Privacy Policy

Effective Date: August 1, 2023

1.0 Introduction

Replicant is a technology company headquartered in San Francisco, CA, which focuses on providing services to enterprise contact centers.

For more information about our services, please refer to our website:

www.replicant.com

This Privacy Policy is applicable to Replicant (“we,” “our,” or “us”) as related to our services, which collectively include:

the use of www.replicant.com (“website”)
the use of the application website www.replicant.ai (“application”)
social media messages and marketing campaigns and
the use of our products and services.

This Privacy Policy sets out the essential details relating to your personal data relationships with Replicant as:

A website visitor
An end user of the application (“end user”)
A prospective client
A job applicant and
Partners

Clients contract the use of our application and give access to their employees and other third parties, as solely decided by them, by creating users who access the application via their identity provider and unique credentials respectively. The clients’ administrators grant end users roles, which result in different permissions and access rights to the information held in the Client account.

2.0 Personal Information We Collect

2.1 Information You Choose to Provide to Us

WHEN

We may ask you to provide personal information when:

You use the website to download articles, data sheets or eBooks.
You request a free trial or demo.
You refer a friend to us.
You connect with us directly via phone calls or video conferencing platforms.
We or Client Account Administrators grant you access to the application.
You or Client Account Administrators upload or enter personal information into the application.
You participate in a marketing or sales promotion.
You attend trade events and other industry networking events.
You register or attend a webinar or other event.
You participate in programs we may offer from time to time.
You participate in chats.
You pay for our services.

If you choose to provide us with a third-party’s personal information (the person’s name, email and company) when taking part in our referral program, you represent that you have the third-party’s permission to do so.

WHAT

We collect personal information that may include first and last name, business email address, phone number and/or company name.

As an end user of the application, we collect your name, business email address and any comments you make in the application.

In addition, we may collect data uploaded by you, your employer or other users of the application that may be required to use Replicant services. We expect all users to follow their organization’s privacy policy and any applicable regulatory requirements when uploading, accessing and using personal information into our application. The data uploaded may include personal information like:

Employee names, email addresses and contractual agreements
Customer names, phone numbers, physical address and/or email addresses used to provide services within Replicant’s platform

As a job applicant, we may also collect your resume and cover letter.

Further information, including specific obligations of the Replicant, can be found in the Service and/or Data Processing Agreements.

2.2 Information We Collect Automatically

WHEN

We collect information about your visits to the website and the application when you land on any of our web pages through cookies and similar tracking technology.

WHAT

The information collected includes:

Usage, Log, and Device Information: We collect information from your use of or interaction with the Website such as system activity, hardware settings, browser type, browser language, the date and time of your visit, and the referral URL. We monitor user activity in connection with the Website and may collect information about the features you use, the Content you upload, download, share, or access while using the Replicant Service, the Content you access, and any actions taken in connection with the access and use of your Content in the Replicant Service. When you interact with the Product by calling Replicant customers, we also collect your phone number, call duration, call content, call history and other information applicable to the provision of the Replicant Service to our customers.
Information Collected by Cookies and Other Tracking Technologies: A cookie is a small file containing a string of characters that is sent to your computer when you visit a website. When you visit the website again, the cookie allows that site to recognize your browser. Cookies may store user preferences and other information. You can set your browser to refuse all cookies or to indicate when a cookie is being sent. However, some website features or services may not function properly without cookies. We use cookies to understand and save your preferences for future visits and compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future. We may contract with third-party service providers to assist us in better understanding our site visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business.
Phone Calls: All calls which interact with the Replicant Product are recorded by our system and stored. If you discuss personal information during these calls, this information will be recorded.
We may also collect information when you open email messages from us or click on links within those email messages.

3.0 How We Use Personal Information

We may use the information collected through the Replicant Service for the purpose of providing the Replicant Service and related functionality. The information may be used for a variety of purposes, including:

Provide, operate, maintain, and improve the Replicant Service;
Enable you to access and use the Replicant Service;
Send you technical notices, updates, security alerts, and support and administrative messages;
Provide and deliver the services and features you request, process, and complete transactions, and send you related information, including purchase confirmations and invoices;
Respond to your comments, questions, and requests, and provide customer service and support;
Communicate with you about services, features, surveys, newsletters, offers, promotions, events, and provide other news or information about Replicant and our select partners;
Process and deliver survey entries and rewards;
Monitor and analyze trends, usage, and activities in connection with the Replicant Service and for marketing or advertising purposes;
Investigate and prevent fraudulent transactions, unauthorized access to the Replicant Service, and other illegal activities;
Personalize and improve the Replicant Service, and provide content and/or features that match your interests and preferences or otherwise customize your experience on the Replicant Service; and
For other purposes about which we notify you.

