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Descartes Labs Privacy Policy

Last Modified:  November 2, 2020

Descartes Labs, Inc. (“Descartes Labs,” “we”, “us” and “our”) is committed to respecting the privacy and security of the personal information we collect. This Privacy Policy (the “Policy”) explains how we collect, use and disclose personal information as well as what choices you have associated with that information.

By accessing and/or using the Services (as defined below), you signify that you have received and read this Policy. We may update this Policy from time to time as described in the Changes to this Policy Section below.

  1. Scope
  2. Personal Informtion We Collect and How We Collect It
  3. How We Use Information
  4. Sharing of Information
  5. Data Protection
  6. Data Retention
  7. Information From Children
  8. Third-Party Websites
  9. Your Choices
  10. Do Not Track Preferences
  11. Notice to Nevada Residents
  12. International Data Transfers
  13. Updates to This Policy
  14. Contacting Us

1. SCOPE

This Policy applies to all personal information that Descartes Labs collects or receives when you:

i. access or use our website available at https://www.descarteslabs.com or any other website where this Policy is posted (collectively, the “Site”);

ii. access or use our tools and documentation, such as application programming interfaces (“APIs”) made available on the Site or otherwise by Descartes Labs (collectively, the “Tools”);

iii. access or use Descartes Labs’ online hosted services;

iv. access the data and information provided to you by Descartes Labs (including, without limitation, through Descartes Labs’ online hosted services);

v. Register for or attend any Descartes Labs-hosted or sponsored event, such as webinars or trainings;

vi. communicate with us during any written, electronic or oral communications; or

vii. access or use any other technology, platform, dashboard, software, feature or content owned or operated by Descartes Labs (or its licensors).

Throughout this Policy, we refer to all of the above together as the “Services.”

2. PERSONAL INFORMATION WE COLLECT AND HOW WE COLLECT IT

As used in this Policy, personal information means any information that identifies you as an individual person or other information that we link with identifying information.  This Policy also describes practices in relation to information that we collect or obtain that does not directly identify you. While this information is not personal information for purposes of this Policy, we will treat it as personal information to the extent we link it to personal information about you. We collect the following personal information in connection with your interaction with or use of the Services:

a. Information That You Provide to Us Directly

We collect personal information that you provide to us through our Services. The information we collect depends on the type of Services you access or use and may include information such as your name, contact information and company affiliation. When you sign up to use our APIs, Tools, online hosted services or other Descartes Labs technology, we may collect your name, job title, company name, industry, business email address, business phone number and business mailing address and assign you a unique identifier.  If you sign up for a Descartes Labs event, such as a webinar or training, we may collect your contact and registration information.  You may provide information when interacting with us or our Services, such as comments, responses to polls, or other content that you create or upload using the Services. You may choose to share your location with us. If you contact us, such as by sending us an email, filling out a form on our Site, or downloading a product sheet, we will collect the information that you provide us, such as your contact information, the contents of your communication with us, and details about your request or the materials you choose to download or access.  We may ask you to update your personal information from time to time in order to keep it accurate.

You may choose not to provide information directly to us or to not use the Descartes Labs Services. However, some personal information is necessary so that we can provide you with the Services you have requested. Failure or refusal to provide this information may prevent us from providing you with access to our Services.

b. Information That Is Automatically Collected

We or our third party service providers automatically collect information about any computer or device you use to access the Services and your activity when you use the Services. Depending on your activity, the information we collect may include:

  • Cookies and Other Tracking Technologies. When you visit the Services, we may send one or more cookies — small text files containing a string of alphanumeric characters — to your computer or device that allows us to uniquely identify your browser, computer, or device. A cookie may also convey other information to us, such as your Internet Protocol (“IP”) address, unique device identifiers, your browser settings and specifications and information about how you use the Services (e.g., the pages you view, the links you click, how frequently you access the Services and other actions you take on the Services). We may also employ clear gifs (also known as web beacons or pixel tags), which collect information such as your web request, IP address, unique device identifiers, browser type, information about your device, pages viewed, all of which can show your Service usage patterns. For more details about the cookies and other tracking technologies utilized on our Services, please see our Cookie Policy.
  • Log Files. We may record log file information each time you access the Services. This may include information such as your web request, IP address, browser type, unique device identifiers, information about your device, referring / exit pages and URLs, number of clicks and how you interact with the Services and links on the Services, domain names, landing pages, pages viewed and other similar information.
  • Mobile Device Information. When you access the Services with a mobile device, we may collect and store a unique identifier associated with your device (including, for example, a UDID, Unique ID for Advertisers (“IDFA”), Google Ad ID, or Windows Advertising ID), mobile carrier, device type, model and manufacturer, mobile device operating system brand and model and phone number.

