PRIVACY POLICY

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Last Updated: September 16, 2019

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Awake.AI Ltd (the “Company”) is committed to maintaining robust privacy protections for its users. Our Privacy Policy (“Privacy Policy”) is designed to help you understand how we collect, use and safeguard the information you provide to us and to assist you in making informed decisions when using our Service.

 

For purposes of this Privacy Policy,

 

“Site” refers to the Company’s website, which can be accessed at www.awake.ai, portapp.awake.ai or through our mobile application.

 

“Service” refers to the Company’s services accessed via the Site, in which users can browse through web site contents and access Awake.AI platform applications.

 

The terms “we,” “us,” and “our” refer to the Company.

“You” refers to you, as a user of our Site or our Service.

 

This Privacy Policy applies to your use of the Services and you should read this document before using the Services. If You do not agree to the terms of this Privacy Policy, you may not use the Services.

 

 

I. PURPOSE AND THE LEGAL BASIS OF THE PROCESSING OF PERSONAL INFORMATION

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We process Personal Information for the following purpose(s):

 

●           to allow us to run, maintain and develop our business and quality of Services,

●           to allow us to offer, provide and perform our Services,

●           to allow us to conduct information and promotional campaigns (including direct marketing) related to our Services (including by phone, mail and email),

●           to allow customer service management, e.g. when users contact our service desk,

●           to allow contract management, e.g. to address our invoices to our customers,

●           to enhance our Services and the use thereof,

●           to perform research and analysis relating to our Services,

●           to perform tracking of the use of our Services,

●           to conduct market surveys,

●           to detect fraud, e.g. breaches of intellectual property rights.

●           to fulfil legal obligations under applicable laws and regulations and/or

●           to allow risk management, ensuring safety and preventing abuse.

Should Personal Information of the user be provided to us via our prospect, customer, supplier or partner, we shall assume that our prospect, customer, supplier or partner has informed you of this Privacy Policy.

 

We process Personal Information to fulfill the obligations under the agreement for Services, and to pursue our legitimate interest to run, maintain and develop the Company’s business. Furthermore, the Company processes Personal Information to comply with the Company’s legal obligations (e.g. accounting, reporting and compliance with the KYC requirements).

 

In some parts of our Services, the Company might request users’ consent for the processing of their Personal Information for specific purposes. In that event, users may withdraw their consent at any time.

 

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II. INFORMATION WE COLLECT

 

We collect “Non-Personal Information” and “Personal Information.” We will only collect Personal Information that is relevant for the purposes described in this Privacy Policy.

 

Non-Personal Information includes information that cannot be used to personally identify you, such as anonymous usage data, general demographic information we may collect, browser type and language, location based on anonymized Internet Protocol (“IP”) address, advertising ID, access times, referring/exit pages and URLs, platform types, preferences you submit and preferences that are generated based on the data you submit and number of clicks.

 

“Personal Information” refers to information, which allows a User to be specifically identified as an individual person. To become a subscriber to the Service you will need to create a personal profile. You can create a profile by registering with the Service and entering your email address and phone number and creating a username and a password. By registering, you are authorizing us to collect, store and use your email address in accordance with this Privacy Policy. Alternatively, you are authorizing us to collect, store and use your email address in accordance with this Privacy Policy in case you have signed a Software Agreement with us.

 

1. Personal Information collected

 

Personal Information includes;

●           Contact information (first name, last name, email, phone, address)

●           Role in organization

●           User profile picture

●           Organization name

●           Organization role in port call ecosystem

 

The above information is collected either during the registration process at the Site or during submission of further personal profile details while using our Service.

 

2. Information collected via Technology

 

In order to improve the Services Company may use tools from third party service providers to collect and use non-personal information. These services collect and store non-personal information such as access and usage times and the type of operating system used in the devices used to access the Services.

 

As an element of the Services, Company also uses other third-party data analytics and advertisement service providers which help Company analyze and improve the Services. The data collected by these service providers enables the Company to understand usage of the Services and target You with advertising which may interest you. This information may consist of persistent identifiers, such as unique device identifiers or unique advertising identifiers and other non-personal information. Usage information and Personal Information stored by such service providers may be subject to their own privacy policies. You may opt out of data analytics and targeted advertising through your device’s settings.

