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REPLICANT PRIVACY POLICY

Effective Date: September 1, 2023



1.0 INTRODUCTION

Replicant is a technology company headquartered in San Francisco, CA, which
focuses on providing services to enterprise contact centers.

For more information about our services, please refer to our website:

 * replicant.com

This Privacy Policy is applicable to Replicant (“we,” “our,” or “us”) as related
to our services, which collectively include:

 * the use of replicant.com (“website”)
 * the use of the application website replicant.ai (“application”)
 * social media messages and marketing campaigns and
 * the use of our products and services.

This Privacy Policy sets out the essential details relating to your personal
data relationships with Replicant as:

 * A website visitor
 * An end user of the application (“end user”)
 * A prospective client
 * A job applicant and
 * Partners

Clients contract the use of our application and give access to their employees
and other third parties, as solely decided by them, by creating users who access
the application via their identity provider and unique credentials respectively.
The clients’ administrators grant end users roles, which result in different
permissions and access rights to the information held in the Client account.


2.0 PERSONAL INFORMATION WE COLLECT


INFORMATION YOU CHOOSE TO PROVIDE TO US

WHEN

We may ask you to provide personal information when:

 * You use the website to download articles, data sheets or eBooks.
 * You request a free trial or demo.
 * You refer a friend to us.
 * You connect with us directly via phone calls or video conferencing platforms.
 * We or Client Account Administrators grant you access to the application.
 * You or Client Account Administrators upload or enter personal information
   into the application.
 * You participate in a marketing or sales promotion.
 * You attend trade events and other industry networking events.
 * You register or attend a webinar or other event.
 * You participate in programs we may offer from time to time.
 * You participate in chats.
 * You pay for our services.

If you choose to provide us with a third-party’s personal information (the
person’s name, email and company) when taking part in our referral program, you
represent that you have the third-party’s permission to do so.

Personal data we collect about you Collected directly from you when you engage
with Replicant and as part of signing up to the Replicant Service Category
Description Engagement Data Personal data that we need to contact and engage
with and identify you, that may include first and last name, business email
address, phone number and/or company name. End User Data Personal data that we
need to create your Replicant customer account profile and that enables you to
use the Replicant Service, that may include your name, business email address
and any comments you make in the application. Optional Customer Data We may
collect data uploaded by you, your employer or other users of the application
that may be required to use Replicant services. We expect all users to follow
their organization’s privacy policy and any applicable regulatory requirements
when uploading, accessing and using personal information into our application.
The data uploaded may include personal information like:



 

Employee names, email addresses and contractual agreements

Customer names, phone numbers, physical address and/or email addresses used to
provide services within Replicant’s platform.

Personal data collected automatically about your visits to our website(s),
application and platform, and through call recordings Usage, Log, and Device
Information We collect information from your use of or interaction with the
Website such as system activity, hardware settings, browser type, browser
language, the date and time of your visit, and the referral URL. We monitor user
activity in connection with the Website and may collect information about the
features you use, the Content you upload, download, share, or access while using
the Replicant Service, the Content you access, and any actions taken in
connection with the access and use of your Content in the Replicant Service.
When you interact with the Product by calling Replicant customers, we also
collect your phone number, call duration, call content, call history and other
information applicable to the provision of the Replicant Service to our
customers. Information Collected by Cookies and Other Tracking Technologies A
cookie is a small file containing a string of characters that is sent to your
computer when you visit a website. When you visit the website again, the cookie
allows that site to recognize your browser. Cookies may store user preferences
and other information. You can set your browser to refuse all cookies or to
indicate when a cookie is being sent. However, some website features or services
may not function properly without cookies. We use cookies to understand and save
your preferences for future visits and compile aggregate data about site traffic
and site interaction so that we can offer better site experiences and tools in
the future. We may contract with third-party service providers to assist us in
better understanding our site visitors. These service providers are not
permitted to use the information collected on our behalf except to help us
conduct and improve our business. Phone Calls All calls which interact with the
Replicant Product are recorded by our system and stored. If you discuss personal
information during these calls, this information will be recorded.