Legal Disclosures

Additionally we may disclose personal data in special cases when we have a good faith belief that such action is necessary to: (a) conform to legal requirements or to respond to lawful requests by public authorities, including to meet national security or law enforcement requirements; (b) protect and defend our rights or property; or (c) act to protect the interests of our users or others.

We do not sell your information to any third party.

4.0 How We Share Personal Information

Our Application and Services

We will not share personal information about you or any Content with any third parties except as described in this Privacy Policy, or as defined in an agreement with us, in connection with the Replicant Service. For example, we may share personal information about you.

Examples

We use third parties to help us provide our services. They will have access to your information as collected by the website or the application, as reasonably necessary to perform the contracted tasks on our behalf. We sign contractual agreements to obligate them to protect the personal information, only use it to deliver the contracted services to us, prohibit them from selling it and not disclose it without our knowledge and permission.

To Vendors, Consultants, and Other Service Providers: We may share your information with third-party vendors, consultants, and other service providers who are working on our behalf and require access to your information to carry out that work, such as to process billing or as it relates to a Product feature. These service providers are authorized to use your personal information only as necessary to provide services to Replicant.
In Compliance with Laws: We may disclose your information to a third party: (a) if we believe that disclosure is reasonably necessary to comply with any applicable law, regulation, legal process, or governmental request; (b) to enforce our agreements and policies; (c) to protect the security or integrity of the Replicant Service; (d) to protect Replicant, our customers, or the public from harm or illegal activities; (e) to respond to an emergency which we believe in the good faith requires us to disclose information to assist in preventing the death or serious bodily injury of any person; or (f) as otherwise directed by you.
For Business Transfers: We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company. You may be notified thereafter via email of any such change in ownership or control of your personal information.
As Aggregated and/or Anonymized Data: We may also share aggregated and/or anonymized information with third parties that do not directly identify you.

Change in Control

We can also share your personal data as part of a sale, merger, change in control or in preparation for any of these events.

Any other entity which buys us or part of our business will have the right to continue to use your data, but only in the manner set out in this Privacy Policy unless you agree otherwise.

5.0 How We Secure Personal Information

We are committed to protecting the security of all of the personal information we collect and use.

We use a variety of physical, administrative and technical safeguards designed to help protect it from unauthorized access, use and disclosure. We have implemented best-practice standards and controls in compliance with internationally recognized security frameworks. We use encryption technologies to protect data at rest and in transit.

If you have any questions about the security of your personal information, you can contact Replicant’s DPO and EU/UK Representative at [email protected]

6.0 Your Rights

We provide the same suite of services to all of our clients and end users worldwide.

We offer the following rights to all individuals regardless of their location or applicable privacy regulations.

For personal information we have about you, you can:

Access your personal information or request a copy.

You have the right to obtain information about what personal information we process about you or to obtain a copy of your personal information.

If you have provided personal information to us, you may contact us to obtain an outline of what information we have about you or a copy of the information.

If you are an end user of the application, you can log in to see the personal information in the account or approach your employer for more information.

You have the right to be notified of what personal information we collect about you and how we use it, disclose it and protect it.

This Privacy Policy describes what personal information we collect and our privacy practices. We may also have additional privacy notices and statements available to you at the point of providing information to us directly.

Change or correct your personal information.

You have the right to update or correct your personal information or ask us to do it on your behalf.

You can edit your information through the user account in the application or ask us to change or correct it by contacting Replicant’s DPO and EU/UK Representative at [email protected].

Delete or erase your personal information.

You have the right to request the deletion of your personal information at any time. We will communicate back to you within reasonable timelines the result of your request. We may not be able to delete or erase your personal information, but we will inform you of these reasons and any further actions available to you.

Object to the processing of your personal information.

You have the right to object to our processing of your personal information for direct marketing purposes. This means that we will stop using your personal information for these purposes.

