Privacy Policy

Percolata Corporation (“Percolata,” “we” or “us”) is committed to protecting your privacy. This Privacy Policy explains how information about you or associated with you (“personal information”) is collected, used and disclosed by Percolata and its affiliates. This Privacy Policy applies to our website and our retail scheduling management tools (collectively, “our Service”). By accessing or using our Service, you signify that you have read, understood and agree to our collection, storage, use and disclosure of your personal information as described in this Privacy Policy and Terms of Service.
“You” or “Your” means a user of the Service, which could refer to an individual, an employer, an employee associated with an employer account, or any other authorized user of the Service.

1. Information We Collect and Use

We collect personal information from our users in a variety of ways, including:

A. Information you provide

We may collect and store personal information you register for our Service or provide to us in some other manner. For example, when you register with the Service, we collect your name, email address, password, contact information and employment information. If you are an employer, we also collect information about your business, payment information and any information you provide about your employees, including your employees’ contact information and pay-scale. We may also collect any communications between you and Percolata, any information you provide if you take part in any interactive features of the Service, and any other information you provide to us.

B. Data collected through the use of the Service After you set up your account, we collect information about how you use the Service and about your actions on the Service, including your work schedule, your availability, your time records, your messages to others on the Service and comments you make on the Service forums or blog posts.

C. Information we receive from third parties From time to time, we may receive information about you from third parties, such as identity verification, payroll vendors and other information. We may also collect information about you that is publicly available.

We use this information to operate, maintain, and provide to you the features and functionality of the Service, as well as to communicate directly with you. We may compile analytics and share performance data on a de-identified or aggregate basis. We may send you email communications that contain information about our products or Service, or information about third parties’ products or services we think you may enjoy. We may also send you Service-related emails or messages (e.g., account verification, messages and schedules, change or updates to features of the Service, technical and security notices).

Our data collection in relation to our Products and Services is confined to information collected as a result of a business relationship with the customer and the number of individuals that enter and dwell within a customer’s retail store location. By using the Website or Percolata Products and Services, you consent to the collection and use of such information. Percolata does not collect or use any personal information such as name, e-mail address, or phone number when users visit www.percolata.com without consent or as expressly provided by the user. Our technology does not record or gather any administrative or financial data of customers or consumers. Our sensors do not record any point-of-sale data. Percolata uses a combination of Computer vision, Wi-Fi and Audio analysis to measure volume, speed, direction and flow of pedestrian traffic inside and outside the store. Computer vision looks at an individual as an object crossing a threshold to determine speed, direction and count. In enhanced features, we use facial detection which is different from facial recognition to determine engagement. Identity of individuals remains anonymous.

We analyze such data collected through our sensors and aggregate it into reports for our clients. The reports are used by our retail clients to improve store layouts, determine timing for promotions and sales, measure the effect of advertising, and set staffing levels and store hours. Their use of such data is solely governed by the retailer’s privacy policies and practices, and our customers may direct us to share data we collect with third-party service providers acting on their behalf. This may include vendors who provide services for customer relationship management (CRM), marketing program management, business intelligence and analytics, workforce management, and loss prevention.

You also represent to us that you have any and all authorizations necessary to use these Percolata Products and Services including any information collected pursuant to using Percolata Products and Services.

Percolata collects and uses the information you provide to us, including information obtained from your use of this Website or a Percolata Product. We may use or share such information where it is necessary for us to complete a transaction or do something as part of our contractual obligations. Also, we may use the information that we collect for our internal purposes to develop, tune, enhance, and improve our Products and Services, and for advertising and marketing consistent with this Privacy Policy.

By using Percolata products and services, you acknowledge, consent and agree that Percolata may collect, process, and use the data collected through our technology & any information that you provide to us and that such information shall only be used by Percolata or third parties acting under the direction of Percolata, pursuant to confidentiality agreements, to develop, tune, enhance, and improve Percolata services and products. Percolata will not use the contents of any communications provided to us through your use of Percolata Products for any purpose except as set forth in this Policy.

Percolata collects and uses information from you for the purpose of marketing, training our models, scheduling employees, and analyzing data.

2. Sharing Information

We may share your personal information in the instances described below. For further information on your choices regarding your information, see the “Your Choices Regarding Your Information” section below.

We may share your personal information with:

A. Other members of the Service

Your information will be shared other users of the Service, as needed to provide the Services to you. For example, some of your information may be shared with your employer and with other employees of the same employer in order to facilitate scheduling, timekeeping and communication. You may be able to control the visibility of some of your information and actions through your Settings (see “Your Choices Regarding Your Information” below). We also share information about your use of the Service with your employer for analytic purposes. For example, we provide reporting tools to allow an employer to evaluate the efficiency of its workforce, and its employees’ responsiveness and availability;

B. Within Percolata

Percolata may share Information within Percolata to fulfill its obligations to you and operate its business consistent with this Privacy Policy and applicable data protection laws. Percolata may also use your information to train and enhance its machine learning algorithms.