3.0 HOW WE USE PERSONAL INFORMATION

The table below sets out:

 * our purpose for processing your personal data
 * our legal justifications (each called a ‘legal basis’) under data protection
   law, for each purpose
 * categories of personal data which we use for each purpose. See more about
   these categories in Section 2 “Personal Information We Collect”

Here is a general explanation of each ‘legal basis’ to help you understand the
table:

 * Performance of a Contract: When it’s necessary for Replicant (or a third
   party) to process your personal data to:
   * comply with obligations under a contract with you. This includes
     Replicant’s obligations under any contract to provide the Replicant Service
     to you, or
   * verify information before a new contract with you begins.
 * Legitimate Interest: When Replicant or a third party has an interest in using
   your personal data in a certain way, which is necessary and justified
   considering any possible risks to you and other Replicant Service users. For
   example, using your Usage, Log and Device Information to improve the
   Replicant Service for all users. Contact us if you want to understand a
   specific justification.
 * Consent: When Replicant asks you to actively indicate your agreement to
   Replicant’s use of your personal data for a certain purpose.
 * Compliance with Legal Obligations: When Replicant must process your personal
   data to comply with a law.

Purpose for processing your data Legal basis that permits the purpose Categories
of personal data used for the purpose To provide the Replicant Service in
accordance with our contract with you.



For example, when we use your personal data to:

set up an account for you; or

personalize your account.

Performance of a Contract Engagement Data



End User Data

Usage, Log, and Device Information

Phone Calls

Send you technical notices, updates, security alerts, and support and
administrative messages Legitimate Interests Engagement Data



End User Data

Usage, Log, and Device Information

Provide and deliver the services and features you request, process, and complete
transactions, and send you related information, including purchase confirmations
and invoices; Performance of a Contract



Legitimate Interest

Engagement Data



End User Data

Usage, Log, and Device Information

Phone Calls

Respond to your comments, questions, and requests, and provide customer service
and support; Performance of a Contract



Legitimate Interest

Engagement Data



Usage, Log, and Device Information

End User Data

Communicate with you about services, features, surveys, newsletters, offers,
promotions, events, and provide other news or information about Replicant and
our select partners, and process and deliver survey entries and rewards;
Legitimate Interest (for marketing, promotion and advertising purposes etc.
where the law does not require consent).



For example, when we use your personal data to tailor advertising to your
interests.

 

Consent or marketing or advertising where the law requires us to collect your
consent.

For example, when we use cookies to understand your interests or the law
requires consent for email marketing.

Engagement Data



End User Data

Usage, Log, and Device Information

Phone Calls

Investigate and prevent fraudulent transactions, unauthorized access to the
Replicant Service, and other illegal activities, to keep the Replicant Service
secure and to detect and prevent fraud.



For example, when we analyse Usage Data to check for fraudulent use of the
Replicant Service.

Legitimate Interest



Our legitimate interests here include protecting the Replicant Service and our
users against fraud and other illegal activity.

Engagement Data



End User Data

Optional Customer Data

Usage, Log, and Device Information

Information Collected by Cookies and Other Tracking Technologies

Phone Calls

Personalize and improve the Replicant Service, and provide content and/or
features that match your interests and preferences or otherwise customize your
experience on the Replicant Service



To evaluate and develop new features, technologies, and improvements to the
Replicant Service.

Legitimate Interest



Our legitimate interests here include developing and improving products and
features for our users.

Engagement Data



End User Data

Optional Customer Data

Usage, Log, and Device Information

Information Collected by Cookies and Other Tracking Technologies

To comply with a legal obligation that we are subject to.



This might be an obligation under the law of the country / region you are in.

Compliance with legal obligations Engagement Data



End User Data

Optional Customer Data

Usage, Log, and Device Information

Information Collected by Cookies and Other Tracking Technologies

Phone Calls

To diagnose, troubleshoot, and fix issues with the Replicant Service.
Performance of a Contract Engagement Data



End User Data

Usage, Log, and Device Information

To comply with a request from law enforcement, courts, or other competent
authorities. Compliance with legal obligations, and legitimate interest Our
legitimate interests here include assisting law enforcement authorities to
prevent or detect serious crime. Engagement Data



End User Data

Optional Customer Data

Usage, Log, and Device Information

Information Collected by Cookies and Other Tracking Technologies

Phone Calls

To establish, exercise, or defend legal claims.



For example, if we are involved in litigation and we need to provide information
to our lawyers in relation to that legal case.

Legitimate Interest



Our legitimate interests here include:

seeking legal advice

protecting ourselves, our users or others in legal proceedings

Engagement Data



End User Data

Optional Customer Data

Usage, Log, and Device Information

Information Collected by Cookies and Other Tracking Technologies

Phone Calls

In the event that we are involved in a merger, acquisition, restructuring,
bankruptcy, or sale of all or some of our assets, we will share your information
with the successor entities or new owners in connection with the transaction in
accordance with applicable data protection laws. Legitimate Interest Engagement
Data



End User Data

Optional Customer Data

Usage, Log, and Device Information

Information Collected by Cookies and Other Tracking Technologies

Phone Calls


4.0 HOW WE SHARE PERSONAL INFORMATION


OUR APPLICATION AND SERVICES

We will not share personal information about you or any Content with any third
parties except as described in this Privacy Policy, or as defined in an
agreement with us, in connection with the Replicant Service. For example, we may
share personal information about you.


EXAMPLES

We use third parties to help us provide our services. They will have access to
your information as collected by the website or the application, as reasonably
necessary to perform the contracted tasks on our behalf. We sign contractual
agreements to obligate them to protect the personal information, only use it to
deliver the contracted services to us, prohibit them from selling it and not
disclose it without our knowledge and permission.

 * To Vendors, Consultants, and Other Service Providers: We may share your
   information with third-party vendors, consultants, and other service
   providers who are working on our behalf and require access to your
   information to carry out that work, such as to process billing or as it
   relates to a Product feature. These service providers are authorized to use
   your personal information only as necessary to provide services to Replicant.
 * In Compliance with Laws: We may disclose your information to a third party:
   (a) if we believe that disclosure is reasonably necessary to comply with any
   applicable law, regulation, legal process, or governmental request; (b) to
   enforce our agreements and policies;
 * (c) to protect the security or integrity of the Replicant Service; (d) to
   protect Replicant, our customers, or the public from harm or illegal
   activities; (e) to respond to an emergency which we believe in the good faith
   requires us to disclose information to assist in preventing the death or
   serious bodily injury of any person; or (f) as otherwise directed by you.
 * For Business Transfers: We may share or transfer your information in
   connection with, or during negotiations of, any merger, sale of company
   assets, financing, or acquisition of all or a portion of our business to
   another company. You may be notified thereafter via email of any such change
   in ownership or control of your personal information.
 * As Aggregated and/or Anonymized Data: We may also share aggregated and/or
   anonymized information with third parties that do not directly identify you.


5.0 HOW WE SECURE PERSONAL INFORMATION

We are committed to protecting the security of all of the personal information
we collect and use.

We use a variety of physical, administrative and technical safeguards designed
to help protect it from unauthorized access, use and disclosure. We have
implemented best-practice standards and controls in compliance with
internationally recognized security frameworks. We use encryption technologies
to protect data at rest and in transit.

If you have any questions about the security of your personal information, you
can contact us at privacy@replicant.com


6.0 TRANSFER TO OTHER COUNTRIES

Because of the global nature of our business, Replicant shares personal data
internationally with subcontractors (subprocessors) and partners when carrying
out the activities described in this Policy. They may process your data in
countries whose data protection laws are not considered to be as strong as EU
laws or the laws which apply where you live.

For example, they may not give you the same rights over your data.

Whenever we transfer personal data internationally, we use tools to:

 * make sure the data transfer complies with applicable law; and
 * help to give your data the same level of protection as it has in the EU

To ensure each data transfer complies with applicable EU legislation, we use the
following legal mechanisms:

Standard Contractual Clauses (‘SCCs’). These clauses require the other party to
protect your data and to provide you with EU-level rights and protections. For
example, we use SCCs to transfer the personal data described in Section 2
“Personal Information We Collect” to our website or platform provider which uses
servers in the US. You can exercise your rights under the Standard Contractual
Clauses by contacting us or the third party who processes your personal data.

Adequacy Decisions. This means that we transfer personal data to countries
outside of the European Economic Area which have adequate laws to protect
personal data, as determined by the European Commission. For example, we
transfer the personal data described in Section 2 “Personal Information We
Collect” to vendors based in the United Kingdom, Canada, Japan, Republic of
Korea and Switzerland.

We also identify and use additional protections as appropriate for each data
transfer. For example, we use technical protections, such as encryption and
pseudonymization.


7.0 YOUR RIGHTS

We provide the same suite of services to all of our clients and end users
worldwide.

