By using or accessing the Service in any manner, you acknowledge that you accept the practices and policies outlined in this Privacy Policy, and you hereby consent that we will collect, use, and share your information in the following ways.

Remember that your use of Photon’s Service is at all times subject to our Terms of Service, which incorporates this Privacy Policy. Any terms we use in this Privacy Policy without defining them have the definitions given to them in the Terms of Service. Our Privacy Policy applies to all users of the Photon website: photoninsights.com (and any subdomains).

Notwithstanding the foregoing or anything to the contrary in this Privacy Policy or the Terms of Service, Photon’s use and transfer to any other app of information received from Google APIs will adhere to the Google API Product User Data Policy, including the Limited Use requirements.

What does this Privacy Policy Cover?

This Privacy Policy covers how we treat Personal Data that we gather when you access or use our Service. “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” 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.

Changes to this Privacy Policy

Photon may change this Privacy Policy from time to time. Laws, regulations, and industry standards evolve, which may make those changes necessary, or we may make changes to our Service or business. We will post the changes to this page and encourage you to review our Privacy Policy to stay informed. If we make changes that materially alter your privacy rights, we will do our best to alert you to changes by placing a notice on the Photon 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 Service, and you are still responsible for reading and understanding them.

If you use the Service after any changes to the Privacy Policy have been posted, that means you agree to all of the changes. Use of information we collect is subject to the Privacy Policy in effect at the time such information is collected.

What Personal Data does Photon Collect?

We collect Personal Data about you from:

• You

  • when you provide such information directly to us, and when Personal Data about you is automatically collected in connection with your use of our Service.

• Third parties

  Third parties, both when they provide us with Personal Data about you and when we seek out information for Profiles, as discussed below (“Third Parties”). Third Parties that share your Personal Data with us include:

  • Service providers.

    For example, we may use analytics service providers to analyze how you interact and engage with the Service, or third parties may help us provide you with customer support.

  • Other networks connected to the Service. If you provide any third-party account credentials to us or otherwise sign in to the Service through a third-party site or service (for example, using LinkedIn, Salesforce, Twitter, Facebook, or Google), you understand some content and/or information in those accounts may be transmitted into your Account with us.

The following chart details the categories of Personal Data that we collect and have collected over the past twelve (12) months. Throughout this Privacy Policy, we will refer back to the categories of Personal Data listed in this chart (for example, “Category A. Personal identifiers”).

The following sections provide additional information about how we collect your Personal Data.

Information You Provide to Us: We receive and store any information you knowingly provide to us. For example, through the registration process and/or through your account settings, we may collect Personal Data such as your name, email address, phone number, and third-party account credentials (for example, your log-in credentials for LinkedIn, Salesforce, Twitter, Facebook, or Google). If you provide your third-party account credentials to us or otherwise sign into the Service through a third party site or service (such as LinkedIn, Salesforce, Twitter, Facebook, or Google), you understand some content and/or information in those accounts (“Third Party Account Information”) may be transmitted into your account with us, and that Third Party Account Information transmitted to our Service is covered by this Privacy Policy. Certain information may be required to register with us or to take advantage of some of our features.

We may communicate with you if you’ve provided us the means to do so. For example, if you’ve given us your email address, we may email you about your use of the Service. Also, we may receive a confirmation when you open an email from us, which helps us improve our Service. If you do not want to receive communications from us, please contact us at [email protected].

Information Collected Automatically: Like many other commercial websites, we may also gather information in connection with your use of the website or Service through the use of cookies and other similar technologies such as server logs, pixel tags, web beacons, user website activity and JavaScript (collectively, “Cookies”) to enable us to recognize your web browser or device and tell us how and when you visit and use our Service, to analyze trends, to learn about our user base, and to operate and improve our Service. Cookies are small pieces of data—usually text files—placed on your computer, tablet, phone, or similar device when you use that device to visit our Service. 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 Service does not support “Do Not Track” requests sent from a browser at this time.

Use of Google Workspace APIs and AI/ML Model Development Policy

Compliance with Google Workspace API Usage: We affirm that the Google Workspace APIs accessed through our services are not used for developing, improving, or training generalized artificial intelligence (AI) or machine learning (ML) models.

Purpose of API Usage: Our use of Google Workspace APIs is strictly limited to enhancing the user experience and functionality of our services as explicitly described in our service documentation and does not extend to any form of AI or ML model development.

