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Privacy Policy 

Effective May 29, 2024

Last Updated: June 2024

 

1. Overview

This Policy describes how Apex.AI collects, uses, and shares the Personal Information, as defined below, of users who access our website, our social media pages, software repositories, or interact with us through these channels also including email communication, and all other digital services (collectively referred to herein as our “Services”). As used in this privacy policy (the “Policy”), “we,” “us,” and “our” shall mean Apex.AI. Please read this Policy carefully to understand Apex.AI’s practices regarding your Personal Information and how it will be treated.


“Personal information” is information that may potentially identify you as a specific individual, either alone or in combination with other information. Personal Information includes, but is not limited to, your full name, email address, employer, job title, home or other physical address, phone number, or other contact information.

 

2. Data Privacy Framework

Apex.AI complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF), the UK extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF), collectively referred to as (“DPF Principles”) as set forth by the U.S. Department of Commerce. Apex.AI has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union in reliance on the EU-U.S. DPF and from the United Kingdom (and Gibraltar) in reliance on the UK Extension to the EU-U.S. DPF. Apex.AI has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF.

 

If there is any conflict between the terms in this Policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the DPF Principles shall govern. To learn more about the DPF program and our certification, please visit https://www.dataprivacyframework.gov/s/.

 

With respect to Personal Information received or transferred pursuant to the DPF, Apex.AI is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission.

 

In compliance with the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF, Apex.AI commits to resolve complaints about your privacy and our collection or use of your Personal Information. EU individuals with inquiries or complaints regarding our DPF policy should first contact Apex.AI at the email or address set out below. Apex.AI further commits to refer unresolved complaints concerning our handling of Personal Information received in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF to JAMS, an alternative dispute resolution provider based in the United States. If you do not receive timely acknowledgment of your DPF Principles-related complaint from us, or if we have not addressed your DPF Principles-related complaint to your satisfaction, please visit: https://www.jamsadr.com/DPF-Dispute-Resolution for more information and to file a complaint. The services of JAMS are free of charge to you.

 

If your DPF complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not resolved by other redress mechanisms. See https://www.dataprivacyframework.gov/s/article/ANNEX-I-introduction-dpf?tabset-35584=2.

 

Apex.AI remains responsible for any of your Personal Information that is shared under the onward transfer principle with third parties for external processing on our behalf, as described in Section 6 below. On occasion, we may be required to share your Personal Information with law enforcement authorities, governmental agencies, courts, and as otherwise permitted by applicable law, including to meet national security needs.

 

3. Consent and modification 

You are not legally obligated to provide us with Personal Information, and you hereby confirm that providing us with Personal Information is of your own free will. By using our Services, you consent to the terms of this Policy and to our collection, processing, and sharing of Personal Information for the purposes set forth herein. If you do not agree to this Policy, please do not access or otherwise use our Services. We reserve the right, at our discretion, to change this Policy at any time. Such change will be effective ten (10) days following the posting of the revised Policy on our website. Continued use of our Services thereafter means that you accept those changes.

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4. What Personal Information we may collect from you:

As you interact with Apex.AI through our Services, we may collect Personal Information in the following ways:

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4.1 You may provide us with the following Personal Information:

  • Identifiers and contact information, such as your name, email address, phone number, and the name of your employer;

  • Resumes, CVs, personal references, and other job applicant data you submit when you apply for a position at Apex.AI;

  • Communications and other feedback, including questions, software bug reports, and other messages you address to us directly through email, GitLab, or other online forums and applications or services provided by us; and

  • Any information disclosed when engaging with us on social media.

 

Please note: If you submit any information relating to people other than yourself, by submitting that information, you are representing that you are authorized to provide us with such information.