Ask us to restrict the processing of your personal information.

You may have the right to ask us to limit the way that we use your personal information.

Export your personal data.

You have the right to request that we export to you in a machine-readable format all of the personal information we have about you.

We do not process personal information through the use of automated means.

If you would like to exercise any of the rights described above, please contact us at [email protected].

You also have the right to lodge a complaint with the local organizations in charge of enforcing the privacy legislation applicable in your territory.

7.0 How Long We Keep Your Personal Information

We retain information as long as it is necessary to provide the services to you and our clients, subject to any legal obligations to further retain such information.

We may also retain information to comply with the law, prevent fraud, collect fees, resolve disputes, troubleshoot problems, assist with investigations, enforce our Terms of Service and take other actions permitted by law.

The information we retain will be handled following this Privacy Policy.

Information connected to you that is no longer necessary and relevant to provide our services may be de-identified or aggregated with other non-personal data. This information may provide insights that are commercially valuable to Replicant, such as statistics of the use of the services.

8.0 Other Important Information

We process data in the Continental United States and rely on legally-provided mechanisms to lawfully transfer data across borders, such as contracts incorporating data protection and sharing obligations. We provide the capability for the return, transfer and/or disposal of personal data in a secure manner.

We will only collect and process your personal data where we have a lawful reason for its collection.

When you visit our website and provide us with your personal information, we collect and use it with your consent.

As an application end user, you consent to our collection of your personal information when you log in for the first time. However, your employer has control of the account and may upload and share additional personal information. Your employer’s responsibility is to ensure that collecting, using and sharing the personal information uploaded to the application complies with all applicable legislation.

You can review the terms and conditions of use here: www.replicant.com/legal/terms-of-service

Where we rely on your consent to process personal data, you have the right to withdraw or decline your consent at any time. If you have any questions about the lawful bases upon which we collect and use your personal data, please contact Replicant’s DPO and EU/UK Representative at [email protected].

How to select your communications preferences

You may choose to receive or not receive marketing communications from us. Please click the “Unsubscribe” link in the email we sent you to stop receiving marketing communications.

You may choose which information we collect automatically from your device by controlling cookie settings on your browser.

Even if you opt-out of receiving marketing communications, we may still communicate with you regarding security and privacy issues, servicing your account, fulfilling your requests, or administering any promotion or any program in which you may have elected to participate.

9.0 Contact Information

You may contact us to exercise any of your rights or ask for more information about your personal information and our privacy practices by contacting Replicant’s DPO and EU/UK Representative at [email protected] or to:

Replicant Solutions, Inc. 1 Letterman Drive #3500 San Francisco, CA, 94129.

Appendix

A.1 For Individuals Based in the European Economic Area (EEA), United Kingdom (UK) and Switzerland

If you are based in one of these jurisdictions, Replicant is the controller of your personal data collected in the following instances:

When you visit our website www.replicant.com
When we process your personal data for sales and marketing purposes

Replicant is a processor of all personal data processed on the application, on behalf of our clients. We only process the personal data under their direction. Please contact your employer or the organization that granted you access to the application for details on their privacy practices.

We only process personal data if we have a lawful basis for doing so. The lawful bases applicable to our processing as controller are:

Consent: We will ask for your express and informed consent every time we collect your personal data on this legal basis.
Contractual basis: We process the personal data as necessary to fulfill our contractual terms with you or our clients.
Legitimate interest: We process the names, contact details, job titles, companies of our existing and prospective clients for our marketing purposes, including market research and sales leads generation.

You have the following rights under the GDPR:

Be informed about the collection and use of your personal data
Access your personal data
Correct errors in your personal data
Erase your personal data
Object to the processing of your personal data.
- This right is also available to individuals whose personal data is processed by us for direct marketing purposes. If you object to the processing of your personal data for direct marketing purposes, we shall stop processing within 30 days of receipt of your request.
Export your personal data
Restrict our processing of your personal data for specific reasons, including any of the purposes supported by the legitimate interest legal bases (see the section above).
Not to be subject to a decision based solely on automated decision making

We process personal data in the Continental United States and share it with our service providers in other jurisdictions. We use standard contractual clauses, approved by the European Commission or competent UK authority (as applicable), as the data transfer mechanism for transferring personal data from the EEA or UK to other countries subject to data transfer requirements. See the table of our service providers here. (link to the table above)

You may contact Replicant’s DPO and EU/UK Representative at [email protected]. You may also lodge a complaint with your local supervisory authority:

EU Data Protection Authorities (DPAs). See their contact details here National Data Protection Authorities.
Information Commissioner’s Office (ICO)
Swiss Federal Data Protection and Information Commissioner (FDPIC).