Data Handling and Processing: All data accessed via Google Workspace APIs is processed in accordance with our privacy policy, strictly adhering to the intended purpose as specified and not for the development of generalized AI or ML technologies.

Restrictions on Data Use: We ensure that no data obtained from Google Workspace APIs will be used to train, calibrate, or improve the capabilities of AI or ML systems, algorithms, or models.

Transparency and Disclosure: We are committed to maintaining full transparency about our use of data obtained from Google Workspace APIs and will continuously provide clear disclosures about the specific purposes for which this data is used.

Privacy and Security Measures: Robust privacy and security measures are implemented to protect the data accessed via Google Workspace APIs, ensuring it is handled in compliance with all applicable laws and regulations, including GDPR, CCPA, and others.

Third-Party Data Sharing and Access: There is no sharing of data obtained through Google Workspace APIs with any third parties for the purpose of AI or ML model development. Any data sharing practices are clearly outlined in our privacy policy.

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 Service. Disabling these Cookies may make certain features and products unavailable.

Functional Cookies. Functional Cookies are used to record your choices and settings regarding our Service, maintain your preferences over time and recognize you when you return to our Service. 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 Service such as by collecting information about the number of visitors to the Service, what pages visitors view on our Service and how long visitors are viewing pages on the Service.

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 computer. If you do this, however, you may have to manually adjust some preferences every time you visit a site, and this may cause some products and functionalities to not work.

To explore what Cookie settings are available to you, look in the “preferences” or “options” section of your browser’s menu. To find out more information about Cookies, including information about how to manage and delete Cookies, please visit http://www.allaboutcookies.org/

How We Use Your Personal Data

We process Personal Data to operate, improve, understand, and personalize our Service. We use Personal Data for the following purposes:

• To meet or fulfill the reason you provided the information to us.

• To communicate with you about the Service, including Service announcements, updates or offers.

• To provide support and assistance for the Service.

• To create and manage your Account or other user profiles.

• To process orders or other transactions.

• To respond to user inquiries and fulfill user requests.

• To market, improve, and develop the Service, including testing, research, analysis, and product development (including creation, enhancement, and distribution of Profiles).

• To protect against or deter fraudulent, illegal or harmful actions and maintain the safety, security and integrity of our Service.

• To comply with our legal or contractual obligations, resolve disputes, and enforce our Terms of Service.

• To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.

• For any other business purpose stated when collecting your Personal Data or as otherwise set forth in applicable data privacy laws, such as the California Consumer Privacy Act (the “CCPA”).

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.

How We Share Your Personal Data

Disclosures of Personal Data for a Business Purpose

We disclose your Personal Data to service providers and other parties for the following business purposes:

• Performing products on our behalf, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing advertising or marketing products, providing analytic products, or providing similar products on behalf of the business or service provider.

• Auditing related to a current interaction and concurrent transactions, including, but not limited to, counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance with this specification and other standards.

• Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity.

• Debugging to identify and repair errors that impair existing intended functionality.

• Short-term, transient use of Personal Data that is not used by another party to build a consumer profile or otherwise alter your consumer experience outside the current interaction.

• Undertaking internal research for technological development and demonstration.

• Undertaking activities to verify or maintain the quality or safety of a service or device that we own, manufacture, was manufactured for us, or we control.

We disclose your Personal Data to the following categories of service providers and other parties:

Service providers, including:

• Subscription management providers and payment processors

• Security and fraud prevention consultants

• Hosting and other technology and communications providers

• Analytics providers

• Customer relationship management and customer support providers

• Parties who acquire your Personal Data through an acquisition or other change of control.

  • Personal Data 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)

• Other parties at your direction.

• Other users (where you post information publicly or as otherwise necessary to effect a transaction initiated or authorized by you through the Service)

  • Social media products (if you intentionally interact with them through your use of the Service)

  • Third-party business partners who you access through the Service

  • Other parties authorized by you

• Business partners

• In some cases, we may disclose information about your use of the Service to your employer or other users within your organization

• Over the past twelve months, we have not disclosed your Personal Data to service providers or other parties for any purpose.

Sale of Personal Data

As defined in the CCPA, we do not sell your personal data.

Data Security and Retention

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, including but not limited to:

• The Photon website and Service use SSL (https).

• Account passwords are hashed when stored in our database.