C. With third parties with your consent

From time to time, we may provide an opportunity to share your information with one of our third party partners or other individuals. We will ask for your consent before engaging in this type of sharing;

D. Third Party Service Providers

Third party vendors, consultants and other service providers that perform services on our behalf, in order to carry out their work for us, which may include identifying and serving targeted advertisements, hosting services, or providing analytics services;

E. Administrative Access

Other parties in connection with any company transaction, such as a merger, sale of all or a portion of company assets or shares, reorganization, financing, change of control or acquisition of all or a portion of our business by another company or third party or in the event of bankruptcy or related or similar proceedings; and

F. General

Third parties as required to (i) satisfy any applicable law, regulation, subpoena/court order, legal process or other governmental request, (ii) enforce our Terms of Use Agreement, including the investigation of potential violations thereof, (iii) investigate and defend ourselves against any third party claims or allegations, (iv) protect against harm to the rights, property or safety of Percolata, its users or the public as required or permitted by law and (v) detect, prevent or otherwise address criminal (including fraud or stalking), security or technical issues.

We may also share information with others in an aggregated and anonymous form that does not reasonably identify you directly as an individual.

3. ​Smart device Location Detection

Percolata collects MAC addresses from electronic devices within range of Percolata sensors. Every smart device equipped with Wi-Fi (including mobile phones, laptops, tablets, and e-readers) has a unique identifier known as a MAC address which contains information such as the phone’s manufacturer (Apple, Samsung, etc.), its signal strength, and, if the device is currently connected to a Wi-Fi network, the name of that network. No personal information is collected or used. Real-world identity is not collected or used by us.

4. Website or Percolata Product Usage

Percolata (or Percolata vendors and suppliers) may observe your activities, preferences, and transactional data (such as your IP address and browser type) as well as related usage behavior depending on whether you are using our Website or a particular Percolata Product. We may use this data for any purpose unless we tell you otherwise in connection with a particular Website or product. While we may collect or log this information, we do not identify you or match this non-Personal Information with your other Personal Information unless we believe doing so will help us better respond to a request you have made. Where such non-Personal Information is linked to your Personal Information we will treat such information as Personal Information.

5. E-Commerce

You may be asked to share Personal Information such as your name, address, telephone number, and email address when you make purchases, seek customer or technical support, or otherwise interact with Percolata. When you shop online or buy direct from Percolata, these purchase transactions may be conducted through Percolata or its vendors and suppliers. Vendors and suppliers engaged by Percolata on behalf of Percolata may have their use of your Personal Information limited by this Privacy Policy, contractual restrictions, and applicable law.

6. Enabling Services

Percolata may collect certain anonymous and personally identifiable information from you when you use our website. We only collect personally identifiable contact information from you when you explicitly provide it to us, such as a request to receive more information about our products. We also collect certain anonymous and aggregate information about visitors to our website to better improve our services. We may use third parties to collect this anonymous and aggregate information. We may share anonymous or aggregate information about our website visitors with third parties for advertising purposes, such as retargeting, or with other trusted parties that assist us in operating our website or conducting our business.

7. Your Choices Regarding Your Information

A. Profile and Data Sharing Settings
If you use the Service as an employee, certain elements of your information will be automatically shared with your employer, depending on how your employer has configured the company account and user permissions on the Service.

B. Communications
From time to time, the Service will send communications about news and updates, advice and analytics relating to your use of the Service. The Service also facilitates communication between users by email. Users can adjust communications preferences by contacting Percolata at infot@percolata.com.

When an employer invites an employee to register with the Service, we will send that employee a message using the contact information provided by the employer. The employer must certify that it has the employee’s consent for Percolata to contact the employee on the employer’s behalf using that method of communication.

C. Marketing Communications
From time to time, we may send promotional messages. If you do not wish to receive promotional emails, you can click the “unsubscribe” button on promotional email communications. Note that you are not permitted to unsubscribe or opt-out of non-promotional messages regarding your account, such as account verification, change or updates to features of the Service, or technical and security notices.

D. Data Retention
We will retain your information for as long as your account is active or as needed to for our internal purposes. You may request to delete your account information by contacting us at info@percolata.com. However, please be aware that we will not be able to delete any content you have shared with others on the Service. For example, your employer will have a record of your schedule when you were employed, and will retain the data the employer provided to us about you.

E. Deleting or Anonymizing Your Content
If you are under 18 years of age, you may request to delete or anonymize user content that you posted to the Service by contacting us at info@percolata.com. We may also maintain your information in identifiable form for our internal use, even if your personal data is no longer visible to the public on our Service.