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4.2 What Personal Information we may automatically collect:

  • Certain technical information from your browser, such as the internet protocol (IP) address used to connect your computer to the internet, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform, and other data about your visit to our website;

  • Specific interactions with our website (such as which pages you viewed, in what order, and how long you engaged with each page);

  • Tools such as cookies, which are described in Section 4.3 below in more detail, and other local storage used by websites and web browsers to maintain information regarding your previous activities on a website; and

  • Technical details that occur in conjunction with any errors you may encounter.

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4.3 What Personal Information we may collect using cookies:

Cookies are small digital files stored on your hard drive by a website. Our website may use both session cookies and persistent cookies. We use cookies to administer and provide you with access to our website, but we also use cookies to improve the user experience (for example, cookies may serve to recall an IP address previously indicated by a user or we may track mouse clicks and key strikes to understand how users interact with our website), to collect statistical or aggregated data about how you and other users use and interact with the website, and to conduct targeted advertising on third party sites.

 

We also gather statistical information about the usage of our website in order to continually improve its design and functionality, understand how it is used, and assist us with resolving questions regarding our website and our products and services. If you do not want to receive cookies, please consult your respective browser settings. This may allow you to receive notifications when cookies are set, or to otherwise block cookies altogether. You may also be able to delete cookies that have already been set. If you do block or restrict cookies, various features and functionality of our website may be impaired.

 

At times, Apex.AI may use Google Analytics and/or other website and application analytics services provided by third parties that use cookies and other similar technologies to collect information about website or application usage and to report trends. These cookies may be used by Apex.AI to conduct targeted advertising on third party sites. Under certain U.S. privacy laws, the use of these cookies may be considered “sales” or “sharing” of personal information, to which you have an opportunity to opt out. You may read Google’s security and privacy policies for Google Analytics at policies.google.com/technologies/partner-sites. You may also opt out by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout or opt out through our cookie management tool.

 

 

5. Apex.AI uses your Personal Information in the following ways: 

  • To further an established business relationship with you or to fulfill a contract. We may use collected information to configure orders or contact you as necessary to fulfill orders you have placed for Apex.AI products or services. We may also contact you to ask for your feedback about a product, service, or event.

  • To send you promotional materials. We may also use your information to fulfill your requests, including, but not limited to, requests to receive promotional materials. Promotional materials may include information regarding Apex.AI events, products, or services. We may also use your information to share information about other services or products that may be of interest to you. Promotional materials may be conveyed in emails. If you no longer wish to receive these materials, you may opt out by following the opt-out instructions included in our emails or by contacting us at the email or address set out below.

  • To improve our services. As described above, we may collect information using cookies, tracking tools, and/or analytic tools. We may use this information to personalize your experience and to improve the security, design, and/or function of our website.

  • To provide you with customer support. We may use your Personal Information to complete and fulfill your purchased licenses, services, or other transactions, including processing your payments, communicating with you regarding your order, or providing you with relevant updates on our products or services, and providing you with related customer support. We may also contact you to ask for your feedback about a product, service, or event.

  • To comply with legal obligations. We may use your Personal Information or any information you submitted via our website if we have a good faith belief that disclosure of such information is helpful or reasonably necessary to: (i) enforce a legal agreement or establish, investigate, prosecute or defend against legal claims of any type; (ii) detect, prevent, or otherwise address fraud or security issues; (iii) prevent harm to the rights, property or safety of Apex.AI, our users, yourself, or the public; or (iv) to comply with laws or responding to lawful requests and legal process.

  • Other purposes. We may use your information for our other legitimate business purposes, as permitted by applicable law, or with your consent.

 

6. Apex.AI shares your Personal Information in the following ways: 

  • To ensure our affiliates and Third-Party Service Providers can provide services to you. We may send or otherwise share your Personal Information to our affiliated entities and other third-party service providers. This may include for the purpose of storing information on our behalf, or for other processing needs to support our business. These affiliated and third-party entities may be based in other countries, and their servers may be located anywhere in the world. We require these affiliated and third-party entities to agree to process such Personal Information in accordance with this Policy and applicable law.