• Photon employees use Single Sign-On (SSO) and passwords and enable screen locking.

• Access to AWS and Payment Processors is limited on a need to know basis and requires Two-Factor Authentication (2FA).

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 privacy of your account and other Personal Data that we hold in our records, no security system is impenetrable, and unanticipated system failures or the efforts of malicious actors are an unfortunate reality on the Internet. Therefore, Photon cannot guarantee that Personal Data during transmission through the Internet or while stored on our systems or otherwise in our care will be absolutely safe from intrusion by others.

We retain Personal Data about you for as long as you have an open account with us or as otherwise necessary to provide the Service. 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. Afterwards, we retain some information in a depersonalized or aggregated form but not in a way that would identify you personally.

Personal Data of Children

As noted in the Terms of Service, we do not knowingly collect or solicit Personal Data from children under 16. If you are a child under 16, please do not attempt to register for or otherwise use the Service or send us any Personal Data. If we learn we have collected Personal Data from a child under 16, we will delete that information as quickly as possible. If you believe that a child under 16 may have provided us Personal Data, please contact us at [email protected].

California Resident Rights

If you are a California resident, you have the rights outlined in this section. Please see the “Exercising Your Rights” section below for instructions regarding how to exercise these rights. If there are any conflicts between this section and any other provision of this Privacy Policy and you are a California resident, the portion that is more protective of Personal Data shall control to the extent of such conflict. If you have any questions about this section or whether any of the following applies to you, please contact us at [email protected].

Access

You have the right to request more information about the Personal Data we hold about you and request a copy of such Personal Data by emailing [email protected] or submitting a request using this form.

Deletion

You have the right to request that we delete the Personal Data that we have collected from you. Under the CCPA, this right is subject to certain exceptions: for example, we may need to retain your Personal Data to provide you with the Service or complete a transaction or other action you have requested. If your deletion request is subject to one of these exceptions, we may deny your deletion request.

Exercising Your Rights

To exercise the rights described above, you must send us a request that (1) provides sufficient information to allow us to verify that you are the person about whom we have collected Personal Data, and (2) describes your request in sufficient detail to allow us to understand, evaluate, and respond to it. Each request that meets both of these criteria will be considered a “Valid Request.” We may not respond to requests that do not meet these criteria. We will only use Personal Data provided in a Valid Request to verify you and complete your request. You do not need an account to submit a Valid Request.

We will work to respond to your Valid Request within 45 days of receipt. We will not charge you a fee for making a Valid Request unless your Valid Request(s) is excessive, repetitive, or manifestly unfounded. If we determine that your Valid Request warrants a fee, we will notify you of the fee and explain that decision before completing your request.

You may submit a Valid Request using the following methods:

Emailing us at: [email protected].

Personal Data Sales Opt-Out and Opt-In

Photon does not sell your data. If it does, Photon will provide an opportunity for you to opt-out of such sale.

Once you have submitted an opt-out request, we will not ask you to reauthorize the sale of your Personal Data for at least 12 months. However, you may change your mind and opt back in to Personal Data sales at any time by creating a new profile for yourself.

We Will Not Discriminate Against You for Exercising Your Rights Under the CCPA

We will not discriminate against you for exercising your rights under the CCPA. We will not deny you our goods or products, charge you different prices or rates, or provide you a lower quality of goods and products if you exercise your rights under the CCPA. However, we may have different tiers of products as allowed by applicable data protection laws (including the CCPA) with varying prices, rates, or levels of quality of the goods or products you receive related to the value of Personal Data that we receive from you.

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 who intend to license or sell that Personal Data. You can exercise this right by contacting us at [email protected] with the subject line “Nevada Do Not Sell Request” and providing us with your name and the email address associated with your account.

GDPR Privacy Notice

European Union Data Subject Rights

If you are a resident of the European Union (“EU”), United Kingdom, Lichtenstein, Norway, or Iceland, you may have additional rights under the EU General Data Protection Regulation (the “GDPR”) or the United Kingdom General Data Protection Regulation (UK-GDPR) with respect to your Personal Data, as outlined below.

For this GDPR Privacy Notice, we use the terms “Personal Data” and “processing” as they are defined in the European Privacy Laws, but “Personal Data” generally means information that can be used to individually identify a person, and “processing” generally covers actions that can be performed in connection with data such as collection, use, storage and disclosure.  Photon will be the controller of your Personal Data processed in connection with the Service. For purposes of this GDPR Privacy Notice, “Personal Data” includes (but is not limited to) Profile data, as defined above.

