Engage Smarter Platform Privacy Policy

Introduction

This policy (together with our Terms of Use) set out at https://alpha.platform.engagesmarter.ai/terms (Terms of Use) applies to your use of:

• The Engage Smarter Platform (Platform).

• Any of the services accessible through the Platform or other sites of ours (Services). This policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Our Services are not intended for children and we do not knowingly collect data relating to children. Please read the following carefully to understand our practices regarding your personal data and how we will treat it.

Important information and who we are

Engage Smarter Ltd is the controller and is responsible for your personal data (collectively referred to as "Company", "we", "us" or "our" in this policy).

If you have any questions about this privacy policy, please contact us using the details set out below.

Contact details

Our full details are:

• Full name of legal entity: Engage Smarter Ltd

• Email address: privacy@engagesmarter.ai

You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK regulator for data protection issues https://ico.org.uk/make-a-complaint.

Changes to the privacy policy and your duty to inform us of changes

We keep our privacy policy under regular review and may amend it from time to time.

This version was last updated on 3 March 2024. It may change and if it does, these changes will be posted on this page and, where appropriate, notified to you by email or when you next use the Platform or Services. The new policy may be displayed on-screen and you may be required to read and accept the changes to continue your use of the Platform or the Services.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during our relationship with you.

Third party links

Our Services may, from time to time, contain links to and from the websites of our partner networks and affiliates. Please note that these websites and any services that may be accessible through them have their own privacy policies and that we do not accept any responsibility or liability for these policies or for any personal data that may be collected through these websites or services. Please check these policies before you submit any personal data to these websites or use these services.

The data we collect about you

We may collect, use, store and transfer different kinds of personal data about you as follows:

• Identity Data.

• Contact Data.

• Financial Data.

• Transaction Data.

• Conversation Data.

• Profile Data.

• Usage Data.

• Marketing and Communications Data.

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific Platform 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 in accordance with this privacy policy.

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

How is your personal data collected?

We will collect and process the following data about you:

• Information you give us. This is information (including Identity, Contact, Financial, Conversation and Marketing and Communications Data) you consent to giving us about you by filling in forms on our Services, or by corresponding with us (for example, by email or chat). It includes information you provide when you register to use the Platform, share data via the Platform, enter a competition, promotion or survey and when you report a problem with the Platform or our Services. If you contact us, we will keep a record of that correspondence.

• Information we collect about you and your device. Each time you visit our Platform we will automatically collect personal data including Conversation and Usage Data.

Cookies

We use cookies and/or other tracking technologies to distinguish you from other users of the Platform or Services and to remember your preferences. This helps us to provide you with a good experience when you use the Platform or Services and also allows us to improve the Platform and Services. For detailed information on the cookies we use, the purposes for which we use them and how you can exercise your choices regarding our use of your cookies, see our cookie policy.

Conversation Data

Collecting Conversation Data: When you use our Services to interact with any of our AI Agents or tools, we collect and process the Conversation Data. This Conversation Data consists of the requests you make (’Inputs’) and the responses from our AI Agents and Tools (’Outputs’). We need to collect and process this data in order to provide you with the Outputs from our Services.

Conversation Data is pseudo-identifiable: This Conversation Data is linked to your account using your randomised user identifier. Whilst the Conversation Data is not directly identifiable to you, an attacker with access to the User ID records could link this data to you. The Conversation Data is therefore potentially identifiable to you.

Scrubbing of Personal Data: When you use our Services and create Conversation Data, we use personal data identification tools (PII Scrubbers) to try to identify Personally Identifiable Information that you or end users may inject into the conversation Input. The PII Scrubbers are there to help discourage, and reduce the likelihood that Personally Identifiable Information is added into the Conversation Data by accident. However, no PII Scrubbing technology is 100% foolproof.

Anonymized Conversation Data for Moderation: We sample Conversation Data to be used for the purposes of Moderation. Moderation is our process of monitoring, measuring and improving our Services such as our AI Agents. This process aims to provide higher quality and more accurate Outputs for all users of our Services. We use sampled anonymised real Conversation Data and synthetic Conversation Data for Moderation.

Erasure of Identifiable Conversation Data. You have a right to request that we erase your identifiable Conversation Data. There is no way of recovering this Conversation Data to your account after this erasure. When we received this request we will either de-identify and anonymise Conversation Data the purposes of Moderation and improving our Services, or we will fully delete the Conversation Data if there is a risk of any identifiable elements remaining within the Conversation Data itself.

Conversation Data visible within your organisation. Your Conversation Data may be viewable to other users in your organisation. Within an organisation there is no separate access rights for different users.

How we use your personal data

We will only use your personal data when the law allows us to do so. Most commonly we will use your personal data in the following circumstances:

• Where you have consented before the processing.

