Privacy


We, at Jiminny, Inc. respect your privacy and are committed to transparent privacy practices. This “Privacy Policy”, together with our Cookie Policy describes how we collect, use and share personal information provided to us or otherwise collected by us, including in connection with your use of our Website app.jiminny.com, mobile applications, Desktop clients, and our services (collectively, the “Services”), and what choices you have with respect to the information.

We’ve updated this version of the Privacy Policy to reflect changes in data protection law. In addition, we have worked to make the Privacy Policy clearer and more understandable.

When we refer to “Jiminny”, we mean the Jiminny entity that acts as the controller or processor of your information, as explained in more detail in the “Personal Information We Collect” section below.

This Privacy Policy applies to (i) any person with a registered account on our Services (a “Customer”) and (ii) those who are present in a conversation with a Customer (as a “Guest”), for example by joining a conference or being dialed by a Customer of the Services. Collectively, we refer to these persons as a “User”.

Personal Information We Collect

Jiminny handles personal information when you use our Services. This includes profile data (e.g., name, phone number and email address) and content (e.g., the recordings of telephone conversations).

Data protection laws in certain jurisdictions, like the European Economic Area (EEA), differentiate between “controllers” and “processors” of personal information. A controller decides why and how to process personal information. A processor processes personal information on behalf of a controller based on the controller’s instructions.

When Jiminny handles personal information, we will act as a processor in most cases, including the collection and storage of content such as call recordings.

However, we will occasionally be acting as a controller when, for example, we may need to collect certain personal information for the legitimate interests of access control to our Services, and in the context of troubleshooting and detecting problems with the telecommunications platform.

Recordings

When you organise a meeting or initiate a conversation through Jiminny, you should ensure that if you plan to record the meeting or conversation, you tell everyone and obtain consent from all Users present in the call.

When you use Jiminny to join a meeting or conversation initiated by another User, you should make sure you are clear on whether the call is being recorded. If you do not want to be recorded, you can choose to leave the conversation, or request that recording is stopped.

Information you give us

As a User of the Services, you provide information to us. This includes:

  • profile information like your name, telephone numbers, email address, photo;
  • content you provide through the Services, for instance messages, notes, comments, audio and/or video conversations; and
  • your responses to questionnaires, surveys, or requests for feedback.

The call data and our analysis of any recorded audio and/or video may contain personal information.

As a Customer of the Services, you provide additional information to us directly or indirectly. This includes:

  • meeting details, like title, date, time, duration, and the attendee list together with their profile data from calendar invites;
  • profile data from Customer Relationship Management (CRM) systems; and
  • when you subscribe to a paid plan, your billing details including your address.

Information we collect about you

We log information about your access and use of our Services. This includes:

  • your communications with our Services;
  • your behavior through analytics events;
  • your Internet Protocol (IP) address;
  • your approximate geographic location;
  • the storage of Internet cookies;
  • the type of browser you are using;
  • the type of device you are using; and
  • the type of operating system you are using.

Sensitive personal information

We ask that you not send or disclose to us any sensitive personal information (e.g., social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background or union membership) on or through the Service or otherwise.

If you send or disclose any sensitive personal information to us (such as when you share your screen or place a telephone call using the Service), you must consent to our processing and use of such sensitive personal information in accordance with this Privacy Policy. If you do not consent to our processing and use of such sensitive personal information, you must not provide it.

How We Use Your Personal Information

To provide the service

If you are a User, we use your personal information:

  • to operate, maintain, administer and improve the Service;
  • to optimize your connection to the Service;
  • to manage and communicate with you regarding your Service account, if you have one, including by sending you Service announcements, technical notices, updates, security alerts, and support and administrative messages;
  • to process any payments you make through the Service;
  • to better understand your needs and interests, and personalize your experience with the Service; and
  • to respond to your Service-related requests, questions and feedback.

To communicate with you

If you request information from us, register for the Service or participate in our surveys, promotions or events, we may send you Jiminny-related marketing communications if permitted by law but will provide you with the ability to opt out.

