Privacy Policy

Effective date: July 1, 2022

Scope of this Privacy Policy

This Privacy Policy applies to PointGuard AI's products and services, including applicable mobile and desktop applications (collectively, the "Services"), pointguardai.com and other PointGuard AI websites(collectively, the "Websites") and other interactions (e.g., customer service inquiries, user conferences, etc.) you may have with PointGuard AI. If you do not agree with the terms, do not access or use the Services, Websites, or any other aspect of PointGuard AI's business.

This Privacy Policy does not apply to any third-party applications or software that integrate with the Services through the PointGuard AI platform ("Third-Party Services"), or any other third-party products, services or businesses. In addition, a separate agreement governs delivery, access, and use of the Services (the "MSA"), including the processing of any data submitted through the Services ("Service Data"). The organization (e.g., your employer or another entity or person) that agreed to the MSA ("Customer") controls its instance of the Services and any associated Service Data (the "Customer Instance").

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Information PointGuard AI Collects and Receives

PointGuard AI may collect, generate, and receive Service Data and other information and data ("Other Information"; Service Data and Other Information collectively "Information")) in a variety of ways:

Service data. Customers and individuals granted access to a Customer Instance by a Customer ("Authorized Users") may submit Service Data to PointGuard AI when using the Services.
Other information.
Account information. To create or update a PointGuard AI account, you or a Customer (e.g.,your employer) supply PointGuard AI with an email address, phone number, password, domain and/or similar account details. In addition, Customers that purchase a paid version of the Services provide PointGuard AI (or its payment processors) with billing details such as credit card information, banking information and/or a billing address
Usage information.
Services metadata. When an Authorized User interacts with the Services, metadata is generated that provides additional context about the way Authorized Users interact with the Services. For example, PointGuard AI logs what Third Party Services are connected with the Services (if any).
Log data. As with most technology services delivered over the Internet, our servers automatically collect information when you access or use our Websites or Services and record it in log files. This log data may include the Internet Protocol (IP) address, the address of the web page visited before using the Website or Services, browser type and settings, the date and time the Services were used, information about browser configuration and plugins, language preferences and cookie data.
Device information. PointGuard AI collects information about devices accessing the Services, including type of device, what operating system is used, device settings, application IDs, unique device identifiers and crash data. Whether PointGuard AI collects some or all of this information often depends on the type of device used and its settings.
Location information. PointGuard AI receives information from you, your Customer and other third parties that may help PointGuard AI approximate your location. PointGuard AI may, for example, use a business address submitted by your employer, or an IP address received from your browser or device to determine approximate location. PointGuard AI may also collect location information from devices in accordance with the consent process provided by your device.
Cookie information. PointGuard AI uses cookies and similar technologies in our Websites and Services to help us collect Other Information. The Websites and Services may also include cookies and similar tracking technologies of third parties, which may collect Other Information about you via the Websites and Services and across other websites and online services. For more details about how PointGuard AI uses these technologies, and your opt-out opportunities and other options, please see PointGuard AI's Cookie Policy.
Third-Party Services. A Customer can connect Third-Party Services to its Customer Instance. Typically, Third-Party Services are software services that integrate with PointGuard AI Services, and a Customer can permit its Authorized Users to enable and disable these integrations for its Customer Instance. PointGuard AI may also develop and offer PointGuard AI applications that connect the Services with a Third-Party Service. Once enabled, the provider of a Third-Party Service may share certain information with PointGuard AI. For example, if a single sign-on service is connected with PointGuard AI, PointGuard AI may receive the username and email address of Authorized Users, along with additional information that the application has elected to make available to PointGuard AI to facilitate the integration. Authorized Users should check the privacy settings and notices in these Third-Party Services to understand what data may be disclosed to PointGuard AI. When a Third-Party Service is enabled, PointGuard AI is authorized to connect and access Other Information made available to PointGuard AI in accordance with any permission(s) granted by Customer(including, by its Authorized User(s)). PointGuard AI does not, however, receive or store passwords for any of these Third-Party Services when connecting them to the Services.
Contact information. An Authorized User is required to provide some contact information(e.g., an email address) when making an account on the Services.
Third-party data. PointGuard AI may receive data about organizations, industries, lists of companies that are customers, Website visitors, marketing campaigns and other matters related to our business from affiliates and subsidiaries, our partners, or others that PointGuard AI engages with to make PointGuard AI's own information better or more useful. This data may be combined with Other Information PointGuard AI collects and might include aggregate-level data, such as which IP addresses correspond to zip codes or countries. Or it might be more specific: for example, how well an online marketing or email campaign performed.
Additional information provided to PointGuard AI. PointGuard AI receives Other Information when submitted to our Websites or in other ways, such as if you participate in a focus group, contest, activity or event, apply for a job, enroll in an educational program hosted by PointGuard AI or a vendor, request support, interact with our social media accounts or otherwise communicate with PointGuard AI.

