•  PRIVACY POLICY

     

    Last updated February 7, 2023

     

    This Privacy Policy outlines the practices of OverQuota Inc. ("OverQuota," "we," "our," or "us") regarding the collection, usage, and disclosure of information from users of the OverQuota website (https://www.overquota.ai, https://app.overquota.ai) and the Services, including the application "OverQuota." The information we receive about you can come from various sources, such as your user account on the Services (when you register), your general use of the Services, and third-party websites and services. By using the Services, you are giving your consent to the collection, transfer, manipulation, storage, disclosure, and other usage of your information as outlined in this Privacy Policy. If you do not agree with our policies and practices, please do not use the Services. If you have any questions or concerns, please reach out to us at info@overquota.ai.

    This Privacy Policy Covers:

    This Privacy Policy governs how we handle personally identifiable information ("Personal Information") collected when you use or access our Services. It also applies to the treatment of Personal Information that our business partners may share with us or that we may share with them. These business partners include brands offering their own products and services through our Services.

    This Privacy Policy is not applicable to the practices of companies or entities that we do not own or control. This includes, but is not limited to, any of our business partners or websites, services, and applications provided by third parties that you access through the Services. Although we try to provide access only to those third-party services that respect your privacy, we have no control over, do not monitor, and cannot take responsibility for these third-party services, their content, or their privacy policies. We advise you to carefully review the privacy policies of any third-party services you choose to access.

    The Information We Collect and How That Information is Used:

    The information we gather enables us to personalize, improve and continue to operate the Services. In connection with certain aspects of the Services, we may request, collect and/or display some of your Personal Information. In Short: We collect personal information that you provide to us.

    OverQuota may collect personal information such as names, email addresses, job titles, usernames, passwords, and contact information. This information may be obtained through services you connect to OverQuota. If you connect OverQuota to third-parties, we will request access to certain data on your behalf. Audio recordings will be collected through the OverQuota service, and users are required to obtain consent before sharing personal information. Registered users can access and edit their information by logging into the Services.

    Personal Information Provided by You. The personal information that we collect depends on the context of your interactions with us and the Services, the choices you make, and the products and features you use.

    Account Information:

    By creating an account on the Services and providing personal information, such as your username, password, and email address, you allow others, including us, to identify you and therefore may no longer be anonymous. This information may be considered personal to you. We may use your contact information to send you messages about our Services and may continue to send you non-marketing emails, such as those related to your account and our business dealings with you, even if you unsubscribe from marketing emails by clicking the link at the bottom of the emails.

    The Services allow users to sign in and create an account by using their identification and login credentials from accounts like Google, Outlook, Salesforce, Hubspot, Zoom, etc. (each referred to as a "Third Party Account"). By logging in through a Third Party Account, you grant the Services access to your information and you agree to the terms of use of the Third Party Account while using the Services. We may receive information from these Third Party Accounts, which may then be imported into the Services (either as part of your profile or otherwise). The way we use information from a Third Party Account is based on the policies and privacy settings selected through the Third Party Account, so it's important to review those policies and settings.

    You acknowledge and agree that you are solely responsible for your use of your Third Party Account and that it is your responsibility to review the terms of use and privacy policy of each Third Party Account. We will not be liable for: (i) the availability or accuracy of your Third Party Account; (ii) the content, products or services on or available on your Third Party Account or (iii) your use of your Third Party Account.

    Information you provide to us:

    When you use the Services, you may provide us with your audio recordings ("Audio Recordings") and any text, images or videos that you upload or provide to us in the context of the Services. We also collect information that you include in your profile, such as your photo and name.

    Information you provide us about others:

    If you choose to collaborate with others, or refer us to them, you provide us with the email address and contact information of your co-workers or friends. If you provide an Audio Recording, this may contain the Personal Information of third parties. Before you do so, please make sure you have the necessary permissions before sharing Personal Information or referring them to us.

    Information Collected from Other Sources:

    We may obtain your information through services that you connect to OverQuota. By giving us access to your third-party account credentials, you agree that some information from those accounts (referred to as "Third Party Account Information") will be transmitted to your OverQuota account and that the privacy policy applies to this Third Party Account Information. Our products may also ask for permission to perform actions on your behalf using your third-party account credentials. For instance, if you connect OverQuota products to your Zoom or Google account, OverQuota will request the right to access certain data on your behalf.

    Financial Information:

    We do not collect financial information. However, we receive transaction information from our payment processor Square.

