Augury Privacy Policy

Last updated: February 2023

Our Commitment to You

Augury Inc. and its affiliated companies (together: “ Augury”, “ us” or “ we“) are dedicated to providing users with the highest level of transparency and control over the use of their information. In order for us to provide you with our Services (as this term is defined below), we are required to collect and process certain personal data about you and your activity.

By entrusting us with your information, we would like to assure you of our commitment to keep such information private. We have taken measurable steps to protect the confidentiality, security and integrity of this Information.

When you use our Services, you consent to the collection, storage, use, disclosure and other uses of your Personal Data as described in this Privacy Policy.

We urge you to read this Privacy Policy carefully and make sure that you fully understand and agree to it. If you do not agree to this Privacy Policy, please discontinue and avoid using our Services.

Grounds for Data Collection

You are not legally required to provide us with your “ Personal Data” (meaning any information which may potentially allow your identification with reasonable means), but without it we might not be able to provide you with the full range of, or the best experience while using our website and mobile application (hereinafter the “ Website” and the “ App”, collectively, the “ Services”).

Processing of Personal Data is necessary for the performance of our contractual obligations towards you, for provision and operation of our Services, and for compliance with legal and regulatory obligations to which we are subject.

Our legal basis for collecting and using your Personal Data will depend on the particular purpose for which your data is being processed, however, we generally use the following:

1. Performance of a contract
   – We will use this basis for processing necessary to make the Services, including support services, available to you, and to send you service communications.
2. Consent
   – In limited cases (where you choose to sign up to receive direct marketing emails, and where you accept cookies on our website) we will process your Personal Data based on your consent. You can withdraw your consent at any time by contacting us using the details provided below.
3. Legitimate interests
   – where legally permissible, we will process your Personal Data based on our legitimate interests in maintaining and improving our Services, such as for the purpose of understanding how our Services are used and improving them, our customer service and support operations, and protecting and securing our users, ourselves and our Services.
4. Compliance with a legal obligation
   – In limited cases we may process your Personal Data where we need to do so to comply with a legal obligation e.g. which is set out in an applicable law, or if we receive an order from a court or regulatory body.

What Type of Data We Collect?

Personal Data

In the course of using the Service, we may ask you to provide us with certain Personal Data to provide and improve the Service, to contact or identify you, to enable you to access certain parts of the Website, and as otherwise indicated in this Policy. We collect the following Personal Data about you:

• Registration information– your name, your mailing address, your email address, your home and work telephone number, information about your company and your position, and similar contact details.
• Information received from you– you may choose to provide us Personal Data voluntarily, such as when you contact us (via a contact form on our Services, e-mail or any other channel, including any support services), or when you provide us with your e-mail address when you sign-up to receive our newsletter or other communications.
• When using our Website– our webserver will collect your IP-address, and information about your general location (such as city and country).
• Information from third parties– this includes information we receive from our business partners, and may include Personal Data such as your contact details (name, phone, email) as well as details pertaining to your company, your job description, etc.

Non-Personal Data

We also collect data about the use of our Service and the characteristics and activities of users, in order to operate it and improve it. We may collect the following non-Personal Data:

• Technical information– when someone visits, interacts with or uses our Services, including by e-mail or text messages sent to them by us or our Services, we may collect or generate technical data about them. This includes data such as Site visits, the browser you are using and its display settings, your operating system, device type, session start/stop time, referral URL, time zone, network connection type (e.g., Wi-Fi, cellular), and cookie information. We collect or generate such data either independently or with the help of third party services, including through the use of “cookies” and other tracking technologies (as further detailed our consent mechanisms provided in applicable jurisdictions and the below “Tracking Technologies” section of this policy). We do not use such data to learn a person’s true identity or contact details, but mostly to have a better understanding on how our users typically use and engage with our Services.

If we combine Personal Data with non-Personal Data, the combined data will be treated as Personal Data. Further Personal Data will only be stored and processed if you voluntarily provide it to us, e.g. through a contact form.

