Last updated July 30, 2024

PROSHORT PRIVACY POLICY

We understand that the privacy of Your personal information and proprietary company data is important and hence we want to keep You informed and empowered with respect to your privacy on our website, https://app.proshort.ai/ (the “Website”), and our mobile application, Proshort Plus (the “App”) (collectively referred to as “Proshort”). This Privacy Policy (“Policy”) applies to Proshort and the related services provisioned through Proshort (the “Services”) operated and rendered by Proshort Inc. (“Company”). This Policy describes Proshort’s use and sharing of personally identifiable information submitted by its registered users receiving the Services or otherwise by any individuals using or accessing Proshort in any other manner (the “User(s)” or “You” or “Your”), such information being related to You or other Users downloading, accessing or using Proshort. The Services offered adhere to all the laws, rules, regulations and policies (“Applicable Laws”) with regard to the collection, use, disclosure, retention and protection of your information including Personal Data (as defined hereinafter), that Proshort is likely to have access to as a result of your use of Proshort.

By voluntarily availing/using Proshort and/or the Services, and/or providing data or other information via Proshort and/or the Services, you are indicating your consent to this Policy and agreement to be bound by its terms. Please take note that Proshort and/or the Services are not intended for, or designed to attract, individuals under the age of 18. We do not collect personally identifiable information from any person we actually know is an individual under the age of 18.

1. What the Company collects from You.

1.1. Any data about you, by which you, as a person can be identified, including without limitation, your name, gender, business name, residential or office address, email address, date of birth, date of incorporation of business, any identity proof number, phone number, job title, employee identity number, etc., to which Proshort has or is likely to have access to by virtue of your consensual submission will constitute your personally identifiable information (“Personal Data”). Personal Data will also include the information of such third parties that Proshort may have access to during the course of providing the Services to you. Proshort may also collect recurring information about your geographic locations on a continuous basis. Proshort collects such Personal Data from you because of your voluntary submission of such information in order to enjoy the Services

1.2. For the Users of Proshort and/or the Services, we collect information from the App, the Website, enquiry forms, contacts forms, and other tools, as applicable for servicing their requests and for the purpose of performing analytics. This includes, but is not limited to, first name, last name, office address, email address, company name, employee identity number, number of employees, phone numbers and job title. If you are a visitor to Proshort, we collect the information that you share in connection with your request for (i) help and support; (ii) additional information about Proshort and/or the Services; or (iii) accessing any resources such as newsletters, case studies or blogs.

1.3. Proshort may also collect such other anonymous data that is not associated with or linked to any Personal Data (“Anonymous Data”) and which, by itself, does not permit the identification of any individual User. Anonymous Data includes without limitation, unique identifiers of the device on which Proshort is installed, such as mobile advertising identifier, cookie identifier, VPN, information of Wi-Fi connectivity and such other similar information. Proshort may also store this unique identifier, at many times and create a profile for you based on such Anonymous Data.

1.4. Proshort does not collect or store passwords of the Users, however whenever you visit or utilize the Services, Proshort collects data such as log data, analytical code, time stamp, geo stamp, IP address, version and identification number of the App and device, browser type, browser language, the date and time of your request, your profile, search terms used, your mobile carrier data, platform type, number of clicks, requested status of other Users and various status information with regard to the Services provided through Proshort (“Usage Information”). Such Usage Information collected is not associated with any directly identifiable Personal Data and is only tagged to the unique identifier for a particular device.

1.5 Many of Proshort’s services are designed to improve your team’s performance on the basis of Proprietary Materials you share with us in the form of documents, videos, call recordings, sales records, and more. To make this possible, we store, process and transmit your shared Proprietary Materials as well as information related to it. Related information includes your profile information that makes it easier to analyze, recommend and collaborate around your materials. You may share Proprietary Materials with Proshort in a variety of ways, that include but are not limited to: direct upload of data to Proshort and integration with 3rd party services. Any 3rd party system you explicitly give Proshort API level read-access to may be used as a source of Proprietary Materials. Examples of 3rd Party Services where Proprietary Materials may be shared from include but are not limited to: Salesforce, Hubspot, Gong, Google Workspace, Microsoft OneDrive, and Atlassian Confluence.

