Security and Compliance

Last updated: May 13, 2024

At InteliGems®Labs, ensuring the security and compliance of user data is paramount. Below is an overview of our security measures and compliance standards.

Compliance

1. Data Storage and Safety Measures within AWS

At InteliGems Labs, we prioritize the security of your data. That's why we securely host all our data within Amazon Web Services (AWS), utilizing their services, such as Amazon Relational Databases Services (RDS), for secure data management.

1.1 AWS, our trusted data hosting partner, supports an extensive range of 89 security standards and compliance certifications worldwide, surpassing any other cloud provider. This comprehensive coverage ensures the robustness of our data hosting.

1.1.1 PCI-DSS - Payment Card Industry Data Security Standard.
1.1.2 HIPAA/HITECH - Health Insurance Portability and Accountability Act/Health Information Technology for Economic and Clinical Health Act.
1.1.3 FedRAMP - Federal Risk and Authorization Management Program.
1.1.4 FIPS 140-2 - Federal Information Processing Standard 140-21.
1.1.5 NIST 800-171 - National Institute of Standards and Technology Special Publication 800-171.
1.1.6 ISO 27001 - International Organization for Standardization 27001 (Information Security Management Systems Requirements)

1.2 At InteliGems Labs, we take an active role in ensuring data security. We utilize AES256 to encrypt all data that is a part of and goes through the InteliGems Labs services, demonstrating our commitment to data security.

2. GDPR and SOC 2 Type II Compliance

2.1 What is SOC 2 compliance?

2.1.1 The American Institute of Certified Public Accountants' SOC 2 is an auditing process that ensures a company securely manages data and protects the privacy of its clients.

2.1.2 It defines criteria for handling customer data based on five trust service principles: security, processing integrity, availability, confidentiality, and privacy. For instance, we ensure security by encrypting all data, maintaining processing integrity by regularly auditing our systems, and guaranteeing availability using redundant servers.

2.2 What is GDPR compliance?

Similarly, InteliGems Labs is compliant with the General Data Protection Regulation (GDPR). GDPR is the world's most widespread privacy and security law and includes guidelines for collecting, processing, and storing the personal information of individuals inside the European Economic Area.

Security

3. Internal Team Access

3.1 InteliGems Labs follows the principle of least privilege to restrict internal team access to user data.

3.2 The InteliGems Labs platform allows individual users to control who can view their meeting insights and analysis. Recording owners can share recordings internally with specific team members or externally with specific users outside their team.

3.3 Access controls are strictly enforced, ensuring only authorized personnel can access sensitive data. Any access to user data is based on a need-to-know basis and is strictly monitored and audited to maintain data integrity and confidentiality.

4. Vulnerability Management

4.1 InteliGems Labs products, such as Odyssey have regular vulnerability scanning and reviews are conducted to identify and address potential security risks.

4.2 InteliGems Labs collaborates with AWS security consultants to ensure the implementation of best security practices.

4.3 In the event of a security breach resulting in the unlikely compromise of any information under InteliGems Labs' control, the situation will be promptly investigated. We will notify affected individuals and take necessary actions, as required by relevant laws and regulations, to address the problem effectively and responsibly.

5. Monitoring Systems

5.1 InteliGems Labs uses AWS CloudWatch and Sentry for monitoring its software platforms.

5.2 AWS CloudWatch is used to monitor the complete solution stack in production. Since we use AWS services such as AWS Fargate, ECS, ECR, RDS, and ELB, these services export status data to CloudWatch. 

5.3 Sentry provides real-time performance, and issue monitoring for the ML models. Critical issues are notified via email and chat channels to specified email address, ensuring the reliability and availability of the InteliGems Labs platforms.

6. Backup and Recovery Procedures

6.1 InteliGems Labs' backup and recovery procedures are designed to ensure the resilience and continuity of its services. InteliGems Labs uses AWS backup and recovery services for daily backups.

6.2 Backups are stored securely and can be quickly recovered in the event of data loss or system failure, minimizing downtime and ensuring data availability.

6.3 By adhering to these security measures and compliance standards, InteliGems Labs is committed to protecting user data's confidentiality, integrity, and availability while providing a secure and reliable platform for InteliGems Labs customers. 

For further details on security policy, please email security@inteligems.io.

Common Security-Related Questions

Where is my data stored?
Can my data be stored in a private cloud?
Will InteliGems Labs employees have access to my data?
Can I delete or remove my data?
What calendar data is accessed?
What data is collected for insights?

Terms of Service

Last updated: May 14, 2024

1. Acceptance of Terms

By accessing or using the Odyssey AI, a private AI knowledge discovery & agent product provided by InteliGems®Labs ("we", "us", or "our"), you ("User" or "you") agree to be bound by these Terms of Service ("Terms"). These Terms govern your access to and use of the Odyssey AI and any associated software, platforms, and services (collectively, the "Service").

2. Service Description

The Odyssey AI is designed to support knowledge management through a conversational bot interface that uses private multi-modal data, including audio, video, text, PDFs, and application data, to deliver answers, generate content, and run agent models. The Service uses Odyssey AI APIs, Odyssey AI task models, AI reasoning, Customer Content and a private instance of a small language model, enabling information retrieval, performing tasks, and team interactions through a standard user interface.

3. Definitions

Account: The registered account through which Users access the Service.

Beta Services: means any services, features, or functionality identified as alpha, beta, preview, early access, or evaluation. InteliGems Labs may offer access to Beta Services.

Customer Content or Customer Materials: means any data, text, information, business frameworks, logic, content, or materials provided by or created by Users for the Service.

Service: Refers to the Odyssey AI and any associated software, platforms, and services provided by InteliGems Labs.

User: Any individual or entity that uses the Service.

4. Accounts and Customer Responsibilities

4.1 Account Creation and Management

To use InteliGems Labs Services, you will need to:
a) Create an Account: Keep your login details confidential.·      
b) Manage Your Account: You are responsible for all activities that occur under your account. Ensure you manage access carefully, maintaining the security and confidentiality of your account credentials.


4.2 Customer Responsibilities

You are solely responsible for your use of the Services and any content, data, or information ("Customer Materials") you submit or upload to the Services. You represent and warrant that:

a) Rights and Permissions:
You have all necessary rights and permissions to provide them Customer Materials to Odyssey AI and to grant the rights outlined in these Terms.

b) Compliance with Laws:
Your use of the Services and Customer Materials will not violate any applicable laws, regulations, or third-party rights, including intellectual property rights.

c) Restricted Information:
You will not submit or upload any Customer Materials that contain sensitive personal information, biometric data, trade secrets, other confidential or proprietary information, or other categories of data designated by InteliGems Labs ("Restricted Information") unless explicitly agreed upon by your organization in writing.

4.3 Customer Content Ownership and Use Content Ownership:
You retain all rights to the data you input into the Services. By providing content, you grant us a non-exclusive license to use, reproduce, and display that content solely to provide and improve the Services. Restrictions on Use: You agree not to:• Reverse engineer, sublicense, or misuse the Services in any manner not expressly permitted by these Terms.• Use the Services to create, train, develop, or improve similar or competitive products.

4.4 Responsibilities Toward End Users
You are responsible for informing your employees, contractors, or other end users ("End Users") about the Services' policies, settings, and any other relevant information that may impact the processing of Customer Materials. You will ensure that End Users comply with these Terms and any applicable laws and regulations.

4.5 Prohibited Actions
You must not use the Services in any way that causes or may cause, damage to the Services or impairment of the availability or accessibility of the Services.

You must not use the Services:
a) In any way that is unlawful, illegal, fraudulent, or harmful.
b) In connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.

4.6 Beta Services Acknowledgment
The Odyssey AI may offer access to Beta Services on an "as is" and "as available" basis. Beta Services are provided without any warranties of any kind, and your use of Beta Services is solely at your own risk. InteliGems Labs does not guarantee the availability of Beta Services and may discontinue Beta Services at any time in its sole discretion. InteliGems Labs will have no liability for any harm or damage arising out of or in connection with Beta Services.

4.7 Odyssey AI Data Processing and Handling Terms

4.7.1 Odyssey API: The Odyssey AI Platform may leverage Odyssey APIs for advanced task model capabilities. You acknowledge that data interactions through Odyssey’s API are subject to Odyssey AI API terms and conditions.

InteliGems Labs will take reasonable steps to ensure the secure transmission of documents to and from Odyssey AI’s API but does not warrant the accuracy or reliability of Odyssey AI’s processing of your structured and unstructured data processing results, including but not limited to audio, video, PDFs, text, databases, third party app data. InteliGems Labs disclaims all liability for any lessor damage arising from the use of Odyssey AI’s data processing and handling services.

