Privacy Policy
This Privacy Policy (“Privacy Policy”) describes how Ginivo, Inc. (“Company”, “we” or “our”) collect, use, and disclose Personal Data (as defined below), in connection with visitor to our website available at: ginivo.ai and other digital pages we operate that direct to our website, and any content, features or services included therein (“Website” or “Services” and “Users” or “You”, respectively).
This Privacy Policy further explains how we safeguard your Personal Data, how such data may be used or shared with others, and how you may exercise your rights related to your Personal Data, as required under applicable data protection laws.
This Privacy Policy is an integral part of our Terms of Service at https://ginivo.ai/terms (“Terms”). Any capitalized terms not defined herein shall have the meaning ascribed to them in the Terms.
This Privacy Policy governs the use, processing and sharing of Personal Data. Certain jurisdictions require that certain disclosures be provided in a specific manner and format. Accordingly, to the extent U.S. law applies to the processing of your personal information, please refer to Section 12, “Additional Notice for U.S. Privacy Rights,” which includes additional information regarding applicable privacy rights. To the extent the California Consumer Privacy Act, as amended by the California Privacy Rights Act (“CCPA”), applies, please review our CCPA Privacy Notice, which serves as a Notice at Collection where required by applicable law.
This Policy does NOT apply to:
- Ginivo, Inc. acts as a “processor” or “service provider” (as defined under applicable data protection laws). Such processing is governed by the Data Processing Addendum.
- Job applicants, which should refer to our Job Applicants Privacy Notice, which describes our Personal Data processing practices for job applicants.
- Employees or former employees.
1. Policy Amendments
We reserve the right to amend this Privacy Policy from time to time, at our sole discretion. The most recent version of the Privacy Policy will always be posted on the Website and be reflected in the “Last Update” heading. We will provide notice to you if these changes are material, and, where required by applicable law, we will obtain your consent. Otherwise, any amendments to the Privacy Policy will become effective immediately upon the display of the modified Privacy Policy. We recommend you review this Privacy Policy periodically to ensure that you understand our most updated privacy practices.
2. Contact Information and Data Controller Information
Ginivo, Inc. is the “business” or “data controller” (as such term is defined under applicable privacy legislation) of the Personal Data collected by us, as detailed in this Privacy Policy. This means that the Company is responsible for determining how, and the purposes for which, Personal Data relating to you is processed, as well as for enabling you to exercise your rights under applicable data protection laws in relation to such Personal Data.
For any questions, inquiries or concerns related to this Privacy Policy or the collection and use of your Personal Data, you may contact our privacy team as follows:
Address: 131 Continental Drive, Suite 305, Newark, Delaware 19713, United States.
Email address: joseph@ginivo.ai.
3. The Data We Collect & Purpose of Collection and Use
Depending on your interaction with us and our Services, we may collect certain information related to such interaction and use, as follows:
“Non-Personal Data” – meaning, information which does not identify a specific natural person and cannot reasonably be used for such identification. Non-Personal Data includes technical information regarding your device or browser, type of operating system, scope, frequency, interactions with the Website, and other technical information regarding the device used – all when collected on an aggregate basis, or otherwise not combined with any identifiers. Non-Personal Data may be used by us without limitation and for any purpose. Some of this information may be considered “de-identified” under U.S. privacy laws and when we rely on data that has been “de-identified”, we will take reasonable measures to ensure that the de-identified information cannot be associated with an individual, household, or device and not attempt to re-identify it. We may further process and anonymize Personal Data in a manner that the data will be Non-Personal Data.
“Personal Data” – meaning information that identifies an individual or may with reasonable effort or by reasonable means identify an individual as further defined under applicable laws (including equivalent terms such as “personal information” or “personally identifiable information”). This may include online identifiers such as IP address, name, emails, etc., and other information that is associated with you. If we combine Personal Data with Non-Personal Data, we will treat the combined data as Personal Data.
Below, we detail the types of Personal Data we collect and how and for which purposes we use your Personal Data.
1) Online Identifiers & Usage Data
When you access our Website or otherwise interact with its content and features or use our Services, certain information regarding your access and use is collected through the use of our, or our third-party service providers’ and marketing partners’, cookies and tracking technologies (for more information, see Section 5 below “Cookies and Similar Tracking Technologies We Use”).
This information includes online identifiers associated or transmitted from your browser and device, such as an Internet Protocol address (IP), a “cookie” identifier, user agent, tags, and other unique online identifiers generated (“Online Identifiers”). Online Identifiers, such as an IP address, are also used to extract your approximate location (e.g., country and zip code).
This also includes information regarding your use of and interactions with the Website, such as session durations and time and date stamps (i.e., when you accessed our Website or used certain Services and for how long), the content you viewed, clickstreams, actions made, crash data, referring URL, language preferences, etc. (collectively “Usage Data”).