c. Information Received From Third Parties

We receive information from the following types of third parties:

  • Affiliates. We may receive information from a company controlled by or under common control with Descartes Labs.
  • Partners. We may receive information from third parties with whom we partner to provide our Services.
  • Service Providers and Third Party Data Sources. We receive information from third parties who help us provide and manage our Services.  In particular, we receive information from third-party data sources that we incorporate into our online hosted services and other Descartes Labs technologies.  These data sources include publicly available data as well as data compilers and provide data such as geospatial data and location data.
  • Third-Party Tracking, Social Networks, and Online Advertising. We receive information from the third parties who provide some of the cookies, tracking technologies and social media plug-ins we use as part of our Services. Please see our Cookie Policy to learn more about the data collected through these third-party technologies.

3. HOW WE USE INFORMATION

We collect, use, process, combine, retain and store personal information that we collect or receive for the following purposes:

  • To operate and provide the Services;
  • To maintain, analyze, secure and improve the Services, such as to detect and prevent fraud, abuse, or security risks, and to track outages and troubleshoot;
  • To enhance the Services and develop new features, functionality, products and services;
  • For our internal business activities, such as to manage and maintain customer accounts;
  • To process your payment;
  • To communicate with you and respond to your requests, such as to respond to your questions, provide you with requested documentation and contact you about changes to the Services;
  • For our marketing and advertising purposes, such as to market to you or offer you our and third-party special offers or other products or services we think that you may be interested in;
  • To enforce our Terms of Service, resolve disputes or otherwise to carry out our obligations and enforce our rights, and to protect our business interests and the interests and rights of third parties;
  • To comply with contractual and legal obligations and requirements;
  • To fulfill any other purpose for which you provide personal information; and
  • For any other purpose that you consent to.

4. SHARING OF INFORMATION

We transmit, share, grant access, make available and provide personal information to or with the following types of third parties:

  • Our affiliates for the purposes noted above or otherwise in this Policy;
  • Service providers, vendors, partners, agents, consultants, subcontractors and others that help us provide our Services or with any of the purposes described in this Policy;
  • Your account’s administrator or your employer, if you are using the Services as part of a company account, such as to provide a report of account access and activity;
  • Third parties such as law enforcement or regulatory or governmental agencies to respond to or comply with legal process, such as a court order or subpoena, or an enforceable law enforcement or other government request, if we have a good faith belief that such access, use, preservation, or disclosure is reasonably necessary (with or without notice to you, in our discretion);
  • Third parties to: (i) satisfy any applicable law or regulation, (ii) enforce the Terms of Service, including the investigation of potential violations thereof, (iii) investigate and defend ourselves against any third-party claims or allegations, (iv) detect, prevent, or otherwise address fraud, security, or technical issues, or (iv) protect against harm to the rights, property or safety of Descartes Labs, the Services, other users of the Services, or third parties, as required or permitted by applicable law;
  • Buyers, successors, or others in connection with a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by us may be among the assets transferred; and
  • Other third parties with your consent or upon your consent.

We may share non-personally identifiable information in aggregate form with third parties, such as to show trends about how our Services are used.

5. DATA PROTECTION

Your account is protected by a password for your privacy and security. You must prevent unauthorized access to your account and personal information by selecting and protecting your password appropriately and limiting access to your computer or device and browser by signing off after you have finished accessing your account.

We have implemented what we believe to be commercially reasonable and appropriate technical and organizational security measures to help protect the personal information that we collect.  However, the transmission of information via the Internet is not completely secure, and we cannot and do not guarantee that personal information will be completely protected.

