Privacy Policy

At Falconer AI Company (“Falconer”), we take your privacy seriously. Please read this Privacy Policy to learn how we treat your personal data. By using or accessing our Products in any manner, you acknowledge that you accept the practices and policies outlined below, and you hereby consent that we will collect, use and disclose your information as described in this Privacy Policy.

Remember that your use of Falconer Products is at all times subject to our Terms of Service, which incorporates this Privacy Policy. Any terms we use in this Policy without defining them have the definitions given to them in the Terms of Service.

As we continually work to improve our Products, we may need to change this Privacy Policy from time to time. We will alert you of material changes by placing a notice on the Falconer website, by sending you an email and/or by some other means. Please note that if you’ve opted not to receive legal notice emails from us (or you haven’t provided us with your email address), those legal notices will still govern your use of the Products, and you are still responsible for reading and understanding them. If you use the Products after any changes to the Privacy Policy have been posted, that means you agree to all of the changes.

What this Privacy Policy Covers

This Privacy Policy covers how we treat Personal Data that we gather when you access or use our Products. “Personal Data” means any information that identifies or relates to a particular individual and also includes information referred to as “personally identifiable information” or “personal information” or “sensitive personal information” under applicable data privacy laws, rules or regulations. This Privacy Policy does not cover the practices of companies we don’t own or control or people we don’t manage.

Personal Data

Categories of Personal Data We Collect

This chart details the categories of Personal Data that we collect and have collected over the past 12 months:

Category of Personal Data (and Examples)	Categories of Third Parties With Whom We Disclose this Personal Data
Profile or Contact Data such as first and last name, email, and unique identifiers (including profile picture).	Service Providers
Commercial Data such as product or service purchase history, and consumer profiles, histories, or tendencies.	Service Providers
Device/IP Data such as IP address, device ID, domain server, and type of device/operating system/browser used to access the Products.	Service Providers
Web Analytics such as web page interactions, referring webpage/source through which you accessed the Products, non-identifiable request IDs, and statistics associated with the interaction between device or browser and the Products.	Service Providers
Social Network Data information from social media profiles such as email address or user name.	Service Providers
Other Identifying Information that You Voluntarily Choose to Provide such as emails, letters, texts, or other communications you send us.	Service Providers

Our Commercial or Business Purposes for Collecting Personal Data

• Providing, Customizing and Improving the Products
  • Creating and managing your account or other user profiles.
  • Providing you with the products, Products or information you request.
  • Meeting or fulfilling the reason you provided the information to us.
  • Providing support and assistance for the Products.
  • Improving the Products, including testing, research, internal analytics and product development.
  • Personalizing the Products, website content and communications based on your preferences.
  • Doing fraud protection, security and debugging.
• Marketing the Products
  • Marketing and selling the Products.
  • Showing you advertisements, including interest-based, online behavioral or targeted advertising.
• Corresponding with You
  • Responding to correspondence that we receive from you, contacting you when necessary or requested, and sending you information about the Company or the Products.
  • Sending emails and other communications according to your preferences.

Other Permitted Purposes for Processing Personal Data

In addition, each of the above referenced categories of Personal Data may be collected, used, and disclosed with the government, including law enforcement, or other parties to meet certain legal requirements and enforcing legal terms including: fulfilling our legal obligations under applicable law, regulation, court order or other legal process, such as preventing, detecting and investigating security incidents and potentially illegal or prohibited activities; protecting the rights, property or safety of you, Falconer or another party; enforcing any agreements with you; responding to claims that any posting or other content violates third-party rights; and resolving disputes.

We will not collect additional categories of Personal Data or use the Personal Data we collected for materially different, unrelated or incompatible purposes without providing you notice or obtaining your consent.

Categories of Sources of Personal Data

We collect Personal Data about you from the following categories of sources:

• You
  • When you provide such information directly to us.
    • When you create an account or use our interactive tools and Products.
    • When you voluntarily provide information in free-form text boxes through the Products or through responses to surveys or questionnaires.
    • When you send us an email or otherwise contact us.
  • When you use the Products and such information is collected automatically.
    • Through Cookies (defined in the “Tracking Tools, Advertising and Opt-Out” section below).
    • If you download our mobile application or use a location-enabled browser, we may receive information about your location and mobile device, as applicable.
    • If you download and install certain applications and software we make available, we may receive and collect information transmitted from your computing device for the purpose of providing you the relevant Products, such as information regarding when you are logged on and available to receive updates or alert notices.

How We Disclose Your Personal Data

We disclose your Personal Data to the categories of service providers and other parties listed in this section. Depending on state laws that may be applicable to you, some of these disclosures may constitute a “sale” of your Personal Data. For more information, please refer to the state-specific sections below.

• Service Providers. These parties help us provide the Products or perform business functions on our behalf. They include:
  • Hosting, technology and communication providers.
  • Security and fraud prevention consultants.
  • Support and customer service vendors.
  • Product fulfillment and delivery providers.
  • Analytics providers regarding web traffic or usage of the Products.

In addition, if (1) you sign up for a Falconer account as an Individual Customer (as defined in the Terms of Service) in a manner that indicates that you are associated with a particular entity or employer (e.g., by using an email or other credentials associated with such entity or employer), and (2) that entity or employer has (or later obtains) an account with Falconer as an Enterprise Customer (as defined in the Terms of Service), at Falconer’s option, your account with Falconer (together with all data and information in your account, including personal data and information about you in Falconer’s possession) may be transferred to such Enterprise Customer account as part of an Entity Account Transfer (as defined in the Terms of Service). You agree that such transfers may occur, and that any transferred data or information may be used in accordance with the applicable agreement in place between Falconer and the applicable Enterprise Customer.

