Privacy and Security Policy

Last updated: May 9, 2016

Messagera Inc. ("us", "we", or "our") operates the https://www.presence.ai website and the Presence.ai mobile application (our "Site/Apps") that allows access and use of our intelligent messaging solution and related services (collectively, the "Service"). This document sets out of privacy and security policy (the "Policy") and, among other things, informs you of our policies regarding the collection, use and disclosure of Personal Information when you access any of our Site/Apps or in any manner use our Service.

We will not use or share your information with anyone except as described in this Policy.

We use your Personal Information for providing and improving the Service. By using the Service, you agree to the collection and use of information in accordance with this Policy.

Overview of this Policy

We understand that privacy and data security is important to you and your organization (individually and collectively referred to herein as "you" or "your") and we are committed to respecting your privacy when you use or otherwise access our Services.

The following information in this Policy is designed to help you better understand what information we gather from you and through your access of any Site/Apps use of any of our Services, how we use and disclose this information, who we might share this information with, and to describe generally what security steps we take.

By accessing any of our Site/Apps, downloading any of our Site/Apps or otherwise installing any of our software, and/or by using our Services in any manner, you are accepting the practices described in this Policy and expressly consent to our collection, use and disclosure of all information transmitted or otherwise received by us (including all Personal Information) in the manner described in this Policy.

This Policy is incorporated into and subject to the terms of any terms of use or terms of services agreement (or any other agreement entered into) between us and you and/or your organization (either via click-through acceptance or otherwise) (collectively, the "Use Agreements").

Information Collection And Use

While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to, your email address, name, phone number, postal address, passwords, IP address, and any other information that can in any manner identify you, individually ("Personal Information"). Your information, including your Personal Information, and any other information you input via use of our Services may be collected through your direct interactions with our Site/Apps, use of any of our Services via text messaging, email or written correspondence, telephone calls, or web based forms or from third party providers.

We collect this information for the purpose of providing the Service, identifying and communicating with you, responding to your requests/inquiries, servicing your purchase orders and sending invoices and processing payments related thereto, improving our services, and ensuring compliance with applicable laws, inclusive of all intellectual property laws. We also use Personal Information, to the extent necessary, to enforce all applicable Use Agreements, monitor adherence to all applicable Use Agreements, and to attempt to prevent and/or detect fraud, as well as to allow third parties to carry out technical, logistical or other functions on our behalf as long as those third parties have agreed to use the level of privacy protections commensurate with industry norms.

Log Data

We may also collect information that your browser sends whenever you visit our Service or when you access the Service by or through a mobile device ("Log Data").

This Log Data may include information such as your computer's Internet Protocol ("IP") address, browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages and other statistics.

When you access the Service by or through a mobile device, this Log Data may include information such as the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use and other statistics.

In addition, we may use third-party services, such as Google Analytics, Flurry Analytics, Mixpanel, Segment.com SalesMachine, that collect, monitor and analyze this type of information in order to increase our Service's functionality.

These third-parties may use cookies to help us analyze how our users are using the Service and they have their own Privacy Policies addressing how they use such information.

  • Google Analytics
  • Google Analytics service is provided by Google Inc.

    You can opt-out from Google Analytics service from using your information by installing the Google Analytics Opt-out Browser tool: https://tools.google.com/dlpage/gaoptout

    For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: http://www.google.com/policies/privacy

  • Flurry Analytics
  • Flurry Analytics service is provided by Yahoo! Inc.

    You can opt-out from Flurry Analytics service to prevent Flurry Analytics from using and sharing your information by visiting the Flurry's Opt-out page: https://dev.flurry.com/secure/optOut.do

    For more information on the privacy practices and policies of Yahoo!, please visit their Policy page: https://policies.yahoo.com/us/en/yahoo/privacy/index.htm

  • Mixpanel
  • Mixpanel is provided by Mixpanel Inc.

    You can prevent Mixpanel from using your information for analytics purposes by opting-out. To opt-out of Mixpanel service, please visit this page: https://mixpanel.com/optout

    For more information on what type of information Mixpanel collects, please visit the Terms of Use page of Mixpanel: https://mixpanel.com/terms

    Cookies

    Cookies are files with a small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a web site and transferred to your device. We use cookies to collect information in order to improve our services for you.

    You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. The Help feature on most browsers provide information on how to accept cookies, disable cookies or to notify you when receiving a new cookie.

    If you do not accept cookies, you may not be able to use some features of our Service and we recommend that you leave them turned on.

    Do Not Track Disclosure

    We do not support Do Not Track ("DNT"). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked. You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.

    Service Providers

    We may employ third-party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Service-related services and/or to assist us in analyzing how our Service is used.

    These third parties have access to your Personal Information only to perform specific tasks on our behalf and are obligated not to disclose or use your information for any other purpose.

    Communications

    We may use your Personal Information to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

    Hosted Data

    Through the Service, we provide technology hosting services used to host a variety of internet-based solutions, including internet-based and SMS-based communications and applications (including "mobile apps") as well as other information you input via use of the Services. As a result, our hosting services store and transmit information about our customers, their business, their customers, as well as information collected or inputted by those businesses and customers to each other (the "Hosted Info"). Hosted Info may include Personal Information and other information that belongs to you and/or your employees or other service providers.

