Privacy

Updated as of December 2021

1. About Mindboard Holdings LLC d/b/a masala.ai

Mindboard Holdings, LLC (“Mindboard”) dba ‘masala.ai’ is a Virginia based LLC.

2. About this Privacy Policy

Mindboard and our affiliates ("we", "us", or "our") are committed to protecting and respecting your personal information and privacy. This policy (together with our website terms of use and any other documents referred to in this policy) gives details of what information we may collect from you or that you may provide to us, and how we may store and use this information. Such information may be collected or provided when you communicate with us or use our mobile apps, websites or any of our products. Please read the following carefully to understand how we collect and use your information. If you have any questions about this policy or our use of your information, you can contact us at privacy@mindboard.com. 

We may modify this privacy policy at any time, but if we do so, we will notify you by publishing the changes on this website. If we determine the changes are material, we will provide you with additional, prominent notice as is appropriate under the circumstances, such as via email. For any changes to this privacy policy for which you are required to provide prior consent, we will provide you with reasonable notice of such changes before they become effective and provide you with the opportunity to consent to those changes. If you do not cancel your subscription and continue to use our services beyond the advance-notice period, you will be considered as having expressly consented to the changes in our privacy policy. If you disagree with the terms of this privacy policy or any updated privacy policy, you may close your account at any time.

3. Where We Store Your Information

We are a global organization and so the information that we collect from you may be transferred to, and stored at, a destination other than the country in which the information was collected (information is frequently transferred to the United States because that is where we are headquartered).

Your information may also be processed by our staff at any of our locations around the world or by the staff of our suppliers at any of their locations around the world. Such staff may be engaged in, among other things, the fulfillment of your order, the processing of your payment details and the provision of support services.

Information you provide to us may be stored on our servers or those of our third-party service providers. Where we have given you (or where you have chosen) a password that enables you to access certain parts of our website, you are responsible for keeping this password confidential. You should not share your password with anyone.

4. Mindboard Products

Some of our products may be used by our customers to collect information that is or could be personal information. We may have no direct relationship with the individuals whose personal information we process on behalf of our customers. An individual who seeks access, or who seeks to correct, amend or delete inaccurate data controlled by one of our customers should direct its query to our customer (the data controller). We use and disclose such information as specified in the agreement(s) between our customer and us and/or as required by law.

5. Information We May Collect From You

a)      Information you give to us: You may provide us with certain categories of personal information, which is information that could reasonably be used to identify you personally, including but not limited to, your name, email address and company information. We may collect this information through forms that you complete on our mobile apps and websites, by subscribing to our services (such as newsletters or white papers), using community forums on our website, attending training sessions, following us on social media, by attending our events or by corresponding with us by phone, email, social media or otherwise. This includes information you provide when you purchase products from us, contact our support helpdesk, participate in forums or other social media functions on our website, enter a promotion or survey and when you report a problem with our website.

API Subscription Information: When you register for an account, we collect your username and email address.

b)      Information when you use our mobile apps: When you use our mobile apps we may automatically collect the following information:

        i.           Device information: We may collect information about the device including, where available, the device's unique device identifiers, operating system, browser type and, if a mobile device, mobile network information as well as the device's telephone number;

       ii.           Location information: If you use any location-enabled services that we may offer, we may collect and process information about your actual location. Some of these services may require your personal data for the feature to work. If you wish to use the particular feature, you will be asked to consent to your information being used for this purpose; and

     iii.           Unique application numbers: when you install or uninstall an app containing a unique application number or when such a service searches for automatic updates, that number and information about your installation, for example, the type of operating system, may be sent to us.

c)       Information from visits to our websites: Each time you visit our website we may automatically collect the following information:

           i.        Technical information, including the Internet protocol (“IP”) address used to connect your computer to the Internet (which may allow us to identify your geographic location), your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform; and (ii) Information about your visit, including the full Uniform Resource Locators (“URL”) clickstream to, through and from our website (including date and time); page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call our customer service number.

d)      Information from your use of our products: If you use our software, we may automatically collect metrics on your activities, such as details of when you are using the software, web pages visited, length of visit, interactions with the user interface, , which features of our products you use and how often, how many agents have been installed and the application types being monitored and other information about your technology environment and devices used (including unique device identifiers, operating system, browser type and mobile network information). If you configure or use our products in a manner that collects information about your customers, then we will also receive that information.