Legitimate Interest

2.1. Our legitimate interest to collect and process the Personal Data and Proprietary Materials is to optimize Proshort and the Services, improve user experience and to improve our internal process efficiency. These activities are necessary to fulfil our interest in creating a better platform and helping us create better technology and better communications.

2.2. Our legitimate interest to collect and process information made available through the use of Cookies (defined below) is to optimize our products and services, increase user experience, enhance our customer support and improve our internal process efficiency.

2.3. We use your Personal Data to send marketing communications about our products and services and offerings from our affiliates. We may send these communications via email, post or call. As for most companies, our ability to market our products and services is necessary for our commercial interests and may allow us to expand our customer base.

2.5. For any uses on the basis of legitimate interest, we conduct a legitimate interest assessment to ensure that such processing isn't overridden by your rights or interests.

How we collect Personal Data.

3.1.Following are the ways we collect your Personal Data:

1. We may collect various information, depending on the manner in which you contact us (e.g., if you send us an email, we will collect your email address; if you solicit for a job, we will collect your details as provided in your application) and the reason for contacting us. In any case, we will collect your contact details to be able to respond and further communicate with you. This is when you contact us with your questions, comments, ideas, complaints, or otherwise communicate with us.

2. When you subscribe to our newsletters and updates mailing list or access any of our resources (such as case studies, e-books or blogs), we will collect your first and last names and your email address.

3. When you submit a support ticket with us, we will collect your first and last names and your email address so that we can respond to your support ticket.

4. When you visit Proshort, we may also collect certain data from your computer and internet connection, including the IP address of your computer, the date and time you accessed Proshort, the device you are using (such as a laptop, tablet or smartphone) and your movements and preferences on Proshort.

5. When you sign up to use the Services, we will collect certain usage statistics and analytics that consist of Personal Data (such as your name, company name, job title, certification, activities etc.).

6. We may receive Personal Data from other sources such as marketing partners, social media platforms, talent acquisition partners, from your co-workers and friends, as well as from other third parties. We may also receive data from publicly available sources.

7. We may collect Personal Data about you offline, such as when you attend one of our events or visit our exhibition booths, or call our customer service representatives, as applicable.

8. We may collect information from your visits to Proshort or your usage of Proshort and/or the Services to help us improve and optimize Proshort and the Services, understand the performance of our products and services and provide a better experience, service and to make Proshort as user friendly and purposeful as possible. However, we keep the information anonymous. We may use this data to analyse trends and statistics, to help us provide better user experience and service and for further development of our products and solutions and improvement of our services.

3.2. If you submit any Personal Data relating to other people to us in connection with our Services or talent acquisition, you represent that you have the authority to do so and permit us to use the information in accordance with this Privacy Policy.

3.3. Our use of Cookies: We use Cookies on Proshort. Cookies are small text files that Proshort or your browser through which you avail the Services saves on your computer and mobile device, which allow an analysis of your usage (“Cookies”). Proshort uses Cookies on your device through which Proshort is accessed for (a) providing the Services; and/ or (b) allowing you to enter your password less frequently during a session. Cookies contain information about your device and your connection to the Internet, such as IP address, operating system and browser used. We use our access to the information in the Cookies to optimize our offering on Proshort, to present appropriate content to Users easily, and to improve our advertising and marketing. This is done as follows: Most of the Cookies we use are so-called Session Cookies, which are automatically deleted by your browser after the end of your visit to Proshort. Session Cookies provide us with information about User behaviour on Proshort, which we analyse. With the knowledge gained, we will make Proshort more user-friendly, place important content on Proshort and develop our marketing strategies according to the interests of our target audience. Other Cookies are stored longer on your device and allow us to recognize you as a user of Proshort. By adjusting the settings in your browser, you can prevent the installation of Cookies. As a resultant effect of non-use of Cookies, you may not be able to use certain features on Proshort and you may be required to re-enter your password more frequently during a session.

How the Information Collected is being Used.

4.1. We use Personal Data only when we are allowed to by law and only for the purposes for which we collected it. Most commonly, the purposes are the performing of a contract with you or your employer, the consent you gave to us, and when we need to comply with legal or regulatory obligations.