If the Usage Data is associated with an Online Identifier it is processed by us as Personal Data.
Purpose of Collection and Use:
Online Identifiers and Usage Data are collected and used for the following purposes:
- Services’ functionality, operation, security, fraud prevention, and to resolve errors and technical issues;
- To customize the Services based on your approximate location (i.e., to present you the webpages with applicable language and currency applicable to your territory, etc.);
- To conduct internal analytics and statistics, used by us to enhance and improve our Services; and
- To promote, advertise and market our Website and Services. This includes targeted advertisements (which is further subject to your cookies’ settings and preferences – see Section 5 of this Privacy Policy “Cookies and Similar Tracking Technologies We Use”).
2) Contact Information & Communications
We collect contact information, such as name, work email address and clinic name (“Contact Information”), if you contact us with any inquiries, request a demo, request information regarding our product, or otherwise communicate with us, whether through an online form available on our Website, by sending us an email, or by any other means.
We will further collect and store the content of communications with you, including an estimate of monthly client inquiries, a description of the current challenges submitted through the request a demo form, email correspondence, and any information you choose to share with us through your correspondence or other communications with us, and may also process data related to such communications, such as interactions with email communications (e.g., access time and date), etc. (“Communications Data”).
Purpose of Collection and Use:
Contact Information and Communications Data are collected and used for the following purposes:
- To respond to your inquiries or send you information and marketing material related to our Services in which you have shown interest, including promotions such as special offers;
- To have records of our communications, to improve our support and marketing efforts, or in the event we reasonably determine it is needed in order to comply with any regulatory requirement, or for handling and defending against any dispute you might have with us; and
- To have internal analytics and statistics, used by us to enhance and improve our Services.
Where applicable, we will further store your Contact Information in order to include you, and maintain, our marketing and mailing lists, as well as the "opt-out" list (solely the necessary information for such purpose), to ensure we respect your choice and comply with applicable laws in this regard.
4. How We Collect Your Data
Depending on the nature of your interaction with us and our Websites and Services, we may collect Personal Data as follows:
- Provided directly by you – we will collect information if and when you choose to provide us with the information, such as where you contact us.
- Automatically – we may use cookies or similar tracking technologies to gather some information automatically when you interact with our Websites and Services (see Section 5 of this Privacy Policy “Cookies and Similar Tracking Technologies We Use”.
5. Cookies and Similar Tracking Technologies We Use
We use “cookies” (or similar tracking technologies such as tags, pixels, etc.) when you access to, interact with, or use our Websites. The use of cookies is standard industry-wide practice. A “cookie” is a small piece of information that a website assigns and stores on your device or browser while you are viewing a website. Cookies can be used for various purposes, including allowing you to navigate between pages efficiently, enabling automatic activation of certain features, for statistical purposes, as well as for advertising purposes.
The information generally collected and stored by cookies includes Online Identifiers (such as cookie ID, IP address, etc.) and Usage Data (such as actions made, click stream, time and date stamp, content viewed, directing URLs, etc.) – both as defined under Section 3 of this Privacy Policy “The Data We Collect & Purpose Of Collection And Use”).
Cookies can be either placed by us, or by third parties such as analytic providers, marketing partners, social media, etc. In addition, the duration of such cookies (meaning the period until such are deleted) can be either “session” – meaning deleted when you close your browser, or “persistent” – meaning longer periods according to their purpose and settings, provided however that you can delete or block cookies through your browser or device settings as further explained below.
Note that, most browsers will allow you to erase cookies from your computer’s hard drive, block acceptance of cookies, or receive a warning before a cookie is stored. Please refer to the setting or the support page of your browser to learn more about how you can adjust your privacy and security settings.
Please note that once you choose to opt out or disable cookies, some features of our Website and Services may not operate properly and your online experience may be limited. In addition, even if you do opt-out, you may still receive some content and advertising, however, it will not be targeted content or advertising.
Where we use third-party advertising cookies, such third-party may independently collect Personal Data, through the use of such tracking technologies, and may combine such information with other information they have independently collected relating to your online activities across the Internet, for the purpose of enhanced targeting functionality and delivering personalized ads, as well as providing aggregated analytics related to the performance of advertising campaigns you interacted with. These third parties collect and use this information under their own privacy policies and are responsible for their practices.
6. Sharing Personal Data with Third Parties
We share your Personal Data with third parties, including our affiliated companies, partners or service providers that help us provide, operate and manage our Websites, business operations, marketing operations and our Services. The categories of such third-party recipients, the type of Personal Data we will share and the purposes for which we will share the Personal Data are as follows:
- Our Service Providers – we share Personal Data with our service providers to perform requested services on our behalf. These third parties may include technology and hosting providers (such as cloud hosting, analytic tools, management or security tools, communications tools). These providers are prohibited from using Personal Data we share with them for any purpose other than providing us with the requested functions and services. The type of Personal Data that will be shared can be any data processed by us, as needed for the provision of the specific services.