Our products also collect metrics that relate to the performance, health and resource of servers, databases applications and other technology, as well as their components (transactions, code libraries) and the related infrastructure (nodes, tiers) that service those components.

e)      Information we receive from other sources: We work closely with third parties (for example, business partners, resellers, sub-contractors in technical, payment and delivery services, analytics providers, and search information providers) and may receive information about you from them to enable us to customize your experience on our websites with personalized content. In addition, if you use our social login features (allowing you to log-in to your account using a third-party platform such as Slack), such third-party platform will provide us with access to certain information that you have provided to it, and we will use, store and disclose such information in accordance with this policy. However, please remember that the manner in which such third-party platforms use, store and disclose your information is governed by the policies of such third parties, and we will have no liability or responsibility for the privacy practices or other actions of any such platforms.

6. Cookies & Online Tracking

Our websites use cookies to distinguish you from other users of our websites. This helps us to provide you with a smooth and personalized user experience when you use our websites and also allows us to improve our websites.

We currently do not process or comply with any web browser’s “do not track” signal or other similar mechanism that indicates a request to disable online tracking of individual users who visit our websites or use our services (unless otherwise stated in a service-specific privacy statement).

7. How We Use Your Information

We treat your data as information that is private to you, but we use your data for our own purposes in the limited circumstances described herein or if we have your express consent. We do not sell your data to third parties. Generally, we use the information we collect from you in connection with providing our services to you. Specific ways we use this information include the following:

a)      Customer support This includes providing you with customer support, which requires us to access your information to assist you (such as with hotel management information or technical troubleshooting.

b)      Monitor and improve our services and features We internally perform statistical and other analysis on information we collect (including usage data, device data, referral data, and information from page tags) to analyze and measure user behavior and trends, to understand how people use our services, and to monitor, troubleshoot and improve our services. We also use information to assist the enforcement of our Terms of Use, prevent potentially illegal activities and screen for undesirable or abusive activity

c)       Create new services, features or content (public data and metadata only) We may use information to create and provide new services, features or content. When we do this, the individual users will not be identified or identifiable unless we have obtained their permission.

d)      Contact you about your service or account We occasionally send you communications of a transactional nature (e.g. service-related announcements, billing-related matters, changes to our services or policies, a welcome email when you first register). You can’t opt out of these communications since they are required to provide our services to you.

e)      To respond to legal requests and prevent harm If we receive a subpoena or other legal request, we may need to inspect the data we hold to determine how to respond.

Other general use of the information held about you to:

f)       carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, products and services that you request from us;

g)      provide you with information about other products and services we offer;

h)      respond to your requests and questions;

i)        notify you about changes to our company, products or services, and changes to our terms and conditions; and

j)        ensure that relevant content from our websites is presented in the most effective manner for you and for your device

k)      administer our website and products, and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;

l)        improve our website and products and to ensure that content is presented in the most effective manner for you and your device;

m)    allow you to participate in interactive features of our website, products and services when you choose to do so;

n)      help keep our website, products and services safe and secure;

o)      make suggestions and recommendations to you and other users of our website about products or services that may interest you or them;

p)      notify you about changes to our company or services; and

8. Marketing to you

We may use information held about you to provide you, or permit selected third parties to provide you, with information about products or services we feel may interest you. This may be by contacting you by phone or by email.

If you do not want us to use your information in this way, or to pass your details on to third parties for marketing purposes, you can unsubscribe from such emails using the link provided in emails, tell your Mindboard contact, email us at privacy@mindboard.com or check the relevant box on the form in which we are collecting your information.

Note that you may still receive administrative emails (for example, regarding updates to our terms) or transactional emails (for example, related to a purchase you make) from us.

9. Aggregated Information

In an ongoing effort to better understand and serve the users of our websites and products, we often conduct research on customer demographics, interests and behavior based on the personal information and other data provided to us. This research may be compiled and analyzed on an aggregate basis, and we may share this aggregated data with our affiliates, agents and business partners. This aggregated information does not identify you personally. We may also disclose aggregated user statistics in order to describe our products to current and prospective business partners, and to other third parties for other lawful purposes.

