Last updated: Aug 19, 2022

BoostKPI, Inc. (“BoostKPI,” “we,” “us,” and “our”) detects anomalies and proactively alerts business on KPI changes in their data, along with the root cause. Our Privacy Policy (“Privacy Policy”) is designed to help you understand how we collect, use and share your personal information and to assist you in exercising the privacy rights available to you.

Scope

This Privacy Policy covers the personal information we collect about you when you use our products or services, or otherwise interact with us, including on our public website at www.boostkpi.com (the"Website"), and BoostKPI’s software-as-service platform including any related APIs provided by BoostKPI (collectively, “Services”). This policy also explains your choices surrounding how we use your personal information, which include how you can object to certain uses of the information and how you can access and update certain information.

Throughout this Privacy Policy, “personal information” or “personal data” refers to any information that is unique to an individual, such as name, address, email address, phone number, IP address and other information that can reasonably identify an individual.

This Privacy Policy covers how we collect, handle and disclose personal data on our Platform, including any affiliated websites, software or platforms owned or operated by BoostKPI on which this Privacy Policy appears.

We recommend that you read this Privacy Policy carefully as it provides important information about your personal information and your rights under the law. If you have any questions, comments, or concerns regarding this Privacy Policy and/or our data practices, or would like to exercise your rights, do not hesitate to contact us at contact@boostkpi.com or see our information below.

If you are an end user (“Customer End Users”) of a Customer website that is running services provided by BoostKPI, the “Customer End Users” section of this Privacy Policy applies to you.

Summary of Key Points

• This Privacy Policy only applies to BoostKPI’s collection and use of personal information. If you have questions about our Customers’ collection of personal information from Customer End Users in connection with your use of their respective website(s) or platform(s) and the Services, please contact them directly.
• BoostKPI collects personal information when you visit our Site, sign up for marketing communications, register as a Customer, and/or otherwise share information with us.
• BoostKPI uses the personal information that you share or that we collect to provide our Platform, to enhance our Site, to market the Services to you, for security purposes, and to comply with applicable laws, regulations, and other legal requirements.
• We do not sell the personal information that we collect. We do share personal information with certain authorized third parties (including our Customers), but only in connection with providing our Site and Services.
• BoostKPI uses cookies and other tracking technologies to track your use of our Site and your use of our Services.
• IF YOU ARE AN INDIVIDUAL LOCATED IN THE EEA OR THE U.K.: If you are located in the European Economic Area (“EEA”) or the United Kingdom (“U.K.”), this entire Privacy Policy applies to you. However, please see the Section titled “Additional Information for Users in the EEA and the U.K.” below, which will provide more detailed information about which rights you have regarding the processing of your personal data.
• IF YOU ARE AN INDIVIDUAL LOCATED IN CALIFORNIA: please see the Section titled “Additional Information for California Residents” below, which will provide more detailed information about which rights you have regarding the processing of your personal data.

Who We Are and How To Contact Us

BoostKPI is a Delaware corporation, with offices in California. Please reach us at contact@boostkpi.com.
For users in the EEA and the U.K., note that we may collect your personal data as a ‘data controller’ when we determine the means and purpose of processing, such as when we process the personal data of our Site Visitors and/or Customers.We otherwise process personal data as a ‘data processor’ when we collect and process End User personal data on behalf of our Customers who use our Services. In other words, with respect to personal information that we process in order to provide Services to our Customers, we are acting as a service provider.

To Whom Does This Policy Apply

This Privacy Policy does not cover our Customers’ websites or platforms. Each Customer is responsible for posting its own terms, conditions and privacy policies, and ensuring compliance with all applicable laws and regulations. This Privacy Policy applies to:

• Customers: as noted above, this includes any individual who registers individually or on behalf of an entity or organization in order to use the Services.
• Site Visitors: visitors to our Site, including those who request a demo or opt in to receive commercial communications from BoostKPI. This does not include any visitors to our Customers' individual websites.