To comply with law

We use your personal information as we believe necessary or appropriate to comply with applicable laws, lawful requests and legal process, such as to respond to subpoenas or requests from government authorities.

With your consent

We may use or share your personal information with your consent, such as when you consent to let us post your testimonials or endorsements on our Website, you instruct us to take a specific action with respect to your personal information or you opt into third party marketing communications.

To create anonymous data for analytics

We may create anonymous data from your personal information and other individuals whose personal information we collect. We make personal information into anonymous data by excluding information that makes the data personally identifiable to you, and use that anonymous data for our lawful business purposes.

For compliance, fraud prevention and safety

We use your personal information as we believe necessary or appropriate to (a) enforce the terms and conditions that govern the Service; (b) protect our rights, privacy, safety or property, and/or that of you or others; and (c) protect, investigate and deter against fraudulent, harmful, unauthorized, unethical or illegal activity.

How We Share Information We Collect

Jiminny is collaborative cloud product built for teams. This means sharing information with other Users through the Services, and with certain third parties.

We share information we collect about you in the ways discussed below, including in connection with possible business transfers, though we are not in the business of selling information about you to advertisers or other third parties.

Where we disclose your Personal Information to third parties for the purposes listed below, we will confirm that the third party’s privacy policies and procedures are in accordance with this Privacy Policy.

Sharing with other Users

If you join a conference or call with other Users, the information shared with those Users includes:

  • profile information like your name, email address, and photo; and
  • content you add to the Services, for example audio and/or video conversations, notes, and comments; and
  • your approximate location based on your IP address or telephone number if dialed in.

We provide our Customers with access to their recorded conversations for a limited period of time and they may share the access to the recordings internally and with relevant third parties.

Sharing with third parties

As part of providing our Services, we use third party services to store and process your Personal Information. This includes third parties that may store data outside of the United States.

We share your data with third party services in the following ways:

  • Amazon Web Services for hosting, storage and distribution of media, and transactional email communication;
  • Twilio for telephony, webcam and screen share services;
  • Intercom for realtime support, service communications, and knowledge base;
  • New Relic for page-speed monitoring and performance statistics;
  • Sentry for error reporting and insight;
  • Google Analytics for tracking your behavior through analytics events;
  • Google Cloud Platform for showing your location on a map;
  • LogRocket for error tracking and understanding how you use our Services; and
  • Datadog for monitoring our infrastructure.

For more information on our use of third parties, including the geographic location of each, see our list of Data Subprocessors.

Other third party disclosure

In addition, we may disclose Personal Information to:

  • our subsidiaries and affiliates for purposes consistent with this Privacy Policy;
  • courts, tribunals, regulatory authorities and law enforcement officers as required by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend our legal rights; and
  • third parties, including agents or sub-contractors, who assist us in providing information, products, services or direct marketing to you. This may include parties located, or that store data, outside of the United States.

If there is a change of control of our business or a sale or transfer of business assets, we reserve the right to transfer our user databases, together with any Personal Information and non-Personal Information contained in those databases, to the extent permissible by law. This information may be disclosed to a potential purchaser. We would seek to only disclose information in good faith.

Your Rights

You may ask us to take the following actions in relation to your personal information that we hold.

Choice and consent: If you choose to provide us with your Personal Information, you consent to the terms in this Privacy Policy, and to us disclosing or receiving your Personal Information for these purposes.

Your provision of third party information: If you provide us with third party Personal Information then you warrant to us that you have the third party’s consent.

Restrict: If you have previously agreed to us collecting and using your Personal Information, you may change your mind at any time by contacting us at the email address listed in this Privacy Policy. This may mean no longer using the Services.

Access: You may request details of Personal Information that we hold about you.

Correction: If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, please edit your Personal Information or contact us. We rely in part upon customers advising us when their Personal Information changes. We will respond to any request within a reasonable time. We will endeavour to promptly correct any information found to be inaccurate, incomplete or out of date.

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

Deletion: You may request to have your account deleted along with any Personal Information you have added to the Services. It may take up to 14 days for your Personal Information to be completely removed from our system, backups, and third parties.