Tracking Technologies

When you visit or access our Services we use (and authorize 3rd parties to use) pixels, cookies, events and other technologies. Those allow us to automatically collect information about you, your device and your online behavior, in order to enhance your navigation in our Services, improve our Services’ performance, perform analytics and customize your experience. We and our advertising partners also use Tracking Technologies to collect certain data about you in order to improve our advertising practices and make ads and related marketing content we deliver more effective, relevant and enjoyable, including by deploying retargeting and ad measurement and attribution systems. Such data is pseudonymized and only includes advertising identifiers (Advertising IDs), IP addresses, and other interest-based information collected through ours or our partners’ services.

To learn more about our Tracking Technologies please visit our Cookie Policy page.

How Do We Use the Data We Collect?

• Provision of service – for the provision and improvement of our Services, including for support and to respond to your queries.

• Service announcements – we will use your Personal Data to communicate with you and to keep you informed of our latest updates to our Services and offer you service offers.

• Marketing purposes – we may use your Personal Data (such as your email address or phone number). For example, by subscribing to our newsletter you will receive tips and announcements straight to your email account. We may also send you promotional material concerning our Services or our partners’ services (which we believe may interest you), including but not limited to, by building an automated profile based on your Personal Data, for marketing purposes.

  • Opt-out of targeted advertising – in some jurisdictions, you may choose to opt out of targeted advertising by adjusting your cookie settings through our cookie consent mechanism.
  • Opt-out of receiving marketing materials– you may choose not to receive our promotional or marketing emails (all or any part thereof) by clicking on the “unsubscribe” link in the emails that you receive from us.

  Please note that even if you unsubscribe from our promotional or marketing emails, we may continue to send you Service-related updates and notifications, or reply to your queries and feedback you provide us.

Please note that even if you opt-out, we may still use and share your Personal Data with third parties for non-marketing purposes (for example to provide our Services, fulfill your requests, communicate with you and respond to your inquiries, etc.). In such cases, the companies with whom we share your Personal Data are authorized to use your Personal Data only as necessary to provide these non-marketing services.

• Analytics, surveys and research – from time to time, we may conduct surveys or test features, and analyze the data we have to develop, evaluate and improve these features, all in order to improve our Service and think of new and exciting features for our users.
• Protecting our interests – we may use your Personal Data when we believe it’s necessary in order to take precautions against liabilities, investigate and defend ourselves against any third party claims or allegations, investigate and protect ourselves from fraud, protect the security or integrity of our services and protect the rights and property of Augury, its users and/or partners.
• Enforcing of policies – we may use your Personal Data in order to enforce our policies, including but not limited to our client agreement.
• Compliance with legal and regulatory requirements – we may use your Personal Data to investigate violations, and as required by law, regulation or other governmental authority, or to comply with a subpoena or similar legal process.

With Whom Do We Share Your Personal Data?

• Internal concerned parties – we share your information with companies in our group, as well as our employees, in order to provide you with our Services.
• Business partners – we share your information with business partners, such as storage and analytics providers who help us provide you with our Service. These third parties may have access to your Personal Data so that they may perform these tasks on our behalf, but they are obligated to comply with this Privacy Policy and may not use your Personal Data for any other purpose.
• Compliance with laws and law enforcement entities – we cooperate with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any data about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect our or a third party’s property and rights, to protect the safety of the public or any person, or to prevent or stop any activity we may consider to be, or to pose a risk of being, illegal, unethical, inappropriate or legally actionable. We also may be required to disclose an individual’s Personal Data in response to a lawful request by public authorities, including meeting national security or law enforcement requirements.
• Merger and acquisitions– we may share your data if we enter into a business transaction such as a merger, acquisition, reorganization, bankruptcy, or sale of some or all of our assets. Any party that acquires our assets as part of such a transaction may continue to use your data in accordance with the terms of this Privacy Policy.

International Transfer of Personal Data

Residents of the EU: please note that some data recipients may be located outside the EEA. In such cases we will transfer your data only to such countries as approved by the European Commission as providing adequate level of data protection, or enter into legal agreements ensuring an adequate level of data protection.