    Other Information:

    If you provide us feedback or contact us via e-mail, we will collect your name and e-mail address, as well as any other content included in the e-mail, in order to send you a reply. When you participate in one of our surveys, we may collect additional personal information. We also collect other types of personal information that you provide to us voluntarily. If you participate in a contest, sweepstakes or other promotion, we will collect any data you provide in connection with that promotion. We may also obtain information from other sources and combine that with information we collect on our Services. We may also collect personal information at other points in our Services that state that personal information is being collected.

    IP Address Information and Other Information Collected Automatically:

    When you use our Services, certain information is automatically collected, such as the type of device you use, your device's unique identifier, the date/time of your visit, your browser type, operating system, IP address, domain name, amongst other information. This information helps us deliver relevant information and improve our Services. In case our Application crashes, we may receive information about your software version to identify and fix bugs. We also store log files including IP addresses, browser type, ISP, operating system, and clickstream data to improve the content and tailor our Services to your needs. We use third-party analytics services that use Cookies to collect information such as how often you use the Services. The information collected by these services is subject to their terms of use and privacy policy. We may also collect anonymous data about how both registered and unregistered users use our Services, which we may use for any purpose and share with third parties. This data cannot be tied back to you or your device and we use reasonable efforts to ensure that it remains anonymous. We use this anonymous data to enhance the content and improve our Services. You may choose to opt out, but you may not be able to use certain aspects of the Services.

    Email Communications:

    We may receive confirmation when you open an email from us. We use this confirmation to improve our customer service.

    Information Collected Using Cookies:

    Cookies are text files that may be sent to your computer or mobile device when you access a website. They help us understand how you use our Services, allowing us to improve your experience. Cookies are stored in your browser or device and linked to the website or app you visit. They enable our servers to recognize your device and track your usage of the Services. Cookies do not contain Personal Information, and we do not combine the information collected from cookies with other Personal Information to identify you. However, cookies may be used to identify that your device has accessed our Services, and this information may be linked to your Account if you have one. Most browsers or mobile devices have an option to disable cookies, which will prevent them from accepting new cookies. We recommend keeping cookies active, as they enhance your ability to use our Services. This Privacy Policy only covers our use of cookies, not those used by third parties. Third-party websites linked to our Services may also place cookies on your device, and we have no control over this.

    Information Related to Advertising and the Use of Web Beacons:

    We don’t serve advertisements. We may serve it in the future. In that case, this Policy will be amended accordingly.

    General Uses of Information:

    The personal information collected from OverQuota's Services is used for various purposes such as operating and improving the websites, delivering services, providing customer support, sending information and updates, protecting against fraudulent activity, processing orders, identifying users, creating and securing accounts, and improving marketing and advertising efforts. This information may be stored and processed in the United States or other countries and may be combined with information obtained from other sources. 

    How, and With Whom, Your Information Shared:

    The Services are designed to use with other participants. As a result, some of the information generated through the Services is shared with other third parties. The categories of third parties we may share personal information with are as follows:

    • Cloud Computing Services
    • Data Storage Service Providers
    • Payment Processors
    • Performance Monitoring Tools
    • Sales & Marketing Tools
    • User Account Registration & Authentication Services
    • Data Analytics Services
    • Retargeting Platforms

    Public Information about Your Activity on the Services:

    Some of your actions on the Services are visible to others by default. This can include, but is not limited to, content you have made public on the Site or Application or through other means on the Services. Users who are registered with us may have this information linked to their Accounts. Those who are not registered won't have this link, but their usage of the Services (such as what pages they visited) can still be tracked anonymously using cookies and stored by us. If you choose to share Personal Information using certain public features of the Services, that information is subject to the privacy settings of those features and may be accessible to the public. People viewing this information can share or use it with others without our control and without your knowledge, and search engines may also index it. So, we advise you to be careful when including any sensitive information in content that you create or submit through the Services.

    IP Address Information:

    While we collect and store IP address information, that information is not made public. We do at times, however, share this information with our partners, service providers and other persons with whom we conduct business, and as otherwise specified in this Privacy Policy.

    User Profile Information:

    User profile information including your username and other information you enter may be displayed to other users to facilitate user interaction within the Services. We will not directly reveal user email addresses to other users.

    Financial Information:

    OverQuota does not collect financial information. Please refer to our payment processing service, Square.

    Information Disclosed Pursuant to Business Transfers:

    In the event of an asset sale or transfer, user information, including Personal Information, is usually part of the transferred assets. If we were to go out of business, file for bankruptcy, or have our assets acquired by another company, the user information may be among the assets passed on to a third party. You acknowledge that this type of transfer may occur and that the recipient of our assets may use your Personal Information in accordance with this Privacy Policy. We may also share your Personal Information with our subsidiary and affiliate companies.