To provide, update, maintain and protect our Services, Websites, and business. This includes use of Service Data and Other Information to support delivery of the Services under an MSA, prevent or address service errors, security or technical issues, analyze and monitor usage, trends and other activities, or at an Authorized User's request.
As required by applicable law, legal process, or regulation.
To communicate with you by responding to your requests, comments, and questions. If you contact us, PointGuard AI may use Information to respond.
To develop and provide additional features. PointGuard AI tries to make the Services as useful as possible for Customers and Authorized Users, and PointGuard AI may use aggregated and anonymized Services Data and Other Information to develop new Services or improve existing Services.
To send emails and other communications. PointGuard AI may send you service, technical and other administrative emails, messages, and other types of communications. PointGuard AI may also contact you to inform you about changes in our Services, our Services offerings, and important Services-related notices, such as security and fraud notices. These communications are considered part of the Services and you may not opt out of them. In addition, PointGuard AI sometimes sends emails about new product features, promotional communications, or other news about PointGuard AI. These are marketing messages so you can control whether you receive them. If you have additional questions about a message you have received from PointGuard AI please reach out through the contact mechanisms described below.
For billing, account management, and other administrative matters. PointGuard AI may need to contact you for invoicing, account management, and similar reasons and PointGuard AI uses account data to administer accounts and keep track of billing and payments.
To investigate and help prevent security issues and abuse.

If Information is aggregated or de-identified so that it is no longer reasonably associated with an identified or identifiable natural person, PointGuard AI may use it for any business purpose. To the extent Information is associated with an identified or identifiable natural person and is protected as personal data under applicable data protection law, it is referred to in this Privacy Policy as "Personal Data."

Data Retention

PointGuard AI will retain Service Data in accordance with the applicable MSA, Customer's use of Services functionality, and as required by applicable law.
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PointGuard AI may retain Other Information for as long as necessary for the purposes described in this Privacy Policy. This may include keeping Other Information for the period of time needed for PointGuard AI to pursue legitimate business interests, conduct audits, comply with (and demonstrate compliance with) legal obligations, resolve disputes, and enforce our agreements.

How PointGuard AI Shares and Discloses Information

This section describes how PointGuard AI may share and disclose Information.

Displaying and operating the Services. Because of the nature and functionality of the Services, Information will be displayed as part of the Services to Authorized Users in a Customer Instance. For example, information about which of Customer's employees may have two-factor authentication enabled may be displayed as part of the Services.
Third-party service providers and partners. PointGuard AI may engage third parties as service providers or business partners to process Information and support our business. These third parties may, for example, provide virtual computing and storage services. To the extent necessary and applicable, these third-party service providers and partners will be bound by appropriate and commercially reasonable confidentiality obligations, and selected based on their compliance to industry standard security processes such as SOC2.
Third-Party Services. Customer may enable or permit Authorized Users to enable Third-Party Services. PointGuard AI requires each Third-Party Service to disclose all permissions for information access in the Services, but PointGuard AI does not guarantee that they do so. When enabled and as requested by Customer, PointGuard AI may share Information with Third-Party Services. Third-Party Services are not owned or controlled by PointGuard AI and third parties that have been granted access to Information may have their own policies and practices for its collection, use, and sharing. Please check the permissions, privacy settings, and notices for these Third-Party Services or contact the service provider for any questions.
Corporate affiliates. PointGuard AI may share Information with its corporate affiliates, parents, and/or subsidiaries.
During a change to PointGuard AI's business. If PointGuard AI engages in a merger, acquisition, bankruptcy, dissolution, reorganization, sale of some or all of PointGuard AI's assets or stock, financing, public offering of securities, acquisition of all or a portion of PointGuard AI's business, a similar transaction or proceeding, or steps in contemplation of such activities, some or all Information may be shared or transferred, subject to appropriate and commercially reasonable confidentiality arrangements.
Aggregated or de-identified data. PointGuard AI may disclose or use aggregated or de-identified Information for any purpose. For example, PointGuard AI may share aggregated or de-identified Information with prospects or partners for business or research purposes.
To Comply with Laws. If a law enforcement or government agency sends PointGuard AI a demand for Information about a Customer, PointGuard AI shall attempt to redirect the agency to request that data directly from the Customer. As part of this effort, PointGuard AI may provide the Customer's basic contact information to the law enforcement or government agency. If compelled to disclose Information to a law enforcement or government agency, then PointGuard AI will give the Customer reasonable notice of the demand and cooperation to allow the Customer to seek a protective order or other appropriate remedy unless PointGuard AI is legally prohibited from doing so. PointGuard AI will not voluntarily disclose Information related to a Customer to any law enforcement or government agency.
To enforce our rights, prevent fraud, and for safety. To protect and defend the rights, property, or safety of PointGuard AI or third parties, including enforcing contracts or policies, or in connection with investigating and preventing fraud or security issues.
With consent. PointGuard AI may share Information with third parties when PointGuard AI has consent to do so.