10. Disclosure of Your Information

Most commonly, we share your information with our service providers who help us to provide our services to you. We contractually bind these service providers to keep your information confidential and to use it only for the purpose of providing their services to us. For example, we use payment processors who help us to process credit card transactions. By using our services, you authorize Mindboard Holdings, LLC to sub-contract in this manner on your behalf. Rare circumstances include when we need to share information if required by law, or in a corporate restructuring or acquisition context (see below for more details). Ways we may share your information include the following:

a)      Your account details to your billing contact If your details (as the account holder) are different to the billing contact listed for your account, we may disclose your identity and account details to the billing contact upon their request (we also will usually attempt to notify you of such requests). By using our services and agreeing to this privacy policy, you consent to this disclosure.

b)      Aggregated information to third parties to improve or promote our services No individuals can be identified or linked to any part of the information we share with third parties to improve or promote our services.

c)       Your information if required or permitted by law We may disclose your information as required or permitted by law, or when we believe that disclosure is necessary to protect our rights, and/or to comply with a judicial proceeding, court order, subpoena, or other legal process served on us.

d)      Your information if there’s a change in business ownership or structure If ownership of all or substantially all of our business changes, or we undertake a corporate reorganization (including a merger or consolidation) or any other action or transfer between Mindboard Holdings, LLC entities, you expressly consent to Mindboard Holdings, LLC transferring your information to the new owner or successor entity so that we can continue providing our services. If required, Mindboard Holdings, LLC will notify the applicable data protection agency in each jurisdiction of such a transfer in accordance with the notification procedures under applicable data protection laws.

e)      Information you expressly consent to be shared For example, we may expressly request your permission to provide your contact details to third parties for various purposes, including to allow those third parties to contact you for marketing purposes. (You may later revoke your permission, but if you wish to stop receiving communications from a third party to which we provided your information with your permission, you will need to contact that third party directly.)

11. Security

We take commercially reasonable steps to protect the personal information we receive from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or email transmission is ever fully secure or error-free. In particular, email sent to or from us may not be secure. Therefore, you should take special care in deciding what information you send to us via email. Please keep this in mind when disclosing any personal information to us. We ask that you not send us, and you not disclose, any sensitive personal information to us directly or through our products (such as protected health information, passwords and authentication/authorization credentials for other services, credit card numbers or other financial information other than for the purpose of making payment to us, drivers license numbers, passport numbers, social security numbers or information related to racial or ethnic origin, political opinions, religion or other beliefs, health, criminal background or trade union membership).

12. Your Rights

Subject to applicable law, you can request to review, change, or delete your personal information by contacting us at privacy@mindboard.com. You can:

a)      Update your account details You can update your registration and other account information where applicable. Information is updated immediately.

b)      Delete your data Deleting data in the ways described on this page will not permanently delete data immediately. As long as you maintain an account with us, we retain your deleted data in case you delete something by accident and need to restore it (which you can request by contacting customer support). To the extent permitted by law, we will permanently delete your data if you request to cancel your account.

c)       Cancel your account To cancel and delete your account, please contact customer support. Deleting your account will cause all the data in the account to be permanently deleted, as permitted by law, and will disable your access to any other services that require an account. We will promptly fulfill requests to delete personal data unless the request is not technically feasible or such data is required to be retained by law (in which case we will block access to such data, if required by law).

d)      For how long do we retain your data? We generally retain your data for as long as you have an account with us, or to comply with our legal obligations, resolve disputes, or enforce our agreements. Data that is deleted from our servers may remain as residual copies on offsite backup media for up to approximately 12 months afterward.

e)      Export of the Subscriber data If you are a subscriber, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.

13. Withdrawing your consent to us using your information

You may withdraw any consent you previously provided to us for the processing of your personal information by contacting us at privacy@mindboard.com. As required by applicable law, we will apply your preferences going forward, within a reasonable amount of time. Even where you withdraw your consent, we may still process your personal data for limited purposes, for example, to give effect to your request or to safeguard our business. In some circumstances, withdrawing your consent to our use or disclosure of your personal information will mean that you cannot use some of our products or services.