    With respect to all Hosted Info, the Company is a passive recipient and takes no active part in collecting or storing any Hosted Info. Moreover, except in extraordinary cases or to the extent necessary to render the Services to you or in order to improve the Services, the Company does not purposefully access any Hosted Info. For example, if you send a message to a business through use of our Services, our Service passively receives such information and normally only accesses or reviews such information to the extent necessary to provide the Services to you (and provide any related support of the Services) or to improve the Service (including, without limitation, via machine learning, neural networks, etc.) and you agree that such access is permissible for all purposes.

    Compliance With Laws

    We will disclose your Personal Information where required to do so by law or subpoena or if we believe that such action is necessary to comply with the law and the reasonable requests of law enforcement or to protect the security or integrity of our Service.

    Business Transaction

    If Messagera Inc. is involved in a merger, acquisition or asset sale, your Personal Information may be transferred as a business asset. In such cases, we will provide notice before your Personal Information is transferred and/or becomes subject to a different Policy.

    Security

    The security of your Personal Information is important to us, and we strive to implement and maintain reasonable, commercially acceptable security procedures and practices appropriate to the nature of the information we store, in order to protect it from unauthorized access, destruction, use, modification, or disclosure.

    Substantially all information we receive from you or via your use of any Services are copied, stored and managed through computer servers owned or controlled by us. While we attempt to employ security techniques commensurate with industry norms to protect your Personal Information and other Hosted Info from unauthorized access by users inside and outside the organization, you should be aware that "perfect security" does not exist on the internet or any other method of electronic transmission or storage; third parties may unlawfully or improperly intercept or access transmissions, personal information, or private communications. As such, we cannot make any assurances or guarantee in any manner that a security breach will not occur that may expose your personally identifiable information to others.

    For example, the our servers are not located at our principal place of business but rather are managed and located at a third-party Infrastructure-as-a-Service provider (an "IAAS"). We have taken commercially reasonable steps to choose a professional IAAS provider but we cannot guarantee the performance of the IAAS provider, its security measures, or the actions or inactions it takes in the future. By using our Services, you understand and agree that we have no liability for the action, behaviors or failings of our IAAS provider.

    We endeavor to only require the collection of as much Personal Information as required to provide customers with our Service and meet our legal obligations. In addition, we will use commercially reasonable efforts to attempt to store Personal Information in a secure location. We do not represent that any Personal Information provided to us will be encrypted in any manner.

    Your user account related to the Service is protected by a password for your privacy and security. You need to ensure that there is no unauthorized access to your account, your Personal Information and/or your Hosted Info by selecting (if you so choose) and protecting your password appropriately and limiting access to your computer (or other device) and browser by signing off after you have finished accessing your account. Additionally, we may use third party sign in providers to authenticate users of our Services, such as Google Signin and OneLogin (the "3rd Party Authenticators"). You understand that your information (including Personal Information) may be made available to and stored by such 3rd Party Authenticators and by using our Services, you understand and agree that we have no liability for the action, behaviors or failings of our 3rd Party Authenticators.

    International Transfer

    Your information, including Personal Information, may be transferred to — and maintained on — computers located outside of your state, province, country or other

    governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.

    If you are located outside United States and choose to provide information to us, please note that we transfer the information, including Personal Information, to United States and process it there.

    Your consent to this Policy followed by your submission of such information represents your agreement to that transfer.

    Links To Other Sites

    Our Service may contain links to other sites that are not operated by us. If you click on a third-party link, you will be directed to that third-party's site. We strongly advise you to review the Policy of every site you visit.

    We have no control over, and assume no responsibility for the content, privacy policies or practices of any third-party sites or services.

    Children's Privacy

    Only persons age 18 or older have permission to access our Service. Our Service does not address anyone under the age of 13 ("Children").

    We do not knowingly collect personally identifiable information from children under 13. If you are a parent or guardian and you learn that your Children have provided us with Personal Information, please contact us. If we become aware that we have collected Personal Information from a children under age 13 without verification of parental consent, we take steps to remove that information from our servers.

    Changes To This Policy

    This Policy is effective as of May 9, 2016 and will remain in effect except with respect to any changes in its provisions in the future, which will be in effect immediately after being posted on this page.

    We reserve the right to update or change our Policy at any time and you should check this Policy periodically. Your continued use of the Service after we post any modifications to the Policy on this page will constitute your acknowledgment of the modifications and your consent to abide and be bound by the modified Policy.

    If we make any material changes to this Policy, we will notify you either through the email address you have provided us, or by placing a prominent notice on our website.

    Opt Out Policy and Your California Privacy Rights.

    Users can prevent future disclosures for direct marketing purposes of his or her Personal Information, at no charge, by exercising his or her "opt out" rights by using the "opt out" procedures described below:

    Send an email to: privacy@presence.ai, or

    Send mail to the following postal address:

    Messagera, Inc. (aka Presence.ai)
    Attn: Privacy Policy Agent
    121 2nd st - Ste #500
    San Francisco, CA, 94105

    Additionally, upon receipt of any electronic communication from US, to unsubscribe from future communications, you can click on the link that says words substantially to the effect of "If you do not wish to receive these emails in the future, You can click here to unsubscribe."

    Because we provide our California users with the ability to exercise his or her "opt out" rights as described above, pursuant to Section 1798.83(c)(2) of the California Civil Code, we are in compliance with the California "Shine the Light" law and are not obligated to provide California users with the names and addresses of all the third parties that received personal information from the Company for the third parties' direct marketing purposes during the preceding calendar year.

    Contact Us

    If you have any questions about this Policy, please contact us.