- Marketing Partners – we may share Personal Data with marketing partners we engage with or use their tools and services to market and promote our Website and Services, for example, for our marketing campaigns and targeted online advertising. These partners may include social media platforms or other marketing services operators. The Personal Data shared may include Online Identifiers and Usage Data, (as defined under Section 3 of this Privacy Policy “The Data We Collect & Purpose of Collection and Use”). These partners may combine your Personal Data with other data they collect independently from your visits and interactions across the web.
- Our Company Group & Corporate Transactions – we share Personal Data, internally within our company group to fulfil certain purposes for which Personal Data is collected and retained, or in the event of a corporate transaction (for example, sale of a substantial part of business, merger, consolidation, etc.). The types of Personal Data that will be shared can be any data processed by us, as needed, however our affiliated companies or acquiring company will assume the rights and obligations as described under this Privacy Policy.
- Enforcement of our Rights, Security and Fraud Prevention & Law Enforcement - we may disclose certain Personal Data to law enforcement, governmental agencies, or authorized third parties as needed to comply with applicable laws or in response to a verified order. We may further share Personal Data to enforce our policies and agreements, as well as defend our rights, including the investigation of potential violations thereof, alleged illegal activity or any other activity that may expose us, you, or third parties to legal liability, and solely to the extent required. The types of Personal Data that will be shared are as needed to fulfil the purposes set forth above, for example, subject to law enforcement authority request.
For avoidance of doubt, we may further transfer and disclose or otherwise use Non-Personal Data or information which is linked to anonymous random identifiers or information that is aggregated in a non-identifiable way, at our discretion and without limitations.
7. Your Rights Related to Your Personal Data
Depending on your relationship with us, your jurisdiction and the data protection laws that apply to you, you have the right to control and request certain limitations or rights to be executed.
The principal rights that may apply to your Personal Data (subject to your jurisdiction and additional conditions) may include:
- Right to Be Informed – you have the right to be provided with information regarding our privacy practices, including the Personal Data we collect and how we use it – as we detailed under this Privacy Policy. If you have any additional questions, you can contact us as set forth under this Privacy Policy.
- Right to Access/Inspect Your Personal Data – you have the right to ask us to confirm whether or not we collect and use your Personal Data and which Personal Data we specifically hold about you, and to ask for a copy of your Personal Data or otherwise access it.
- Right to Correction/Rectification – you have the right to ask us to correct inaccuracies or update your Personal Data we hold or request deletion for inaccurate Personal Data, considering and subject to the nature and purposes of the processing.
- Right to Deletion – you have the right to request the deletion of certain Personal Data we process, if specific conditions are satisfied, for example, if you think we no longer need it for the purpose we collected it; where we have used it unlawfully; where the collection was based on your consent; or where we are subject to a legal obligation to delete it. Deletion request will be subject to our rights and obligations under applicable law.
- Right to Withdraw Consent – when we collect and process your Personal Data based on your consent, you have the right to withdraw such consent at any time.
- Right to Opt-Out – you have the right to opt-out from receiving our marketing communications, if applicable, by unsubscribing through the message received.
- Data Portability Right – you have the right to request to be provided with a copy of your Personal Data in a portable format and, to the extent technically feasible, readily usable format that allows you to transmit the Personal Data.
For more information about your privacy rights and how to exercise them, please contact us at: joseph@ginivo.ai.
We will respond and fulfill your request within the timeframe required under applicable laws. When you submit a request, we will take steps to verify your identity and your request by matching the information provided by you with the information we have in our records. In some cases, we may request additional information to verify your identity, or where necessary to process your request. If we are unable to verify your identity after a good faith attempt, we may deny the request and, if so, will explain the basis for denial and how to remedy any deficiencies, where applicable.
8. Data Retention
We retain Personal Data we collect as long as it remains necessary for the purposes set forth above, all in accordance with applicable laws, or until an individual expresses a preference to delete its Personal Data.
In certain circumstances, we will retain your Personal Data for longer periods of time and mainly:
- Where we are required to retain Personal Data in accordance with legal, regulatory, tax, or accounting requirements;
- Where we deem retention is necessary to obtain an accurate record of your dealings with us in the event of any complaints or challenges; or
- If we reasonably believe there is a prospect of litigation relating to your Personal Data.
Please note that, except as required by applicable law, we may at our sole discretion delete data from our systems, without notice to you, once we deem it is no longer necessary for such purposes.
9. Data Security
Securing your Personal Data is of high priority. We design our systems with your security and privacy in mind. We have implemented physical, technical, and administrative security measures that comply with applicable laws and industry standards, such as encryption, access restrictions and permissions, etc.