How and With Whom Do We Share Your Data?

We share Personal Data with vendors, third party service providers and agents who work on our behalf and provide us or you with products related to the purposes described in this Privacy Policy or our Terms of Service. These parties include:

• Payment processors

• Fraud prevention service providers

• Analytics service providers

• Staff augmentation and contract personnel 

• Hosting service providers

• Co-location service providers

• Marketing service providers

• Product development service providers

• Customer success providers

We also share Personal Data when necessary to complete a transaction initiated or authorized by you or provide you with a product or service you have requested.  In addition to those set forth above, these parties also include:

• Third party business partners who you access through the Service

We also share Personal Data when we believe it is necessary to:

• Comply with applicable law or respond to valid legal process, including requests from law enforcement or other government agencies

• Protect us, our business or our users, for example to enforce our Terms of Service, prevent spam or other unwanted communications and investigate or protect against fraud

• Maintain the security of our products and products

We also share information with third parties when you give us consent to do so.

Last, if we choose to buy or sell assets, user information is typically one of the transferred business assets. Moreover, if we, or substantially all of our assets, were acquired, or if we go out of business or enter bankruptcy, user information would be one of the assets that is transferred or acquired by a third party, and we would share Personal Data with the party that is acquiring our assets. You acknowledge that such transfers may occur, and that any acquirer of us or our assets may continue to use your Personal Information as set forth in this policy.

How Long Do We Retain Your Personal Data?

We retain Personal Data about you for as long as you have an open account with us or as otherwise necessary to provide you with the Service. 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. Afterwards, we retain some information in a depersonalized or aggregated form but not in a way that would identify you personally.

What Rights Do You Have Regarding Your Personal Data?

You have certain rights with respect to your Personal Data, including those set forth below. For more information about these rights, or to submit a request, please email [email protected]. Please note that in some circumstances, we may not be able to fully comply with your request, such as if it is frivolous or extremely impractical, if it jeopardizes the rights of others, or if it is not required by law, but in those circumstances, we will still respond to notify you of such a decision. In some cases, we may also need you to provide us with additional information, which may include Personal Data, if necessary to verify your identity and the nature of your request.

• Access: You can request more information about the Personal Data we hold about you and request a copy of such Personal Data by emailing [email protected].

• Rectification: If you believe that any Personal Data we are holding about you is incorrect or incomplete, you can request that we correct or supplement such data. You can also correct some of this information directly by emailing [email protected].

• Erasure: You can request that we erase some or all of your Personal Data from our systems.

• Withdrawal of Consent: If we are processing your Personal Data based on your consent (as indicated at the time of collection of such data), you have the right to withdraw your consent at any time. Please note, however, that if you exercise this right, you may have to then provide express consent on a case-by-case basis for the use or disclosure of certain of your Personal Data, if such use or disclosure is necessary to enable you to utilize some or all of our Service.

• Portability: You can ask for a copy of your Personal Data in a machine-readable format. You can also request that we transmit the data to another controller where technically feasible.

• Objection: You can contact us to let us know that you object to the further use or disclosure of your Personal Data for certain purposes, such as for direct marketing purposes.

• Restriction of Processing: You can ask us to restrict further processing of your Personal Data.

• Right to File Complaint: You have the right to lodge a complaint about Photon’s practices with respect to your Personal Data with the supervisory authority of your country or EU Member State.

Transfers of Personal Data: The Service is hosted and operated in the United States (“U.S.”) through Photon and its service providers, and if you do not reside in the U.S., laws in the U.S. may differ from the laws where you reside. By using the Service, you acknowledge that any Personal Data about you, regardless of whether provided by you or obtained from a third party, is being provided to Photon in the U.S. and will be hosted on U.S. servers, and you authorize Photon to transfer, store and process your information to and in the U.S., and possibly other countries. You hereby consent to the transfer of your data to the U.S.

Contact Information:

If you have any questions or comments about this Privacy Policy, the ways in which we collect and use your Personal Data, your choices and rights regarding such use, please do not hesitate to contact your Photon representative or email us at [email protected].

Physical Address: 100 Front Street, Suite 1111 West Conshohocken, PA 19428