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Pathr™ Privacy Policy

Effective Date: December 4, 2019

Brain of the Store, Inc. d/b/a Pathr.ai (“Pathr,” “we,” “us,” and “our“) is a technology company that provides real-time spatial intelligence to our Customers. Our Privacy Policy (“Privacy Policy“) is designed to help you understand how we collect, use and share your personal information and to assist you in exercising the privacy rights available to you.

SCOPE
This Privacy Policy applies to personal information processed by us in the course of our business-to-business relationship with our Customers, our potential customers, and/or other individuals we may directly interact with, including on our website, through the use of our products and services, and through our related online and offline offerings (collectively, the “Services“).

ABOUT PATHR
Pathr provides entities that operate within defined spaces, such as brick-and-mortar retailers, hospitals, buildings, and cities (each a “Customer“) with a platform that leverages our Customers’ existing ecosystems of cameras, sensors and other devices in combination with artificial intelligence-based machine learning to generate real-time analyses based on events and behaviors of people within the spaces. These people may include shoppers, Customer employees, and others (collectively, “Individuals“). Our platform enables our Customers to analyze data and provide improved experiences within the spaces. For example, our Customers who are retailers can use our platform to provide improved shopping experiences repeatable across all of their stores.

Click here to learn more about Pathr.

Please note that this Privacy Policy does not apply to any of the information that our Customers may collect and/or analyze using our Services (“Customer Data”). Our Customers are responsible for providing the appropriate notice to and obtaining any required authorizations from Individuals for the processing of Customer Data. Our Customers’ respective privacy policies will govern the collection and use of such information and we encourage you to read each Customer’s privacy policy in detail.

Some examples of how our Customers may collect Customer Data include:

  • CCTV Analysis. Our Customers may use our platform in combination with their existing CCTV cameras to analyze information about the behavior and patterns of Individuals within the spaces in which they operate. This information may indicate when Individuals enter or exit the spaces, the paths taken and the areas visited within the spaces, and the times spent within particular areas within the spaces.
  • Geolocation Data. Our Customers’ may also use our platform to collect and analyze geo-location data about Individuals within their spaces using various technologies, sensors, and/or systems. For example, Customers may collect geo-location information using Bluetooth beacons present on shopping carts in retail stores or other devices within the stores or by using a mobile app present on Individuals’ mobile devices.

PERSONAL INFORMATION WE COLLECT
Information Provided to Us.

  • Account Information. We may require that our Customers (and our Customer’s employees) create accounts to use the Services. If you create an account, we will collect your name, email address, the name of your employer, and other related information.
  • Communications with Us. We collect personal information such as email address, phone number, or mailing address when you request information about our Services, request customer or technical support, or otherwise communicate with us.
  • Interactive Features. We may offer interactive features such as collaboration tools, commenting functionalities, review forums, blogs, chat services, and social media pages. We, and others who use our Services, may collect the information you submit or make available through these interactive features. Any information shared on the public sections of these channels will be considered “public” and may not be subject to the privacy protections referenced herein.
  • Conferences, Trade Shows, and Other Events. We may attend conferences, trade shows, and other events where we collect personal information from individuals who interact with or express an interest in us and/or the Services. If you provide us with any information at one of these events, we will use it for the purposes for which it was collected.
  • Surveys. We may contact you to participate in surveys. If you decide to participate, you may be asked to provide certain information which may include personal information.
  • Job Applications. We may post job openings and opportunities on the Services. If you reply to one of these postings by submitting your application, CV and/or cover letter to us, we will collect and process the information contained therein to assess your suitability, aptitude, skills, and qualifications for employment with us.

Information We Collect Through Use of the Services.
Automatic Data Collection. We may collect certain information automatically when you use the Services. This information may include your Internet protocol (IP) address, user settings, IMEI, MAC address, cookie identifiers, mobile advertising and other unique identifiers, mobile carrier, details about your browser, operating system or device, location information (including inferred location based off of your IP address), Internet service provider, pages that you visit before, during, and after  using the Services, and other information about how you use the Services. Information we collect may be associated with your account and the devices you use.

Cookies, Pixel Tags/Web Beacons and Analytics Information. We, as well as third parties that provide content, advertising, or other functionality on the Services, may use cookies, pixel tags, local storage, and other technologies (“Technologies“) to automatically collect information through the Services. Technologies are essentially small data files placed on your device that allow us and our partners to record certain pieces of information whenever you visit or interact with our Services.

  • Cookies. Cookies are small text files placed in visitors’ device browsers to store their preferences. Most browsers allow you to block and delete cookies. However, if you do that, the Services may not work properly.
  • Pixel Tags/Web Beacons. A pixel tag (also known as a web beacon) is a piece of code embedded in the Services that collects information about users’ engagement on the Services. The use of a pixel allows us to record, for example, that a user has visited a particular web page or clicked on a particular advertisement. We may also include web beacons in e-mails to understand whether messages have been opened, acted on, or forwarded.