Customer End Users

This Privacy Policy does not apply to the data that BoostKPI processes on behalf of our Customers in our capacity as a processor. BoostkPI may process Customer End User data on behalf of its Customers, however our Customers are responsible, as data controllers, for how and why they collect and process their End User personal data. Our privacy practices will be governed by the contracts that we have in place with our Customers, not this Privacy Policy. Please review Customers’ respective privacy policies, which will contain further details regarding the processing of your personal data by BoostKPI.

Children's Information

Our Services are not directed to children under 13 (or other age as required by local law), and we do not knowingly collect personal information from children. If you learn that your child has provided us with personal information without your consent, you may contact us as set forth below. If we learn that we have collected a child's personal information in violation of applicable law, we will promptly take steps to delete such information and terminate the child's account.Our customers are responsible for ensuring compliance with applicable rules where the personal information of children is collected and transmitted.

Changes To This Privacy Policy

This Privacy Policy was last updated on the date indicated above, but we suggest that you review it from time to time, as our Platform and our business may change. As a result, at times it may be necessary for BoostKPI to make changes to this Privacy Policy. We reserve the right to update or modify this Privacy Policy at any time and from time to time without prior notice. However, if we make changes that we believe will materially impact this Privacy Policy or your rights, we will promptly notify you of those changes. Your continued use of the Platform after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy.

What Information We Collect

The information we collect and process depends on how and why you use our platform. There are three buckets of personal information we receive:

• Directly from you when you provide it to us, such as in connection with our Services.
• Indirectly through automated technologies such as cookies or from third parties.
• On behalf of our Customers, when we process the personal data of their Customer End Users as part of our Services.

Information We Collect Directly From You

You can visit our Site without having to submit any personal information. If you request more information, or sign up for marketing communication and/or our Services, we will collect personal information as follows.

• Marketing Communications or Demo Requests. When you request a demo or sign up for marketing communications we collect the following information: first and last name, work email address, and work title.
• Customer Account Information. When you register for a BoostKPI Customer account (including when you join for free) we request the following information: first and last name, email address, company name, and title.
• Communications. When you communicate with us, we collect information, including what's contained in those communications.

Information We Collect Indirectly

Device and Usage Information

When you use or interact with our Site, even if you do not have an account, we, or authorized third parties engaged by us, may automatically collect information about your use of the Site via your device, some of which is considered personal information. “Device and Usage Information” that we collect consists of:

• Information About your Device: information about the devices and software you use to access the Site – primarily the internet browser or mobile device that you use, the website or source that linked or referred you to the Site, your IP address or device ID (or other persistent identifier that uniquely identifies your computer or mobile device on the Internet), the operating system of your computer or mobile device, device screen size, and other similar technical information.
• Usage Information: information about your interactions with the Platform, including access dates and times, hardware and software information, device event information, log data, crash data, cookie data. This information allows us to understand the screens that you view, how you've used the Site (which may include administrative and support communications with us), and other actions on the Site. We, or authorized third parties, automatically collect log data when you access and use the Platform, even if you have not created an account or logged in. We use this information to administer and improve the Services, analyze trends, track users' use of the Platform, and gather broad demographic information for aggregate use.
• Location Information: based on Device and Usage Information, we are also able to determine general location information (“Location Information”).

Cookies and Similar Technologies

BoostKPI uses cookies and similar technologies on its Site. Through our use of cookies (and similar technologies), we or authorized third parties collect some information Device and Usage Information. Some cookies are necessary to make the Site and our content available to you, while others are meant to improve the Site and enable us to analyze and measure audience and traffic.

Information from Customers and Third Parties

We process personal information from third parties, which consists of data from our Customer End Users, as well as information from our CRM service. What we collect from Customer End Users, how we access the data and how we use it is subject to our Customers terms and privacy policies.

Information We Process on Behalf of Our Customers

As noted above, our Services consist of data analytics for our Customers. These Customers may collect personal information from Customer End Users in connection with the products or services that they offer to Customer End Users and make some information - at their discretion - available to us in order to provide the Services. Such information is stored on our Customers' systems or in the cloud, and our Customers are responsible for any personal information they collect.