Unsubscribe: You may opt out of non-transactional or non-account related promotional emails by clicking the “unsubscribe” link located at the bottom of our communications.

You can submit these requests by email to privacy@jiminny.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. We may redact from the data which we will make available to you, any personal information related to others.

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 at privacy@jiminny.com or submit a complaint to the data protection regulator in your jurisdiction.

Security

We use appropriate security measures to protect the security of your personal information both online and offline. These measures vary based on the sensitivity of the personal information we collect, process and store and the current state of technology. We also take measures to ensure service providers that process personal data on our behalf also have appropriate security controls in place.

Please note that no service is completely secure. While we strive to protect your data, we cannot guarantee that unauthorized access, hacking, data loss or a data breach will never occur.

To protect the confidentiality of your account and protect from unauthorized use of your account, we recommend enabling two-factor authentication for all of your external accounts used to sign-in to our Service.

Disputes relating to our Data Protection practices

We hope we can resolve any disputes relating to our data protection practices between us. You can raise your concern or dispute by emailing our Data Protection Officer at privacy@jiminny.com or by writing to us at:

Jiminny Inc., 141 Tremont Street, Floor 8, Boston, MA 02111 (our headquarters)

For those in the EEA or Switzerland, if you have a dispute with us relating to our data protection practices or are not satisfied with how we’ve addressed your concerns or questions, you may complain to an independent dispute resolution provider, at no cost to you. You also have the right to lodge a complaint with your local data protection authority.

Children

Jiminny does not knowingly acquire or receive personal information from children under 13. If we later learn that any user of our Service is under the age of 13, we will take appropriate steps to remove that user’s information from our account database and will restrict that individual from future access to the Service.

Amendments

We may change our Privacy Policy from time to time. If we make changes we’ll revise the “Effective” date at the top of this statement, and we will make our best efforts to provide additional notice such as on our Website, application sign-in page, or via the email address we have on file for you. We will comply with applicable law with respect to any changes we make to this notice and seek your consent to any material changes if this is required by applicable law.

Additional Information for EEA and Switzerland Users

Legal bases for processing

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 in the table below. The legal bases depend on the Services you use and how you use them. If you have questions about the legal basis of how we process your personal information, contact us at privacy@jiminny.com.

Processing Purpose: Legal Base

To provide the Service: processing is necessary to perform the contract governing our provision of the Service or to take steps that you request prior to signing up for the Service.

To communicate with you; To create anonymous data for analytics; For compliance, fraud prevention and safety: these processing activities constitute our legitimate interests. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal information for our legitimate interests. We do not use your personal information for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law).

To comply with law: processing is necessary to comply with our legal obligations.

With your consent: processing is based on your consent. Where we rely on your consent you have the right to withdraw it anytime in the manner indicated in the Service or by contacting us at privacy@jiminny.com. This will not affect any processing that has already taken place and in some cases, may mean no longer using the Services.

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 fulfil 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.

In some circumstances we may anonymize your personal information (so that it can no longer be associated with you) in which case we may use this information indefinitely without further notice to you.

Cross-Border Data Transfer

When you use our Services, personal information of our Customer and their End-Users processed by Jiminny may be transferred to the United States, where our primary processing facilities are located, and possibly to other countries where we or our service providers operate. These transfers will typically be made in connection with routing your communications in the most efficient way.

EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield

Jiminny complies with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferredretention of personal information transferred from the European Union, the United Kingdom, and Switzerland to the United States, respectively. Jiminny has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov.

Independent Recourse Mechanism

In compliance with the EU-U.S. Privacy Shield Framework and Swiss–U.S. Privacy Shield Framework, we are committed to resolving complaints about your privacy and our collection or use of your personal information. European Union or Swiss citizens with inquiries or complaints regarding this privacy policy should first contact us at: privacy@jiminny.com.