By using our Services, you understand and assume the risks associated with your activities on the Internet. If you have reason to believe that your information is no longer secure, please let us know by contacting us using the information provided in the “Contacting Us” section of this Policy below.

6. DATA RETENTION

We keep personal information for as long as necessary for our business purposes, or as otherwise required to operate the Services, comply with your requests, or comply with applicable law.

In some instances, we may choose to anonymize personal information instead of deleting it.  We may do this for statistical use, for example.

7. INFORMATION FROM CHILDREN

The Services are not directed to children under the age of 13, and we do not knowingly collect personal information from children under the age of 13. If you are a parent or guardian of a child under the age of 13, and believe that your child may have provided us with personal information, please contact us at privacy@descarteslabs.com, and we will use commercially reasonable efforts to delete that information.

8. THIRD-PARTY WEBSITES

The Services may provide links to third-party websites and online services. We do not review or endorse and are not responsible for, the privacy practices of third parties. Please review the privacy policies of those websites or services before providing personal information to them. This Policy does not describe the privacy practices of third-party websites or services. We encourage you to read the privacy policies of each and every website that you visit. This Policy applies solely to information collected by Descartes Labs.

9. YOUR CHOICES

As described below, we provide you with the ability to access, correct, delete and limit our usage of your personal information.

a. Access, Correction and Deletion Rights

If you would like to request access to, correction or deletion of personal information, you may send your request to us at privacy@descarteslabs.com. We will review your request and respond in accordance with applicable law.  We may require you to provide additional information to identify yourself.  We do not promise that we will be able to satisfy your request. Not all personal information is maintained in a format that you can access or change. For example, the personal information may already have been relied or acted upon, or disclosed to third parties, and we generally do not take steps (or have the ability to take steps) to undo prior reliance or actions. We also may not accommodate a request to change information if we believe the change would violate any law or legal requirement, cause the information to be incorrect, or if doing so would be burdensome in our discretion.

b. Changing Your Email Address For Email Communications

If you have provided your email address to sign up for Descartes Labs email communications and your email address changes, you can update your email address by unsubscribing using the link provided in any email communication; once you have unsubscribed you can subscribe again using a new email address.

c. Marketing or Newsletter Email Opt-Out

We may send you marketing or newsletter emails from time to time. If you do not wish to receive them, you can opt-out following the unsubscribe instructions in the emails or by contacting us at dl-operations@descarteslabs.com. We will work to honor your request within 10 business days or as required under applicable law. If you opt-out, we will still send you emails for service purposes, such as for responses to your requests or communications about your account.

d. Cookies and Online Advertising Opt-Out

As described above in this Policy, we collect and may permit third parties to collect information using cookies and other technologies. Please see our Cookie Policy for ways to exercise your choices around cookies and other technologies.

10. DO-NOT-TRACK PREFERENCES

While we want to honor your privacy as described in this Policy, the Services do not monitor for or behave differently if your computer or browser transmits a “do-not-track” or similar message to us or the Services.

11. NOTICE TO NEVADA RESIDENTS

Descartes Labs does not sell covered information as defined under Nevada law. If you have further questions about your opt out rights as defined under Nevada law, please send an email to privacy@descarteslabs.com.

12. INTERNATIONAL DATA TRANSFERS

We transfer personal information to jurisdictions as necessary for the purposes described above, including to jurisdictions that may not provide the same level of data protection as your home country.  In particular, our Services are hosted on servers in the United States. If you are located in a non-US jurisdiction, the transfer of personal information is necessary to provide you with the requested information and/or to perform any requested transaction.

13. UPDATES TO THIS POLICY

We may amend this Policy from time to time. When we do so, we will update the “Effective Date” noted at the top of this page.  Whenever we make any material changes to this Policy, we will provide you with notice before the modifications are effective, such as by posting a notice on our Site or sending a message to the most recent email address that we have on file for you.  We encourage you to review this Policy regularly for any changes. Your continued use of the Services after the posting of an updated Privacy Policy and/or any such update notice will be subject to the terms of the then-current Privacy Policy.

14. CONTACTING US

If you have questions about this Policy or our privacy practices, please contact us at privacy@descarteslabs.com.