This privacy policy (“Privacy Policy”) governs how we, Pragmatica Ltd. (together, “Pragmatica” “we”, “our” or “us”) use, collect and store Personal Data we collect or receive from or about you (“you”) when you make use of, or interact with, our tool, mobile software application, and any other mobile software application, that we license (each individually, and collectively, the “Pragma”).

Please read this Privacy Policy carefully, so you can understand our practices and your rights in relation to personal data. “Personal Data” or “Personal Information” means any information that can be used, alone or together with other data, to uniquely identify any living human being and any information deemed as Personally Identifiable Information by privacy laws. Please note that this is a master privacy policy and some of its provisions only apply to individuals in certain jurisdictions. For example, the legal basis in the table below is only relevant to GDPR-protected individuals.

Important note: Nothing in this Privacy Policy is intended to limit in any way your statutory right, including your rights to a remedy or means of enforcement. 

Table of contents: 

1. What information we collect, why we collect it, and how it is used
2. Customer Information
3. AI Functionalities and Pragma Chatbot
4. How we protect and retain your Personal Data
5. How we share your Personal Data
6. Additional information regarding transfers of Personal Data
7. Your privacy rights
8. California privacy rights
9. Use by children
10. Interaction with third party products
11. Log files 
12. Analytic tools
13. Contact us

This Privacy Policy can be updated from time to time and, therefore, we ask you to check back periodically for the latest version of this Privacy Policy.  If we implement significant changes to the use of your Personal Data in a manner different from that stated at the time of collection, we will notify you by posting a notice on our Website or by other means.

1. WHAT INFORMATION WE COLLECT, WHY WE COLLECT IT, AND HOW IT IS USED

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When you download, activate and/or use Pragma:

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• Specific Personal Data we process: email address, organization name, full name and industry, recipient contact details, text, IP addresses, locations and payment details. 
• Why is the Personal Data processed and for what purposes? To provide, customize and/or improve the Services, to provide support, to train data models and to generate analytics. 
• Legal basis (GDPR only, if applicable) Performance of a contract (e.g. to provide the Services to you and perform our terms of service); legitimate interest (to process your requests and queries, to try our data models and to generate analytics); and consent (e.g. to access, process and analyze the text and perform particular functions on that text).
• Third parties with which we process your Personal Data Google Cloud, Amazon Web Services Hotjar, Slack, Notion, Github, Stripe, Auth0, Mailchimp.
• Retention period For the term of the service and we may retain email addresses for a period of 12 months, in order to contact you from time to time, or until you send a valid deletion request.
• Consequences of not providing the Personal Data: Cannot provide the Services to you; cannot process your queries; cannot optimize the results; and cannot customize the Services. 

When you browse and/or interact with our Website, www.pragma.ai (“Website”)

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• Specific Personal Data we process: Log files, unique identifiers, cookies, contact us information that you provide (e.g. name, email address, contact details, organization name and details, industry and the messages you send us)
• Why is the Personal Data processed and for what purposes? To deliver the Website, to process and answer questions, to provide support, to add you to our mailing list and send you marketing communications.
• Legal basis (GDPR only, if applicable) Performance of a contract, legitimate interests (e.g. responding to your requests), consent (e.g. certain types of cookies and marketing communications).
• Third parties with whom we share your Personal Data Salesforce, Hubspot, Webflow, Stripe, Auth0, mailchimp. 
• Retention period 24 months or until you send a valid deletion request.
• Consequences of not providing the Personal Data Cannot provide the Website to you; cannot process your queries; cannot contact you; cannot provide support; cannot add you to our mailing list and send you marketing communications.

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Finally, please note that some of the abovementioned Personal Data will be used for detecting, taking steps to prevent, and prosecution of fraud or other illegal activity, to identify and repair errors, to conduct audits, and for security purposes. Personal Data may also be used to comply with applicable laws, with investigations performed by the relevant authorities, law enforcement purposes, and/or to exercise or defend legal claims. In certain cases, we may or will anonymize or de-identify your Personal Data and further use it for internal and external purposes, including, without limitation, to improve the services and for research purposes. “Anonymous Information” means information which does not enable identification of an individual user, such as aggregated information about the use of our services. We may use Anonymous Information and/or disclose it to third parties without restrictions (for example, in order to improve our services and enhance your experience with them). 

2. CUSTOMER INFORMATION

1. We have a contractual relationship with our customers (“Customer”). In the context of the Pragma services, the Customer shares with us, and we access, Personal Data about the clients, prospective clients or other parties that interact with the Customer ("Customer Information").  
2. For the avoidance of doubt and as applicable, we are considered a “Processor” (as such capitalized term is defined in the European Union General Data Protection Regulation (“GDPR”)), and/or, as applicable, “Service Provider” (as such capitalized term is defined in The California Consumer Privacy Act of 2018 (“CCPA”) as amended by the California Privacy Rights Act  of 2020 ("CPRA") (together, the "CCPA")) of such Customer Information. Customer is responsible for the security, integrity and authorized usage of Customer Information in the context of our services, and also for obtaining consents, and permissions, and providing any required data subject rights and fair processing notices required for the collection, processing, usage, and for allowing us access to such Customer Information. Please note that we do not have any contractual relationship with the Customer’s clients, prospective clients, or other parties with whom the Customer interacts, therefore, the Customer is the responsible party for complying with all laws and regulations (including, without limitation, privacy laws) that apply to the Customer Information. If you have any question about your Personal Data included within Customer information, please contact the Customer directly.

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3. AI FUNCTIONALITIES AND PRAGMA CHATBOT. 

As part of the Services, Pragma may provide You with various AI-enabled features and functionalities (“AI Functionalities”), including an AI-generated chatbot ("Chatbot"). The AI Functionalities and the Chatbot could involve integrations with third parties, such as OpenAI. Pragma may provide You with AI Functionalities which may include, without limitation, OpenAI LLC (“OpenAI”) language-generation models ("GPT"), incorporated into the Chatbot to be used as a tool to create automatically generated tickets, answers to questions, descriptions, instructions, and other texts. You may use the AI Functionalities only in supported geographies. For the purpose of providing you with the AI Functionalities and/or the Chatbot, Pragma may integrate data from your company’s information. You acknowledge, instruct, and agree to Pragma's use of Your information and data to train Your designated Chatbot (including, without limitation, customer tickets and other forms of content or data). Such Chatbot will be offered as a customized version for Your use. For clarity, Pragma does not share Your information with other customers, and it uses Your information solely for the purposes of providing the Chatbot and AI Functionalities to You. You shall obtain and maintain all necessary consents, rights and permits and provide all necessary notices for such use of Your information by us. In connection with your use of the AI Functionalities and/or the Chatbot, You may provide input (“Input”), and receive output generated and returned by the AI Functionalities and/or the Chatbot based on the Input (“Output”). You acknowledge that you are not required by law or otherwise to provide any specific Input and that any Input is provided on a voluntary basis. In addition, You acknowledge that the Output is subject to, depends on, and is a function of the Input. You acknowledge that any Output may not be unique. As between You and Pragma, Pragma and its third-party technology providers and licensors (including, without limitation, OpenAI), as applicable, own and reserve all legal right, title and interest in and to the AI Functionalities, including all intellectual property and proprietary rights. You may not use AI Functionalities and/or the Chatbot to create or share Output in a manner that violates this document and/or any third-party policies, such as OpenAI policies, including, without limitation, their Content Policy; Usage Policy, Sharing and Publication Policy, Community Guidelines, and Open AI Terms, which apply to the use of OpenAI. The AI Functionalities, Chatbot, and the Outputs are provided to the Customers on an "as is" and "as available" basis. Pragma disclaims all express warranties and all implied warranties, including merchantability and fitness for a particular purpose. You shall be the sole responsible for the Input and the Output provided. You acknowledge that no security measures can fully prevent all potential loss, misuse or alteration of personal and other information provided as Input, and therefore, Pragma and any of its affiliates shall, to the fullest extent permitted by law, not be liable for any potential losses or damages arising as a result of the Chatbot and AI Functionalities. You shall not: (i) use output from the AI Functionalities and/or the Chatbot to develop models that compete with  Pragma and/or OpenAI; (ii) use the AI Functionalities and/or Chatbot to process any health information, Personal Information, financial information or any other category of Confidential Information or sensitive information, as defined under applicable laws (iii) disclose to any third party information related to the AI Functionalities and/or the Chatbot (which shall all be considered Pragma's Confidential Information) (iv) use any automated or programmatic method to extract data or output from the AI Functionalities, including scraping, web harvesting, or web data extraction; (v) represent that output from the AI Functionalities and/or the Chatbot was human-generated when it is not or otherwise violate this Agreement and the OpenAI Usage Policies; (vi) send or process any personal information of children under 13 or the applicable age of digital consent in connection with the AI Functionalities and/or the Chatbot; or (vii) use any AI Functionalities and/or the Chatbot in violation of applicable laws or third-party rights or for unethical purposes.