If necessary, we have further committed to refer unresolved privacy complaints under the EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield to independent dispute resolution providers. If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our third party dispute resolution providers (free of charge). If you're a European Union citizen, contact the EU Data Protection Authorities (DPAs). Swiss citizens should contact the Swiss Federal Data Protection and Information Commissioner (FDPIC).

As a last resort, privacy complaints that remain unresolved after pursuing these and other channels may be subject to binding arbitration before the Privacy Shield Panel to be created jointly by the US Department of Commerce and the European Commission. The Federal Trade Commission (FTC) has jurisdiction over Jiminny’s compliance with this policy and the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks. In cases of onward transfer to third parties of data of EU individuals received pursuant to the EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield, Jiminny is potentially liable.

European Union Model Clauses

Jiminny also offers EU Model clauses, also known as Standard Contractual Clauses, to provide appropriate safeguards for Customers that transfer personal information to use from the EEA. Please contact us if you want further information on the specific mechanism used by us when transferring your personal information out of the EEA.

Last updated: 21 January 2020

Jiminny, Inc. (together with its affiliates companies – “Jiminny”, “we”, “our” or “us”) respects your privacy and is committed to transparent privacy practices. This “Privacy Policy”, together with our "Cookie Policy" describes how we collect, use, store and share the following types of personal data provided to us or otherwise collected by us.

(a) Customer Data: data relating to identifiable individuals (“Personal Data”), which we analyze, process and manage on our customers’ behalf, as part of the Jiminny Conversation Intelligence services (“Services”). Specifically, this is data which is contained in call and video recordings, transcripts, e-mails, text messages and other communications and content, as well as data submitted by our customers (including by connecting their systems with the Services);

(b) User Data: account, contact and activity data relating to individuals who use the Jiminny platform, Sidekick application, mobile application, and other tools and features provided by us as part of the Services (collectively – “Platform”);

(c) Website, CRM & Prospect Data: data relating to our customers, visitors of our website (www.jiminny.com), participants at our events, and any other prospective customer or partner who visits or otherwise interacts with any of our websites, online ads and content, emails or communications under our control (“Sites”).

If you are our customer, user, visitor or prospect (“you”), please read this Privacy Policy carefully and make sure that you fully understand and agree to it.

You are not legally required to provide us with any personal data, and may do so (or avoid doing so) at your own free will. If you do not wish to provide us with your personal data, or to have it processed by us or any of our Service Providers (defined below), please avoid any interaction with us or use of our Services. If you are a user of the Platform on behalf of any of our customers, we suggest that you contact your account administrator with any questions.

1. Data Collection & Processing

1.1. Customer Data

Our Services enable Jiminny customers to record, transcribe, analyze and share the contents of their business communications, including phone calls, video conferences, email and text messsages, as well as their CRM and customer contacts (collectively, “Customer Data”).

Customer Data typically contains data which relates to identifiable individuals, such as the customer’s sales representatives, prospects, and other parties either taking part in their communications or mentioned there.

Certain privacy and data protection laws require that call recordings may only be initialized pursuant to one or more of the parties’ consent (whether explicit or implicit, depending on applicable law), or subject to certain restrictions. Accordingly, whilst Jiminny supports these laws by providing our customers with features and options for how they use our Services – our customer is solely responsible for determining whether and how they wish to use our Services and such features, and to ensure that all individuals using Jiminny on their behalf or at their request have given their informed consent to these practices, and that all legal requirements applicable to the collection, recording and use of data through our Services are fully met by them, including specifically in the context of an employment relationship.

Jiminny processes Customer Data, and the personal data contained in it, strictly on our customer’s behalf, in accordance with their reasonable instructions and as further stipulated in our Data Processing Addendum and other commercial agreements with such customer.

Accordingly, to the extent that the EU’s General Data Protection Regulation (GDPR), California Consumer Privacy Act (CCPA), UK Data Protection Act (UKDPA) or any similar laws apply, our Customer will be deemed the ‘data controller’ (under the GDPR, UKDPA and similar laws) or ‘business’ (under the CCPA or similar laws) of such Customer Data; and Jiminny will be deemed the ‘data processor’ or ‘service provider’ when processing such data.