  • To comply with due diligence requests during a financial transaction. We may share Personal Information when we do a business deal, or negotiate a business deal, involving the sale or transfer of all or a part of our business or assets. These deals can include any merger, financing, acquisition, or bankruptcy transaction, or proceeding.

  • To comply with the law or a legal obligation. We may disclose your Personal Information or any information we may hold on you if we have a good faith belief that disclosure of such information is helpful or reasonably necessary to: (i) comply with any applicable law, regulation, legal process, or governmental request; (ii) to verify or enforce our policies and procedures; (iii) to respond to an emergency; (iv) to prevent or stop activity we may consider to be, or to pose a risk of being, illegal, unethical or legally actionable; (v) to enforce our agreements, policies, and terms of use; or (vi) to protect the rights, property, safety, or security of our products and services, Apex.AI, third parties, visitors, or the public, as determined by us in our sole discretion.

  • For other reasons with your consent. We may share your Personal Information with your consent, including if you intentionally interact with third parties on our website.

 

7. Sale of your data 

Apex.AI does not sell your data to anyone as that term is traditionally defined. Apex.AI may, however, share your personal information with third parties through our use of analytics tools for targeted advertising purposes.

 

8. Minors and Children's Online Privacy Protection Act (“COPPA”)

No part of our website is structured to attract, nor is our website directed toward children under the age of 13 years. We do not intend to collect Personal Information from anyone known to be under the age of 13 years. If we learn that we have collected Personal Information from a child under the age of 13 years, we will use commercially reasonable efforts to delete that information. If you believe that we might have any such information, please contact us at the email or address set out below. 

 

9. California Do Not Track Disclosure

Do Not Track (“DNT”) is a privacy preference that you can set in your web browsers, which allows you to opt out of tracking by websites and online services. We do not currently recognize or respond to DNT signals.


10. Notice to U.S., EU, UK and Swiss residents regarding privacy rights 

You may have the right to request:

  • Access to Personal Information, including the categories of Personal Information we collect and our business purpose for collecting your Personal Information. 

  • A copy of certain Personal Information of yours that we possess that can be transported to other businesses within commercial reasonability.

  • The deletion of certain Personal Information of yours that we possess.

  • The correction of Personal Information of yours that we possess.

  • To opt out of targeted advertising based on your Personal Information obtained from your activity across different businesses, services, or websites.

  • To opt out of the sales of Personal Information to third parties. (We do not currently sell Personal Information to third parties.)

 

Verification: Depending on the sensitivity and the type of request you are making, we may take reasonable steps to verify your identity based on the information that we currently possess. 

Authorized agent: You may be permitted to designate an authorized agent to submit certain requests on your behalf. In order for an authorized agent to be verified, you must provide the authorized agent with signed, written permission to make such requests or a power of attorney. We may also need to verify the identity of your authorized agent.

 

We will not discriminate against you for exercising any of your privacy rights.

 

If you would like to exercise your privacy rights, please contact us at the email or address set out below.

 

10.1 California “Shine the Light” Disclosure

If you are a California resident, you have the right to request information from Apex.AI regarding the manner in which Apex.AI shares certain categories of your Personal Information with third parties, for the third parties’ direct marketing purposes. We do not share Personal Information for such purposes.

 

10.2 Deletion of certain content created by California residents 

If you are a California resident under the age of 18 and a registered user, California law may permit you to remove content or Personal Information you have publicly posted. If you wish to remove such content or Personal Information and you specify which content or Personal Information you wish to be removed, we will do so in accordance with applicable law. Please be aware that after removal you will not be able to restore removed content. In addition, such removal does not ensure complete or comprehensive removal of the content or Personal Information you have posted and that there may be circumstances in which the law does not require us to enable removal of content.