4.7.2 InteliGems Labs implements industry-standard measures to protect the confidentiality and integrity of your Content. However, Odyssey AI does not guarantee the accuracy of Content processing results and shall not be liable for any errors or omissions in the processed documents. You are responsible for reviewing and verifying the accuracy of document processing results before use. InteliGems Labs will take reasonable steps to ensure the secure transmission of documents to and from Odyssey AI’s API but does not warrant the accuracy or reliability of Odyssey AI’s processing of your structured and unstructured data processing results, including but not limited to audio, video, PDFs, text, databases, third party app data. InteliGems Labs disclaims all liability for any loss or damage arising from the use of Odyssey AI’s data processing and handling services.

4.8 Feedback Rights. Any suggestions, comments or feedback provided by you regarding Odyssey AI Platform will be owned by InteliGems Labs, and InteliGems Labs may use and disclose it without restriction or payment for any purpose whatsoever, including to improve or enhance the Odyssey AI Launchpad.

5. Intellectual Property

All intellectual property rights in the Service, including but not limited to software, user interface designs, logos, and documentation, are owned by or licensed to InteliGems Labs. You are granted a limited, non-exclusive, non-transferable, revocable license to use the Service for your internal business purposes. You may not duplicate, disseminate, or exploit any aspect of the Service without InteliGems Labs prior written consent.

5.1 Customer Materials and Content
You retain all rights, title, and interest in and to the Customer Materials. InteliGems Labs may use the Customer Materials solely to provide the Services and generate any content, results, or deliverables ("Content") for you.

5.2 Aggregated Data
InteliGems Labs may collect and create usage data, statistics, aggregated and anonymized data, and de-identified data derived from your use of the Platform, Customer Materials, and Output("Aggregated Data"). InteliGems Labs may use the Aggregated Data to analyze, support, and improve its products and services, and to create and distribute reports and materials about its products and services. InteliGems Labs will not identify you as the source of information in any such reports or materials without your prior written consent.

6. Privacy and Data Protection

Your privacy is important to us. Our Privacy Policy, incorporated by reference into these Terms, describes how InteliGems Labs handle personal and non-personal data you provide to us in connection with your use of the Service. InteliGems Labs will use and process your data following our Privacy Policy (Refer to https://www.inteligems.io/trust-center#privacy-policy) and applicable laws, including any anonymization or aggregation practices.

6.1 Data Breach Notification
In the event of any breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, personal data of Customers or End Users, InteliGems Labs shall:

6.1.1 Promptly assess the risk to people's rights and freedoms. This involves evaluating the severity of the breach, the types of personal data affected, and the potential consequences for individuals.
6.1.2 If appropriate, report the breach to the relevant supervisory authority no more than 72 hours after having become aware of it. This timeframe aligns with the General Data Protection Regulation (GDPR) and other data breach notification laws.
6.1.3 Customers whose personal data may have been affected will be notified without undue delay. The notification should describe the nature of the breach, the types of personal data affected, and the steps InteliGems Labs is taking to address the breach.

6.2 Private Data protection from AI/ML Training

6.2.1 InteliGems Labs affirms that it does not use Google Workspace APIs or any data obtained through these APIs to develop, improve, train, or fine-tune generalized artificial intelligence (AI) or machine learning (ML) models.
6.2.2 No AI/ML Training: We do not use any Customer Data, Generated Output, or other information obtained through Google Workspace APIs to train or fine-tune AI/ML models without explicit customer permission or instruction.
6.2.3 Data Protection: We implement appropriate technical and organizational measures to ensure the security and privacy of data obtained through Google Workspace APIs, in compliance with applicable data protection laws and Google's privacy policies.
6.2.4 Compliance with Google's Terms: We adhere to Google's terms of service, including but not limited to:
6.2.4.1 The Google APIs Terms of Service
6.2.4.2 The Google Workspace Service Specific Terms
6.2.4.3 Any additional terms applicable to specific Google Workspace APIs

7. Payment Terms

The Service can be provided on a subscription basis. Subscriptions are due monthly and must be paid-in advance. Additional charges may apply for excess data storage, usage and other premium features as detailed in the Service description.

7.1 Subscriptions: You agree to pay the payment amount listed in your account or order form. All subscriptions are due as stated and are non-refundable. If you require the use of a purchase order or purchase order number, you agree that any terms and conditions on your purchase order will not apply to these Terms and are void.

7.2 Payment Methods: You can pay by credit card, debit card, or other pre-approved methods. For invoices, payment is due as stated on the invoice.

7.3 Disputes: If you disagree with a charge, let us know within 60 days of the invoice date.

7.4 Late Payments: Late payments will incur a charge of 1.5% per month. InteliGems Labs may suspend service if fees, subscriptions or other payment amounts are not paid on time.

8. Indemnification

8.1 Indemnification by Customer

You will indemnify, defend, and hold harmless InteliGems Labs from and against all damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from a third-party claim related to:
a) Customer Materials.
b) Your use of the Platform, Services, or Output.
c) Your Customer Application or any products or services you offer in connection with the Platform.

8.2 Indemnification by InteliGems Labs

InteliGems Labs will indemnify, defend, and hold you harmless from and against all damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from a third-party claim alleging that InteliGems Labs technology used to provide the Services or Output infringes or misappropriates any U.S. intellectual property rights of such third party.

InteliGems Labs will have no obligations or liability under this Section arising from:
a) Use of the Services or Output in a modified form or in combination with materials not furnished by InteliGems Labs.
b) Services performed according to your specifications.
c) Customer Materials or any other content, information, or data provided by you.

For any claim covered by this Section, InteliGems Labs may, at its election:
i) Procure the rights to use the portion of the Services or Output alleged to be infringing.
ii) Replace the alleged infringing portion of the Services or Output with a non-infringing alternative.
iii) Terminate the allegedly infringing portion of the Services or these Terms and provide you with a pro-rata refund of prepaid fees for the affected Services.

8.3 Indemnification Procedure

The party seeking indemnification will promptly notify the indemnifying party of the claim and cooperate with the indemnifying party by providing reasonable assistance in defending the claim. The indemnifying party will have full control and authority over the defense, except that:

a) Any settlement requiring the party seeking indemnification to admit liability or to pay any money will require that party's prior written consent, which will not be unreasonably withheld or delayed.
b) The other party may join in the defense with its counsel at its own expense.

9. Limitations of Liability

9.1 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILLINTELIGEMS OR ITS AFFILIATES, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANYINDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES,INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL,USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TOTHESE TERMS OR YOUR USE OF THE PLATFORM, SERVICES, OR OUTPUT, EVEN IFINTELIGEMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9.2 Limitation of Total Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INTELIGEMS'S ANDITS AFFILIATES', LICENSORS', AND SUPPLIERS' TOTAL CUMULATIVE LIABILITYARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THEPLATFORM, SERVICES, OR OUTPUT WILL NOT EXCEED THE FEES PAID BY YOU TOINTELIGEMS FOR THE SERVICES GIVING RISE TO THE LIABILITY IN THE SIX (6)MONTHS PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITY.

10. Modifications to the Terms and the Service

I reserve the right to modify these Terms and the features and functionality of the Service at any time.will provide you with notice of significant changes to the Terms or the Service.

11. Termination

InteliGems Labs may terminate your access to the Service without cause or notice, which may result in the forfeiture and destruction of all information associated with your account. You may terminate these Terms at any time by requesting your account be deleted and ceasing use of the Service. Upon termination, InteliGems Labs will delete all user data within 30 days, unless otherwise required by law.

12. Governing Law and Jurisdiction

These Terms shall be governed by and construed following the laws of the State of Nevada, United States without regard to its conflict of law provisions.

13. Dispute Resolution

In the event of a dispute, the parties will attempt to resolve the issue through mediation. If mediation is unsuccessful, the dispute will be resolved through binding arbitration following the rules of the American Arbitration Association. Detailed procedures for initiating mediation or arbitration, potential fees, and timelines will be provided upon request.

14. Security Practices

inteliGems Labs maintain industry-standard security practices to protect your data, including encryption, access controls, and regular security audits. InteliGems Labs will notify you promptly in the event of a security breach.

15. Service Level Agreement (SLA)

Our SLA outlines InteliGems Labs service level commitments, including uptime guarantees, response times, and other performance metrics.