We offer the following rights to all individuals regardless of their location or
applicable privacy regulations. For personal information we have about you, you
can:

Right Description Be informed Be informed of the personal data we process about
you and how we process it. Access Request access to the personal data we process
about you. Rectification Request that we amend or update your personal data
where it’s inaccurate or incomplete. Erasure Request that we erase certain of
your personal data.
For example, you can ask us to erase personal data:



 * that we no longer need for the purpose it was collected for
 * that we process based on the legal basis of consent, and you withdraw your
   consent
 * when you object (see section ‘Object’ below) and
   * you make a justified objection, or
   * you object to direct marketing

There are situations where Replicant is unable to delete your data, for example
when:

 * it’s still necessary to process the data for the purpose we collected it for
 * Replicant’s interest in using the data overrides your interest in having it
   deleted. For example, where we need the data to protect our services from
   fraud
 * Replicant has a legal obligation to keep the data, or

Replicant needs the data to establish, exercise or defend legal claims. For
example, if there’s an unresolved issue relating to your account

Restriction Request that we stop processing all or some of your personal data.
You can do this if:



 * your personal data is inaccurate
 * our processing is unlawful
 * we do not need your information for a specific purpose, or

you object to our processing and we are assessing your objection request. See
section ‘Object’ below

Object Object to us processing your personal data.
You can do this if:Replicant is processing your personal data on the legal basis
of legitimate interests, or Replicant is processing your personal data for
tailored advertising. Data portability Request a copy of your personal data in
electronic format and the right to transmit that personal data for use in
another party’s service.



You can request us to transmit your data when we are processing your personal
data on the legal bases of consent or performance of contract. However Replicant
will try to honour any request to the extent possible.

Not be subject to automated decision making Not be subject to a decision based
solely on automated decision making (decisions without human involvement),
including profiling, where the decision would have a legal effect on you or
produce a similarly significant effect. Withdrawal of consent Withdraw your
consent to us collecting or using your personal data. You can do this if
Replicant is processing your personal data on the legal basis of consent. Right
to lodge a complaint Contact the relevant data protection supervisory authority
about any concerns you may have regarding our data processing.


8.0 HOW LONG WE KEEP YOUR PERSONAL INFORMATION

We retain information as long as it is necessary to provide the services to you
and our clients, subject to any legal obligations to further retain such
information.

We may also retain information to comply with the law, prevent fraud, collect
fees, resolve disputes, troubleshoot problems, assist with investigations,
enforce our Terms of Service and take other actions permitted by law.

The information we retain will be handled following this Privacy Policy.

Information connected to you that is no longer necessary and relevant to provide
our services may be de-identified or aggregated with other non-personal data.
This information may provide insights that are commercially valuable to
Replicant, such as statistics of the use of the services.


9.0 OTHER IMPORTANT INFORMATION

We process data in the Continental United States and rely on legally-provided
mechanisms to lawfully transfer data across borders, such as contracts
incorporating data protection and sharing obligations. We provide the capability
for the return, transfer and/or disposal of personal data in a secure manner.

We will only collect and process your personal data where we have a lawful
reason for its collection.

When you visit our website and provide us with your personal information, we
collect and use it with your consent.

As an application end user, you consent to our collection of your personal
information when you log in for the first time. However, your employer has
control of the account and may upload and share additional personal information.
Your employer’s responsibility is to ensure that collecting, using and sharing
the personal information uploaded to the application complies with all
applicable legislation.

You can review the terms and conditions of use here:
www.replicant.com/legal/terms-of-service

Where we rely on your consent to process personal data, you have the right to
withdraw or decline your consent at any time. If you have any questions about
the lawful bases upon which we collect and use your personal data, please
contact us at privacy@replicant.com.


HOW TO SELECT YOUR COMMUNICATIONS PREFERENCES

You may choose to receive or not receive marketing communications from us.
Please click the “Unsubscribe” link in the email we sent you to stop receiving
marketing communications.

You may choose which information we collect automatically from your device by
controlling cookie settings on your browser.

Even if you opt-out of receiving marketing communications, we may still
communicate with you regarding security and privacy issues, servicing your
account, fulfilling your requests, or administering any promotion or any program
in which you may have elected to participate.


10.0 CONTACT INFORMATION

You may contact us to exercise any of your rights or ask for more information
about your personal information and our privacy practices by contacting us at
privacy@replicant.ai or to:

Replicant Solutions, Inc. 1 Letterman Drive #3500 San Francisco, CA, 94129.


APPENDIX


A.1 FOR INDIVIDUALS BASED IN CALIFORNIA

This section provides additional specific information for consumers based in
California as required by the California Consumer Privacy Act of 2018 (“CCPA”).