4.2. Proshort may use the Personal Data and other information collected as mentioned above for any of the following purposes:

1. to log you in to Proshort;

2. to effectively provide the Services;

3. to allow you to participate in surveys regarding Services;

4. to respond to your inquiries;

5. to send administrative information to you, such as the Services and changes to our terms and conditions or policies (including this Policy);

6. to maintain the quality of the Services and provide general statistics regarding their use;

7. to deliver the Services, including email notifications, confirmations, technical notices, updates, security alerts, and support and administrative messages that you may request;

8. to allow you to navigate through Proshort and perform all the functionalities of our products and/or services;

9. to send marketing communications that may be relevant to you;

10. archival or backup purposes;

11. for our business purposes, such as data analysis, audits, fraud monitoring and prevention, developing new products, enhancing, improving and modifying our Services, identifying usage trends, determining the effectiveness of our promotional campaigns and operating and expanding our business activities;

12. to understand your use of Proshort and/or the Services;

13. as we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal processes; (c) to respond to requests from public and government authorities including public and government authorities outside your country of residence; (d) to enforce our Terms of Service; (e) to protect our operations and those of any of our affiliates; (f) to protect our rights, privacy, safety and property, and that of our affiliates, you and others; and (g) to allow us to pursue available remedies and limit the damages that we may sustain;

14. to alert you about updated information and other such new or updated services that may be offered by Proshort;

15. to allow access to exclusive features or functionalities of Proshort; and

16. to resolve disputes, collect fees and troubleshoot problems.

4.3 We store and process your Proprietary Materials solely to deliver and improve our services to you and your organization. We will not process your shared Proprietary Materials in such a way that it directly improves our services for other customers. Proshort will NOT use shared Proprietary Materials to develop, improve or train generalized AI and/or ML models. Proshort may use shared Proprietary Materials to improve the experience around personalized AI and/or ML models used by you and your organization specifically. This applies to specific Proprietary Materials you upload to Proshort, and Proprietary Materials you grant Proshort permission to access from third party systems, as described in section 1.5.

Sharing of the Collected Information.

5.1.Proshort may share the Personal Data received from you:

1. With the Company’s affiliates in connection with matters relating to the consumption of Services by you; to help detect and prevent identity theft, fraud and other potentially illegal acts; to prevent abuse of Services; and to facilitate joint or co-branded services that you request, where such services are provided by more than one corporate entity other than the Company; and

2. If required to do so by law or regulation; to its legal counsel, law enforcement officers, governmental authorities who have asserted their lawful authority to obtain the information or where the Company has in good faith reasonable grounds to believe that such disclosure is reasonably necessary to enforce its Terms of Service available at the Website (“Terms of Service”) or this Privacy Policy.

3. The Company shall not rent, sell, or otherwise provide Personal Data received from you to third parties without your consent, except as described in this Policy or as required by law. However, the Company and its affiliates reserve the right to share, sell and transfer some or all of the Personal Data to other business entities should the Company, or its assets, plan to merge with, or be acquired by that business entity.

Security of Personal Information and Proprietary Materials.

6.1. The Company has implemented commercially reasonable physical, managerial, operational and technical security measures to protect the loss, misuse, alteration and security of the Personal Data received from you and in the Company’s possession. The Company’s security practices and procedures limit access to Personal Data and Proprietary Materials on need-to-know basis only. Such measures may include, where appropriate, the use of firewalls, secure server facilities, implementing proper access rights, management systems and processes, careful selection of processors, standard authentication and encryption policies for its servers and other technically and commercially reasonable measures.

6.2. The Company is committed to protecting the security of any Personal Data and Proprietary Materials and uses reasonable efforts including a variety of security technologies and procedures to help protect such Personal Data and Proprietary Materials from any unauthorized access, use or disclosure. The Company will take all reasonable measures in furtherance of the above commitment. However, the Company cannot guarantee that the Personal Data and Proprietary Materials received from you and other information stored on the servers will be absolutely protected. Company’s systems and the communications networks through which you access Proshort may be subject to security breaches and failures due to circumstances beyond Company’s reasonable control. These may include computer “hacking”, data theft or/and physical theft among others. In such situations, the Company will try to rectify the issues as soon as possible.