Note that we cannot be held responsible for unauthorized or unintended access beyond our control, and we make no warranty, express, implied, or otherwise, that we will always be able to prevent such access.
Please contact us at joseph@ginivo.ai, if you feel that your privacy was not dealt with properly, in a way that was in breach of our Privacy Policy, or if you become aware of a third party's attempt to gain unauthorized access to any of your Personal Data. We will make a reasonable effort to notify you and the appropriate authorities (if required by applicable law) if we discover a security incident related to your Personal Data.
10. Protecting Children
The Services are not intended for use by children (the phrase "child" shall mean an individual that is under the age defined by applicable law) and individuals under the age of 16 are not permitted to place orders. Accordingly, we do not knowingly process children's information. We will discard any information we receive from a user that is considered a "child" immediately upon discovering that such a user shared information with us. Please contact us at joseph@ginivo.ai, if you have reason to believe that a child has shared any information with us.
11. Third-Party Websites
Our Service may contain links to third-party websites or services that are not operated by us. If you click on a third-party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy of every site you visit. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.
12. Additional Notice for U.S. Privacy Rights
Under certain U.S. state laws, individuals may have additional rights under applicable privacy laws and may be entitled to additional disclosures.
"Personal Data" under applicable US privacy laws, generally means any information that is linked or reasonably linkable to an identified or identifiable individual (and usually does not include publicly available information that is lawfully made available from government records, or that a consumer has otherwise made available to the public; de-identified or aggregated consumer information; or information excluded from the states laws scope.)
We are required to provide you with clear and accessible privacy notice that includes the categories of Personal Data processed, purpose of processing, instructions for exercising consumer rights and appealing decisions, categories of Personal Data shared with third parties, categories of third parties with whom data is shared, and any sale of data or targeted advertising.
Categories of Personal Data & Categories of third parties with whom Personal Data is shared:
Under the Section 3 “The Data We Collect & Purpose of Collection and Use” of this Privacy Policy, we describe our collection and processing of Personal Data, the categories of Personal Data that we are collecting and processing, and the purposes for which Personal Data is processed, stored or used.
Additionally, under the Section 6 “Sharing Personal Data with Third Parties” of this Privacy Policy, we detail and disclose the categories of third parties we share Personal Data with. We will not collect additional categories of Personal Data or use the Personal Data we collected for a materially different, unrelated, or incompatible purpose without obtaining your consent.
“Sale” of Personal Data:
Under US privacy laws, in principle, the term “sale” is referring to disclosing or making available Personal Data to a third-party in exchange for monetary or other valuable consideration. We do not “sell” information as most people would commonly understand that term, we do not, and will not, disclose your Personal Data in direct exchange for money or some other form of payment. However, when we use marketing cookies on our Website for advertising purposes, including targeted advertising, this practice is defined as a “sale” under certain US laws.
Consumer Rights:
To the extent that the laws of certain U.S. states apply, you may have additional rights under applicable privacy laws, subject to certain limitations, which may include:
- Access - the right to confirm whether we are processing their Personal Data and to obtain a copy of their Personal Data in a portable and, to the extent technically feasible, readily usable format.
- Delete - the right to delete their Personal Data provided to or obtained by us.
- Correct - the right to correct inaccuracies in their Personal Data, taking into account the nature and purposes of the processing of the Personal Data.
- Opt-Out of Sale - the right to opt out of the “sale” of Personal Data – meaning to opt out of use of cookies for advertising purposes, as further explained under Section 5 of this Privacy Policy.
We do not profile you in a manner that has a significant effect on you or other individuals, therefore we do not provide an opt-out option from such use of Personal Data.
The Section “YOUR RIGHTS RELATED TO YOUR PERSONAL DATA” provides additional information regarding your principal rights.
Exercising Your Privacy Rights:
You may submit a request to exercise most of your privacy rights under U.S. state privacy laws by contacting us at joseph@ginivo.ai.
When you submit a request, we will take steps to verify your identity and your request by matching the information provided by you with the information we have in our records. In some cases, we may request additional information to verify your identity, or where necessary to process your request. If we are unable to verify your identity after a good faith attempt, we may deny the request and, if so, will explain the basis for denial and how to remedy any deficiencies, where applicable.
Authorized agents may initiate a request on behalf of another individual by contacting us. Authorized agents will be required to provide proof of their authorization, and we may also require that the relevant consumer directly verify their identity and the authority of the authorized agent.
If we decline to take action on your request, we shall inform you without undue delay, within the timeframe set out under applicable law. Our notification will include a justification for declining to take action and instructions on how you may appeal. Within the timeframe set out under applicable law on our receipt of your appeal, we will inform you in writing of any action taken or not taken in response to the appeal, including a written explanation of the reasons for the decisions. If the appeal is denied, you may submit a complaint to the applicable authority or Attorney General of your jurisdiction.