14. Children

We do not knowingly collect personal information from children under the age of 13. If you are under the age of 13, please do not submit any personal information through our websites or products. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our policy by instructing their children never to provide personal information through our websites or products without their permission. If you have reason to believe that a child under the age of 13 has provided personal information to us through our websites or products, please contact us, and we will endeavor to delete that information from our databases.

Our API services are not intended for and may not be used by minors. We do not knowingly collect personal data from minors or allow them to register. If it comes to our attention that we have collected personal data from a minor, we may delete this information without notice.

15. Additional Information for European Union Users

Personal information

References to “personal information” in this Privacy Policy are equivalent to “personal data” governed by European data protection legislation. Mindboard is the processor of your personal information for purposes of European data protection legislation.

Purpose and Legal bases for processing

We process your personal data on several different legal bases, as follows:

a)      Based on necessity to enter into or perform a contract with you or a Mindboard customer - we need to process your personal data to enter into an agreement with you or a Mindboard customer, to perform contractual obligations including, without limitation, to respond to related questions and requests or provide customer support.

b)      Based on legitimate interests - we process personal data from you:

              i.     for the security and safety of the website, the products, our IT connected to the website and products, and the users of the website and the products;

             ii.     to detect and prevent fraud;

           iii.     to protect and defend the rights or property of others, or our own rights and interests;

           iv.     to track your activities on the website, provided you have not opted out of such data processing. Details about the web analytics and advertising solutions used on the website can be found immediately below.

             v.     to track your activities while using the products to improve and facilitate our provision of products.

c)       Based on compliance with legal obligations - we may need to process your personal data to comply with relevant laws, regulatory requirements and to respond to lawful requests, court orders, and legal process.

d)      Based on your prior consent - for placing cookies on your device (subject to certain exceptions) or sending marketing communications to you. Detailed information on our use of cookies and our marketing communications to you are set forth [in the privacy policy and cookie policy] and below.

We only use your personal information as permitted by law. We are required to inform you of the legal bases of our processing of your personal information, which are described above.

Use for new purposes

We may use your personal information for reasons not described in this Privacy Policy where permitted by law and the reason is compatible with the purpose for which we collected it. If we need to use your personal information for an unrelated purpose, we will notify you and explain the applicable legal basis.

Retention

We will only retain your personal information for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements.

We keep basic information about our customers for the duration of the agreement and for a reasonable time afterwards as might be required to determine and settle any related obligations and/or claims.

Your rights

European data protection laws give you certain rights regarding your personal information. You may ask us to take the following actions in relation to your personal information that we hold:

a)      Opt-out. Stop sending you direct marketing communications. You may continue to receive service-related and other non-marketing emails.

b)      Access. Provide you with information about our processing of your personal information and give you access to your personal information.

c)       Correct. Update or correct inaccuracies in your personal information.

d)      Delete. Delete your personal information.

e)      Transfer. Transfer a machine-readable copy of your personal information to you or a third party of your choice.

f)       Restrict. Restrict the processing of your personal information.

g)      Object. Object to our reliance on our legitimate interests as the basis of our processing of your personal information that impacts your rights.

Please be aware that not all the above options are available to you, depending on the legal basis on which we process your personal information. If the personal information that you are inquiring about is based on your use as a user of the products, then we will have to forward your inquiry to the Mindboard customer that controls the personal information within that product. You can submit these requests by email to privacy@mindboard.com. We may request specific information from you to help us confirm your identity and process your request. Applicable law may require or permit us to decline your request. If we decline your request, we will tell you why, subject to legal restrictions. If you would like to submit a complaint about our use of your personal information or response to your requests regarding your personal information, you may contact us as described above.

Cross-Border Data Transfer

Our headquarters, many of our data centers, and third-party service providers are located in the United States. We also have third-party service providers located outside of the European Economic Area (EEA).

Whenever we transfer your personal information outside the EEA to countries not deemed by the European Commission to provide an adequate level of personal information protection, we will enter into data processing and data transfer agreements that incorporate the Standard Contractual Clauses approved by the EU Commission and our information security teams.