16. Contact Information

If you have any questions about these Terms, please contact us at security@inteligems.io.
By using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms.

Data Usage Policy

Last updated: May 13, 2024

At InteliGems®Labs, our utmost commitment is to ensure the privacy, security, and responsible use of data within our platform. This Data Usage Policy outlines the guidelines and procedures for collecting, storing, accessing, and sharing data within the InteliGems Labs ecosystem.

1. Definitions

1.1 Sensitive Data: Any data that includes personal, confidential, or proprietary information.

1.2 User: Anyone who uses or accesses the platform, including employees and third-party users.

1.3 Encryption: converting digital data into cipher form; it scrambles the data and protects its confidentiality.

2. Data Collection and Usage

2.1 Data collected from user interactions with InteliGems Labs is utilized to improve user experience and AI-generated output accuracy. 

2.2 Individual organization data is exclusively kept in their databases which is single-tenant and not shared with any other customers of InteliGems Labs.

2.3 InteliGems Labs is compliant with current security standards surrounding data Privacy. All data is private to the individual or organization. It is only accessed by InteliGems Labs with express written permission. 

3. Data Storage and Security

3.1 User data, including meeting recordings and associated information, is securely stored within Amazon Web Services (AWS) cloud infrastructure.

3.2 The database is hosted in AWS RDS, and our production and staging environments are housed in a Virtual Private Cloud (VPC), which provides enhanced security.

3.3 Access to sensitive data is strictly on a need-to-know basis, utilizing the principle of least privilege.

3.4 InteliGems Labs encrypts user data using AES256—Advanced Encryption Standard with a 256-bit key while the data is at rest, and TLS—Transport Layer Security while the data is in transit.

4. User Privacy

4.1 InteliGems Labs provides users with granular privacy settings, allowing them to control who can access their meeting insights and analysis.

4.2 Users have complete control and ownership over their meeting recordings within the InteliGems Labs platform. They can share recordings internally with specific team members or externally with users outside their team.

4.3 Non-InteliGems Labs users are presented with a guest view, limiting access to a subset of complete analysis for privacy protection.

5. Customer Content Ownership and Use

5.1 We have limited access to customer data through our services. We use anonymized versions of customer data for the following purposes:

5.1.1 Debugging and investigating issues or errors related to the Services.
5.1.2 Improving the Services.

5.2 Restrictions on Use: You agree not to:

5.2.1 Reverse engineer, sublicense, or misuse the Services in any manner not expressly permitted by IneliGems Labs Terms or Policies.
5.2.2 Use the Services to create, train, develop, or improve similar or competitive products.

6. Compliance and Protection

6.1 InteliGems Labs maintains compliance with regulatory standards such as GDPR and SOC 2 Type II, adhering to auditing processes and criteria for handling customer data. 
6.2 We conduct regular vulnerability scans and reviews with AWS security consultants to ensure the integrity of our infrastructure and data security.
For further information, please visit the InteliGems Labs Compliance and Security page. 

7. Backup and Recovery

7.1 The entire InteliGems Labs application stack is backed up daily by AWS backup and recovery services.

7.2 Backups are stored for seven days and discarded, ensuring data integrity and facilitating recovery during system failure.

8. Modifications to the Data Usage Policy

We reserve the right to modify this Policy and the features and functionality of the Services at any time. We will notify you of significant changes to the Policy or the Services.

9. Security Practices

9.1 We maintain industry-standard security practices to protect your data, including encryption, access controls, and regular security audits. We will notify you promptly in the event of a security breach. This Policy will be reviewed annually and updated as necessary to reflect changes in legal requirements and our business operations.

9.2 Private Data protection from AI/ML Training

9.2.1 InteliGems Labs affirms that it does not use Google Workspace APIs or any data obtained through these APIs to develop, improve, train, or fine-tune generalized artificial intelligence (AI) or machine learning (ML) models.
9.2.2 No AI/ML Training: We do not use any Customer Data, Generated Output, or other information obtained through Google Workspace APIs to train or fine-tune AI/ML models without explicit customer permission or instruction.
9.2.3 Data Protection: We implement appropriate technical and organizational measures to ensure the security and privacy of data obtained through Google Workspace APIs, in compliance with applicable data protection laws and Google's privacy policies.
9.2.4 Compliance with Google's Terms: We adhere to Google's terms of service, including but not limited to:
9.2.4.1 The Google APIs Terms of Service
9.2.4.2 The Google Workspace Service Specific Terms
9.2.4.3 Any additional terms applicable to specific Google Workspace APIs

10. Contact Information

If you have any questions about the Policy, please get in touch with us at security@inteligems.io.

By using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms.

InteliGems Labs Privacy Policy

Last updated: May 14, 2024

Welcome to InteliGems®Labs developer of Versational® and Odyssey. At InteliGems Labs, we are dedicated to enhancing digital interactions across various platforms, offering a range of applications and services designed to optimize conversations for sales, product marketing, and recruiting online. InteliGems Labs offerings include sophisticated applications and comprehensive web solutions through InteliGems Labs website, www.Inteligems.io. This Privacy Policy outlines how we collect, process, use, and disclose personal data across all our services and platforms, ensuring you understand your rights and the choices available to you regarding your personal information. We encourage you to read this Policy carefully.

By accessing or using the Service and Websites, you acknowledge and agree that you have read, understand, and agree to be bound by this Policy. By using the Service, you hereby warrant and represent that you are over 18 years of age. DONOT USE, INSTALL, OR ACCESS THE SERVICES IF YOU DO NOT AGREE TO THIS PRIVACY POLICY.

1. Which Privacy Terms are Applicable to Me?
2. Privacy Terms for End Users
3. Privacy Terms for Website Visitors
4. Privacy Terms for Other Individuals
5. Additional Privacy Terms for All Individuals
6. Privacy Information for Individuals in the EU/UK
7. Privacy Information for California Residents
8. Talk to Us

1. Which Privacy Terms Are Applicable to Me?

InteliGems Labs collects information about different types of individuals. Please see the following definitions to determine which type of individual you are. One or all of the privacy terms may be applicable.

1.1 End Users. These are individuals who use the Service as part of a paid InteliGems Labs subscription plan.

1.2 Website Visitors. These are individuals who use the Websites.

1.3 Other Individuals. These are individuals about whom we collect Personal Data but are not necessarily End Users or Website Visitors.

2. Privacy Terms for End Users

If you are an End User, the specific terms agreed to between InteliGems Labs and the organization(e.g., your employer or another entity or person, called the “Customer”) that entered into InteliGems Labs agreement (“Customer Agreement”), governs the collection and processing of information collected from you through the Customer’s instance of the Service (“Account”).Because the Customer controls the Account used by End Users, if you have any questions about the Customer’s specific Account settings and privacy practices, please contact the Customer whose Account you use.

2.1. Collection/Generation of End User Information

This section explains the information we collect/generate from End Users. We do not require End Users to provide us with information. However, certain information is required to provide you with access to the Service (such as Account Information or authentication information), and other information maybe collected automatically as you use the Service.

2.1.1 Account Content. All email and chat messages, and calendar data and other content submitted through the Service is collected, used, and shared by InteliGems Labs in accordance with the Customer’s instructions, including any applicable terms in the Terms of Service Agreement, or as required by applicable law. The Customer, and not InteliGems Labs, determines its own internal policies regarding storage, access, modification, deletion, sharing, and retention of Account Content which may apply to your use of the Service. For example, a Customer may provide or remove access to the Service or enable or disable third party integrations. Please check with the Customer about their policies and settings with respect to the Account Content that is collected when using the Service.

2.1.2 Account Information. To set up your InteliGems Labs account, the Customer will provide us with basic information about you which may include your name, email address, zip code, department, gender, and other information.

2.1.3 Service Usage Information. As you access the Service, we collect information about how you use and interact with the Service. Such information includes:

Device information – the type of device you are using, its operating system, device ID, and other unique device identifiers.

Log files – web request, browser type, and settings, referring/exit pages and URLs, number of clicks, date and time stamp information, language preferences, data from cookies and similar technologies, and other such information.

Metadata – high-level information about the way you work in your Account. For example, we may log the features and embedded Service content you interact with; and what, if any, third party services and integrations you use.

Location information – general information about the location of the device from which you are accessing the Service.