Legal Obligations

We may disclose any Personal Data that we collect with third parties in conjunction with any of the activities set forth under “Other Permitted Purposes for Processing Personal Data” section above.

Business Transfers

All of your Personal Data that we collect may be transferred to a third party if we undergo a merger, acquisition, bankruptcy or other transaction in which that third party assumes control of our business (in whole or in part).

Data that is Not Personal Data

We may create aggregated, de-identified or anonymized data from the Personal Data we collect, including by removing information that makes the data personally identifiable to a particular user. We may use such aggregated, de-identified or anonymized data and disclose it with third parties for our lawful business purposes, including to analyze, build and improve the Products and promote our business, provided that we will not disclose such data in a manner that could identify you.

Tracking Tools, Advertising, and Opt-Out

The Products use cookies and similar technologies such as pixel tags, web beacons, clear GIFs and JavaScript (collectively, “Cookies”) to enable our servers to recognize your web browser, tell us how and when you visit and use our Products, analyze trends, learn about our user base and operate and improve our Products. Cookies are small pieces of data– usually text files – placed on your computer, tablet, phone or similar device when you use that device to access our Products. We may also supplement the information we collect from you with information received from third parties, including third parties that have placed their own Cookies on your device(s).

Please note that because of our use of Cookies, the Products do not support “Do Not Track” requests sent from a browser at this time.

We use the following types of Cookies:

• Essential Cookies. Essential Cookies are required for providing you with features or Products that you have requested. For example, certain Cookies enable you to log into secure areas of our Products. Disabling these Cookies may make certain features and Products unavailable.
• Functional Cookies. Functional Cookies are used to record your choices and settings regarding our Products, maintain your preferences over time and recognize you when you return to our Products. These Cookies help us to personalize our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
• Performance/Analytical Cookies. Performance/Analytical Cookies allow us to understand how visitors use our Products. They do this by collecting information about the number of visitors to the Products, what pages visitors view on our Products and how long visitors are viewing pages on the Products. Performance/Analytical Cookies also help us measure the performance of our advertising campaigns in order to help us improve our campaigns and the Products’ content for those who engage with our advertising.
• Retargeting/Advertising Cookies. Retargeting/Advertising Cookies collect data about your online activity and identify your interests so that we can provide advertising that we believe is relevant to you. For more information about this, please see the section below titled “Information about Interest-Based Advertisements.”

You can decide whether or not to accept Cookies through your internet browser’s settings. Most browsers have an option for turning off the Cookie feature, which will prevent your browser from accepting new Cookies, as well as (depending on the sophistication of your browser software) allow you to decide on acceptance of each new Cookie in a variety of ways. You can also delete all Cookies that are already on your device. If you do this, however, you may have to manually adjust some preferences every time you visit our website and some of the Products and functionalities may not work.

To explore what Cookie settings are available to you or to modify your preferences with respect to Cookies, you can do so by adjusting your browser’s cookie and privacy settings or by visiting https://app.retention.com/optout. To find out more information about Cookies generally, including information about how to manage and delete Cookies, please visit http://www.allaboutcookies.org/.

Data Security

We seek to protect your Personal Data from unauthorized access, use and disclosure using appropriate physical, technical, organizational and administrative security measures based on the type of Personal Data and how we are processing that data. You should also help protect your data by appropriately selecting and protecting your password and/or other sign-on mechanism; limiting access to your computer or device and browser; and signing off after you have finished accessing your account. Although we work to protect the security of your account and other data that we hold in our records, please be aware that no method of transmitting data over the internet or storing data is completely secure.

Data Retention

We retain Personal Data about you for as long as necessary to provide you with our Products or to perform our business or commercial purposes for collecting your Personal Data. When establishing a retention period for specific categories of data, we consider who we collected the data from, our need for the Personal Data, why we collected the Personal Data, and the sensitivity of the Personal Data. In some cases we retain Personal Data for longer, if doing so is necessary to comply with our legal obligations, resolve disputes or collect fees owed, or is otherwise permitted or required by applicable law, rule or regulation. We may further retain information in an anonymous or aggregated form where that information would not identify you personally.

For example:

• We retain your profile information and credentials for as long as you have an account with us.
• We retain your device/IP data for as long as we need it to ensure that our systems are working appropriately, effectively and efficiently.

Personal Data of Children

We do not knowingly collect or solicit Personal Data from children under 18 years of age; if you are a child under the age of 18, please do not attempt to register for or otherwise use the Products or send us any Personal Data. If we learn we have collected Personal Data from a child under 18 years of age, we will delete that information as quickly as possible. If you believe that a child under 18 years of age may have provided Personal Data to us, please contact us at privacy@falconer.com.

State Law Privacy Rights

California Resident Rights

Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to contact us to prevent disclosure of Personal Data to third parties for such third parties’ direct marketing purposes; in order to submit such a request, please contact us at privacy@falconer.com.

Your browser may offer you a “Do Not Track” option, which allows you to signal to operators of websites and web applications and Products that you do not wish such operators to track certain of your online activities over time and across different websites. Our Products do not support Do Not Track requests at this time. To find out more about “Do Not Track,” you can visit www.allaboutdnt.com.

Nevada Resident Rights

If you are a resident of Nevada, you have the right to opt-out of the sale of certain Personal Data to third parties. You can exercise this right by contacting us at privacy@falconer.com with the subject line “Nevada Do Not Sell Request” and providing us with your name and the email address associated with your account.

Contact Information

If you have any questions or comments about this Privacy Policy, the ways in which we collect and use your Personal Data or your choices and rights regarding such collection and use, please do not hesitate to contact us at: