Introduction: What Is CerteVerus AI and Why Do We Collect Your Information
CerteVerus AI, Inc. (“CerteVerus AI”) collects the business data of our customers and uses that data to create a “digital twin,” a virtual model of the customer based on its data that we use to measure the effect of changes to its business operations, both historically and predictively (the “Modeling and Consulting”). Although we rely on our clients’ business data, personal information is frequently included in that data.
This policy does not apply to the practices of companies that we do not own or control, or to individuals that we do not employ or manage.
B. What Information Does CerteVerus AI Collect?
1. Personal Information Provided to Us
CerteVerus AI’s customers provide information about their business operations employees, and business development activities so that we may provide the Services. Frequently, our customers collect or manage this information in applications such as Salesforce, Yelp, and Zocdoc (collectively, “Business Applications”). The information our customers provide to us includes: names, contact information (including home address, work address, email address, fax number, and phone number), date of birth, demographic information (including age, gender, household income, and marital status), family information (including name, age, gender, date of birth, contact information, marital status, insurance information for, and data concerning the health of a partner or spouse, children, and other family members), information related to an individual as a business contact or referral source (including job title, employer information, history of communications with our customers, history of the individual’s business transactions with our customers, and other people the individual knows or has referred to our customers), social media profile and activity, public reviews and comments, online activity, medical appointment history, work schedule, salary, and benefits provided by employer (including health insurance, life insurance, dental insurance, and extended care insurance). In providing the Services, we do not actively collect the notes or comments of our customers’ employees regarding business operations, other employees, or business development activities and contacts, but we cannot control how those employees enter and categorize the information in Business Applications that we collect. As a result, we may collect the contents of some of those notes and comments.
2. Personal Information You Provide to Us
At times when you interact with the Services, you may provide Personal Information to CerteVerus AI. This information may include: your name, contact information (including home address, work address, email address, and phone number), account credentials (including user name, password, and security questions), communication preferences, and credit card information.
You may communicate with CerteVerus AI through email, mail, in person communications, phone, text, chat, or any other paper and electronic form. When you do so, we may collect your name, contact information (including phone number, email address, work and/or home address), the content of any communication, the metadata associated with any communication, and other such Personal Information. Phone calls may be monitored or recorded.
If you apply for employment, CerteVerus AI may collect or you may choose to provide the following: name, contact information (including phone number, email address, work and/or home address), date of birth, demographic information (like gender, age, household income, nationality, and race and ethnicity), immigration status and documentation, schooling and education information, disability information, recommendations, employment information and history, information from interviews, user name or e-mail address, any other information you may provide to CerteVerus AI, and other such Personal Information.
You can choose not to provide CerteVerus AI with Personal Information. However, doing so will affect our ability to communicate with, provide Services to, employ, or otherwise interact with you.
3. Personal Information Processed Automatically
When accessing or using CerteVerus AI’s Websites, Portals, and applications, certain information may be passively collected using various technologies, such as IP addresses and cookies.
An IP address is a number assigned to a computer by an Internet service provider to access the Internet. In most consumer cases, an IP address is dynamic (changing each time connect to the Internet), not static (unique to a particular user’s computer).
5. Information Purchased from Third Parties
CerteVerus AI purchases the contact information for potential clients from third parties from lead generation services LinkedIn Navigator, Phantom, and Wiza.
6. Special Categories of Personal Information
7. Personal Information CerteVerus AI Has Collected in the Last 12 Months
C. What Does CerteVerus AI Do With Personal Information?
1. Use of Personal Information
CerteVerus AI uses all categories of Personal Information listed above for any and all legal and legitimate businesses purposes, including the following: (a) communicate with individuals; (b) conduct CerteVerus AI’s business operations, including performing research among individuals who interact with or may interact with the Services; (c) provide the Services; (d) operate, maintain, and improve the Websites, the Portals, and other software and applications; (e) evaluate and hire potential employees; (f) prepare and manage events; (g) investigate and resolve disputes and other issues; (h) disclose to third parties as set forth in this Section and Section D; (i) develop aggregate or statistical information to support any of the other purposes listed in this Section, and (j) any other lawful and legitimate business purpose.
2. Storage of Personal Information
D. Will CerteVerus AI Disclose Personal Information?
1. Third Party Service Providers
CerteVerus AI discloses Personal Information to third parties necessary or appropriate to provide the Services, including cloud storage providers and any other third party that an individual requests or authorizes CerteVerus AI to disclose Personal Information about them to or that is necessary or appropriate for CerteVerus AI to disclose Personal Information to in order to provide the Services.