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4. HOW WE PROTECT AND RETAIN YOUR INFORMATION 

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1. Security. We have implemented industry standard technical, organizational and security measures designed to protect your Personal Data. However, please note that we cannot guarantee that the information will not be compromised as a result of unauthorized penetration to our servers. As the security of information depends in part on the security of the computer, device or network you use to communicate with us and the security you use to protect your user IDs and passwords, please make sure to take appropriate measures to protect this information.

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2. Retention of your Personal Data. In addition to the retention periods mentioned above, please note that in some circumstances we may store your Personal Data for longer periods of time, for example (i) where we are required to do so in accordance with legal, regulatory, tax or accounting requirements, or (ii) for us to have an accurate record of your dealings with us in the event of any complaints or challenges, or (iii) if we reasonably believe there is a prospect of litigation relating to your Personal Data or dealings. All information will be kept for a period of three years, or earlier, following a deletion request.

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5.  HOW WE SHARE YOUR PERSONAL DATA 

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We may share your Personal Data as follows:

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1. With our service providers in order to offer our products and/or services. We may also share Personal Data with our affiliated companies.
2. To the extent necessary, with regulators, courts or competent authorities, to comply with applicable laws, regulations and rules (including, without limitation, federal, state or local laws), and requests of law enforcement, regulatory and other governmental agencies or if required to do so by court order;
3. If, in the future, we sell or transfer, or we consider selling or transferring, some or all of our business, shares or assets to a third party, we will disclose your Personal Data to such third party (whether actual or potential) in connection with the foregoing events;
4. In the event that we are acquired by, or merged with, a third party entity, or in the event of bankruptcy or a comparable event, we reserve the right to transfer, disclose or assign your Personal Data in connection with the foregoing events, including, in connection with, or during negotiations of, any merger, sale of company assets, consolidation or restructuring, financing, or acquisition of all or a portion of our business by or to another company; and/or 
5. Where you have provided your consent to us sharing or transferring your Personal Data (e.g., where you provide us with marketing consents or opt-in to optional additional services or functionality).

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6. ADDITIONAL INFORMATION REGARDING TRANSFERS OF PERSONAL DATA

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1. Storage: We store the Personal Data with the following storing companies: Google Cloud, Amazon Web Services, Salesforce.

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2. Transfers (GDPR only, to the extent applicable): Where we transfer your Personal Data outside of EU/EEA (for example to third parties who provide us with services), we will generally obtain contractual commitments from them to protect your Personal Data. When Pragmatica engages in such transfers of personal information, it generally relies on i) Adequacy Decisions as adopted by European Commission on the basis of Article 45 of Regulation (EU) 2016/679 (GDPR) (for example, when we access from Israel), or ii) Standard Contractual Clauses issued by the European Commission. 