    Information Disclosed for Our Protection and the Protection of Others:

    We also reserve the right to access, read, preserve, and disclose any Personal Information as it reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce this Privacy Policy and our Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect our rights, property or safety, our users and the public. This includes exchanging information with other companies and organizations for fraud protection and spam/malware prevention.

    Information we Share With Your Consent:

    We may share your Personal Information to fulfill the purpose for which you provide it, for any other purpose disclosed by us when you provide the information, with your consent, or to third parties designated by you.

    Security of your Information:

    To ensure your privacy and security, we require a password for access to your Account information. It's important for you to protect your password and limit access to your device by logging out after using your Account. We take steps to secure your Account information, but we cannot guarantee complete protection. Factors like unauthorized access, technical failures, and others may compromise the security of your information at any time. We store all our information, including IP address, using industry standard techniques and have implemented physical, managerial, and technical safeguards to improve the security of your Personal Information. While we strive to protect your personal information, we cannot guarantee its absolute security and cannot guarantee that our safeguards will prevent unauthorized access to your information.

    You Have Access to Your Information:

    If you are a registered user, you can access and edit information associated with your Account by logging into the Services. The easiest way to exercise your right to access your data is by emailing the request to compliance@overquota.ai. We will consider and act upon any request in accordance with applicable data protection laws.

    California Privacy Rights:

    Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice identifying the categories of personal customer information which we share with our affiliates and/or third parties for marketing purposes, and providing contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please submit a request to compliance@overquota.ai.

    How Long We Keep Your Information:

    OverQuota keeps your personal information for as long as needed to meet the goals outlined in this Policy or as required by law or regulatory mandates. Upon termination of the service, we hold onto the personal information for up to 6 months before securely deleting it. During the deletion process, steps will be taken to make the information unrecoverable and un-reproducible, with the electronic files containing the personal information being permanently erased

    How to Delete Your Information:

    Should you ever decide to delete your Account, you may do so within the Terms and Conditions of your agreement and by emailing support@overquota.ai.

    If you choose to close your Account, the link between your Account and the information we have stored will no longer be available. However, due to the sharing aspect of the Services, any previously published activity on your Account will still be saved on our servers and viewable to the public. We may keep a archived copy of your records in accordance with legal requirements or for legitimate business purposes

    The Choices You Have Regarding Your Information:

    You have the option to not share certain information with us, even though it might be necessary for accessing some of our features. For instance, you can choose not to provide your first and last name. If you decide to delete your account, we will need to verify your authority to do so. Keep in mind that any actions taken on your account before deletion will still be stored by us and may be visible to the public. If you wish to stop providing your personal information to the Application, you can do so at any time by uninstalling it.

    Changes to this Privacy Policy:

    We may amend this Privacy Policy from time to time. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is used. If we make changes in the way we collect or use information, we will notify you by posting an announcement on the Services or sending you an email and will change the Effective Date (below). A user is bound by any changes to the Privacy Policy when he or she uses the Services after such changes have been first posted.

    Where to Ask Questions or Voice Concerns:

    If you have any questions or concerns regarding privacy using the Services, please send us a detailed message to support@overquota.ai. We will make every effort to resolve your concerns.

    A Note about Children

    We do not intentionally collect personal information from children under the age of 13. If we come to know that a child under 13 has submitted their personal information to us, we will take steps to promptly delete it. If you suspect that we have any personal information from a child under 13, please reach out to us at support@overquota.ai.

    Users Outside of the United States

    By using the Services as a non-U.S. user, you understand and agree that your personal information may be processed for the reasons outlined in this Privacy Policy. Your data may also be processed in the country where it was obtained and other countries, including the United States, where the laws for handling personal information might not be as strict as the laws in your own country. By submitting your information, you give your consent for such transfers to occur.

    If you are located in the EU or UK, this section applies to you.

    The General Data Protection Regulation (GDPR) and UK GDPR require us to explain the valid legal bases we rely on in order to process your personal information. As such, we may rely on the following legal bases to process your personal information:

    Consent. We may process your information if you have given us permission (i.e., consent) to use your personal information for a specific purpose. You can withdraw your consent at any time. Click here to learn more.

    Performance of a Contract. We may process your personal information when we believe it is necessary to fulfill our contractual obligations to you, including providing our Services or at your request prior to entering into a contract with you.