2.1.4 Recorded information. When you use InteliGems Labs application or Service such as Versational for Zoom, Teams, Google Hangout, GotoMeeting, other third-party web conferencing tools, or cloud-based business communications, (“Cloud-based Communications App”), InteliGems Labs will either automatically record or receive an upload of audio and video from your Cloud-based Communications session (including any items shared on screen, and all Personal Data included). The legal bases for our collection of this information are the performance of the Customer Agreement with you or the entity you represent (the Customer).We use this information to provide our Service. If we were not able to collect this information, we would not be able to provide our Service. We retain the Recorded Information and related personal information for the period the applicable Customer has chosen in the account settings section of the InteliGems Labs platform or up to 36 months. Thereafter, we archive and use them only for necessary purposes, such as internal audits and legal disputes and proceedings.

2.1.5 Additional Information. You may provide us with information when you interact with us in other ways, such as when you submit requests or questions to us via forms or embedded chat windows; information you provide in connection with InteliGems Labs research studies in which you choose to participate; and requests for customer support and technical assistance.

2.1.6 Information Collected from Third-Party Integrations. If you choose to use or connect to third-party integrations (e.g., SalesForce, HubSpot, Zoom, Teams, Slack, Google Meet, Microsoft Calendar, etc.) through the Service, or if you are required or permitted to do so by a Customer, such third parties may allow us to have access to and store Additional Information and Recorded Information about your interaction with those services as it relates to your use of our Service. When you link our Services to a third party integration, we will receive information about you, including your name, email address, calendar and meeting information (such as meeting title, date, time, location, Zoom URL and attendees), profile information, and photo.

2.1.7 Other third parties. We may receive additional information about you, such as demographic data, from third parties such as data enrichment partners and combine it with other information we have about you. Please note that personal information collected by a third party in this manner is subject to that third party’s own data collection, use, and disclosure policies.

2.1.8 Payment information. When you buy something from us, we ask you to provide your name, contact information, and credit card information or other payment account information. When you submit your card information, we store the name and address of the cardholder, the expire date and the last four digits of the credit card number. We do not store the actual credit card number. For quick processing of future payments, if you have given us your approval, we may store your credit card information or other payment information in an encrypted format in the secured servers of our third-party Payment Gateway Service Providers (PSP).

2.1.9 Metrics. These are the personalized metrics generated using Account Content, Recorded Information, Information Collected from Third-Party Integrations, and Service Usage Information.

2.1.10 Aggregated Non-Identifiable Data. We collect, use, and share aggregated non-identifiable information such as statistical or demographic data for legitimate business purposes. Aggregated data may be derived from End User Data but is not considered Personal Data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your usage data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect aggregated data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used under this Policy.

2.2. How Does InteliGems Labs Use End User Information?

2.2.1 InteliGems Labs may use information collected/generated from and about End Users only as necessary:

  • To provide, maintain, and improve the Service.
  • For internal training and quality control purposes.
  • To protect the Service and our users and prevent or address technical or security issues.
  • To resolve support requests.
  • To investigate good faith alleged violations of the Terms of Service.
  • Under applicable legal obligations, or to comply with a valid legal subpoena, request, or other lawful process.
  • As otherwise outlined in our Terms of Service or as expressly permitted by the Customer.

2.2.2 Additionally, Account Information, Service Usage Information, Information from ThirdParty Integrations, Recorded Information, and Additional Information maybe also used only as necessary:

  • To help us better understand user interests, needs, and to customize the Service for our users.
  • To engage in analysis, research, and reports regarding use of the Service.
  • To respond to your requests for information.
  • To communicate with you about important notices and updates regarding the Service, such as to inform you about changes in the Service, our service offerings, or security and fraud issues. You may not opt-out of these important Service-related notices and updates.
  • To communicate with you about promotions, offers, and news about InteliGems Labs. You may unsubscribe from promotional communications.

2.3. Sharing of End User Information

We may share your information to complete tasks and enable the Service to operate. For these purposes your information can pass on to the 3rd party services providers, suppliers, subcontractors, and other associated organizations.

2.3.1 Service Providers. We may provide access to or share your information with third parties that use the information only to perform services on our behalf, such as sales, marketing, communications, customer support, technical development/admin, provision of content and features, project management, integration, research, analytics, data storage, data processing, security, fraud prevention, and other services.

2.3.2 Business Transactions. If InteliGems Labs is involved in a merger, acquisition, dissolution, sale of all or a portion of its assets, or other fundamental corporate transaction, or if the ownership of all or substantially all of our business changes, we may transfer your information to the new owner so that the Service can continue to operate. In such case, your information would remain subject to the promises and commitments contained in this Policy until such time as this Policy is updated or amended by the acquiring party upon notice to you. If such transfer is subject to additional mandatory restrictions under applicable laws, InteliGems Labs will comply with such restrictions.

2.3.3 Applicable Law. We may share the information when we believe in good faith that release is necessary to comply with applicable laws, rules, or regulations (including any applicable laws, rules, or regulations outside your country or state of residence).

2.3.4 Please note that while InteliGems Labs does not proactively display your Metrics to your employer (or another entity or person, called the “Customer”), theoretically, it may be viewable by others within your organization, for example, if your employer takes control of your login credentials.

2.4. Data Subject Rights

Contact your Account owner(s) or administrator(s) to exercise any data subject rights you have under applicable local laws, including your ability to access, delete, rectify, transfer, or object under the GDPR. Alternatively, clicking the “Delete Account” button located in your account’s settings will delete your “Account Content” and “Metrics.”

2.5. Is InteliGems Labs a controller or processor of End User Information?

According to the General Data Protection Regulation (“GDPR”), if you are an End User located in the European Union/UK, the Customer is the data controller for the processing of your Account Content, Account Information, Additional Information, Recorded Information, Information Collected from Third-Party Integrations, and Metrics and InteliGems Labs is the data processor, meaning that we collect and process such information solely on behalf of the Customer. In general, InteliGems Labs is the data controller of Service Usage Information and other information.

2.6. Legal Bases

According to the GDPR, if you are an End User located in the European Union/UK, we rely on the following legal bases for using the Service Usage Information and other information we collect through your use of the Service:

3.6.1 Legitimate Interests. Where use of your information is necessary for our legitimate interests or the legitimate interests of others, as described in the “How Does InteliGems Labs Use End User Information” section.

3.6.2 Consent. Where you obtain consent necessary to record a call or web conference meeting. If you do not provide approval or consent for a voice recording, we will not record it. We record calls to automate note taking, extract insights for CRM updates, and for your internal training purposes. We recommend you do not record or share confidential or sensitive personal information of any kind without the express consent of the parties being recorded. We do not request and have no intention to collect this type of information. We also do not intend to record people around you. Please make sure that other persons in your surroundings are not recorded unintentionally, or that you have provided them with this notice and they acknowledged their approval of the recording. We do not intend to collect personally identifiable information from anyone we know to be under 18 years old. Please take appropriate action to delete recordings that are not obtained without consent or from persons under age 18.

3.6.3 Legal Obligation. Where use of your information is necessary to comply with a legal obligation.

3.6.4 Contract. Where use of your information is necessary to perform our obligations under a contract with you (for example, to comply with the Terms of Service which you accept by browsing the Websites)

2.7 How does InteliGems Labs Protect Your Data?

2.7.1 Operational Measure

2.7.1.1 Regular Security Audits and Compliance: To maintain
the highest security standards, InteliGems Labs conducts regular vulnerability
scans and security reviews in collaboration with AWS security consultants.
These audits help us identify and rectify potential vulnerabilities, ensuring
the ongoing integrity and security of our infrastructure. Additionally, we are
committed to adhering to regulatory standards such as GDPR and SOC 2 Type II,
further reinforcing our dedication to data protection.

2.7.1.2 Data Breach Response Protocol: In the unlikely
event of a data breach, InteliGems Labs has established a clear and effective
response protocol. This includes immediate containment and assessment of the
breach, notification of affected parties in compliance with regulatory
standards, and a thorough investigation to prevent future occurrences. InteliGems Labs proactive stance on data breaches ensures a swift and transparent resolution, minimizing potential harm to our users.

2.7.1.3 Backup and Recovery: Our comprehensive backup and recovery services, powered by AWS, ensure data integrity and facilitate quick recovery in the event of system failure. Backups are performed daily and stored securely for seven days before being discarded. This strategy not only protects against data loss but also supports our commitment to data security and user trust.

2.7.2 Technical Measure

2.7.2.1 Access Controls: Access to sensitive data within InteliGems Labs is governed by strict access control policies. We adhere to the principle of least privilege, ensuring that only authorized personnel with a legitimate need can access specific data sets. This approach minimizes the risk of data exposure and unauthorized access.