16. Additional Privacy Rights

If you are a resident of California or any state with similar laws, you may be covered by the California Consumer Privacy Act (“CCPA”; California Civil Code sections 1798.100 et seq.) or the similar laws of other states and may have the following additional rights regarding our use of your Personal Information:

Access to Specific Information and Data Portability Rights 

You have the right to request that Mindboard disclose the following information about our data collection for the previous twelve (12) months: (a) the categories of Personal Information we have collected about you; (b) the specific pieces of Personal Information we have collected about you; (c) the categories of sources from which your Personal Information was collected; (d) the categories of third parties with whom we share your Personal Information; and (e) the business or commercial purpose for collecting or disclosing your Personal Information. You may make a request for this information no more than twice in a twelve (12) month period. Please see Exercising Access, Data Portability, and Deletion Rights for information about how we verify your request.  

Deletion Request Rights 

You have the right to request that Mindboard delete any of your Personal Information that we have collected from you and retained, subject to certain exceptions (“Deletion Request”). Please see Exercising Access, Data Portability, and Deletion Rights for information about to we verify your Deletion Request. Once we have verified your Deletion Request, we will delete (and direct our service providers to delete) the Personal Information identified in your Deletion Request, except for Personal Information that is exempted by statute or regulation.

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a request to us by:

• E-mailing your request with the information required below to: privacy@mindboard.com

Any request to exercise your rights under this Privacy Policy must contain sufficient information for us to verify your identity. We ask that you provide two data points of information that we will match to the information we know about you in order to verify your request for the general categories of Personal Information that we have collected about you or your request to delete any Personal Information that is not Directly from Customers (defined below). We will only disclose the specific pieces of information that we have collected about you or proceed to delete Personal Information that is Directly from Customers after matching at least three data points to the information we know about you and obtaining a signed declaration under penalty of perjury confirming the request, and only assuming that the information is no longer required for purposes of fulfilling our obligations with the customer.

If you choose to make a request by e-mail, please provide your full name and your e-mail address, home and/or business address, and the phone number we would have in our records so that we are able to verify that you are the person about whom we collected Personal Information. Your e-mail should also describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. Do not send your social security number, credit card number, passport number, or other identification card number when you submit your request. The Personal Information you provide with your request will only be used to verify your identity. You may use an authorized agent to submit requests under this policy on your behalf. However, we may request copies of written authorization to such agent and may also request that you independently verify the information contained in the request in order to confirm your identity.

We cannot respond to your request or provide you with Personal Information if we cannot verify your identity (and that of an authorized agent) and confirm the Personal Information relates to you. 

You may also make a request on behalf of your minor child. 

“Directly from Customers” is information provided to us or collected by us in connection with our contractual relationship with you or your organization for purposes of Mindboard providing product and/or services to you or your organization so that we can carry out or obligations and enforce our rights arising from any contracts entered into between us and you and your organization.

Response Timing and Format

We will confirm receipt of the request within ten (10) days of its receipt. We endeavor to respond to requests within forty-five (45) days of receipt. If we require more time (up to an additional forty-five (45) days), we will inform you of the reason and extension period in writing.

We will deliver our written response by mail or electronically, at your option.

Any disclosures we provide will only cover the 12-month period preceding receipt of the request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your Personal Information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

We cannot and will not discriminate against any person, including with respect to the quality or cost of our services, on the basis of any request with respect to your Personal Information.

You may have similar rights under California Civil Code Section 1798.83, relating to our disclosure of certain Personal Information to third parties, which are also covered by our compliance with the requirements of this section and our obligations under the CCPA.

17. Third Party Links

Our website may, from time to time, contain links to and from the websites of our partner networks. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these third parties. Please check these policies before you submit any information to these websites.

18. Public Forums

Our website offers publicly accessible blogs or community forums. You should be aware that any information you provide in these areas may be read, collected and used by others who access them. To request removal of your personal information from our blog or community forum, contact us at privacy@mindboard.com. 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.

19. Contact

Questions, comments and requests regarding this policy are welcomed and should be addressed to privacy@mindboard.com.