Security

Security is critical to PointGuard AI's mission, and PointGuard AI takes security of data seriously. PointGuard AI uses industry-standard technical and organizational measures to protect Information from loss, misuse, and unauthorized access or disclosure. These steps take into account the sensitivity of the Information PointGuard AI collects, processes, and stores, and the current state of technology. Given the nature of communications and information processing technology, PointGuard AI cannot guarantee that Information in our care will be absolutely safe from intrusion by others during transmission through the Internet or while stored on our systems or otherwise. When you click a link to a third-party site, you will be leaving our site and PointGuard AI doesn't control or endorse what is on third-party sites.

Age Limitations

To the extent prohibited by applicable law, PointGuard AI does not allow use of our Services and Websites by anyone younger than 16 years old. If PointGuard AI learns that anyone younger than 16has unlawfully provided Personal Data, PointGuard AI will take steps to delete such information.

Changes to This Privacy Policy

PointGuard AI may change this Privacy Policy from time to time. Laws, regulations, and industry standards evolve, which may make those changes necessary, or PointGuard AI may make changes to our services or business. PointGuard AI will post the changes to this page and encourage you to review our Privacy Policy to stay informed. If PointGuard AI makes changes that materially alter your privacy rights, PointGuard AI will provide additional notice, such as via email or through the Services. If you disagree with the changes to this Privacy Policy, you should cease interacting with the Services. Contact the applicable Customer if you wish to request the removal of Personal Data under their control.

International Data Transfers

PointGuard AI may transfer your Personal Data to countries other than the one in which you live -generally, from locations outside the United States to the United States. PointGuard AI deploys the industry standard safeguards if PointGuard AI transfers Personal Data from jurisdictions with differing data protection laws.

Data Protection Officer

To communicate with our Data Protection Officer, please email privacy@pointguardai.com.

Identifying the Data Controller and Processor

Data protection law in certain jurisdictions differentiates between the "controller" and "processor" of information. In general, Customer is the controller of Service Data. In general, PointGuard AI is the processor of Service Data and the controller of Other Information.

Your Rights

Individuals located in certain countries, including the European Economic Area and the United Kingdom, have certain statutory rights in relation to their personal data. Subject to any exemptions provided by law, you may have the right to request access to Information, as well as to seek to update, delete or correct this Information. Contact the Customer who controls your PointGuard AI instance for additional access and assistance. That Customer can work with PointGuard AI's Legal and Customer Success teams to address your concerns.

To the extent that PointGuard AI's processing of your Personal Data is subject to the General Data Protection Regulation or applicable laws covering the processing of Personal Data such as the UK Data Protection Act and the Brazilian General Data Protection Act (Lei Geral de Protecao de Dados), PointGuard AI relies on its legitimate interests, described above, to process your data. PointGuard AI may also process Other Information that constitutes your Personal Data for direct marketing purposes, and you have a right to object to PointGuard AI's use of your Personal Data for this purpose at any time.

Your California Privacy Rights

This section provides additional details about the personal information PointGuard AI collects about California consumers and the rights afforded to them under the California Consumer Privacy Actor "CCPA."