Analytics. We may use Google Analytics and other service providers to collect and process analytics information on our Services. For more information about Google Analytics, please visit www.google.com/policies/privacy/partners/. You can opt out of Google’s collection and processing of data generated by your use of the Services by going to http://tools.google.com/dlpage/gaoptout.

Information from Other Sources.
We may obtain information about you from other sources, including through third-party services and organizations. For example, if you access our Services through a third-party application, such as a third-party login service, we may collect information about you from that third party that you have made available via your privacy settings.

HOW WE USE YOUR INFORMATION
We use information for a variety of business purposes, including:
To Provide the Services, such as:

  • Fulfilling our contract with you or the organization on whose behalf you use the Services;
  • Managing account information;
  • Responding to questions, comments, and other requests;
  • Providing access to certain areas, functionalities, and features of our Services;
  • Communicating with you about your account, activities on our Services and policy changes;
  • Processing your financial information and other payment methods for products or Services purchased;
  • Processing applications and transactions;
  • Answering your requests for customer or technical support; and
  • Allowing you to register for events.

Administrative Purposes, such as:

  • Pursuing legitimate interests, such as direct marketing, research and development (including marketing research), network and information security, and fraud prevention;
  • Measuring interest and engagement in our Services;
  • Improving our products and Services;
  • Developing new products and Services;
  • Ensuring internal quality control;
  • Verifying your identity;
  • Carrying out audits;
  • Detecting bugs or other software issues;
  • Preventing and prosecuting potentially prohibited or illegal activities;
  • Enforcing our agreements; and
  • Complying with our legal obligations.

Marketing Our Products and Services. We may use personal information to tailor and provide you with content and advertisements. We may provide you with these materials as permitted by applicable law.

If you have any questions about our marketing practices or if you would like to opt out of the use of your personal information for marketing purposes, you may contact us at any time as set forth below.

Consent. We may use personal information for other purposes that are clearly disclosed to you at the time you provide personal information or with your consent.

De-identified and Aggregated Information Use. We may use personal information and other information about you to create de-identified and/or aggregated information, such as de-identified demographic information, de-identified location information, information about the device from which you access our Services, or other analyses we create. De-identified and/or aggregated information is not personal information, and we may use and disclose such information in a number of ways, including research, internal analysis, analytics, and any other legally permissible purposes.

How We Use Automatic Collection Technologies. We, as well as third parties that provide content, advertising, or other functionality on the Services, may use cookies, pixel tags, local storage, and other technologies to automatically collect information through the Services. Our uses of these Technologies fall into the following general categories:

  • Operationally Necessary. This includes Technologies that allow you access to our Services, applications, and tools that are required to identify irregular site behavior, prevent fraudulent activity and improve security or that allow you to make use of our functionality;
  • Performance Related. We may use Technologies to assess the performance of our Services, including as part of our analytic practices to help us understand how our visitors use the Services;
  • Functionality Related. We may use Technologies that allow us to offer you enhanced functionality when accessing or using our Services. This may include identifying you when you sign into our Services or keeping track of your specified preferences, interests, or past pages viewed;
  • Advertising or Targeting Related. We may use first party or third-party Technologies to develop and deliver content, including ads relevant to your interests, on our Services or on third-party sites.

DISCLOSING YOUR INFORMATION TO THIRD PARTIES
We may share your personal information with the following categories of third parties:

Service Providers. We may share any personal information we collect about you with our third-party service providers. The categories of service providers (processors) to whom we entrust personal information include: (i) the provision of the Services; (ii) the provision of information, products, and other services you have requested; (iii) marketing and advertising; (iv) payment processing; (v) customer service activities; and (vi) the provision IT and related services.

Employers. If you are an employee using the Services on behalf of your employer, we may share the information we collect with your employer (our Customer). Once this information has been shared with your employer, it will be subject to your employer’s privacy policy.

Affiliates. We may share personal information with our affiliated companies.

Business Partners. We may provide personal information to business partners to provide you with a product or service you have requested. We may also provide relevant personal information to business partners with whom we jointly offer products or services.

Advertising Partners. Through our Services, we may allow third party advertising partners to set Technologies and other tracking tools to collect information regarding your activities and your device (e.g., your IP address, cookie identifiers, page(s) visited, location, time of day). 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 third party services within their networks. This practice is commonly referred to as “interest-based advertising” or “personalized advertising.” If you prefer not to share your personal information with third party advertising partners, you may follow the instructions below.

Disclosures to Protect Us or Others. We may access, preserve, and disclose your personal information if we believe doing so is required or appropriate to: (i) comply with law enforcement or national security requests and legal process, such as a court order or subpoena; (ii) protect your, our or others’ rights, property, or safety; (iii) to collect amounts owed to us; (iv) when we believe disclosure is necessary or appropriate to prevent financial loss or in connection with an investigation or prosecution of suspected or actual illegal activity; or (v) if we, in good faith, believe that disclosure is otherwise necessary or advisable.