 

10.3 Nevada Disclosures

If you are a Nevada resident, Chapter 603A of the Nevada Revised Statutes permits a Nevada resident to opt out of future sales of certain covered information that a website operator has collected or will collect about the resident. Although we do not currently sell covered information, please contact us at the email or address set out below to submit such a request.

 

11. Security

Apex.AI has implemented various physical, electronic, contractual, and managerial security measures to protect against loss, misuse, and alteration of Personal Information that we store and collect. However, no method of transmission over the Internet, and no means of electronic or physical storage, is absolutely secure. Should you have further questions or concerns about our security measures, please contact us at the email or address set out below.

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12. Information choices and changes

As detailed in this policy, we give you many choices regarding our collection, use, and sharing of information from or about you or your use of our products or services. For example:

  • Our marketing emails, newsletters, and other promotional materials include instructions for how you may “opt-out” of receiving further communications. If you no longer wish to receive such communications, you may opt-out by following instructions included in such communications or contacting us at the email or address set out below. If you opt-out, we may still contact you regarding certain non-marketing subjects, including transactional matters. Please allow a reasonable time after reaching out for us to process your request.

  • You may send all other requests about Personal Information by contacting us at the email or address set out below. You can request to change contact choices, opt-out, update your Personal Information, or cancel an account if one has been created.

  • You can typically remove and reject cookies from our website with your browser settings. Many browsers are set to accept cookies until you change your settings. If you remove or reject our cookies, it could affect how our website works for you.
     

13. Candidates for employment at Apex.AI or our affiliates

Apex.AI provides the ability to submit job applications and resumes to our open job listings. To appropriately respond to your application, we will need to collect and process your provided Personal Information. Your submitted application data will be stored in compliance with legal requirements.

 

If you are located outside of the U.S., we handle Personal Information submitted in job applications in compliance with the EU-U.S. Data Privacy Framework, the UK extension to the EU-U.S. Data Privacy Framework and the Swiss-U.S. Data Privacy Framework, the UK and EU General Data Protection Regulation (GDPR).

 

14. Collection of data and transfer outside of the United States 

Apex.AI is a company headquartered in the United States. Our website is primarily controlled and operated from the United States; however, information collected about you or your use of our products or services may be collected, stored, and processed in any country where we have facilities or in which we engage service providers. Some of these jurisdictions, including the United States, may not provide an equivalent level of data protection as your home jurisdiction. When we transfer and process information about you or your use of our products or services to other countries, we will protect it as described in this Policy and in accordance with the requirements of local law, including, where applicable, the more stringent standards set forth in certain jurisdictions such as the European Economic Area (EEA). By using our website, you acknowledge and consent to any such transfer, storage, or use of information to countries outside of your country of residence, including the United States. We will endeavor to take steps to ensure that your information receives an adequate level of protection in the jurisdictions in which we process it, including through appropriate written data processing terms and/or data transfer agreements. If you are in the EEA, you may have the right to obtain details about the mechanism under which your information is transferred to a third country. For more information about these transfer mechanisms, please contact us at the email or address set out below.

 

We may rely on various legal grounds to collect, use, and otherwise process your information, including your consent; that the information is necessary for the performance of a contract with you; to comply with a legal obligation; to protect your, or someone else’s vital interests; or for a legitimate interest that is balanced against your rights and interests. These legitimate interests may include Apex.AI’s interest in improving its products and services, enhancing safety and security, protecting Apex.AI or its business partners against wrongful conduct, and responding to customer inquiries and claims. Where applicable, we will take reasonable efforts to inform you whether and why we need certain information from you, for example, whether we need the information to fulfill a legal or contractual requirement and what the consequences, if any, are of not providing the information.

 

15. Contact information

We welcome your comments or questions about this privacy policy. Comments or questions can be sent via email to privacy@apex.ai. You may also contact us at our address:

Apex.AI, Inc., Attn: Data Privacy Officer, 844 E Charleston Rd, Palo Alto, California 94303, USA

Section 4.3.
Section 6
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