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7. YOUR PRIVACY RIGHTS. HOW TO DELETE YOUR ACCOUNT

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1. Rights: The following rights (which may be subject to certain exemptions or derogations) shall apply to certain individuals (some of which only apply to individuals protected by the GDPR or by CCPA, if applicable):

• You have a right to access Personal Data held about you. Your right of access may normally be exercised free of charge, however we reserve the right to charge an appropriate administrative fee where permitted by applicable law;
• You have the right to request that we rectify any Personal Data we hold that is inaccurate or misleading;
• You have the right to request the erasure/deletion of your Personal Data (e.g. from our records). Please note that there may be circumstances in which we are required to retain your Personal Data, for example for the establishment, exercise or defense of legal claims;
• You have the right to object, to or to request restriction, of the processing;
• You have the right to data portability. This means that you may have the right to receive your Personal Data in a structured, commonly used and machine-readable format, and that you have the right to transmit that data to another controller;
• You have the right to object to profiling;
• You have the right to withdraw your consent at any time. Please note that there may be circumstances in which we are entitled to continue processing your data, in particular if the processing is required to meet our legal and regulatory obligations. Also, please  note that the withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal;
• You also have a right to request certain details of the basis on which your Personal Data is transferred outside the European Economic Area, but data transfer agreements and/or other details may need to be partially redacted for reasons of commercial confidentiality;
• You have a right to lodge a complaint with your local data protection supervisory authority (i.e., your place of habitual residence, place or work or place of alleged infringement) at any time or before the relevant institutions in your place of residence. We ask that you please attempt to resolve any issues with us before you contact your local supervisory authority and/or relevant institution.
• You have a right to know about the Personal Information we collect, how we use it and how/if we share it. This right is supplemented by this Privacy Policy.
• You have a right to opt-out of the sale or sharing of your Personal Information, as applicable.
• You have a right to not be discriminated against for exercising your CCPA rights, as applicable.
• You have a right to limit the use and disclosure of sensitive Personal Information collected about you.

2. You can exercise your rights by contacting us at privacy@pragma.ai.  You may use an authorized agent to submit a request on your behalf if you provide the authorized agent written permission signed by you. To protect your privacy, we may take steps to verify your identity before fulfilling your request. Subject to legal and other permissible considerations, we will make every reasonable effort to honor your request promptly in accordance with applicable law or inform you if we require further information in order to fulfil your request. When processing your request, we may ask you for additional information to confirm or verify your identity and for security purposes, before processing and/or honoring your request. We reserve the right to charge a fee where permitted by law, for instance if your request is manifestly unfounded or excessive. In the event that your request would adversely affect the rights and freedoms of others (for example, would impact the duty of confidentiality we owe to others) or if we are legally entitled to deal with your request in a different way than initial requested, we will address your request to the maximum extent possible, all in accordance with applicable law. 

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3. Deleting your account: Should you ever decide to delete your account, you may do so by emailing privacy@pragma.ai.

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8. CALIFORNIA PRIVACY RIGHTS

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1. In some contexts, the CCPA permits users who are California residents to request to exercise certain rights. Subject to its applicability to Pragma, and to the extent that you are a California resident, the CCPA grants you the right to request certain information about our practices with respect to your Personal Data. In particular, you can request to receive information on the following:

• The categories and specific pieces of your Personal Data that we have collected.
• The categories of sources from which we collected your Personal Data.
• The business or commercial purposes for which we collected your Personal Data.
• The categories of third parties with which we shared your Personal Data.

2. We do not sell nor share your Personal Information. If you choose to exercise your rights, we will not charge you different prices or provide different quality of our Services, unless those differences are related to your provision of your Personal Information.

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3. Please note that you must verify your identity and request before further action is taken. As a part of this process, government identification may be required. Moreover, you may designate an authorized agent to make a request on your behalf. 

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4. We endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. Any disclosures we provide, will only cover the 12 month period preceding your verifiable request's receipt. If, for some reason, we cannot reply within such time frame, our response will include an explanation for our inability to comply. If you wish to exercise your CCPA rights, please contact us at: privacy@pragma.ai.

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5. We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

• Deny you goods or services.
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
• Provide you with a different level or quality of goods or services.
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

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6. If at any time you would like to unsubscribe from receiving future emails, you can email us at privacy@pragma.ai.and we will promptly remove you from our correspondence.
7. Other California Privacy Rights: California Civil Code Section 1798.83 permits our customers who are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please send an email to privacy@pragma.ai. Please note that we are only required to respond to one request per customer each year.

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8. 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

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9. USE BY CHILDREN 

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We do not offer our products or services for use by children and, therefore, we do not knowingly collect Personal Data from, and/or about children under the age of eighteen (18). If you are under the age of eighteen (18), do not provide any Personal Data to us. In the event that we become aware that you provide Personal Data in violation of applicable privacy laws, we reserve the right to delete it. If you believe that we might have any such information, please contact us at privacy@pragma.ai. 