    Legitimate Interests. We may process your information when we believe it is reasonably necessary to achieve our legitimate business interests and those interests do not outweigh your interests and fundamental rights and freedoms. For example, we may process your personal information for some of the purposes described in order to:

    • Send users information about special offers and discounts on our products and services
    • Develop and display personalized and relevant advertising content for our users
    • Analyze how our Services are used so we can improve them to engage and retain users
    • Support our marketing activities
    • Diagnose problems and/or prevent fraudulent activities
    • Understand how our users use our products and services so we can improve user experience

    Legal Obligations. We may process your information where we believe it is necessary for compliance with our legal obligations, such as to cooperate with a law enforcement body or regulatory agency, exercise or defend our legal rights, or disclose your information as evidence in litigation in which we are involved.

    Vital Interests. We may process your information where we believe it is necessary to protect your vital interests or the vital interests of a third party, such as situations involving potential threats to the safety of any person.

    If you are located in Canada, this section applies to you.

    We may process your information if you have given us specific permission (i.e., express consent) to use your personal information for a specific purpose, or in situations where your permission can be inferred (i.e., implied consent). You can withdraw your consent at any time.

    In some exceptional cases, we may be legally permitted under applicable law to process your information without your consent, including, for example:

    • If collection is clearly in the interests of an individual and consent cannot be obtained in a timely way
    • For investigations and fraud detection and prevention
    • For business transactions provided certain conditions are met
    • If it is contained in a witness statement and the collection is necessary to assess, process, or settle an insurance claim
    • For identifying injured, ill, or deceased persons and communicating with next of kin
    • If we have reasonable grounds to believe an individual has been, is, or may be victim of financial abuse
    • If it is reasonable to expect collection and use with consent would compromise the availability or the accuracy of the information and the collection is reasonable for purposes related to investigating a breach of an agreement or a contravention of the laws of Canada or a province
    • If disclosure is required to comply with a subpoena, warrant, court order, or rules of the court relating to the production of records
    • If it was produced by an individual in the course of their employment, business, or profession and the collection is consistent with the purposes for which the information was produced
    • If the collection is solely for journalistic, artistic, or literary purposes
    • If the information is publicly available and is specified by the regulations

    Appendix B

    Mode and place of processing the Data

    Methods of processing

    OverQuota implements appropriate security measures to protect against unauthorized access, disclosure, alteration, or destruction of Data. Data processing is performed using computer systems and/or IT tools following established procedures that are strictly related to the stated purposes. In addition to OverQuota, certain individuals involved in the operation of the company, such as administrators, sales and marketing personnel, legal representatives, and system administrators, may have access to the Data in some cases. OverQuota may also appoint third-party technical service providers, mail carriers, hosting providers, IT companies, or communications agencies as Data Processors if necessary. An updated list of these parties can be obtained by contacting OverQuota at any time.

    Legal basis of processing

    OverQuota may process Personal Information about Users if one of the following conditions are met: User's consent has been given for a specific purpose, however, in some legislations, OverQuota may be allowed to process Personal Information until the User objects to such processing ("opt-out"). This does not apply in situations where processing of Personal Information is subject to European data protection law. Personal Information is needed to perform an agreement with the User or to fulfill precontractual obligations. Processing is required to comply with a legal obligation that OverQuota is subject to. Processing is related to a task carried out in the public interest or as a result of official authority vested in OverQuota. Processing is necessary for the legitimate interests of OverQuota or a third party. OverQuota will assist in determining the specific legal basis that applies to the processing and if the provision of Personal Information is required by law, contract, or necessary to enter into a contract.

    Place

    The processing of Data occurs at OverQuota's headquarters and wherever the parties involved in processing may be located. Data transfer to a country other than the User's may occur based on the User's location. The User can find information about the place of Data processing and the legal basis for transferring Data to a different country in the section detailing the processing of Personal Data. Additionally, the User can learn about the security measures taken by OverQuota to protect their Data and the specifics of any data transfer outside the European Union or to international organizations. For further information, the User can refer to relevant sections of this document or reach out to OverQuota through the contact information provided

    Retention time

    Personal Data shall be processed and stored for as long as required by the purpose they have been collected for. Therefore: Personal Data collected for purposes related to the performance of a contract between OverQuota and the User shall be retained until such contract has been fully performed. Personal Data collected for the purposes of OverQuota’s legitimate interests shall be retained as long as needed to fulfill such purposes. Users may find specific information regarding the legitimate interests pursued by OverQuota within the relevant sections of this document or by contacting OverQuota.