2.7.2.2 Data Encryption: We employ robust encryption methods to protect your data both at rest and in transit. By utilizing state-of-the-art encryption standards, we ensure that your data remains  inaccessible to unauthorized parties. Our encryption protocols cover all data stored within our cloud infrastructure, including meeting recordings and associated information, thus guaranteeing that your information is secure and private.

2.7.2.3 Secure Data Storage: Our user data, including sensitive meeting recordings and associated information, is securely stored within Amazon Web Services (AWS) cloud infrastructure. We leverage AWS RDS for database hosting and house our production and staging environments in a Virtual Private Cloud (VPC), providing an added layer of security. These measures
ensure that your data is not only secure but also resilient against potential
threats.

2.8 Private Data protection from AI/ML Training

2.8.1 InteliGems Labs affirms that it does not use Google Workspace APIs or any data obtained through these APIs to develop, improve, train, or fine-tune generalized artificial intelligence (AI) or machine learning (ML) models.
2.8.2 No AI/ML Training: We do not use any Customer Data, Generated Output, or other information obtained through Google Workspace APIs to train or fine-tune AI/ML models without explicit customer permission or instruction.
2.8.3 Data Protection: We implement appropriate technical and organizational measures to ensure the security and privacy of data obtained through Google Workspace APIs, in compliance with applicable data protection laws and Google's privacy policies.
2.8.4 Compliance with Google's Terms: We adhere to Google's terms of service, including but not limited to:
2.8.4.1 The Google APIs Terms of Service
2.8.4.2 The Google Workspace Service Specific Terms
2.8.4.3 Any additional terms applicable to specific Google Workspace APIs

3. Privacy Terms for Website Visitors

If you visit the Websites, regardless of whether you are also a user of the Service, the following rules apply to you.

3.1. Collection of Website Visitor Information

When you use the Websites, we collect the following information about you:

3.1.1 Website Usage Information. As you browse the Websites, we collect information about how you use and interact with the Websites. Such information includes:

3.1.2 Device information – the type of device you are using, its operating system, device ID, and other unique device identifiers. Log files – web request, IP address, browser type and settings, referring/exit pages and URLs, number of clicks, date and time stamp information, language preferences, data from cookies and similar technologies, and other such information.

3.1.3 Metadata – high-level information about the way you use the Websites. For example, we may log the features links you interact with.

3.1.4 Location Information – We collect and process general information about the location of the device from which you are accessing the Websites (e.g., country level or geographic location inferred from an IP address).

3.1.5 Disabling Location Tracking. You can grant or revoke your consent to our collection of your location at any time or prevent us from continuing to access your GPS information by disabling the GPS or other location-tracking functions on your device, provided your device allows you to do this.

3.1.6 Contact Information. If you submit a request for information or a question through the Websites, you may be asked to provide us with basic information including your name, email address, address, phone number, and job information. We will also keep records of the communication, the question/request you raised, and how it was resolved. If you choose to participate in a InteliGems Labs research study offered through the Websites, we will also collect basic contact information from you in connection with such activity.

3.2 Cookies and Similar Technologies

3To collect the Website Usage Information discussed above, we and our service providers use cookies, server logs, tags, SDKs, tracking pixels, and other similar tracking technologies. A cookie is a small text file that is placed on your computer or mobile device when you visit a site, that enables us to:

(i) recognize your computer and login session;
(ii) store your preferences and settings;
(iii)understand which pages of the Websites you have visited;
(iv), enhance your user experience by delivering and measuring the effectiveness of content and advertising tailored to your interests;
(v) perform analytics; and
(vi) assist with security and administrative functions.

A web server log is a file where website activity is stored. An SDK is a section of code that we embed in our applications and software to allow third parties to collect information about how users interact with the Websites. 

3.2.1 Tracking pixels (sometimes referred to as web beacons or clear GIFs) are tiny electronic tags with a unique identifier embedded in websites, online ads and/or email, and that are designed to provide usage information like ad impressions or clicks, email open rates, measure the popularity of the Websites and associated advertising, and to access user cookies. 

We use several third-party services which use tracking pixels on our website to collect web behavior information that we use to provide Services, improve our products, user experience, and other purposes. These include:

3.2.2 Zoho is a CRM and marketing automation tool provided by Zoho, Inc., which we use to improve our customer outreach. You can learn more about how this tool collects information by visiting Zoho’s privacy policy https://www.zoho.com/privacy.html.

3.2.3 Google Ads–We use conversion pixels from Google to track the success of campaigns and to learn about which cross sections of people are most interested in our products and services. You can learn more about how Google collects data at https://policies.google.com/technologies/ads?hl=en-US and specifically about Google enables customers like us to use conversion tracking here: https://support.google.com/google-ads/answer/1722022.

You can learn more about how to opt-out by browsing Google’s opting-out and privacy pages located at www.google.com, or the Network Advertising Initiative website located at www.networkadvertising.org. In addition, you may set browser and system preferences for how other third parties serve ads to you.

3.2.4 Google Analytics. We use Google Analytics to evaluate how users use our website and who uses our website. You can learn more about how Google collects and uses data by visiting https://policies.google.com/technologies/partner-sites (“How Google uses information from sites or apps that use our services”).

3.2.5 Google Tag Manager. We use Google Tag Manager to track website traffic. You can learn more about Google Tag Manager and how it is used at https://support.google.com/tagmanager/answer/6102821?hl=en. Google’s use of data collected through Tag Manager is governed by its privacy policy, available at https://policies.google.com/privacy.

3.2.6 We use Facebook for social media advertising and to generate new leads and traffic to our website. You can learn more about how Facebook collects information generally and on behalf of its customers like us, at https://www.facebook.com/policy.php.

3.2.7 We use LinkedIn for social media advertising and to generate new leads and traffic to our website social media advertising. You can learn more about how Linkedin collects information generally and on behalf of its customers like us, at https://www.linkedin.com/legal/privacy-policy. As we adopt additional technologies, we may also gather information through other methods. Please note that you can change your settings to notify you when a cookie is being set or updated, or to limit and even block cookies.

3.2.8 Disabling Cookies. To learn more about cookies, please visit https://www.allaboutcookies.org/. Most Internet browsers allow you to delete or decline cookies by changing your browser settings. The “Help” function in the toolbar of most browsers (e.g., Internet Explorer; Google Chrome; Mozilla Firefox; or Apple Safari) should indicate how you can set your browser to notify you before accepting cookies or to disable cookies entirely. However, if you refuse to accept cookies, you may limit your use of certain features or functions on our Website and Service.
You can read our Cookie declaration here.

You can at any time change or withdraw your consent from the Cookie Declaration on our Site.

3.3 How Does InteliGems Labs Use Website Visitors Information

3.3.1. We use the information collected from Website Visitors for a variety of purposes including:
a) To provide, maintain, and improve the Websites.
b) For internal training and quality control purposes.
c) To protect the Website and our users and prevent or address technical or security issues.
d) To investigate in good faith alleged violations of our Terms of Service.
e) Under applicable legal obligations, or to comply with a valid legal subpoena, request, or other lawful process.
f) To help us better understand Website Visitor interests and needs and customize the advertising and content you see on the Websites.
g) To engage in analysis and research regarding the use of the Websites. As otherwise outlined in our Terms of Service or as expressly permitted by you.

3.3.2. Additionally, Contact Information may also be used only as necessary:
a) To respond to your requests for information.
b) To communicate with you about important notices and updates regarding the Website, such as to inform you about changes on the Website, or security and fraud issues. You may not opt out of these important Website-related notices and updates.
c) To communicate with you about promotions, offers, and news about InteliGems Labs. You can unsubscribe from such promotional communications.
d) For administrative purposes, such as billing, account administration, account integration, or other similar/related purposes.

3.3.3 Imported Contacts or Google User Data.
If you provide us with access to your contacts, you acknowledge and agree that we may use such information as part of the service, as described in this Policy, and you confirm that you have the rights and permissions to provide such access to your contacts. Similarly, when you provide us with permissions and access to your Google account, we may access and use your contacts for the purpose of the Service.
At any time, you may decide to opt-out of enabling us to access your contacts by sending such requests to privacy@inteligems.io.

3.4 Website Analytics and Advertising

3.4.1 Website Analytics. We may use third-party web analytics services on our Websites to collect and analyze usage information through cookies and similar tools; engage in auditing, research, or reporting; and provide certain features to you. To prevent Google Analytics from using your information for analytics, you may install the Google Analytics Opt-out Browser Add-on by clicking here.