10. INTERACTION WITH THIRD PARTY PRODUCTS 

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We may enable you to interact with third party websites, mobile software applications and products or services that are not owned or controlled by us (each a “Third Party Service”). We are not responsible for the privacy practices or the content of such Third Party Services. Please be aware that Third Party Services can collect Personal Data from you. Accordingly, we encourage you to read the terms and conditions and privacy policies of each Third Party Service.

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11. LOG FILES 

We use log files. We use such information to analyze trends, administer Pragma, track users’ movement around Pragma, and gather demographic information.

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12. ANALYTIC TOOLS   

• Google Analytics. The Website uses a tool called “Google Analytics” to collect information about use of the Website. Google Analytics collects information such as how often users visit this Website, what pages they visit when they do so, and what other websites they used prior to coming to this Website. We use the information we get from Google Analytics to maintain and improve the Website and our products. We do not combine the information collected through the use of Google Analytics with Personal Information we collect. Google’s ability to use and share information collected by Google Analytics about your visits to this Website is restricted by the Google Analytics Terms of Service, available at https://marketingplatform.google.com/about/analytics/terms/us/, and the Google Privacy Policy, available at http://www.google.com/policies/privacy/. You may learn more about how Google collects and processes data specifically in connection with Google Analytics at http://www.google.com/policies/privacy/partners/. You may prevent your data from being used by Google Analytics by downloading and installing the Google Analytics Opt-out Browser Add-on, available at https://tools.google.com/dlpage/gaoptout/. 
• Mixpanel. We collect Personal Information such as your email address and your user activity through the use of Mixpanel. Mixpanel’s ability to use and share information is governed by the Mixpanel Terms of Use, available at https://mixpanel.com/terms/, and the Mixpanel Privacy Policy, available at https://mixpanel.com/privacy/. You can opt-out of Mixpanel’s services by clicking on the following link: https://mixpanel.com/optout/.
• Hotjar. The Website uses Hotjar in order to better understand our users’ needs and to optimize this service and experience. Hotjar is a technology service that helps us better understand our users experience (e.g. how much time they spend on which pages, which links they choose to click, what users do and don’t like, etc.) and this enables us to build and maintain our service with user feedback. Hotjar uses cookies and other technologies to collect data on our users’ behavior and their devices. This includes a device's IP address (processed during your session and stored in a de-identified form), device screen size, device type (unique device identifiers), browser information, geographic location (country only), and the preferred language used to display our website. Hotjar stores this information in a pseudonymized user profile. Hotjar is contractually forbidden to sell any of the data collected on our behalf. For further details, please see Hotjar’s privacy policy at https://www.hotjar.com/legal/policies/privacy. You can opt-out to the creation of a user profile, Hotjar’s storing of data about your usage of our Website and Hotjar’s use of tracking cookies on other websites on this link https://www.hotjar.com/legal/compliance/opt-out. 
• Google Signals. The Website uses a tool called “Google Signals” to collect information about use of the Website. When we activate Google Signals, some existing Google Analytics features are updated to also include aggregated data from Google users who have turned on “Ads Personalization” (Ads Personalization available at https://support.google.com/ads/answer/2662856/). Audiences that we create in Google Analytics and publish to Google Ads and other Google Marketing Platform advertising products can serve ads in cross device-eligible remarketing campaigns to Google users who have turned on Ads Personalization. Google Analytics collects additional information about users who have turned on Ads Personalization, base across device types and on aggregated data from users who have turned on Ads Personalization. The data is user based rather than session based. The Cross Device reports include only aggregated data. No data for individual users is ever exposed. You can modify your interests, choose whether your Personal Data is used to make ads more relevant to you, and turn on or off certain advertising services in the Ads Personalization link above.

We reserve the right to remove or add new analytic tools.

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10. CONTACT US

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If you have any questions, concerns or complaints regarding our compliance with this notice and the data protection laws, or if you wish to exercise your rights, we encourage you to first contact us at privacy@pragma.ai. 

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