Analytics

With the information that we collect (or that is collected by our third-party analytics services, such as Google Analytics), we generate and process aggregated information, such as statistical or demographic data (“Aggregated Information”). For example, we may track the total number of visitors to our Platform, track the number of visitors to each page of our Site. We aggregate this data to calculate the percentage of users accessing a specific feature of the Platform and analyze this data for trends and statistics. We do the same with the data that we process on behalf of our Customers. Aggregated Information may be derived from personal data, but is not considered personal data if it does not directly or indirectly reveal your identity. However, if we or our third-party analytics service providers combine or connect Aggregated Information with your personal data such that it can directly or indirectly identify or re-identify you, we treat the combined data as personal data.

Marketing and Advertising

We may partner with third party ad networks to either display advertising on our Site or to manage our advertising on other sites. Our ad network partners use cookies and web beacons to collect information about your activities on this and other websites to provide you targeted advertising based upon your interests, as also explained in our Cookie Policy.

If you wish to not have this information used for the purpose of serving you targeted ads, you may opt-out by clicking visiting https://www.youronlinechoices.com/ orhttps://optout.networkadvertising.org/?c=1 or set your browser to block cookies. Please note that opting-out does not opt you out of being served generic ads.

How We Use The Personal Information We Collect

We use your personal information for a number of different reasons, as further explained below. In addition, for individuals located in the EEA and the U.K. and when we act as the data controller, we must have a valid legal basis in order to process your personal data. The main legal bases under the European Union's General Data Protection Regulation (GDPR) that justify our collection and use of your personal information are:

• Performance of a contract - When your personal information is necessary to enter into or perform our contract with you.
• Consent - When you have consented to our use of your personal information via a consent form (online or offline).
• Legitimate interests - When we use your personal information to achieve a legitimate interest and our reasons for using it outweigh any prejudice to your data protection rights.
• Legal obligation - When we must use your personal information to comply with our legal obligations.
• Legal claims - When your personal information is necessary for us to defend, prosecute or make a claim.

Below are the general purposes and corresponding legal bases (in brackets) for which we may use your personal information:

• Providing you access to and use of the Site and Services [depending on the context, performance of a contract, legitimate interests, and in some cases, legal claims]
• Responding to your queries and requests, or otherwise communicating directly with you [depending on the context, performance of a contract, legitimate interests, and in some cases, legal claims]
• Improving the content and general administration of the Platform, including system maintenance and upgrades, enabling new features and enhancing both Site visitor and Customer experience [legitimate interests]
• Detecting fraud, illegal activities or security breaches [legitimate interests]
• Providing our Services to our Customers [depending on the context, performance of a contract or legitimate interests]
• Ensuring compliance with applicable laws [compliance with a legal obligation]
• Conducting statistical analyses and analytics by monitoring and analyzing trends, usage, and activities in connection with the Platform [consent where required (e.g. 3rd party cookies), or legitimate interests]
• Increasing the number of customers who use our Platform through marketing and advertising, including sending commercial communications, in line with your communication preferences, [consent where required, or legitimate interests]
• Providing information to regulatory bodies when legally required, and only as outlined below in this Privacy Policy [legal obligation, legal claims, legitimate interests]

When We Share Information

We only disclose your personal information as described below.

Third-Party Service Providers

BoostKPI discloses users' information to our third party agents, contractors, or service providers who are hired to perform services on our behalf. These companies do things to help us provide the Site and Services. Such third-party service providers include, but are not limited to, hosting and content delivery services, analytics services, CRM providers, marketing and social media partners, functionality and debugging services, professional services providers (such as auditors, lawyers, consultants, and accountants).

Business Transfers

As we grow, we may purchase websites, applications, subsidiaries, other businesses or business units. Alternatively, we may sell businesses or business units, merge with other entities and/or sell assets or stock, in some cases as part of a reorganization or liquidation in bankruptcy. As part of these transactions, we may transfer your personal information to a successor entity upon a merger, consolidation or other corporate reorganization in which BoostKPI participates, or to a purchaser or acquirer of all or a portion of BoostKPI's assets, bankruptcy included.

BoostKPI Customers

When we act on behalf of our Customers (as a data processor), we may process Customer End Users' personal information to our Customers in order to comply with their requests, Customer End Users' requests and/or regulator requests, among others.We also provide our Customers with aggregated information that does not identify Customer End Users directly, in order to provide information about usage, demographics (such as location) or other general information.