1.2. User Data

We collect and generate the following types of personal data concerning users of our Platform:

  • profile information like your name, position, company, team, telephone numbers, email address, photo;
  • account information such as email address and access tokens;
  • usage and analytical information including connectivity, technical and aggregated usage data, such as user agent, IP addresses, device data (like type, OS, device id, browser version, locale and language settings used), activity logs, session recordings, and the cookies installed or utilized on their device;
  • content you provide through communicating with us, for example audio and/or video conversations for support and training purposes; and
  • your responses to questionnaires, surveys, or requests for feedback.

Whilst Jiminny processes such User Data on its customers’ behalf (where it is included in Customer Data), we also use it for our own purposes, as described in Section 3 below. Accordingly, to the extent applicable – our customer will be deemed the ‘data controller’ or ‘business’ with respect to such data; Jiminny will also be deemed an independent and separate ‘data controller’ or ‘business’ with respect to such data; and with respect to those portions or copies of User Data that we process on behalf of our customer – we will also be deemed a ‘data processor’ or ‘service provider’.

1.3 Website, CRM & Prospect Data

We collect and generate the following types of personal data concerning our website visitors, customers and prospects:

  • website usage information including connectivity, technical and aggregated usage data, such as user agent, IP addresses, device data (like type, OS, device id, browser version, locale and language settings used), activity logs, session recordings, and the cookies and pixels installed or utilized on their device;
  • customer account information such as contact, contractual and billing details concerning our customers, which may also contain the details of their internal focal persons who directly engage with Jiminny concerning their organizational account, e.g. the account administrators, billing contacts and authorized signatories on behalf of the customer; as well as the customer’s needs and preferences, as identified to us or recognized through our engagement with them);
  • information concerning our customers and prospects for example contact and business details, our communications with such customers and prospects (correspondences, call and video recordings, and analyses thereof), as well as any needs, preferences, attributes and insights relevant to our potential engagement).

We collect such data either automatically, through the data subject’s interaction with us or with our website, Platform or Services; or through third party services, social media, analytics tools, events we organize or participate in, and other business initiatives.

2. Data Controller/Processor

Certain data protection laws and regulations, such as the GDPR or the CCPA, typically distinguish between two main roles for parties processing Personal Data: the “data controller” (or under the CCPA, “business”), who determines the purposes and means of processing; and the “data processor” (or under the CCPA, “service provider”), who processes the data on behalf of the data controller (or business). Below we explain how these roles apply to our Services, to the extent that such laws and regulations apply.

2.1. Customer Data

Jiminny is the “data processor” of Customer Data, which we process on behalf of our customer (who is the “data controller” of such data; and our Service Providers who process such Customer Data on our behalf are the “sub-processors” of such data.

Accordingly, Jiminny processes Customer Data strictly in accordance with such customer’s reasonable instructions and as further stipulated in our Data Processing Addendum and other commercial agreements with such customer. The customer, as controller of such data, will be responsible for meeting any legal requirements applicable to data controllers (such as establishing a legal basis for processing and responding to Data Subject Rights requests concerning the data they control).

For the avoidance of doubt, each customer is solely responsible for providing adequate notice to their account users and customers whose data may be contained in Customer Data – including sufficient reference to the processing of their Personal Data via the Services, and any other information necessary to comply with all applicable privacy and data protection laws; and to obtain all approvals and consents from such individuals as required under such laws.

2.2. User Data

Jiminny is both a “data controller” and “data processor” of User Data. Such data is processed by Jiminny for its own purposes (as described in Section 3 below), as an independent ‘controller’; whilst those certain portions of it which are included in Customer Data will be processed by us on our customer’s behalf, as a ‘processor’.

2.3. Website, CRM & Prospect Data

With respect to such data, we assume the responsibilities of "data controller" (solely to the extent applicable under law), as set forth in this Privacy Policy. In such instances, our Service Providers processing such data will assume the role of “data processor”.