2. Sale of Personal Information
CerteVerus AI does not sell Personal Information.
3. Business Transfers
CerteVerus AI may sell its assets. In these types of transactions, Personal Information is one of the assets transferred. If CerteVerus AI sells all or substantially all of its assets, or if CerteVerus AI goes out of business, enters bankruptcy, or goes through some other change of control, Personal Information would be one of the assets transferred to or acquired by a third party.
4. Legal Obligations, Protection of CerteVerus AI, and Protection of Others
Except as set forth above, we will obtain your consent before disclosing your Personal Information to a third party.
6. Personal Information CerteVerus AI Has Sold to Customers in the Last 12 Months
CerteVerus AI has not sold Personal Information in the last 12 months. CerteVerus does not sell Personal Information.
7. Personal Information CerteVerus AI Has Disclosed to Third Parties in the Last 12 Months
E. What Are CerteVerus AI’s Legal Bases for Collecting and Using Personal Information?
To the extent that you give CerteVerus AI Personal Information about another individual, you will ensure, and hereby represent to CerteVerus AI, that each such other individual has consented to CerteVerus AI’s collection and use of Personal Information about that individual, if and to the extent Privacy Laws require such consent.
Except upon the request of an individual, as explained in Section G below, and except as the Privacy Laws permit or require otherwise, CerteVerus AI will determine the retention period of any Personal Information based on the following criteria:
1. The nature of our relationship with the relevant customer;
2. The existence of other ongoing or expected projects with the relevant customer;
3. The nature of the Personal Information in question; and
4. Our business needs.
G. What Are Individuals’ Rights With Respect to Personal Information About Them?
Except where permitted or required by Privacy Laws, you have the following rights regarding CerteVerus AI’s collection and use of your Personal Information.
1. Requests to CerteVerus AI
You may request the following from CerteVerus AI with respect to your Personal Information:
(1) The correction, updating, deletion, or restriction of collection and use of your Personal Information;
(2) The categories of Personal Information CerteVerus AI has collected about you;
(3) The categories of sources from which CerteVerus AI has collected your Personal Information;
(4) The envisaged period for which the Personal Information will be stored, or, if not possible, the criteria used to determine that period;
(5) The business or commercial purpose(s) for collecting and disclosing your Personal Information;
(6) An account of how CerteVerus AI has used or is using your Personal Information;
(7) A copy of your Personal Information retained by CerteVerus AI, to be delivered in a structured, commonly used and machine readable format to review or to transfer or transmit to another entity without hindrance, to the extent that that is technically feasible;
(8) The categories of third parties with whom CerteVerus AI shares your Personal Information;
(9) The categories of your Personal Information that we have shared with third parties, including customers, and the categories of third parties to which we have shared each particular category of Personal Information;
(10) A list of all third parties that have received your Personal Information from CerteVerus AI; and
(11) The specific pieces of Personal Information CerteVerus AI has collected about you.
If you request that your Personal Information be erased or deleted or that CerteVerus AI otherwise restrict its collection and use of Personal Information, CerteVerus AI may terminate or limit your access to the Websites, Portals, other applications, and the Services. If CerteVerus AI has not collected or used your Personal Information, or has not disclosed your Personal Information to another party, CerteVerus AI will inform you of that in response to any of the above requests. Some information may remain in CerteVerus AI’s backup media after erasure or deletion for a period of time. When you request that CerteVerus AI update information, CerteVerus AI may retain a copy of the unrevised information in CerteVerus AI’s records. CerteVerus AI also may use any anonymized aggregated statistical data derived from or incorporating Personal Information after it is updated, erased, or deleted, but not in a manner that would identify you.
We will confirm receipt of all such requests and provide information about how CerteVerus AI will process the request within 10 days of receipt. We will substantively respond to all such requests within 30 days, subject to lawful extension of that period, and there may be a delay in processing a request while we verify that the request is valid and originates from you as opposed to an unauthorized third party. Our verification process varies based on the source and nature of the request, but may include: comparing data in the request against Personal Information we retain; contacting you using other contact information; requesting further information, although we will avoid doing so to the extent possible; and the consideration of certain factors, including the type, sensitivity, and value of your Personal Information, the risk of harm to you posed by an unauthorized request, the likelihood that fraudulent or malicious actors would seek your Personal Information, the manner in which we interact with you, the available technology, and whether the information you have provided to verify your identity is sufficiently robust to protect against fraudulent requests. To the extent permitted by the Privacy Laws, CerteVerus AI retains the right to deny any request if we cannot verify that it originated from you.
