This Privacy Notice applies to the processing of personal information by Exceeds AI Corporation (“Exceeds,” “we,” “us,” or “our”) in connection with the Exceeds Services.

Capitalized Terms not defined in this Privacy Notice will have the meaning set forth in the Terms of Service.

Disclosure Regarding Customer Data. This Privacy Notice does not apply to the personal information that we process on behalf of our customers as a “processor” or “service provider” pursuant to a data processing agreement we have entered into with such customers (“Customer Data”). Our customers’ respective privacy notices or policies govern their collection and use of Customer Data. Our processing of Customer Data is governed by the contracts that we have in place with our customers, not this Privacy Notice. Any questions or requests relating to Customer Data should be directed to our customer.

Disclosure Regarding Exceeds Website. This Privacy Notice does not apply to the personal information that we process under the Exceeds Website Privacy Notice. 

1. UPDATES TO THIS PRIVACY NOTICE

2. PERSONAL INFORMATION WE COLLECT

3. HOW WE USE PERSONAL INFORMATION

4. HOW WE DISCLOSE PERSONAL INFORMATION

5. YOUR PRIVACY CHOICES

6. INTERNATIONAL TRANSFERS OF PERSONAL INFORMATION

7. RETENTION OF PERSONAL INFORMATION

8. SUPPLEMENTAL NOTICE FOR EU/UK GDPR

9. CHILDREN’S PERSONAL INFORMATION

10. CONTACT US

1. UPDATES TO THIS PRIVACY NOTICE

We may update this Privacy Notice from time to time in our sole discretion. If we do, we’ll let you know by posting the updated Privacy Notice on our website, and/or we may also send other communications. 

2. PERSONAL INFORMATION WE COLLECT

We collect personal information that you provide to us, personal information we collect automatically when you use the Exceeds Services, and personal information from third-party sources, as described below.

1. Personal Information You Provide to Us Directly

We may collect personal information that you provide to us.

• Account Information. We may collect personal information in connection with the creation or administration of your account. This personal information may include, but is not limited to, your name, email address, phone number, professional details, and other information you store with your account.

• Transactions. We may collect personal information and details associated with the transactions you enter into with us, including payment information. Any payments made via the Exceeds Services are processed by third-party payment processors. We do not directly collect or store any payment card information entered through the Exceeds Services, but we may receive information associated with your payment card information (e.g., your billing details).

• Your Communications with Us. We, and our service providers, may collect the information you communicate to us, such as through email or our web chat tool.  

• User Content. To the extent you provide us with this personal information, we may collect personal information that is contained in, or otherwise relates to, User Content that you submit. 

• Surveys. We may contact you to participate in surveys. If you decide to participate, we may collect personal information from you in connection with the surveys.

• Interactive Features. We and others who use the Exceeds Services may collect personal information that you submit or make available through our interactive features (e.g., messaging features and commenting functionalities,).  Any information you provide using the public sharing features of the Exceeds Services will be considered “public.”

2. Personal Information Collected Automatically 

We may collect personal information automatically when you use the Exceeds Services. 

• Device Information. We may collect personal information about your device, such as your Internet protocol (IP) address, user settings, cookie identifiers, other unique identifiers, browser or device information, Internet service provider, and location information (including, as applicable, approximate location derived from the IP address and precise geo-location information). 

• Usage Information. We may collect personal information about your use of the Exceeds Services, such as the pages that you visit, items that you search for, the types of content you interact with, information about the links you click, the frequency and duration of your activities, and other information about how you use the Exceeds Services.

• Cookie Notice (and Other Technologies). We, as well as third parties, may use cookies, pixel tags, and other technologies (“Technologies”) to automatically collect personal information through your use of the Exceeds Services. 

• Cookies. Cookies are small text files stored in device browsers.

• Pixel Tags/Web Beacons. A pixel tag (also known as a web beacon) is a piece of code embedded in the Exceeds Services that collects personal information about use of or engagement with the Exceeds Services. The use of a pixel tag allows us to record, for example, that a user has visited, a particular web page or clicked on a particular advertisement. We may also include web beacons in e-mails to understand whether messages have been opened, acted on, or forwarded.

See “Your Privacy Choices” below to understand your choices regarding these Technologies.

3. Personal Information Collected from Third Parties

We may collect personal information about you from third parties.  