A.2 For Individuals Based in California

This section provides additional specific information for consumers based in California as required by the California Consumer Privacy Act of 2018 (“CCPA”).

A.2.1 Collection and Use of Personal Information

In the last 12 months, we have collected the following categories of personal information:

Identifiers, such as your name, mailing address, email address, zip code, telephone number or other similar identifiers
California Customer Records (Cal. Civ. Code § 1798.80(e)), such as username and password, company name, job title, business email address and department
Internet or network information, such as your browsing history, log and analytics data, information about the device(s) used to access the services and information regarding your interaction with our websites or services and other usage data
Geolocation data, such as information about your location (at country and city level) collected from your IP address
Sensory Information, the content, audio and video recordings of conference calls between you and us that we record where permitted by you and/or the law
Profession/employment information that you send to us when applying for a position included in your CV and cover letter
Other personal information, such as personal information you provide to us in relation to a survey, comment, question, request, article download or inquiry and any other information you upload to our application

We collect personal information directly from you, from your browser or device when you visit our websites, from third parties that you permit to share your information or from third parties that share public information about you, as stated above.

See the section above, “How We Use Personal Information,” to understand how we use the personal information collected from California consumers.

A.2.2 Recipients of Personal Information

We share personal information with third parties for business purposes. The categories of third parties to whom we disclose your personal information may include: (i) our service providers and advisors, (ii) marketing and strategic partners; (iii) ad networks and advertising partners; (iv) analytics providers; and (v) social networks.

Please see the “How We Share Information” section of the Privacy Policy above for more information.

A.2.3 California Privacy Rights

As a California resident, you may be able to exercise the following rights in relation to the personal information about you that we have collected (subject to certain limitations at law):

The right to know any or all of the following information relating to your personal information that we have collected and disclosed in the last 12 months (upon verification of your identity):
- The specific pieces of personal information we have collected about you
- The categories of personal information we have collected about you
- The categories of sources of the personal information
- The categories of personal information that we have disclosed to third parties for a business purpose, and the categories of recipients to whom this information was disclosed
- The categories of personal information we have sold and the categories of third parties to whom the information was sold, and
- The business or commercial purposes for collecting or selling the personal information.
The right to request deletion of personal information we have collected from you, subject to certain exceptions.
The right to opt-out of personal information sales to third parties now or in the future. However, we do not sell your personal information.

You also have the right to be free of discrimination for exercising these rights.

Please note that if exercising these rights limits our ability to process personal information (such as a deletion request), we may no longer be able to provide you with our products and services or engage with you in the same manner.

A.2.4 How to Exercise Your California Consumer Rights

To exercise your right to know and/or your right to deletion, please submit a request by contacting us at [email protected] or to:

Replicant Solutions, Inc. 1 Letterman Drive #3500 San Francisco, CA, 94129.

We will need to verify your identity before processing your request.

In order to verify your identity, we will generally require sufficient information from you so that we can match it to the information we maintain about you in our systems. Sometimes we may need additional personal information from you to be able to identify you. We will notify you.

We may decline a request to exercise the right to know and/or right to deletion, particularly where we cannot verify your identity or locate your information in our systems or as permitted by law.

You may choose to designate an authorized agent to make a request under the CCPA on your behalf. No information will be disclosed until the authorized agent’s authority has been reviewed and verified. Once an authorized agent has submitted a request, we may require additional information (i.e., written authorization from you) to confirm the authorized agent’s authority.

If you are an employee/former employee of a Replicant client that uses our application and services, please direct your requests and/or questions directly to your employer or former employer.

If you are a third party (auditor, business associate, etc.), who was given access to the Replicant application by a Replicant client, please direct your requests and/or questions directly to the Replicant client that gave you access.

Minors Under Age 16

Our application and services are intended for business use, and we do not expect them to be of any interest to minors. We do not intentionally collect any personal information of consumers below the age of 16. We do not sell the personal information of California consumers.