3. How We Use Your Data

3.1. Customer Data

Jiminny processes Customer Data, and the personal data contained in it, strictly on our customer’s behalf, in accordance with their reasonable instructions and as further stipulated in our Data Processing Addendum and other commercial agreements with such customer.

3.2. User Data and Website, CRM & Prospect Data

We use other types of Personal Data as necessary for the performance of our Services; to comply with our legal and contractual obligations; and to support our legitimate interests in maintaining and improving our Services, e.g. in understanding how our Services are used and how our campaigns are performing, and gaining insights which help us dedicate our resources and efforts more efficiently; in marketing, advertising and selling our Services; providing customer service and technical support; and protecting and securing our customers, users, visitors, prospects, ourselves and our Services.

If you reside or are using the Services in a territory governed by privacy laws under which “consent” is the only or most appropriate legal basis for the processing of Personal Data as described herein (in general, or specifically with respect to the types of Personal Data you expect or elect to process or have processed by or via the Services, e.g. ‘special categories’ under the GDPR), your acceptance of our Terms and Conditions and this Privacy Policy will be deemed as your consent to the processing of your Personal Data for all purposes detailed in this Policy. If you wish to revoke such consent, please contact us at privacy@jiminny.com.

We do not sell your personal information for the intents and purposes of the California Consumer Privacy Act (CCPA).

Specifically, we use this type of Personal Data for the following purposes:

  • To facilitate, operate, and provide our Services;
  • To train our speech-to-text engine and improve our data analytics models;
  • To train our customer and user-facing staff;
  • To authenticate the identity of our users, and to allow them access to our Services;
  • To provide our customers and users with assistance and support;
  • To gain a better understanding on how individuals use and interact with our Sites and Services, and how we could improve their and others’ user experience, and continue improving our products, offerings and the overall performance of our Services;
  • To facilitate and optimize our marketing campaigns, ad management and sales operations, and to manage and deliver advertisements for our products and services more effectively, including on other websites and applications. Such activities allow us to highlight the benefits of using our Services, and thereby increase your engagement and overall satisfaction with our Services. This includes contextual, behavioral and interests-based advertising based on your activity, preferences or other data available to us or to our business partners;
  • To contact our customers, users and prospects with general or personalized service-related messages, as well as promotional messages that may be of specific interest to them (as further described in Section 7 below);
  • To facilitate, sponsor and offer certain events, contests and promotions;
  • To support and enhance our data security measures, including for the purposes of preventing and mitigating the risks of fraud, error or any illegal or prohibited activity;
  • To create aggregated statistical data, inferred non-personal data, or anonymized or pseudonymized data (rendered non-personal and non-identifiable), which we or our business partners may use to provide and improve our respective services, or for any other purpose; and
  • To comply with applicable laws and regulations.

3. Data Retention

3.1. Customer Data

We retain Customer Data strictly on our customer’s behalf, in accordance with their reasonable instructions and as further stipulated in our Data Processing Addendum and other commercial agreements with such customer.

3.2. User Data and Website, CRM & Prospect Data

We will only retain your personal information for as long as it is reasonably necessary to fulfil 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.

In some circumstances we may anonymize your personal information (so that it can no longer be associated with you) in which case we may use this information indefinitely without further notice to you.

4. Data Residency

We and our authorized Service Providers (defined below) maintain, store and process Personal Data in the United States of America, the United Kingdom and other locations, as reasonably necessary for the proper performance and delivery of our Services, or as may be required by law; provided that Customer Data may only be processed in such locations as permitted in our Data Processing Addendum and other commercial agreements with such customer.

While privacy laws may vary between jurisdictions, Jiminny and its affiliates and Service Providers are each committed to protect Personal Data in accordance with this Privacy Policy and customary industry standards, regardless of any lesser legal requirements that may apply in their jurisdiction. Among others, we have ensured that all transfers of Personal Data which originates from the EEA and made at our direction or control are based on appropriate data transfer mechanisms as established under the GDPR.