Anonymized Information

We share aggregated, automatically-collected or otherwise non-personal information with third parties for various purposes, including (i) compliance with reporting obligations; (ii) for business or marketing purposes; (iii) to assist us and other parties in understanding our users' interests, habits and usage patterns for certain programs, content, services, marketing and/or functionality available through the Platform. We do not share personal information about you in this case.

Legal Obligations and Security

BoostKPI will preserve or disclose your personal information in limited circumstances (other than as set forth in this Privacy Policy), including: (i) with your consent; (ii) when we have a good faith belief it is required by law, such as pursuant to a valid subpoena, warrant or other judicial or administrative order (as further explained below); (iii) to protect the safety of any person and to protect the safety or security of our Platform or to prevent spam, abuse, or other malicious activity of actors with respect to the Platform; or (iv) to protect our rights or property or the rights or property of those who use the Platform.

In the unlikely case that we are required to disclose personal information by law, such as pursuant to a subpoena, warrant or other judicial or administrative order, our policy is to respond to requests that are properly issued by law enforcement within the United States or via mutual legal assistance mechanism (such as a treaty). Note that if we receive information that provides us with a good faith belief that there is an exigent emergency involving the danger of death or serious physical injury to a person, we may provide information to law enforcement trying to prevent or mitigate the danger (if we have it), to be determined on a case-by-case basis.

Social Media Plugins

We use social media plugins on our Site and include icons that allow you to interact with third-party social networks such as LinkedIn, Twitter and Facebook. For example, you may “like” us on Facebook or follow us on Twitter. The third-party social plugin may set a cookie when your browser creates a connection to the servers of such social networks and the plugin may transmit your personal information to the social networks. Your use of these social plugins is subject to the privacy policies of the third-party social networks.

How Long Do We Keep Your Personal Information?

We use the following criteria to determine our retention periods:

• The amount, nature and sensitivity of your information and its intended use
• Applicable legal requirements
• The length of time we have an ongoing relationship with you and provide you with access to our Platform

We retain personal information for as long as needed to provide our Services. Note, however, that with respect to our Customers with active accounts, we may retain certain essential account information, but otherwise regularly delete other information that is less essential to the provision of our Services in order to minimize our storage of data.

We also will retain personal information that we've collected from you where we have an ongoing legitimate business need to do so (for example, to comply with applicable legal, tax or accounting requirements). Additionally, we cannot delete information when it is needed for the establishment, exercise or defense of legal claims (also known as a “litigation hold”). In this case, the information must be retained as long as needed for exercising respective potential legal claims.

When we no longer have an ongoing legitimate business need to process your personal information, we will either delete or anonymize it or, if this is not possible (for example, because your personal information has been stored in backup archives), we will securely store your personal information and isolate it from any further processing until deletion is possible. When we choose to anonymize personal data, we make sure that there is no way that it can be linked back to you or any specific user.

Data Security And Integrity

We take steps that are reasonably necessary to securely provide our Platform. We have put in place reasonably appropriate security measures designed to prevent your personal data from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. We limit access to personal data only to those employees, agents, contractors and the third parties who have a business need-to-know. For any questions about the security of your information, please contact contact@boosktpi.com.

International Transfers

BoostKPI is a United States Delaware corporation with primarily storage of your information in the United States and the EEA. To facilitate our global operations, we may process personal information from around the world, including from other countries in which BoostKPI has operations, in order to provide the Platform.

If you are accessing or using our Platform or otherwise providing personal information to us, you are agreeing to the processing of your personal information in the United States and other jurisdictions in which we operate. If you are a Customer, you are responsible for informing your Customer End Users of how and where their personal data will be processed at the time of collection.

Additional Information for Users in the EEA and the U.K.