3.4.2 Online Advertising. The Websites may integrate third-party advertising technologies that allow for the delivery of relevant content and advertising on other websites you visit. The ads may be based on various factors such as the content of the page you are visiting, the information you enter such as your age and gender, your searches, demographic data, and other information. These ads may be based on your current activity or your activity over time and across other websites and online services and may be tailored to your interests.
Third parties, whose products or services are accessible via the Websites, may also place cookies or other tracking technologies on your computer, mobile phone, or other device to collect information about you as discussed above.

3.4.3 We neither have access to nor does this Policy govern, the use of cookies or other tracking technologies that may be placed on your device you use to access the Websites, by non-affiliated third parties. For more information about tailored browser advertising and how you can generally control cookies from being put on your computer to deliver tailored advertising, you may visit the Network Advertising Initiative’s Consumer Opt-Out Link, the Digital Advertising Alliance’s Consumer Opt-Out link (if you are located in the EU, Switzerland, or the UK) to opt-out of receiving tailored advertising from companies that participate in those programs.
To opt out of Google Analytics for display advertising or customize Google display network ads, visit the Google Ads Settings page. We do not control these opt-out links or whether any particular company chooses to participate in these opt-out programs. We are not responsible for any choices you make using these mechanisms or the continued availability or accuracy of these mechanisms.
Please note that if you exercise the opt-out choices above, you will still see advertising on websites, but it will not be tailored to you based on your online behavior over time.

3.4.4 Notice Concerning Do Not Track. Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. We are committed to providing you with meaningful choices about the information collected on our Websites for third party purposes, and that is why we provide the variety of opt-out mechanisms listed above. However, we do not currently recognize or respond to browser initiated DNT signals. To learn more about Do Not Track, you can contact us at privacy@inteligems.io.

3.5 Sharing of Website Visitor Information

We share the information we collect through the Websites with the following:

3.5.1 Terms of Service. We may share the information under the Terms of Service.

3.5.2 Service Providers. We may provide access to or share your information with third parties that use the information only to perform services on our behalf such as sales, marketing, communications, customer support, technical development/admin, provision of content and features, project management, integration, advertising, analytics, research, data storage, data processing, security, fraud prevention, and other services.

3.5.3 Business Transactions. If InteliGems Labs is involved in a merger, acquisition, dissolution, sale of all or a portion of its assets, or other fundamental corporate transaction, or if the ownership of all or substantially all of our business changes, we may transfer your information to the new owner so that the Websites can continue to operate. In such case, your information would remain subject to the promises and commitments contained in this Policy until such time as this Policy is updated or amended by the acquiring party upon notice to you. If such transfer is subject to additional mandatory restrictions under applicable laws, InteliGems Labs will comply with such restrictions.

3.5.4 Applicable Law. We may share the information when we believe in good faith that release is necessary to comply with applicable laws, rules, or regulations (including any applicable laws, rules, or regulations outside your country or state of residence).

3.5.5 Consent. We may also disclose your information to third parties with your consent to do so.

3.6 Third Party Links And Services

The Websites may contain links to third-party websites and functionalities. If you choose to use these third-party services, you may disclose your information not just to those third parties, but also to their users and the public more generally depending on how their services function. Because these third-party websites and services are not operated by InteliGems Labs, InteliGems Labs is not responsible for the content or practices of those websites or services. The collection, use, and disclosure of your information will be subject to the privacy policies of the third-party websites or services, and not this Policy.

If you initiate these connections, you also understand that we will share information about you that is required to enable your use of the third-party integration through the Service. If you do not wish to have this information shared, do not initiate these connections. By enabling these connections, you authorize us to connect and access the information provided through these connections, and you understand that the privacy policies of these third parties govern such connections.

3.6.1 Google Disclosure: InteliGems Labs use and transfer to any other app of information received from Google Accounts will adhere to Google API Services User Data Policy, including the Limited Use requirements.

3.7 Is InteliGems Labs a controller or processor of Website Visitor Information

According to the GDPR, if you are a Website Visitor located in the European Union/UK, InteliGems Labs is the data controller of Website Visitor information.

3.8 Legal Bases

According to the GDPR, if you are a Website Visitor located in the European Union/UK, we rely on the following legal bases for using the Website Visitor Information and other information we collect through your use of the Website:

3.8.1 Legitimate Interests. Where use of your information is necessary for our legitimate interests or the legitimate interests of others as described in the “How Does InteliGems Labs Use Website Visitors Information” section.

3.8.2 Legal Obligation. Where use of your information is necessary to comply with a legal obligation. Where we have your consent to process data in a certain way. When we process your personal data based on your consent (i.e., for direct marketing purposes or otherwise), you have the right to with draw your consent at any time by contacting us. However, this will not affect the lawfulness of the processing based on such consent before your consent was with drawn. In commercial email messages, you can also opt out by clicking the “unsubscribe” link located at the bottom of such emails and following the instructions.

3.8.3 Contract. Where use of your information is necessary to perform our obligations under a contract with you (for example, to comply with the Terms of Service which you accept by browsing the Websites)

4. Privacy Terms for Other Individuals

Regardless of whether or not you are a Website Visitor or End User, the following terms apply to you if we have collected your personal data, for example from referrals or lead generation, or if someone has provided us with access to their contacts.

4.1 Collection of Information about Other Individuals

We may collect the following information about you:

4.1.1 Contact Information. This is basic information including your name, email address, phone number, postal address, and job details.

4.1.2 Recorded Information. We may record some marketing and sales calls and will obtain appropriate consent from you where required.

4.2. How Does InteliGems Labs Use Information about Other Individuals?

Contact Information maybe used only as necessary:

a) To provide, maintain, and improve the applicable InteliGems Labs service.
b) For internal training and quality control purposes.
c) To protect the applicable InteliGems Labs service and other individuals and prevent or address technical or security issues.
d) To investigate in good faith alleged violations of the Terms of Service.
e) Under applicable legal obligations, or to comply with a valid legal subpoena, request, or other lawful process.
f) As otherwise outlined in our Terms of Service or as expressly permitted by you.
g) To communicate with you about important notices and updates regarding the applicable InteliGems Labs service, such as to inform you about changes in the applicable.
h) InteliGems Labs service, or security and fraud issues. You may not opt out of these important service-related notices and updates.
i) To communicate with you about promotions, offers, and news about InteliGems Labs. You can unsubscribe from such promotional communications.
j) For administrative purposes, such as billing, account administration, account integration, or other similar/related purposes.

4.3 Sharing of Information about Other Individuals

We share the information we collect about Other Individuals with the following:

4.3.1 Terms of Service. We may share the information under the Terms of Service.

4.3.2 Service Providers. We may provide access to or share your information with third parties that use the information only to perform services on our behalf such as sales, marketing, communications, customer support, project management, integration, advertising, research, data storage, data processing, security, fraud prevention, and other services.

4.3.3 Business Transactions. If InteliGems Labs is involved in a merger, acquisition, dissolution, sale of all or a portion of its assets, or other fundamental corporate transaction, or if the ownership of all or substantially all of our business changes, we may transfer your information to the new owner so that the Websites can continue to operate. In such case, your information would remain subject to the promises and commitments contained in this Policy until such time as this Policy is updated or amended by the acquiring party upon notice to you. If such transfer is subject to additional mandatory restrictions under applicable laws, InteliGems Labs will comply with such restrictions.

4.3.4 Applicable Law. We may share the information when we believe in good faith that release is necessary to comply with applicable laws, rules, or regulations (including any applicable laws, rules, or regulations outside your country or state of residence).

4.3.5 Consent. We may also disclose your information to third parties with your consent to do so.

4.4 Is InteliGems Labs a controller or processor of Information about Other Individuals

According to the GDPR, if you are located in the European Union/UK, InteliGems Labs is the data controller of information about Other Individuals.

4.5 Legal Bases

According to the GDPR, if you are located in the European Union/UK, we rely on the following legal bases for using the information we collect about Other Individuals:

4.5.1 Legitimate Interests. Where use of your information is necessary for our legitimate interests or the legitimate interests of others as described in the “How Does InteliGems Labs Use Information about Other Individuals” section.

4.5.2 Legal Obligation. Where use of your information is necessary to comply with a legal obligation.

4.5.3 Consent. Where we have your consent to process data in a certain way. When we process your personal data based on your consent (i.e., for direct marketing purposes or otherwise), you have the right to withdraw your consent at any time by contacting us as provided below. However, this will not affect the lawfulness of the processing based on such consent before your consent was with drawn.

5. Additional Privacy Terms for All Individuals

The following information about InteliGems Labs privacy practices applies to all individuals whose personal data is processed by InteliGems Labs.

5.1 Changes To Our Privacy Policy

We reserve the right to amend this Policy at any time to reflect our data collection and use practices. We will make the revised Policy accessible through the Service and Websites, or by sending you an email to the email address on file. If we make a material change to the Policy, we will comply with applicable legal requirements to provide you with notice and/or consent.

5.2 Marketing Practices and Choices

If you receive email from us, we may use certain analytics tools, such as clear GIFs, to capture data such as when you open our message or click on any links or banners our email contains. This data allows us to gauge the effectiveness of our communications and marketing campaigns. You may instruct us not to use your contact information to contact you by email, or phone regarding products, services, promotions, and special events that might appeal to your interests by getting in touch with us using the contact information listed “Contact Us” section at the end of this Policy.

In commercial email messages, you can also opt out by clicking the “unsubscribe” link located at the bottom of such emails and following the instructions. Please note that, regardless of your request, we may still use and share certain information as permitted by this Policy or as required by applicable law. For example, you may not opt out of certain operational or service-related emails, such as those reflecting our relationship or transactions with you.

5.3 Data Retention

We will retain your information for the period necessary to fulfill the purposes outlined in this Policy unless a longer retention period is required or permitted by law, required to resolve disputes, or enforce our agreements, or where the Terms of Service Agreement requires or permits specific retention or deletion periods.

In some circumstances, we may anonymize your Personal Data (so that it can no longer be associated with you) for research, aggregated data, or statistical purposes in which case we may use this information indefinitely without further notice to you.

5.4 Combined Information

We may combine the information that we collect through the Service or Websites with information that we receive from other sources, both online and offline, and use such combined information under this Policy. If, however, the collection of any information about you is governed by a Terms of Service Agreement, information will only be combined and used under such Terms of Service Agreement and the sections of this Policy apply to End Users.

5.5 Aggregate/De-Identified Data

We may aggregate and/or de-identify information collected through the Service or Websites so that such information can no longer be linked to you or your device. We may use Aggregate/De-Identified Information for any purpose, including without limitation for research and analytics, and marketing purposes, and may also share such data with any third parties, including advertisers, partners, affiliates, services providers, sponsors, event promoters and others.

5.6 Transfers of Personal Data

5.6.1 Our private company is headquartered in the United States of America. We process information, on your behalf, on secure services located in the US. If you are a resident in a jurisdiction where the transfer of your personal information outside of your territory requires your consent, then you will provide us your necessary consent to such transfer.

5.6.2 To facilitate our operations, we may transfer, store, and process your personal data in jurisdictions other than where you live including in the United States. Laws in these countries may differ from the laws applicable to your country of residence. For instance, if you are a European Economic Area (EEA) data subject and your personal data is shared with our affiliates, partners, or third-party service providers acting on our behalf outside of the EEA, then it is done so under necessary means to ensure an adequate level of protection. 

We may need to transfer your information, including your Personal Data, to other countries, other countries around the world where our service providers, such as our transcribers, may be located.

5.6.3 When we transfer Personal Data of EU individuals out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

a) Where we use service providers, these service providers are bound by specific contracts approved by the European Commission which give personal data the same protection it has in Europe.
b) Where we use providers based in the US, we may transfer data to them if they are part of the EU-U.S. Data Privacy Framework which requires them to provide similar protection to personal data shared between Europe and the US.
c) The country in which the service provider is located has been approved by the European Commission as providing legal adequate protection of Personal Data.

Please contact us at privacy@inteligems.io if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.

5.7 Data Security

We consider data security a top priority and we do our best to keep your Personal Data secure. We consider data security a top priority and do our best to keep your Data secure. We have implemented appropriate security measures to prevent your data from being accidentally lost, used, or accessed unauthorizedly, altered, or disclosed. Such measures include:

5.7.1 Infrastructure Security
a) End-to-End Network Isolation
b) External & Internal enforcement points
c) Server Hardening
d) Denial of Service (DOS) Protection
e) Segregation between Office and Production Networks
f) Penetration Tests

5.7.2 Application Security
a) Access Control
b) Data Encryption
c) Vulnerabilities Management
d) Segregation of Customer Data

5.7.3 Operational Security
a) Identity and Access Management (IAM)
b) Password Policy
c) Recertification of Access Permissions:
d) Configuration and Patch Management
e) Security Incident Response

5.7.4 Also, we limit access to your Data to those employees, agents, contractors, and other third parties who have a business need to know. Our policy requires such persons only to process their Personal Data on our instructions and execute confidentiality agreements (or otherwise be subject to a confidentiality duty).

We have established procedures to deal with a personal data breach (whether such a breach is actual or a probable threat). We will notify you and any applicable regulator of a breach where we are legally required to do so. 

Please keep in mind that we occasionally update and change the security measures we employ. Also, no method of transmission over the Internet or method of electronic storage is 100% secure. As a result, although we strive to protect your Personal Data, we cannot promise or guarantee that such information will be immune from any wrongdoings, malfunctions, unlawful interceptions or access, or other kinds of abuse and misuse. 

If you suspect that the security of your interaction with us has been compromised (for instance, if you believe your account with us has been accessed without authorization), please don't hesitate to inform us immediately. You can do this by using the 'Contact Us' section below. Your prompt action can help us address the issue swiftly and effectively.

6. Privacy Information for Individuals in the EU/UK

6.1 Data Subject Rights

InteliGems Labs honours your rights and dominion over yourpersonal data. You are entitled to exercise any of the rights enumerated below:

6.1.1 Right to be Informed You have the right to be informed as to how we use your data and under what lawful basis we carry out any processing. This privacy promise sets this information out. However, if you would like further information or feel that your rights are not being respected, please get in contact with us using the details provided.

6.1.2 Right of Access You have the right to request access to a copy of your personal information that we hold about you, along with information on what personal data we use, why we use it, who we share it with, how long we keep it, and whenever it has been used for automated decision-making. You can make are quest for access free of charge, and proof of identity is required.

6.1.3 Right to Rectification: You possess the right to request that we rectify or update your personal data that is inaccurate or incomplete.

6.1.4 Right to Erasure: You possess the right to request deletion of your personal data.

6.1.5 Right to Restriction: You possess the right to request that we temporarily or permanently cease processing all or a portion of your personal data. This enables you to request us to suspend the processing of your Personal Data under the following scenarios:
(a) if you wish for us to ascertain the data’s accuracy;
(b) where our utilisation of the data is unlawful but you do not wish for us to erase it; (c) where you require us to retain the data even if we no longer need it as you need it to establish, exercise or defend legal claims; or
(d)you have objected to our utilisation of your data but we need to verify whether we have overriding legitimate grounds to use it.

6.1.6 Right to Object: You possess the right, at any time, to object to InteliGems Labs processing of your personal data on grounds relating to your particular situation; the right to object to your personal data being processed for direct marketing purposes. In certain cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

6.1.7 Right to Data Portability: You possess the right to request a copy of your personal data in electronic format and the right to request that we transmit that personal data for use in another party’s service. Note that this right solely applies to automated information which you initially provided consent for us to use or where we utilised the information to perform a contract with you.

6.1.8 Withdraw consent: At any time where we are relying on consent to process your Personal Data. However, this will not affect the lawfulness of any processing conducted before you withdraw your consent. If you withdraw your consent, we may be unable to provide certain products or services to you. We shall inform you if this is the case at the time you withdraw your consent.

Under certain circumstances, we may not be able to fulfil your request, such as if it conflicts with our regulatory obligations, affects legal matters, we cannot verify your identity, or it involves disproportionate cost or effort. Nonetheless, we shall respond to your request within a reasonable timeframe and provide you with an explanation. To make such a request for us, please email us at privacy@inteligems.io.

Please be aware that for personal data about you that we have obtained or received for processing on behalf of a separate, unaffiliated entity–which determined the means and purposes of processing, all such requests should be directed to that entity directly. We shall respond and support any instructions they provide us regarding your personal data.

6.2 Legal Framework and Purpose for Processing

InteliGems Labs processes personal data based on the legal framework provided under the EU General Data Protection Regulation (GDPR). The lawful bases for processing include:

6.2.1 Performance of a Contract: Processing personal data is necessary to perform a contract with the data subject, such as processing orders for products and services.