    OverQuota may be allowed to retain Personal Data for a longer period whenever the User has given consent to such processing, as long as such consent is not withdrawn. Furthermore, OverQuota may be obliged to retain Personal Data for a longer period whenever required to do so for the performance of a legal obligation or upon order of an authority. Once the retention period expires, Personal Data shall be deleted. Therefore, the right to access, the right to erasure, the right to rectification and the right to data portability cannot be enforced after expiration of the retention period.

    The purposes of processing

    The information collected from users is used by OverQuota to provide its services, meet its legal obligations, respond to requests from law enforcement, protect its rights and interests, and detect any harmful or fraudulent activities. The data is used for the following purposes: analytics, infrastructure monitoring, tag management, hosting and backend infrastructure, managing contacts, managing user databases, handling payments, and managing support and contact requests. For more detailed information about the personal data used for each purpose, refer to the section "Detailed information on the processing of Personal Data".

    Detailed information on the processing of Personal Data

    Personal Data is collected for the following purposes and using the following services:

    Analytics

    The services contained in this section enable OverQuota to monitor and analyze web traffic and can be used to keep track of User behavior.

    Google Analytics (Google LLC)

    Google Analytics is a web analysis service provided by Google LLC ("Google"). Google uses the information gathered to monitor and assess the utilization of OverQuota, create reports on its activities, and share these reports with other Google services. Additionally, Google may also use the collected data to personalize and contextualize the ads in its advertising network.

    Handling payments

    OverQuota uses external payment service providers to process credit card payments, unless otherwise indicated. Typically, users are required to directly provide their payment information and personal details to these payment service providers, not OverQuota. OverQuota only receives notification of successful payment from the payment service provider, and is not involved in the collection or processing of such information. The payment processors have responsibility for handling your personal information and may use it for their own purposes, subject to their privacy policies.

    Square (Square, Inc.)

    Square is a payment service provided by Square Inc.

    Hosting and backend infrastructure

    The purpose of this service is to host the data and files that allow OverQuota to operate and be distributed, as well as to provide the necessary infrastructure to run specific features or components of OverQuota. Some of the services, if any, listed below may use servers located in multiple locations, making it difficult to determine the exact location where personal data is stored.

    Amazon Web Services (AWS) (Amazon Web Services, Inc.)

    Amazon Web Services (AWS) is a cloud computing platform provided by Amazon Web Services, Inc.

    • Personal Data processed: various types of Data as specified in the privacy policy of the service.
    • Place of processing: United States
    • Privacy Policy supported by Data Protection Addendum including Standard Contractual Clauses (reference: https://d1.awsstatic.com/legal/aws-gdpr/AWS_GDPR_DPA.pdf)

    Communication services

    This type of service has the purpose of capturing User’s online meetings and conversations subject to OverQuota’s Services.

    Natural language processing services

    OpenAI

    OpenAI is an artificial intelligence (AI) research laboratory consisting of the non-profit OpenAI Incorporated (OpenAI Inc.) and its for-profit subsidiary corporation OpenAI Limited Partnership (OpenAI LP).

    • Personal Data processed: online meeting conversation transcripts.
    • Place of processing: United States
    • Privacy Policy: https://openai.com/privacy/

    Assembly.ai

    AssemblyAI is an AI company building a platform of APIs to transcribe and understand audio data.

    • Personal Data processed: audio recordings of online meetings.
    • Place of processing: United States
    • Privacy Policy: https://www.assemblyai.com/legal/privacy-policy

    Managing contacts and sending messages

    This type of service allows for the management of a database containing the User's email, phone, or other contact information for communication purposes. It may also gather data on the time the User viewed and interacted with the message, including clicks on links in the message.

    Hubspot (Hubspot, Inc.)

    Hubspot is an online marketing platform.

    • Personal Data processed: name, email address.
    • Place of processing: United States
    • Privacy Policy supported by Data Protection Addendum including Standard Contractual Clauses (https://legal.hubspot.com/dpa)

    Google Tag Manager (Google LLC)

    Google Tag Manager is a tag management service provided by Google LLC.

    User database management

    This type of service enables OverQuota to construct user profiles using the email address, name, or other information provided by the User, as well as monitor User behavior through analytical features. This Personal Data may also be linked to publicly available information about the User (such as social media profiles) to create private profiles that OverQuota can use and display to improve its performance. Some of these services may also allow for timed messaging to the User, such as emails triggered by specific actions taken on OverQuota.

    Hubspot Customer Relationship Management (CRM)

    Hubspot is a User database management service.

    • Personal Data processed: various types of Data as specified in the privacy policy of the service.
    • Place of processing: United States
    • Policy: Data Processing Agreement. (https://legal.hubspot.com/dpa)

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