5. Data Sharing

5.1. Service Providers

We engage selected third party companies and individuals to perform services complementary to our own. Such service providers include hosting and server co-location services, communications and content delivery networks (CDNs), speech-to-text services, data and cyber security services, billing and payment processing services, fraud detection and prevention services, web analytics, e-mail distribution and monitoring services, session or activity recording services, remote access services, performance measurement, data optimization and marketing services, social and advertising networks, content providers, e-mail, voicemails, support and customer relation management systems, and our legal, financial and compliance advisors (collectively, “Service Providers“).

Our Service Providers shall each be deemed as a ‘data processor’ or ‘service provider’ in circumstances where Jiminny assumes the role of ‘data controller’; and where Jiminny acts as the ‘data processor’ or ‘service provider’ for our customer, the Service Provider shall be deemed as our ‘sub-processor’ or ‘service provider’ (as further described in Section 2 above).

Accordingly, these Service Providers may have access to User Data and Website, CRM & Prospect Data; and if we have expressly listed them in our Sub-Processor List, they may also have access to Customer Data — all depending on each of their specific roles and purposes in facilitating and enhancing our Services, and may only use it for such limited purposes as determined in our agreements with them.

5.2. Third Party Websites and Services

Our Sites and Platform may include links to third party websites, and integrations with third party services. Such websites and third party services, and any information you process, submit, transmit or otherwise use with such websites and third party services, are governed by such third party’s terms and privacy practices and policies, and not by this Privacy Policy. We encourage you to carefully read the terms and privacy policies of such website and third party services.

5.3. Subsidiaries and Affiliated Companies

We may share Personal Data internally within our group, for the purposes described in this Privacy Policy. In addition, should Jiminny or any of its subsidiaries or affiliates undergo any change in control or ownership, including by means of merger, acquisition or purchase of substantially all or part of its assets, Personal Data may be shared with or transferred to the parties involved in such an event. If we believe that such change in control might materially affect your Customer Data or Personal Data then stored with us, we will notify you of this event and the choices you may have via e-mail or prominent notice on our Services.

5.4. Customers and other Users

Customer Data is typically shared and is available to the users belonging to such customer’s account. User Data is shared with the administrator(s) of the customer’s account to which such user belongs (including data and communications concerning such user’s account). In such cases, sharing such data means that the administrator(s) or other users of the same account may access it on behalf of the customer, and will be able to monitor, process and analyze the Personal Data contained therein. This includes instances where you may contact us for help in resolving an issue specific to a team of which you are a member (and which is managed by the same customer).

Please note that Jiminny is not responsible for and does not control any further disclosure, use or monitoring by or on behalf of the customer, that itself acts as the ‘data controller’ of such data (as further described in Section 2 above).

5.5. Legal Compliance

In exceptional circumstances, and except as stipulated otherwise in our Data Processing Addendum and other commercial agreements with you, we may disclose or allow government and law enforcement officials access to your Personal Data, in response to a subpoena, search warrant or court order (or similar requirement), or in compliance with applicable laws and regulations. Such disclosure or access may occur if we believe in good faith that: (a) we are legally compelled to do so; (b) disclosure is appropriate in connection with efforts to investigate, prevent, or take action regarding actual or suspected illegal activity, fraud, or other wrongdoing; or (c) such disclosure is required to protect our legitimate business interests, including the security or integrity of our products and services.

6. Security

We use appropriate security measures to protect the security of your personal information both online and offline. These measures vary based on the sensitivity of the personal information we collect, process and store and the current state of technology. We also take measures to ensure service providers that process personal data on our behalf also have appropriate security controls in place.

Please note that no service is completely secure. While we strive to protect your data, we cannot guarantee that any wrongdoings, malfunctions, unlawful interceptions or access, or other kinds of abuse and misuse will never occur.

To protect the confidentiality of your account and protect from unauthorized use of your account, we recommend enabling two-factor authentication for all of your external accounts used to sign-in to our Sites, Platform or Services.