CerteVerus AI retains records of all of the above requests and our responses for 24 months, unless otherwise prohibited by the Privacy Laws.
You may make any of the foregoing requests by contacting CerteVerus AI at the contact information in Section P below.
. To do so, you must provide written and signed authority to the agent, and written and signed notice to CerteVerus AI that CerteVerus AI may act on such requests by that agent. You may withdraw such authorization at any time by contacting CerteVerus AI at the contact information in Section P below.
3. Withdrawal of Consent
To the extent CerteVerus AI collects and uses your Personal Information pursuant to your consent, you may withdraw your consent at any time by contacting CerteVerus AI at the contact information in Section P below, although such withdrawal does not affect the lawfulness of Company’s use of your Personal Information before such withdrawal. Withdrawal of consent may affect the functionality of the Websites, the Portals, other applications, and the Services.
4. Object or Challenge
You may object to, or otherwise challenge, CerteVerus AI’s collection and use of your Personal Information. You may do either by contacting CerteVerus AI using the contact information in Section P below.
CerteVerus AI will respond within 30 days. Where such objection is received from an individual whose Personal Information CerteVerus AI collects and uses as the processor for a controller (as those terms are defined in the GDPR), CerteVerus AI will inform the controller of the objection within 30 days.
5. Filing a Complaint
Regulatory authorities that oversee the Privacy Laws typically advise individuals to file an objection or challenge with the company before lodging a formal complaint with a regulatory authority. If an individual is dissatisfied with CerteVerus AI’s response to an objection or challenge filed under Section G(4), or wishes to file a complaint with a regulatory authority first, the individual may do so, including as follows:
GDPR: a supervisory authority in the relevant European Union member state;
PII Laws: the relevant states’ Attorney General’s office.
6. Prohibit Automated Processing
At your request, CerteVerus AI will terminate any automated decision making, including profiling, that is the sole source of decisions that produce a legal effect concerning or similarly significantly affecting you. Consistent with Section M, CerteVerus AI does not use any such automated decision making or profiling at this time.
7. Accessibility for Users with Disabilities
CerteVerus AI will not discriminate against you because you have exercised any of the rights above or any other rights you retain pursuant to the Privacy Laws, including, but not limited to by:
1. Denying goods or services to you;
2. Charging different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties;
3. Providing a different level or quality of goods or services to you; and
4. Suggesting that you will receive a different price or rate for goods or services or a different level or quality of goods or services.
Consistent with the Privacy Laws, CerteVerus AI: (i) retains the right to charge you a different price or rate, or provide a different level or quality of goods or services to you, if that difference is reasonably related to the value provided to CerteVerus AI by your Personal Information; (ii) may offer financial incentives, including payments to you as compensation, for the collection, disclosure, or deletion of your Personal Information; (iii) may enter you into a financial incentive program only if CerteVerus AI clearly describes the material terms of the financial incentive program, so long as you give CerteVerus AI prior opt-in consent, which you may revoke at any time; and (iv) shall not use financial incentive practices that are unjust, unreasonable, coercive, or usurious in nature.
H. What Are CerteVerus AI’s Financial Incentives?
CerteVerus AI does not offer any financial incentives for providing Personal Information.
I. Is Personal Information Secure?
CerteVerus AI employs reasonable and appropriate technological, physical, and administrative measures to safeguard the confidentiality, integrity, and availability of Personal Information. Individuals seeking additional information about such safeguards may contact CerteVerus AI using the contact information in Section P below.
The Websites, the Portals, and other applications may contain links to other sites and third party content. CerteVerus AI is not responsible for the security or privacy provided by such third parties.
J. Personal Information From Children Under 18
CerteVerus AI does not knowingly collect or use Personal Information from anyone under the age of 18 without first obtaining verified parental consent. With regard to the Personal Information we receive from our customers, we rely on our customers to obtain all required verified parental consent.
K. Contractual or Statutory Requirements
L. Failure to Provide Personal Information
You can always opt not to disclose information to CerteVerus AI. If and to the extent you elect to do so, that decision will affect CerteVerus AI’s ability to communicate with, provide Services to, employ, or otherwise interact with you.
M. Automated Decision Making
CerteVerus AI does not rely on automated decision making, including profiling, that will produce legal effects concerning or similarly significantly affecting any individual. Pursuant to Article 4(4) of the GDPR, profiling is defined as “any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse [sic] or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behavior [sic], location or movements.”
N. Transfer of Data
If and to the extent that CerteVerus AI transfers Personal Information from another country into the United States, CerteVerus AI does so in compliance with the Privacy Laws of the originating country.
P. Contact Information
Q. Effective Date