• Third-Party Services. If you access or interact with the Exceeds Services using a Third-Party Service (defined below), we may collect personal information about you from that Third-Party Service that you have made available via your privacy settings. Third-Party Services include, but are not limited to, GitHub.  

• Personal Information Provided by Exceeds Users. Users of the Exceeds Services may upload or otherwise provide personal information about others. For example, users of the Exceeds Services may provide personal information about their Team Members. 

3. HOW WE USE PERSONAL INFORMATION

We use personal information for a variety of business purposes, including to provide the Exceeds Services, to improve the Exceeds Services, and to provide you with marketing materials, as described below. 

1. Provide the Exceeds Services

We use personal information to provide the Exceeds Services, such as:

• Analyzing User Content; 

• Generating Reports and Performance Recommendations; 

• Providing access to certain areas, functionalities, and features of the Exceeds Services;

• Communicating with you;

• Answering requests; 

• Sharing personal information with third parties as needed to provide the Exceeds Services; and

• Processing your financial information and other payment methods. 

2. Improve the Exceeds Services and Develop New Products and Services

We use personal information to improve the Exceeds Services and to develop new products and services..

3. Operate Our Business 

We use personal information to operate our business, such as:

• Pursuing our legitimate interests such as direct marketing, research and development (including marketing research), network and information security, and fraud prevention;

• Carrying out analytics; 

• Creating de-identified and/or aggregated information; 

• Carrying out marketing activities including providing you with marketing and marketing to your employer if we think they may be interested in Exceeds’ products or services. If we market to your employer, we may disclose that you are a user of the Exceeds Services; 

• Enforcing our agreements and policies; and

• Carrying out activities that are required to comply with our legal obligations.

4. With Your Consent or Direction 

We may use personal information: (i) for other purposes that are clearly disclosed to you at the time you provide the personal information, (ii) with your consent, or (iii) as otherwise directed by you.

5. Automated Decision-Making

We may engage in automated decision-making, including profiling. 

4. HOW WE DISCLOSE PERSONAL INFORMATION

We disclose personal information to third parties for a variety of business purposes, including to provide the Exceeds Services, to protect us or others, or in connection with a major business transaction such as a merger, sale, or asset transfer, as described below. 

1. Disclosures to Provide the Exceeds Services

We may disclose any of the personal information we collect to the categories of third parties described below.

• Service Providers. We may disclose personal information to third-party service providers that assist us with the provision of the Exceeds Services. This may include, but is not limited to, service providers that provide us with hosting, customer service, analytics, IT support, artificial intelligence services, and related services. In addition, personal information and chat communications may be disclosed to service providers that help provide our chat features.

Some of the service providers we may use include: 

• Google Analytics. For more information about how Google uses your personal information, please visit Google Analytics’ Privacy Policy. To learn more about how to opt-out of Google Analytics’ use of your personal information, please click here.

• Other Users You Share or Interact With. The Exceeds Services may allow Exceeds users to share personal information or interact with other users of the Exceeds Services. For example, certain personal information processed in connection with the Exceeds Services may be shared with, or accessible to, your employer and Team Members. 

• Third-Party Services You Share or Interact With. The Exceeds Services may link to or allow you to interface, interact, share information with, direct us to share information with, access and/or use third-party websites, applications, services, products, and technology (each a “Third-Party Service”).

Any personal information shared with a Third-Party Service will be subject to the Third- Party Service’s privacy policy. We are not responsible for the processing of personal information by Third-Party Services.

• Business Partners. We may share your personal information with business partners to provide you with a product or service you have requested. We may also share your personal information with business partners with whom we jointly offer products or services. 

Once your personal information is shared with our business partner, it will also be subject to our business partner’s privacy policy. We are not responsible for the processing of personal information by our business partners. 

• Exceeds Customers (Authorized Users Only). In cases where you use the Exceeds Services as an employee, contractor, or other authorized user of an Exceeds customer, we may share any information associated with your use of the Exceeds Services with the Exceeds customer, including, but not limited to, account information, usage information, files, and the contents of the communications associated with your account. Your personal information may also be subject to the Exceeds customer’s privacy policy. We are not responsible for the Exceeds customer’s processing of your personal information. 

• Affiliates. We may share your personal information with our corporate affiliates.

2. Disclosures to Protect Us or Others

We may access, preserve, and disclose any information we store associated with you to external parties if we, in good faith, believe doing so is required or appropriate to: comply with law enforcement or national security requests and legal process, such as a court order or subpoena; protect your, our, or others’ rights, property, or safety; enforce our policies or contracts; collect amounts owed to us; or assist with an investigation or prosecution of suspected or actual illegal activity.