6.3. Any data destroyed shall be disposed of in a manner that protects the privacy of the Personal Data and Proprietary Materials received by Proshort from you in an appropriate manner as per the industry standard practices and norms.

6.4. The User hereby acknowledges and understands that all Personal Data and Proprietary Materials provided in using the App is with their knowledgeable consent and at the User’s own risk.

Your Obligation.

7.1. As a registered user of the Services, you have certain obligations to other users. Some of these obligations are imposed by Applicable Law and regulations, and others have become commonplace for Services as offered by Proshort:

1. You must, at all times, abide by the terms and conditions of the then prevailing version of this Policy and the Terms of Service. This includes respecting all intellectual property rights that may belong to third parties;

2. You must not upload or insert any comments or remarks on Proshort that may be deemed to be injurious, violent, offensive, racist or xenophobic, or which may otherwise violate the purpose and spirit of Proshort, the Company and its community of users; and

3. You must keep your username and passwords confidential and not share it with others.

7.2. All information given must be genuine and true to your best knowledge. The Company shall not be held responsible in case of any fraudulent information given at the time of registration for using Proshort.

7.3. Any violation of the guidelines as mentioned in this Section 7 may lead to the restriction, suspension or termination of your Account with Proshort, at the sole discretion of the Company.

Retention and deletion of Personal Data and Proprietary Materials.

We only store your Personal Data and Proprietary Materials for as long as it is necessary to achieve the purposes mentioned here or as per the storage periods required by law, whichever is longer. After discontinuation of the respective purpose or expiry of these deadlines, the corresponding data will be blocked or deleted in accordance with the statutory provisions.

If you would like to request the expedited the deletion of your data, please contact us at support@proshort.ai.

Your Rights.

9.1. You may access the Personal Data we hold about you at any time via your profile/account on Proshort or by contacting us directly. We will be happy to correct, edit, limit, or delete your Personal Data at your request, provided that no statutory storage requirements are in conflict. You can also contact us to update or correct any inaccuracies in your Personal Data. If your Personal Data stored with us has been processed incorrectly, out-of-date, or unlawfully, you can restrict its processing by us. Finally, you may change or revoke your consent to the processing of your Personal Data at any time with future effect. In certain situations, when the Personal Data we hold about you is no longer relevant or is incorrect, you can request that we erase your data. You have the right to complain about the improper processing of your Personal Data (such as collection, storage, modification, transfer, deletion, etc.). You may contact us at support@proshort.ai or at the address listed below anytime for any other queries/requests you may have about your Personal Data and our use of such Personal Data.

9.2. Your Rights Under GDPR You have certain rights if you are within the EU and this includes the following and to exercise these you may contact support@proshort.ai

1. Right to access.This right allows you to obtain a copy of your personal data, as well as other supplementary information.

2. Right to restrict processing.You have the right to restrict the processing of your personal data in certain circumstances.

3. Right to rectification.You have the right to have any incomplete or inaccurate information we hold about you corrected.

4. Right to object to processing.The right to object allows you to stop or prevent us from processing your personal data. This right exists where we are relying on a legitimate interest as the legal basis for processing your Personal Data. You also have the right to object where we are processing your Personal data for direct marketing purposes.

5. Right to erasure.You have the right to ask us to delete or remove Personal data when the personal data is no longer necessary for the purpose which you originally collected or processed.

9.3. We will take reasonable steps to ensure the accuracy and completeness of the Personal Data that we hold. However, if a person believes that any Personal Data that we hold about him/her is inaccurate or out of date, they should contact us in writing at the following address:

Proshort Inc.

Address: 11764 Ridge Creek CT Cupertino, CA 95014

10. Transfer and Storage of Data.

In the process of providing Services to you efficiently, Proshort may transfer the Personal Data and Proprietary Materials and other information that it collects to our affiliated entities or other third parties across borders, and from your country or jurisdiction to other countries or jurisdictions around the world, including the United States. You understand, acknowledge and consent to transferring information and permitting the transfer of information, including Personal Data and Proprietary Materials, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction. You hereby consent to the transfer of your information across countries or jurisdictions around the world. We will only transfer your information to these countries, where permitted to do so by law and we will take steps intended to ensure that your information continues to receive appropriate protections. We store your data on our servers and third-party servers which are based throughout the world.