6.2.2 Legitimate Interests: At InteliGems Labs, we respect your privacy and process data based on our legitimate interests or those of a third party, always considering your interests and rights as a data subject. Examples include profiling for targeted advertisement and marketing, record-keeping, ensuring data accuracy, improving products and services, and investigating and defending against allegations or claims.

6.2.3 Compliance with Legal Obligations: Processing must comply with applicable legal and regulatory requirements, such as fraud detection, security, and monitoring compliance with policies and standards.

6.2.4 Consent: Processing may be based on the data subject's consent for promotional marketing purposes.
These lawful bases align with the purposes for processing personal data, which include responding to requests for information, managing registrations and accounts, processing orders, personalizing products and services, and complying with legal and regulatory requirements. 

For EEA/UK data subjects, our data protection officer may be reached at our principal place of business or by emailing privacy@inteligems.io.    
EEA/UK data subjects can complain to a supervisory authority concerning InteliGems Labs data processing activities.

7. Privacy Information for California Residents

If you are a California resident, California law requires us to provide you with some additional information regarding how we collect, use, and share your “personal information” (as defined in the California Consumer Privacy Act (“CCPA”)).

7.1 Categories of personal information we collect

 ‍Under the CCPA, we must provide you with the “categories” of personal information we collect. The categories we collect are:

 Categories
 Examples
 Identifiers
 Name, address, email address, phone number, job title, unique personal identifier, online identifier, IP address
 Personal information categories are listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).
 Name, address, telephone number, employment
 Commercial Information
 Transaction information, records of products or services purchased, obtained, or considered
 Recorded Information
 Recorded demos/sales calls
 Internet or other network activity information
 Website or Service Usage
 Geolocation data
 Country or location based on IP address or time zone
 Audio, visual
 Recorded demos/sales calls
 Professional or employment-related information
 Job title
 Inference data about you
 features we think would be of interest to you, persona roles

7.2 How we use and share these categories of personal information

We use and share the categories of personal information we collect from and about you that are consistent with the various business purposes we discuss throughout this Policy and depending on your relationship with InteliGems Labs. See the relevant section(s) above for more information.  

The CCPA sets forth specific obligations for businesses that “sell” personal information to third parties. We do not engage in such activity and have not in the past twelve months from the effective date of this Policy.

7.3 Your California Privacy Rights

As a California resident, it's crucial for you to understand that the CCPA grants you certain rights over your personal information. These rights are:  

7.3.1 Right to Know. You may request that we inform you about the categories and specific pieces of personal information we collect about you, the categories of sources of such personal information, the purpose for collecting such personal information, and the categories of third parties with whom we share/disclose such personal information. This Policy also outlines such information.  

7.3.2 Right to Access. You may request that we provide access to and/or a copy of certain personal information we hold about you.  

7.3.3 Right to Delete. You may request that we delete certain personal information we have about you.  

7.3.4 Right to Non-discrimination. You have the right not to be discriminated against for exercising your rights. Certain information may be exempt from such requests.  

Suppose you wish to exercise any of your rights under California law regarding your personal information. In that case, you can do so by submitting a request through the InteliGems Labs CCPA Consumer Rights Form or by contacting us directly at privacy@inteligems.io

7.3.6 We will take reasonable steps to verify your identity before responding to a request, which may include, at a minimum, verifying your name and email address. You can also designate an authorized agent to submit specific requests on your behalf. We may also follow up with you to verify your identity before processing the authorized agent's request.  

7.3.7 When we provide services to our Customers, InteliGems Labs operates as a 'service provider' under the CCPA. This means that any personal information we receive and collect from consumers is done on behalf of our Customers to facilitate the services. If you are an End User, please reach out to your Account owner(s) or administrator(s) for more information on how to exercise these rights.  

7.3.8 Shine the Light Disclosure. The California "Shine the Light" law gives residents of California the right under certain circumstances to request information from us regarding how we share specific categories of personal information (as defined in the Shine the Light law) with third parties for their direct marketing purposes. We do not share your personal information with third parties for their direct marketing purposes.

Contact Us

We welcome your comments and questions regarding our Policy. We have appointed a data protection team (hereafter: “DPO”) responsible for overseeing questions concerning this Policy. If you have any questions about this Policy, including any other inquiry regarding your privacy rights, please get in touch with the DPO using the details below. 

InteliGems Labs Inc.  
1887 Whitney Mesa Dr #1420  
Henderson, NV 890114-2069.  
privacy@inteligems.io 
 

If you are an EU resident, you have the right to make a complaint to the relevant supervisory authority at any time. However, we highly value your relationship with us and would appreciate the opportunity to address your concerns before you approach such authority. We encourage you to talk to us first, as your feedback is important to us. 

Data Processing Addendum

Last updated: May 29, 2024

This Data Processing Addendum (“DPA”) forms part of the agreement between InteliGems Labs and its customers (“Customer”) and governs the processing of data by InteliGems Labs on behalf of its customers. By agreeing to InteliGems Labs’ services, the Customer agrees to comply with the terms of this DPA.

1. Definitions

1.1 "Data Processor" refers to the user's data that InteliGems processes in the applications.

1.2 "Processing" means any operation by InteliGems performed on Data, such as collection, recording, organization, storage, adaptation, retrieval, use, disclosure, dissemination, or destruction.

1.3 "Data Controller" means any information or data owned by an individual user.

1.4 "Services" refer to Odyssey and Versational products InteliGems Labs provides.

2. Roles and Responsibilities

2.1 Data Controller: The Customer is the Data Controller and retains control over the personal data processed through the InteliGems platform. The Customer is responsible for ensuring compliance with applicable data protection laws and regulations.

2.2 Data Processor: InteliGems Labs acts as the Data Processor and processes personal data on behalf of the Customer. InteliGems will process personal data only in accordance with the Customer’s instructions and for the purposes outlined in this DPA.

3. Data Processing

3.1 Purpose
InteliGems Labs processes data provided by the Customer to provide and improve the Services.

3.2 Scope
Data processed by InteliGems Labs may include meeting recordings, Audio, Video, Documents, Graphs, frameworks, user interactions, and any other data necessary for the provision of the Services. InteliGems Labs will process data when the Customer accepts the terms for providing services.

4. Confidentiality and Security Measures

4.1 InteliGems Labs will ensure that persons authorized to process Data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.

4.2 InteliGems Labs will implement appropriate technical and organizational measures to ensure security appropriate to the risk, including data encryption in transit and at rest.

4.3 InteliGems Labs will assist the Customer in ensuring compliance with obligations relating to data protection impact assessments, data subject rights, and security incident notification requirements.

5. Data Subject Rights

5.1 InteliGems Labs will assist the Customer in responding to requests from data subjects seeking to exercise their rights under applicable data protection laws.

5.2 If InteliGems Labs receives a request from a data subject directly, it will promptly notify the Customer and follow the Customer's instructions regarding responding.

6. Subprocessing

6.1 InteliGems Labs may engage sub-processors to process non-private data and provide the service to you through InteliGems Labs. Sub-processors cannot access private data and are bound by written agreements that impose data protection obligations consistent with this DPA.

6.2 Notification: InteliGems Labs will notify the Customer of any intended changes to sub-processors, allowing the Customer to object to such changes.

7. Data Breach Notification

InteliGems Labs will promptly notify the Customer of any confirmed or reasonably suspected breach of security leading to the accidental or unlawful destruction, loss, alteration, or unauthorized disclosure of, or access to, their Data.

8. Data Transfer Handling

8.1 The Data Processor stores only the necessary data to provide the service. SAS customers' private data is hosted with AWS in the US. Alternatively, enterprise customers' data is hosted in the same country as the organization.

8.2 InteliGems Labs is secured through AES 256 encryption, following data protection laws. The Data Processor does not transfer the controller's data unless specifically requested by the controller.

9. Audits and Inspections

9.1 InteliGems Labs will make all information available to the Customer to demonstrate compliance with its obligations under this DPA and applicable data protection laws.

9.2 InteliGems Labs will allow for and contribute to audits, including inspections conducted by the Customer or an independent auditor mandated by the Customer, concerning the processing of Data.

10. Term and Termination

10.1 Term: This DPA will remain in effect for the duration of the agreement between the Customer and InteliGems Labs.

10.2 Termination: Upon termination of the agreement, InteliGems labs will cease processing your data and delete or return all data to the Customer unless otherwise required by law.


This DPA is subject to the terms and conditions of the InteliGems Labs Data Usage Policy and any other applicable agreements between InteliGems Labs and its Customers.