For more details about the personal information PointGuard AI has collected over the last 12 months, including the categories of sources, please see the Information PointGuard AI Collects and Receives section above. PointGuard AI collects this information for the business and commercial purposes described in the How PointGuard AI Uses Information section above. PointGuard AI shares this information with the categories of third parties described in the How PointGuard AI Shares and Disclose Information section above. PointGuard AI does not sell (as such term is defined in the CCPA) the personal information PointGuard AI collects. Please note that PointGuard AI may use third-party cookies for our advertising purposes as further described in our Cookie Policy.

Subject to certain limitations, the CCPA provides California consumers the right to request to know more details about the categories or specific pieces of personal information PointGuard AI collects (including how PointGuard AI uses and disclose this information), to delete their personal information, to opt out of any "sales" that may be occurring, and to not be discriminated against for exercising these rights.

California consumers may make a request pursuant to their rights under the CCPA by contacting us at privacy@pointguardai.com. PointGuard AI will verify your request using the information associated with your account, including email address. Government identification may be required. Consumers can also designate an authorized agent to exercise these rights on their behalf.

Data Protection Authority

Subject to applicable law, you also have the right to (i) restrict PointGuard AI's use of Information that constitutes your Personal Data and (ii) lodge a complaint with your local data protection authority or the Irish Data Protection Commissioner, which is PointGuard AI's lead supervisory authority in the European Union. If you are a resident of the European Economic Area and believe we maintain your Personal Data within the scope of the General Data Protection Regulation (GDPR), you may direct questions or complaints to privacy@pointguardai.com or to our lead supervisory authority:

Irish Data Protection Commissioner
Office of the Data Protection Commissioner
Canal House, Station Road, Portarlington, Co. Laois, R32 AP23, Ireland
Phone +353 57 868 4757
Fax: +353 57 868 4757
Email: info@dataprotection.ie

If you are a resident of the United Kingdom and believe we maintain your Personal Data within the scope of the applicable laws relating to personal data in the United Kingdom, you may direct questions or complaints to the UK supervisory authority, the Information Commissioner's Office.

Privacy Shield

PointGuard AI complies with the EU-U.S. Privacy Shield Framework and/or the Swiss-U.S. Privacy Shield Framework(s) as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and/or Switzerland, to the United States. If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, please visit https://www.privacyshield.gov/.

In compliance with the Privacy Shield Principles, PointGuard AI commits to resolve complaints about our collection or use of your personal information. European Union and/or Swiss individuals with inquiries or complaints regarding our Privacy Shield policy should first contact PointGuard AI at privacy@pointguardai.com.

PointGuard AI has further committed to refer unresolved Privacy Shield complaints to JAMS ADR, an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint from us, or if we have not resolved your complaint, please contact or visit

https://www.jamsadr.com/file-an-eu-us-privacy-shield-claim for more information or to file a complaint. The services of JAMS ADR are provided at no cost to you.

An individual who decides to invoke this arbitration option must take the following steps prior to initiating an arbitration claim: (1) raise the claimed violation directly with PointGuard AI and afford us an opportunity to resolve the issue within the timeframe set forth in Section III.11(d)(i) of the Principles; (2) make use of the independent recourse mechanism under the Principles, which is at no cost to the individual; and (3) raise the issue through their Data Protection Authority to the Department of Commerce and afford the Department of Commerce an opportunity to use best efforts to resolve the issue within the timeframes set forth in the Letter from the International Trade Administration of the Department of Commerce, at no cost to the individual. This arbitration option may not be invoked if the individual's same claimed violation of the Principles(1) has previously been subject to binding arbitration; (2) was the subject of a final judgment entered in a court action to which the individual was a party; or (3) was previously settled by the parties.

In addition, this option may not be invoked if an EU Data Protection Authority or the Commissioner (1) has authority under Sections III.5 or III.9 of the Principles; or (2) has the authority to resolve the claimed violation directly with PointGuard AI. A DPA's, or the Commissioner's authority to resolve the same claim against an EU or a Swiss data controller does not alone preclude invocation of this arbitration option against a different legal entity not bound by the DPA or Commissioner's authority.

Contacting PointGuard AI

Please also feel free to contact PointGuard AI if you have any questions about this Privacy Policy or PointGuard AI's practices, or if you are seeking to exercise any of your statutory rights. PointGuard AI will respond within a timeframe that is compliant with all applicable regulations

You may contact us at privacy@pointguardai.com or at our mailing address below:

PointGuard AI Inc.
Attn: Legal
2150 N. First St., 4th Floor
San Jose, CA 95131
United States

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