3. Disclosure in the Event of Merger, Sale, or Other Asset Transfers

If we are involved in a merger, acquisition, financing, reorganization, bankruptcy, receivership, purchase or sale of assets, transition of service to another provider, or other similar corporate transaction, your personal information may be disclosed, sold, or transferred as part of such a transaction.

5. YOUR PRIVACY CHOICES

The privacy choices you may have about your personal information are described below. 

• Email Communications. If you receive an unwanted email from us, you can use the unsubscribe functionality found at the bottom of the email to opt out of receiving future emails. Note that you will continue to receive transaction-related emails. We may also send you certain non-promotional communications regarding us and the Exceeds Services, and you will not be able to opt out of those communications (e.g., communications regarding the Exceeds Services or updates to this Privacy Notice).

• Text Messages. If you receive an unwanted text message from us, you may opt out of receiving future text messages from us by following the instructions in the text message you have received from us or by otherwise contacting us as set forth in “Contact Us” below.

• “Do Not Track.” Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers.

• Cookies. You may stop or restrict the placement of Technologies on your device or remove them by adjusting your preferences as your browser or device permits. However, if you adjust your preferences, the Exceeds Services may not work properly. 

Please note you must separately opt out in each browser and on each device. 

6. INTERNATIONAL TRANSFERS OF PERSONAL INFORMATION

All personal information processed by us may be transferred, processed, and stored anywhere in the world, including, but not limited to, the United States or other countries, which may have data protection laws that are different from the laws where you live. These countries may or may not have adequate data protection laws as defined by the data protection authority in your country. 

If we transfer personal information from the European Economic Area, Switzerland, and/or the United Kingdom to a country that does not provide an adequate level of protection under applicable data protection laws, one of the safeguards we may use to support such transfer is the EU Standard Contractual Clauses. 

For more information about the safeguards we use for international transfers of your personal information, please contact us as set forth below.

7. RETENTION OF PERSONAL INFORMATION 

We store the personal information we collect as described in this Privacy Notice for as long as you use the Exceeds Services, or as long as necessary to fulfill the purpose(s) for which it was collected, or as long as necessary to pursue our business purposes.

To determine the appropriate retention period for personal information, we may consider applicable legal requirements, the amount, nature, and sensitivity of the personal information, certain risk factors, the purposes for which we process your personal information, and whether we can achieve those purposes through other means.

8. SUPPLEMENTAL NOTICE FOR EU/UK GDPR

This Supplemental Notice for EU/UK GDPR only applies to our processing of personal information that is subject to the EU or UK General Data Protection Regulation.

In some cases, providing personal information may be a requirement under applicable law, a contractual requirement, or a requirement necessary to enter into a contract. If you choose not to provide personal information in cases where it is required, we will inform you of the consequences at the time of your refusal to provide the personal information.  

Exceeds’ processing of your personal information may be supported by one or more of the following lawful bases:

Your Privacy Rights. If your personal information is subject to the EU GDPR or the UK GDPR, you may have the right to:

• Request Access to or Portability of Your Personal Information.

• Request Correction of Your Personal Information.

• Request Deletion of Your Personal Information.

• Request Restriction of or Object to Our Processing of Your Personal Information.

• Withdraw Your Consent to Our Processing of Your Personal Information. Please note that your withdrawal will only take effect for future processing and will not affect the lawfulness of processing before the withdrawal.

• Lodge a Complaint with the Competent Supervisory Authority if you believe our processing of your personal information violates applicable law.

If you would like to exercise any of these rights, please contact us as set forth in “Contact Us” below. We will process such requests in accordance with applicable laws.

9. CHILDREN’S PERSONAL INFORMATION

The Exceeds Services are not directed to children under 16 (or other age as required by local law outside the United States), and we do not knowingly collect personal information from children. If you are a parent or guardian and believe your child has uploaded personal information to the Exceeds Services in violation of applicable law, you may contact us as described in “Contact Us” below.

10. . CONTACT US 

Exceeds is the controller of the personal information we process under this Privacy Notice.

If you have any questions about our privacy practices or this Privacy Notice, or to exercise your rights as detailed in this Privacy Notice, please contact us at privacy@exceeds[dot]ai