• Where we need to perform a contract we are about to enter or have entered with you.

• Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.

• Where we need to comply with a legal or regulatory obligation.

We will only send you direct marketing communications by email or text if we have your consent. You have the right to withdraw that consent at any time by contacting us.

We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.

Purposes for which we will use your personal data

Purpose/activity	Type of data	Lawful basis for processing
To use the Platform and register you as a new Platform user	Identity Contact Financial Device	Your consent Performance of a contract with you
To process in-Platform purchases and deliver Services including managing payments and collecting money owed to us	Identity Contact Financial Transaction	Your consent Performance of a contract with you Necessary for our legitimate interests (to recover debts due to us)
To manage our relationship with you including notifying you of changes to the Platform or any Services	Identity Contact Financial Profile Marketing and Communications	Your consent Performance of a contract with you Necessary for our legitimate interests (to keep records updated and to analyse how customers use our products/ Services) Necessary to comply with legal obligations (to inform you of any changes to our terms and conditions)
To enable you to participate in a prize draw, competition or complete a survey	Identity Contact Device Profile Marketing and Communications	Your consent Performance of a contract with you Necessary for our legitimate interests (to analyse how customers use our products/Services and to develop them and grow our business)
To administer and protect our business and this Platform including troubleshooting, data analysis and system testing	Identity Contact Device	Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security)
To make recommendations to you about goods or services which may interest you To measure and analyse the effectiveness of the advertising we serve you To monitor trends so we can improve the Platform	Identity Contact Device Content Profile Usage Marketing and Communications	Consent Necessary for our legitimate interests (to develop our products/Services and grow our business)

Disclosures of your personal data

When you consent to providing us with your personal data, we will also ask you for your consent to share your personal data with the third parties set out below for the purposes set out in the table [Purposes for which we will use your personal data]:

• Third Parties as set out in the [Glossary].

• Third parties to whom we may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy policy.

International transfers

We do not transfer your personal data outside the UK or European Economic Area.

Data security

All information you provide to us is stored on secure servers. Any payment transactions carried out by us or our chosen third-party provider of payment processing services will be encrypted. Where we have given you (or where you have chosen) a password that enables you to access certain parts of the Platform or Services, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

Once we have received your information, we will use strict procedures and security features to try to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator when we are legally required to do so.

Data retention

By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they cease being customers.

In some circumstances you can ask us to delete your data: see Your legal rights below for further information.

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

In the event your Terms of Use terminate we may delete Conversation Data stored on the Platform.

Your legal rights

Under certain circumstances you have the following rights under data protection laws in relation to your personal data.

Please click on the links below to find out more about these rights:

Request access to your personal data.

Request correction of your personal data.

Request erasure of your personal data.

Object to processing of your personal data.

Request restriction of processing your personal data.

Request transfer or your personal data.

Right to withdraw consent.

You also have the right to ask us not to continue to process your personal data for marketing purposes.

You can exercise any of these rights at any time by contacting us at privacy@engagesmarter.ai.

Glossary

Lawful basis

Consent means processing your personal data where you have signified your agreement by a statement or clear opt-in to processing for a specific purpose. Consent will only be valid if it is a freely given, specific, informed and unambiguous indication of what you want. You can withdraw your consent at any time by contacting us.

Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data 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). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.

Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

Comply with a legal obligation means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.

Third parties

• Service providers based in United Kingdom who provide IT, hosting and system administration services.

• Professional advisers (acting as processors or joint controllers) including lawyers, bankers, auditors and insurers based in the United Kingdom who provide consultancy, banking, legal, insurance and accounting services.

• HM Revenue and Customs, regulators and other authorities acting as processors or joint controllers based in the United Kingdom who require reporting of processing activities in certain circumstances.

Your legal rights

You have the right to:

• Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

• Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

• Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

• Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

• Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:

  • a. if you want us to establish the data's accuracy;

  • b. where our use of the data is unlawful but you do not want us to erase it;

  • c. where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or

  • d. you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

• Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

• 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 carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

Description of categories of personal data

• Identity Data: first name, last name, maiden name, username or similar identifier, marital status, title, date of birth, gender.

• Contact Data: billing address, delivery address, email address and telephone numbers.

• Financial Data: bank account and payment card details.

• Transaction Data: includes details about payments to and from you.

• Usage Data: includes details of your use of the Platform.

• Marketing and Communications Data: includes your preferences in receiving marketing from us and our third parties and your communication preferences.

• Conversation Data: includes information you have stored on the Platform. When you use our Services to interact with any of our AI Agents or tools, we collect and process the Conversation Data. This Conversation Data consists of the requests you make (’Inputs’) and the responses from our AI Agents and tools (’Outputs’). We need to collect and process this data in order to provide you with the Outputs from our Services.