Merger, Sale, or Other Asset Transfers. If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, purchase or sale of assets, or transition of service to another provider, then your information may be sold or transferred as part of such a transaction, as permitted by law and/or contract.

INTERNATIONAL DATA TRANSFERS.
All information processed by us may be transferred, processed, and stored anywhere in the world, including but not limited to, the United States or other countries, which may have data protection laws that are different from the laws where you live. We endeavor to safeguard your information consistent with the requirements of applicable laws.

YOUR CHOICES
General. You may have the right to object to or opt out of certain uses of your personal information. Where you have consented to the processing of your personal information, you may withdraw that consent at any time by contacting us as described below.

Email Communications. If you receive an unwanted email from us, you can use the unsubscribe link found at the bottom of the email to opt out of receiving future emails. Note that you will continue to receive transaction-related emails regarding products or Services you have requested. We may also send you certain non-promotional communications regarding us and our Services, and you will not be able to opt out of those communications (e.g., communications regarding the Services or updates to our Terms of Service or this Privacy Policy).

Technologies and Personalized Advertising. If you would like to opt-out of the Technologies we employ on the Services, you may do so by blocking, disabling, or deleting them as your browser or device permits. Please note that cookie-based opt-outs are not effective on mobile applications. However, you may opt-out of personalized advertisements on some mobile applications by following the instructions for Android and iOS.

The online advertising industry also provides websites from which you may opt-out of receiving targeted ads from advertisers that participate in self-regulatory programs. You can access these websites, and also learn more about targeted advertising and consumer choice and privacy, at www.networkadvertising.org/managing/opt_out.asp, http://www.youronlinechoices.eu/, https://youradchoices.ca/choices/, and www.aboutads.info/choices/.

Please note you must separately opt out in each browser and on each device.
“Do Not Track”. Do Not Track (“DNT“) is a privacy preference that users can set in certain web browsers. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers.

YOUR PRIVACY RIGHTS
For purposes of the California Consumer Privacy Act, we do not “sell” your personal information.

In accordance with applicable law, you may have the right to: (i) request confirmation of whether we are processing your personal information; (ii) obtain access to or a copy of your personal information; (iii) receive an electronic copy of personal information that you have provided to us, or ask us to send that information to another company (the “right of data portability”); (iv) restrict our uses of your personal information; (v) seek correction or amendment of inaccurate, untrue, incomplete, or improperly processed personal information; (vi) withdraw your consent; and (vii) request erasure of personal information held about you by us, subject to certain exceptions prescribed by law. If you would like to exercise any of these rights, please contact us as set forth below.

We will process such requests in accordance with applicable laws. To protect your privacy, we will take steps to verify your identity before fulfilling your request.

If you are a California resident, you have the right not to receive discriminatory treatment by us for the exercise of your rights conferred by the California Consumer Privacy Act.

DATA RETENTION
We store the personal information 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.

SECURITY OF YOUR INFORMATION
We take steps to ensure that your information is treated securely and in accordance with this Privacy Policy. Unfortunately, no system is 100% secure, and we cannot ensure or warrant the security of any information you provide to us. To the fullest extent permitted by applicable law, we do not accept liability for unauthorized disclosure.

By using the Services or providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Services. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Services, by mail or by sending an e-mail to you.

THIRD PARTY WEBSITES/APPLICATIONS
The Services may contain links to other websites/applications, and other websites/applications may reference or link to our Services. These third-party services are not controlled by us. We encourage our users to read the privacy policies of each website and application with which they interact. We do not endorse, screen or approve and are not responsible for the privacy practices or content of such other websites or applications. Visiting these other websites or applications is at your own risk.

CHILDREN’S INFORMATION
The Services are not directed to children under 13 (or other age as required by local law), and we do not knowingly collect personal information from children. If you learn that your child has provided us with personal information without your consent, you may contact us as set forth below. If we learn that we have collected any child’s personal information in violation of applicable law, we will promptly take steps to delete such information.

SUPERVISORY AUTHORITY
If you are located in the European Economic Area or the United Kingdom, you have the right to lodge a complaint with a supervisory authority if you believe our processing of your personal information violates applicable law.

CHANGES TO OUR PRIVACY POLICY
We may revise this Privacy Policy from time to time in our sole discretion. If there are any material changes to this Privacy Policy, we will notify you as required by applicable law. You understand and agree that you will be deemed to have accepted the updated Privacy Policy if you continue to use the Services after the new Privacy Policy takes effect.

CONTACT US
If you have any questions about our privacy practices or this Privacy Policy, or if you wish to submit a request to exercise your rights as detailed in this policy, please contact us at:

Brain of the Store, Inc. d/b/a Pathr.ai
530 Showers Drive
Suite 7-202
Mountain View, CA 94040
info@pathr.ai