A.1.1 COLLECTION AND USE OF PERSONAL INFORMATION

In the last 12 months, we have collected the following categories of personal
information:

 * Identifiers, such as your name, mailing address, email address, zip code,
   telephone number or other similar identifiers
 * California Customer Records (Cal. Civ. Code § 1798.80(e)), such as username
   and password, company name, job title, business email address and department
 * Internet or network information, such as your browsing history, log and
   analytics data, information about the device(s) used to access the services
   and information regarding your interaction with our websites or services and
   other usage data
 * Geolocation data, such as information about your location (at country and
   city level) collected from your IP address
 * Sensory Information, the content, audio and video recordings of conference
   calls between you and us that we record where permitted by you and/or the law
 * Profession/employment information that you send to us when applying for a
   position included in your CV and cover letter
 * Other personal information, such as personal information you provide to us in
   relation to a survey, comment, question, request, article download or inquiry
   and any other information you upload to our application

We collect personal information directly from you, from your browser or device
when you visit our websites, from third parties that you permit to share your
information or from third parties that share public information about you, as
stated above.

See the section above, “How We Use Personal Information,” to understand how we
use the personal information collected from California consumers.


A.1.2 RECIPIENTS OF PERSONAL INFORMATION

We share personal information with third parties for business purposes. The
categories of third parties to whom we disclose your personal information may
include: (i) our service providers and advisors, (ii) marketing and strategic
partners; (iii) ad networks and advertising partners; (iv) analytics providers;
and (v) social networks.

Please see the “How We Share Information” section of the Privacy Policy above
for more information.


A.1.3 CALIFORNIA PRIVACY RIGHTS

As a California resident, you may be able to exercise the following rights in
relation to the personal information about you that we have collected (subject
to certain limitations at law):

 * The right to know any or all of the following information relating to your
   personal information that we have collected and disclosed in the last 12
   months (upon verification of your identity):
   * The specific pieces of personal information we have collected about you
   * The categories of personal information we have collected about you
   * The categories of sources of the personal information
   * The categories of personal information that we have disclosed to third
     parties for a business purpose, and the categories of recipients to whom
     this information was disclosed
   * The categories of personal information we have sold and the categories of
     third parties to whom the information was sold, and
   * The business or commercial purposes for collecting or selling the personal
     information.
 * The right to request deletion of personal information we have collected from
   you, subject to certain exceptions.
 * The right to opt-out of personal information sales to third parties now or in
   the future. However, we do not sell your personal information.

You also have the right to be free of discrimination for exercising these
rights.

Please note that if exercising these rights limits our ability to process
personal information (such as a deletion request), we may no longer be able to
provide you with our products and services or engage with you in the same
manner.


A.1.4 HOW TO EXERCISE YOUR CALIFORNIA CONSUMER RIGHTS

To exercise your right to know and/or your right to deletion, please submit a
request by contacting us at privacy@replicant.ai or to:

Replicant Solutions, Inc. 1 Letterman Drive #3500 San Francisco, CA, 94129.

We will need to verify your identity before processing your request.

In order to verify your identity, we will generally require sufficient
information from you so that we can match it to the information we maintain
about you in our systems. Sometimes we may need additional personal information
from you to be able to identify you. We will notify you.

We may decline a request to exercise the right to know and/or right to deletion,
particularly where we cannot verify your identity or locate your information in
our systems or as permitted by law.

You may choose to designate an authorized agent to make a request under the CCPA
on your behalf. No information will be disclosed until the authorized agent’s
authority has been reviewed and verified. Once an authorized agent has submitted
a request, we may require additional information (i.e., written authorization
from you) to confirm the authorized agent’s authority.

If you are an employee/former employee of a Replicant client that uses our
application and services, please direct your requests and/or questions directly
to your employer or former employer.

If you are a third party (auditor, business associate, etc.), who was given
access to the Replicant application by a Replicant client, please direct your
requests and/or questions directly to the Replicant client that gave you access.


MINORS UNDER AGE 16

Our application and services are intended for business use, and we do not expect
them to be of any interest to minors. We do not intentionally collect any
personal information of consumers below the age of 16. We do not sell the
personal information of California consumers.

Stay up to date with us

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Resolve Rewind
Cocktails + CX Insights

Join us on November 16th at 5pm EST for a virtual event where we pair a mixology
course with a panel discussing the top AI & automation strategies that were
shared at Resolve 2023

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