11. Governing Law

The usage of the Services is exclusively governed by the laws of the State of California, United States and the jurisdiction of the competent courts in the State of California. The Company expressly disclaims any implied warranties or liabilities imputed by the laws of any other jurisdiction.

12. Modifications

Any changes in this Policy by the Company shall be posted on the Website so that you are always aware of what information Proshort collects, uses, and under what circumstances, if any, Proshort may disclose it. You should periodically review the above mentioned page for the latest information on Proshort’s privacy practices. Once posted, those changes are effective immediately. Continued access or use of Proshort constitutes your acceptance of the changes and the amended Policy.

13. Third Party Application Stores

The App can be downloaded from third party application stores including Google Play Store, and Apple App Store. The App may contain links to other third-party websites that may collect the Personal Data. The User agrees to comply with all third-party privacy policies, if any, applicable to the use of such applications or its services. The Company is not responsible for the User’s use of any third-party product and/or service including the terms and conditions, privacy practices or the content of those linked websites or such third-party product and/or service or violation and infringement of any third party rights, policies, terms and conditions in connection with access, download or installation of such mobile applications.

14. Advertisements

Proshort may use third-party advertising companies to serve advertisements on Proshort. These companies may use information (not including directly identifiable Personal Data such as name, address, email address, or telephone number of the User) about your visits to Proshort and other websites in order to provide advertisements about goods and services of interest to you.

15. GDPR Privacy

Legal Basis for Processing Personal Data under GDPR

We may process Personal Data under the following conditions:

1. Consent: You have given Your consent for processing Personal Data for one or more specific purposes.

2. Performance of a contract: Provision of Personal Data is necessary for the performance of an agreement with You and/or for any pre-contractual obligations thereof.

3. Legal obligations: Processing Personal Data is necessary for compliance with a legal obligation to which the Company is subject.

4. Vital interests: Processing Personal Data is necessary in order to protect Your vital interests or of another natural person.

5. Public interests: Processing Personal Data is related to a task that is carried out in the public interest or in the exercise of official authority vested in the Company

6. Legitimate interests: Processing Personal Data is necessary for the purposes of the legitimate interests pursued by the Company.

7. In any case, the Company will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Data is a statutory or contractual requirement, or a requirement necessary to enter into a contract.

16. Your Rights under the GDPR

The Company undertakes to respect the confidentiality of Your Personal Data and to guarantee You can exercise Your rights.

You have the right under this Privacy Policy, and by law if You are within the EU, to:

1. Request access to Your Personal Data. The right to access, update or delete the information We have on You. Whenever made possible, you can access, update or request deletion of Your Personal Data directly within Your account settings section. If you are unable to perform these actions yourself, please contact Us to assist You. This also enables You to receive a copy of the Personal Data We hold about You.

2. Request correction of the Personal Data that We hold about You. You have the right to have any incomplete or inaccurate information We hold about You corrected.

3. Object to processing of Your Personal Data. This right exists where We are relying on a legitimate interest as the legal basis for Our processing and there is something about Your particular situation, which makes You want to object to our processing of Your Personal Data on this ground. You also have the right to object where We are processing Your Personal Data for direct marketing purposes.

4. Request erasure of Your Personal Data. You have the right to ask Us to delete or remove Personal Data when there is no good reason for Us to continue processing it

5. Request the transfer of Your Personal Data. We will provide to You, or to a third-party You have chosen, Your Personal Data in a structured, commonly used, machine-readable format. Please note that this right only applies to automated information which You initially provided consent for Us to use or where We used the information to perform a contract with You.

6. Withdraw Your consent. You have the right to withdraw Your consent on using your Personal Data. If You withdraw Your consent, We may not be able to provide You with access to certain specific functionalities of the Service.

17. Questions/Grievances

Any grievances or questions regarding this statement should be directed to the following e-mail address:

support@proshort.ai