8. Security and Storage of Information

Percolata cares about the security of your information and employs physical, administrative, and technological safeguards designed to to preserve the integrity and security of all information we collect and that we share with our service providers. However, no security system is impenetrable and we cannot guarantee the security of our systems 100%. In the event that any information under our control is compromised as a result of a breach of security, we will take reasonable steps to investigate the situation and where appropriate, notify those individuals whose information may have been compromised and take other steps, in accordance with any applicable laws and regulations. If you are an employee whose information is associated with a Company account on our Service, we will notify the employer or company user of a breach of security which requires legal notification, and your employer shall be responsible for informing you of the incident.

Your information collected through the Service may be stored and processed in the United States or any other country in which Percolata or its subsidiaries, affiliates or service providers maintain facilities. If you are located in the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction, and you consent to the transfer of information to the U.S. or any other country in which Company or its parent, subsidiaries, affiliates or service providers maintain facilities and the use and disclosure of information about you as described in this Privacy Policy.

9. Persons Under the Age of 13

The Service and its content are not directed at children under the age of 13. In the event that we learn that we have collected personal information from a child under age 13 without parental consent, we will delete that information as quickly as possible. If you believe that we might have any information collected from a child under 13, please contact us at info@percolata.com.

10. Links to Third party Websites

The Services may contain links to and from third party websites of our business partners, advertisers, social media sites, and our users may post links to third party websites. 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 their policies. Please check the individual policies before you submit any information to those websites.

11. Public Areas

Any information disclosed in public areas of a Percolata Website or to the extent possible in a Percolata Product or other website (Facebook, YouTube, Twitter, etc.) will become public information. We cannot control the use of information disclosed in public forums, such as forums, bulletin boards, blogs, chat rooms, and networking functions of mobile-device applications. You should exercise caution when disclosing information in these public areas, and be careful how you disclose your Personal Information. Content posted in public areas of the Percolata Website or Percolata Products, including advice and opinions, represent the views of and is the responsibility of those who post the content. Percolata does not necessarily endorse, support, verify, or agree with the content posted.

12. Mergers, Acquisitions, and Insolvency​

If Percolata should ever file for bankruptcy or merge with another company, or if Percolata should decide to buy, sell, or reorganize some part or all of its business, any information collected will be sold or transferred as part of these transactions.

13. Disclosures

Percolata may be required to disclose your Information if it: (i) believes it is reasonably necessary to comply with legal process (such as a court order, subpoena, search warrant, etc.) or other legal requirements of any governmental authority, (ii) would potentially mitigate our liability in an actual or potential lawsuit, (iii) is otherwise necessary to protect our rights or property, or (iv) is necessary to protect the legal rights or property of others. If Percolata learns of a security system's breach, we may attempt to notify you electronically so that you can take appropriate protective steps. By using this Website or a Percolata Product or providing Personal Information to us, you agree that we can communicate with you electronically regarding security, privacy, and administrative issues relating to your use of this Website or Percolata Product. Percolata may post a notice on this Website if a security breach occurs. If this happens, you will need a web browser or mobile device enabling you to view the Percolata Website. Percolata may also send an email to you at the email address you have provided to us in these circumstances or communicate with you by other means if we can. Depending on where you live, you may have a legal right to receive notice of a security breach in writing.

14. Transfer of Information

Because Percolata operates globally, we may transfer your Information within our global operations to fulfill our obligations to you, but always subject to the limitations of applicable data protection laws and this Privacy Policy.

15. Marketing Communications

When you provide Percolata with Personal Information, we may communicate with you using the information you have given us to provide you with information we think may be of interest to you.

16. Enforcement

If Percolata receives formal written complaints, it is Percolata's policy to contact the complaining user regarding his or her concerns. We will cooperate with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of personal data that cannot be resolved between Percolata and the complainant.

17. Opt out ​procedure

You can opt out of having Percolata collect data from your device by clicking here www.percolata.com/terms#privacy and completing the MAC address opt out form at the bottom of the page. If you provide us with your MAC address to opt out of our services, we will retain that MAC address indefinitely in order to continue to effectuate your opt-out.

18. Updates to this Policy

We reserve the right to modify this Policy from time to time. If we make any changes to this Policy, we will change the "Last Revision" date below and will post the updated Policy on this page. If you object to any changes, you may close your account. Continuing to use our Services after we publish changes to this Privacy Policy means that you are consenting to the changes.

19. Contacting Percolata

Percolata welcomes your questions or comments regarding the Terms:
Percolata
3630 El Camino Real
Palo Alto, CA 94306
info@percolata.com



This Agreement was last modified on July 10, 2017

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