If the GDPR applies to you because you are in the EEA or the U.K., you have certain rights in relation to your personal data:

• The right to be informed - our obligation to inform you that we process your personal data (and that's what we're doing in this Privacy Policy)
• The right of access - your right to request a copy of the personal data we hold about you (also known as a 'data subject access request')
• The right to rectification - your right to request that we correct personal data about you if it is incomplete or inaccurate (though we generally recommend first making any changes in your Account Settings)
• The right to erasure (also known as the 'right to be forgotten') - under certain circumstances, you may ask us to delete the personal data we have about you (unless it remains necessary for us to continue processing your personal data for a legitimate business need or to comply with a legal obligation as permitted under the GDPR, in which case we will inform you)
• The right to restrict processing - your right, under certain circumstances, to ask us to suspend our processing of your personal data
• The right to object - your right to object to us processing your personal data (for example, if you object to us processing your data for direct marketing)
• Rights in relation to automated decision-making and profiling - our obligation to be transparent about any profiling we do, or any automated decision-making

These rights are subject to certain rules around when you can exercise them.

Customers and Site Visitors in the EEA or the U.K.

If you are located in the EEA or the U.K. and you are a Customer or have registered for a demo or marketing communications, and wish to exercise any of the rights set out above, you may email us at contact@boostkpi.com using the term “DSR” as your email subject line.

You will not have to pay a fee to access your personal data (or to exercise any of the other rights) unless your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request under those circumstances.

If we cannot reasonably verify your identity, we will not be able to comply with your request(s). We may need to request specific information from you to help us confirm your identity. This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. Note that this is especially true when you engage a third party to assist you in exercising your rights.

We will respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated as required by law. In addition, we will always balance your rights against those of other data subjects in connection with any requests, and in some cases this may require us to redact our responses or deny a request.

Finally, you have the right to make a complaint at any time to the supervisory authority for data protection issues in your country of residence. We would, however, appreciate the chance to address your concerns before you approach the supervisory authority, so please contact us directly first.

Customer End Users in the EEA or the U.K.

BoostKPI has no direct relationship with Customer End Users. Our Customers are solely responsible for ensuring compliance with all applicable laws and regulations with respect to their Customer End Users, and this includes handling all data subject requests. We rely on our Customers to comply with the underlying legal requirements and respond directly to Customer End Users when Customer End Users wish to exercise the rights set forth above. However, if an End User sends a request to BoostKPI to access, correct, update, or delete his/her information, or no longer wishes to be contacted by a Customer that uses our Services, we will direct that End User to contact the Customer's website(s) with which he/she interacted directly, and cooperate with our Customers as required by applicable law in order to ensure that our Customers satisfy their Customer End Users' requests.

Additional Information for California Residents

This section applies to California residents. The following describes how we collect, use and share Personal Information of California residents in operating our business, and their rights with respect to that Personal Information. For purposes of this section, “Personal Information” has the meaning given in the California Consumer Privacy Act of 2018 (“CCPA”) but does not include information exempted from the scope of the CCPA.

• How We Collect, Use, and Disclose Your Personal Information. The What Information Do We Collect section further describes the personal information we may have collected about you, including the categories of sources of that information. We collect this information for the purposes described in the How We Use Personal Information That We Collect section. We share this information as described in the When We Share Information section. We use cookies, including advertising cookies.
• Your CCPA Rights and Choices. As a California consumer and subject to certain limitations under the CCPA, you have choices regarding our use and disclosure of your personal information. You can exercise the right to know, exercise the right to delete, or exercise the right to opt-out from a sale. We cannot discriminate against you for exercising these rights.
• To submit a request to exercise any of the rights described above, please contact us using the methods described in the Who We Are and How To Contact Us section above. You may designate, in writing or through a power of attorney, an authorized agent to make requests on your behalf to exercise your rights under the CCPA. Before accepting such a request from an agent, we will require the agent to provide proof you have authorized it to act on your behalf, and we may need you to verify your identity directly with us.
• Further, to provide or delete specific pieces of personal information we will need to verify your identity to the degree of certainty required by law. We will verify your request by asking you to send it from the email address associated with your account or requiring you to provide information necessary to verify your account.
• An authorized agent may submit a request on your behalf by contacting us using the methods described in the Who We Are and How To Contact Us section below. We may still require you to directly verify your identity and confirm that you provided the authorized agent permission to submit the request.