personal Data” section below.
• Right to Have Opt-Out Signals Recognized. We will honor and process your request to opt out when that preference is signaled through the Global Privacy Control (“GPC”). The GPC will only be broadcast through browsers and/or browser extensions that support it. You can find instructions on how to utilize the GPC here.
• Right to Revoke Consent. You have the right to revoke Your consent to Our processing of Your Personal Data. If You revoke Your consent, you may not be able to utilize certain aspects of Our Site or Services.
• Right to be Free from Discrimination. You may freely exercise these rights without fear of being denied our Services. We will not charge You different prices or rates or provide You with a lower quality of services if You exercise Your rights under CCPA or other applicable laws.

If You have any questions about this section, whether any of the following applies to You, or to exercise Your rights, please email support@ekom.ai.

Sale and Sharing of Personal Data

We do not sell Personal Data in the conventional sense. However, when You use the Site, Our authorized third parties may collect information on You by using web cookies or similar technologies and use such data for their own purposes. Making your Personal Data available to these third parties may qualify as “sale” or “sharing” of Your Personal Data under CCPA. You may request to opt-out of “sale” or “sharing” of Your Personal Data by using the Cookie Consent Manager. 

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You may also opt-out of targeted advertising by using the Cookie Consent Manager.

Nevada residents have the right to opt-out of the sale of certain Personal Data to third parties who intend to license or sell that Personal Data. You can exercise this right by contacting Us at admin@ekom.ai and providing us with your name and the email address associated with your account. We do not currently sell Your Personal Data as sales are defined in Nevada Revised Statutes Chapter 603A.

For more information on sharing of Your Personal Data, please refer to the Section “How We Share Your Personal Data”.

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Sensitive Personal Data

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As stated in the Section “Information that We Collect from You”, we generally do not collect sensitive Personal Data. If We collect Your sensitive Personal Data, We will not disclose it to third parties and only use it for purposes permitted in accordance with applicable laws including CCPA and CPRA such as performing the Services, ensuring the physical safety of persons, and preventing, detecting, and investigating security incidents. We do not collect Your sensitive Personal Data to infer any characteristics about You.

Exercising Your Rights

All requests pursuant to this section must be addressed to support@ekom.ai. In compliance with CCPA or other applicable law, We will require certain identifying information from You to verify Your request. We will make Our best efforts to respond to Your valid request within 45 days of receipt. In some instances, We may be required to continue to retain or share portions of Your Personal Data to comply with regulatory or legal obligations.

Children’s Privacy

Ekom does not knowingly collect or solicit Personal Data from anyone under the age of 16. If We learn that We have collected Personal Data from a child under age 16, We will delete the information We have stored as quickly as possible. If You believe that We might have any information from or about a child under 16, please contact us at admin@ekom.ai.  

Security

Ekom uses industry-standard security measures to protect against the loss, misuse, and alteration of the Personal Data under Our control. Any payment transactions are processed through Stripe, in accordance with their respective terms and security protocols, such as Stripe’s privacy policy. Although We make good faith efforts to store the Personal Data collected by Ekom in a secure operating environment that is not available to the public, Ekom cannot guarantee complete security. Further, while We take reasonable steps to ensure the integrity and security of our network and systems, We cannot guarantee that our security measures will prevent third-party “hackers” from obtaining this information.

Data Retention

Ekom retains the Personal Data we receive as described in this Privacy Policy for as long as You use Our Services or as necessary to fulfill the purpose(s) for which it was collected, provide Our Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws. 

Changes to this Privacy Policy

This Policy may be amended from time to time, consistent with the requirements of the Data Privacy Framework Principles. Appropriate public notice will be given concerning material amendments or changes to this Policy. If We make any material changes, We will notify You by email (sent to the e-mail address specified in Your account) or by means of a notice on this Website prior to the change becoming effective. We encourage You to periodically review this page for the latest information on our privacy practices.

Contact Our Data Protection Officer

Any questions or concerns regarding the use or disclosure of Personal Data should be directed to Agyl, Inc. at the address given below. Agyl, Inc. will investigate and attempt to resolve complaints and disputes regarding use and disclosure of Personal Data in accordance with the principles contained in this Policy.

Address: 

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Agyl AI, Inc.

Attn: Legal

1033 Demonbreun St., Suite 300

Nashville, TN 37203

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Email: admin@ekom.ai

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