 

Information collected by related advertising networks shall be used in accordance with this Privacy Policy and the privacy policy of the third-party providing applicable technology. If you want to be sure that no targeted advertisements will be displayed to you, please do not use or access the Services. In addition, please note that if you “opt out” of targeted advertising, you will still receive advertising that is not personalized to you.

 

In an effort to improve the quality of the Service, we track information provided to us by your browser or by our software application when you view or use the Service, such as the website you came from (known as the “referring URL”), the type of browser you use, the device from which you connected to the Service, the time and date of access, and other information that does not personally identify you. We track this information using cookies. Please refer to the Company’s Cookie Policy which explains how we collect, use, and disclose information that pertains to your privacy.

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3. Children’s policy

 

The Site and the Service are not directed to anyone under the age of 13. The Site does not knowingly collect or solicit information from anyone under the age of 13 or allow anyone under the age of 13 to sign up for the Service. In the event that we learn that we have gathered personal information from anyone under the age of 13 without the consent of a parent or guardian, we will delete that information as soon as possible. If you believe we have collected such information, please contact us at info@awake.ai.

 

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III. HOW WE USE AND SHARE INFORMATION

 

Personal Information:

 

We do share Personal Information with vendors who are performing services for the Company, such as the servers for our email communications who are provided access to the user's email address for purposes of sending emails from us. Those vendors use your Personal Information only at our direction and in accordance with our Privacy Policy.

 

In general, the Personal Information you provide to us is used to help us communicate with you. Personal Information may be processed for the purposes of creating accounts, using, maintaining, customizing and developing the Services, to contact users in response to questions, solicit feedback from users, provide technical support, user verification and inform users about promotional offers.

 

In case the data is transferred outside the EU/EEA, the Company ensures an adequate level of protection of Personal Information through implementing applicable safeguards to ensure a high level of data protection in such transfers, e.g. by agreeing to use the European Commission’s Standard Contractual Clauses.

 

We may share Personal Information with outside parties if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to meet any applicable legal process or enforceable governmental request; to enforce applicable Terms of Service, including investigation of potential violations; address fraud, security or technical concerns; or to protect against harm to the rights, property, or safety of our users or the public as required or permitted by law.

 

Company protects the privacy of data subjects and complies with the General Data Protection Regulation (EU) 2016/679 (GDPR), as well as other applicable data protection legislation and the best practices for data processing in all its processing of personal data. All personnel processing Personal Information are obliged to keep such information strictly confidential.

 

Non-Personal Information:

 

In general, we use Non-Personal Information to help us improve the Service and customize the user experience. We also aggregate Non-Personal Information in order to track trends and analyze use patterns on the Site. This Privacy Policy does not limit in any way our use or disclosure of Non-Personal Information and we reserve the right to use and disclose such Non-Personal Information to our partners, advertisers and other third parties at our discretion.

 

In the event we undergo a business transaction such as a merger, acquisition by another company, or sale of all or a portion of our assets, your Personal Information may be among the assets transferred. You acknowledge that such transfers may occur and are permitted by this Privacy Policy, and that any acquirer of our assets may continue to process your Personal Information as set forth in this Privacy Policy. If our information practices change at any time in the future, we will post the policy changes to the Site so that you may opt out of the new information practices. We suggest that you check the Site periodically if you are concerned about how your information is used.

 

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IV. HOW WE PROTECT INFORMATION

 

We implement security measures designed to protect your information from unauthorized access. Your account is protected by your account password and we urge you to take steps to keep your personal information safe by not disclosing your password and by logging out of your account after each use. We further protect your information from potential security breaches by implementing certain technological security measures including encryption, firewalls and transport layer security technology. However, these measures do not guarantee that your information will not be accessed, disclosed, altered or destroyed by breach of such firewalls and secure server software. Company will post a notice on the Company website or through the Services in case material security breach that endangers your privacy or Personal Information. Company may also temporarily shut down a service to protect Personal Information. By using our Service, you acknowledge that you understand and agree to assume these risks.