7. Data Subject Rights

Individuals have rights concerning their Personal Data. If you wish to exercise your privacy rights under any applicable law, including the EU General Data Protection Regulation (GDPR) or the California Consumer Privacy Act (CCPA), such as the right to request access to, and rectification or erasure of your Personal Data held with Jiminny, or to restrict or object to such Personal Data’s processing, or to port such Personal Data, or the right to equal services and prices (each to the extent available to you under the laws which apply to you) – please contact us by e-mail at: privacy@jiminny.com

Please note that when you ask us to exercise any of your rights under this policy or applicable law, we may need to ask you to provide us certain credentials to make sure that you are who you claim you are, to avoid disclosure to you of personal information related to others and to ask you to provide further information to better understand the nature and scope of data that you request to access. Such additional data will be then retained by us for legal purposes (e.g. as proof of the identity of the person submitting the request), in accordance with Section 3 above.

We may redact from the data which we will make available to you, any personal data related to others.

If you would like to make any requests or queries regarding Personal Data that we process on our customer’s behalf, please contact the administrator of such customer’s account directly. For example, if you are our customer’s customer or prospect, or if you are a user of Jiminny on behalf of our customer, and wish to access, correct, or delete data processed by Jiminny on behalf of our customer, please direct your request to the relevant customer (who is the “data controller” of such data – see Section 2 above). Note that if you do contact us, we may share your communications with our customer and its account users; and that we may also share the contact details of the account administrator with individuals who sent us such a request or query relating to this account.

7. Communications

We engage in service and promotional communications, through e-mail, phone, SMS and notifications.

7.1. Service Communications

We may contact you with important information regarding our Services. For example, we may send you notifications (through any of the means available to us) of changes or updates to our Services, billing issues, service changes, log-in attempts or password reset notices, etc. Our customers, and other users on the same customer account, may also send you notifications, messages and other updates regarding their or your use of the Services. Such notifications and messages may also be sent by them to their own customers (for example, invites, recordings or meeting summaries created through our Services). You can typically control your communications and notifications settings from your Jiminny User profile settings, or otherwise in accordance with the instructions included in the communications sent to you. Please note that you will not be able to opt-out of receiving certain service communications which are integral to your use (like billing notices).

7.2. Promotions

We may also notify you about new features, additional offerings, events, special opportunities or any other information we think you will find valuable, as our customer, user or prospect. We may provide such notices through any of the contact means available to us (e.g. phone, mobile or e-mail), through the Services, Platform or Sites, or through our marketing campaigns on any other sites or platforms.

If you do not wish to receive such promotional communications, you may notify Jiminny at any time by sending an e-mail to: privacy@jiminny.com, changing your communications preferences in your User Profile settings, or by following the “unsubscribe”, “stop”, “opt-out” or “change e-mail preferences” instructions contained in the promotional communications you receive.

8. Additional Notices

8.1. Amendments

We may change our Privacy Policy from time to time. If we make changes we’ll revise the “Effective” date at the bottom of this document, and we will make our best efforts to provide prior notice on our Sites, Platform and/or Services. After such notice period, all amendments shall be deemed accepted by you. We will comply with applicable law with respect to any changes we make to this document and seek your consent to any material changes if this is required by applicable law.

8.2. Children

Jiminny does not knowingly acquire or receive Personal Data from children under 16, and do not wish to do so. If we later learn that any user of our Services is under the age of 16, we will take appropriate steps to remove that user’s information from our account database and will restrict that individual from future access to the Service.

8.3. Disputes

We hope we can resolve any concerns regarding Personal Data held with us. You can raise your concern or dispute by emailing our Data Protection Officer at dpo@jiminny.com or by writing to us at:

Jiminny Inc., 141 Tremont Street, Floor 8, Boston, MA 02111 (our headquarters)

For those in the EEA or Switzerland, if you have a dispute with us relating to our data protection practices or are not satisfied with how we’ve addressed your concerns or questions, you may complain to an independent dispute resolution provider, at no cost to you. You also have the right to lodge a complaint with your local data protection authority.

8.4. Questions

If you have any comments or questions regarding our Privacy Policy please contact Jiminny’s support at help@jiminny.com.

Effective Date: March 29th, 2021