 

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V. HOW LONG DATA IS KEPT

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Personal Information collected in connection with our Services shall be retained as long as needed for the purposes defined in this Privacy Policy, unless such data is replaced through regular updates or otherwise. As regards Personal Information related to our relationship with you, we retain your Personal Information for at least five (5) years from end of the respective customer relationship or your latest contact with us. We retain the Personal Information for five (5) years in order to have adequate knowledge of our relationship with you and to enable the continuity of our customer service. Personal Information may be, in whole or partly, retained for a longer or shorter period if required by applicable law (such as customer data for accounting, tax law and product liability related obligations) or if there is some other justified reason for us to retain or delete the Personal Information. In such a case, once the reason to retain the Personal Information ceases to exist, the Data Subject’s Personal Information shall be erased without delay.

 

We evaluate the necessity and accuracy of the Personal Information on a regular basis and endeavor to ensure that the incorrect and unnecessary Personal Information are corrected or deleted.

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VI. YOUR RIGHTS REGARDING THE USE OF YOUR PERSONAL INFORMATION

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You are entitled to review any information collected on you and stored in the register. When you wish to use the above right to review stored information, you should send a signed request thereof to Company using the contact details below. We will, at our own initiative or upon your request, complement, correct or delete incomplete, inaccurate or outdated Personal Information.

 

You have the right at any time to prevent us from contacting you for marketing purposes. When we send a promotional communication to a user, the user can opt out of further promotional communications by following the unsubscribe instructions provided in each promotional email. You can also indicate that you do not wish to receive marketing communications from us by sending e-mail to info@awake.ai with a request to unsubscribe from our marketing communications. Please note that notwithstanding the promotional preferences you indicate by either unsubscribing or opting out from our marketing communications, we may continue to send you administrative emails including, for example, periodic updates to our Privacy Policy.

 

Right to erasure

 

You have the right to ask us to delete your Personal Information that we process. We will comply with such a request unless we have a legitimate ground to not delete the data. After the data has been deleted, we may not immediately be able to delete all residual copies from our active servers and backup systems. Such copies shall be deleted as soon as reasonably possible.

 

Right to data portability 

 

You have the right to receive Personal Information provided by you to us, in a structured, commonly used format. You have the right to transmit the data to another controller. You can also have the Personal Information transmitted directly to another controller, if technically feasible.

 

Objecting to direct marketing and withdrawal of consent

 

You can deny any direct marketing and withdraw your consent regarding electronic direct marketing. You can always withdraw any other consent including parental consent.

 

How to use the rights 

 

By filling the Personal Information request form found on our website or by sending a letter or e-mail to us on the addresses set out below, including the following information: name, phone number, email address, user id and details of the products and services you have used. We may request additional information necessary to confirm your identity. We may reject requests that are unreasonably repetitive, excessive or manifestly unfounded.

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VII. LINKS TO OTHER WEBSITES

 

As part of the Service, we may provide links to or compatibility with other websites or applications. However, we are not responsible for the privacy practices employed by those websites or the information or content they contain. This Privacy Policy applies solely to information collected by us through the Site and the Service. Therefore, this Privacy Policy does not apply to your use of a third-party website accessed by selecting a link on our Site or via our Service. To the extent that you access or use the Service through or on another website or application, then the privacy policy of that other website or application will apply to your access or use of that site or application. We encourage our users to read the privacy statements of other websites before proceeding to use them.

 

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VIII. CHANGES TO OUR PRIVACY POLICY

 

The Company reserves the right to change this policy and our Terms of Service at any time. We will notify you of significant changes to our Privacy Policy by sending a notice to the primary email address specified in your account or by placing a prominent notice on our site. Significant changes will go into effect 30 days following such notification. Non-material changes or clarifications will take effect immediately. You should periodically check the Site and this privacy page for updates.

 

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IX. RIGHT TO LODGE A COMPLAINT WITH THE SUPERVISORY AUTHORITY 

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In case you consider our processing activities of your Personal Information to be inconsistent with the General Data Protection Regulation (GDPR) (EU) 2016/679, you have the right to complain to the data protection supervisory authorities.

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X. CONTACT INFORMATION OF DATA COLLECTOR

 

Awake is the data controller of the Personal Information for the purposes described above.

The contact details of our offices are:

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Awake.AI Oy

DataCity

Lemminkäisenkatu 14-18C

20520 Turku, Finland

 

If you have any questions regarding Awake.AI’s processing of Personal Information, please contact us at info@awake.ai.