Residents of the People’s Republic of China: please refer to the “Transfer of data outside of China” section.

How We Protect Your Personal Data

We have implemented administrative, technical, and physical safeguards to help prevent unauthorized access, use, or disclosure of your Personal Data. Your data is stored on secure servers and isn’t publicly available. We limit access of your information only to those employees or partners on a “need to know” basis, in order to enable the carrying out of the agreement between us.

While we seek to protect your information to ensure that it is kept confidential, we cannot absolutely guarantee its security. You need to help us prevent unauthorized access to your account by protecting your password appropriately and limiting access to your account. You will be solely responsible for keeping your password confidential and for all use of your password and your account, including any unauthorized use. You should also be aware that there is always some risk involved in transmitting information over the internet. While we strive to protect your Personal Data, we cannot ensure or warrant the security and privacy of your Personal Data or other content you transmit using the Service, and you do so at your own risk.

Retention

We will retain your Personal Data for only as long as necessary to provide our Services, and as necessary to comply with our legal obligations, resolve disputes, and enforce our policies. Retention periods will be determined taking into account the type of information that is collected and the purpose for which it is collected, bearing in mind the requirements applicable to the situation and the need to destroy outdated, unused information at the earliest reasonable time. Under applicable regulations, we will keep records containing client personal data, trading information, account opening documents, communications and anything else as required by applicable laws and regulations.

User Rights

European Union Users, Users residing in the People’s Republic of China

As a data subject, local data protection regulations grant you with various rights with regard to your Personal Data. These rights vary between jurisdictions. We make our best efforts at all times to ensure that your rights will be fully recognized, in accordance to the applicable law.

If you are entitled to under the applicable data protection law in your jurisdiction, if you reside in the EU or the People’s Republic of China or another jurisdiction which affords similar rights, you may request to:

1. Receive confirmation as to whether or not Personal Data concerning you is being processed, and access your stored Personal Data, together with supplementary information.
2. Decide how your Personal Data will be handled by us.
3. Consult and receive a copy of your Personal Data, or to transfer your Personal Data to another handler in a structured, commonly used and machine-readable format.
4. Request rectification of your Personal Data that is in our control.
5. Request erasure of your Personal Data.
6. Object to the processing of Personal Data by us.
7. Request to restrict processing of your Personal Data by us.
8. To not be discriminated against in pricing and services because you exercise any of your rights.
9. Request us to explain the Personal Data handling rules.

However, please note that these rights are not absolute, and may be subject to regulatory requirements.

Submitting a Request
Under applicable law, when you submit a request regarding any of the aforementioned rights, please note that your request must:

• Provide sufficient information to allow us to reasonably verify you are the person about whom we collected Personal Data or an authorized representative.
• Describe your request with sufficient details to allow us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with Personal Data if we cannot verify your identity or authority to make the request and confirm the Personal Data relates to you. Making a verifiable consumer request does not require you to create an account with us.

We will only use Personal Data provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

Requests regarding your rights will be responded in a timely manner.

Our Policy Toward Children

We understand the importance of protecting children’s privacy, especially in an online environment. The Services are not designed for or directed at anyone under the age of majority (as determined under the applicable laws where the individual resides; “ Minors”). We do not knowingly collect any Personal Data from Minors. If a parent or guardian becomes aware that his or her child has provided us with Personal Data, he or she should contact us using the details provided above.

How To Contact Us?

If you wish to exercise any of the aforementioned rights, or receive more information, please contact:

Augury US by email to: privacy@augury.com

EU Representative Information:

EDPO

Online request form: https://edpo.com/gdpr-data-request/

EDPO, Avenue Huart Hamoir 71, 1030 Brussels, Belgium

UK Representative Information:

EDPO

Online request form: https://edpo.com/uk-gdpr-data-request/

8 Northumberland Avenue, London WC2N 5BY, United Kingdom

China Representative Information:

Alliance Development Group

16B, Gateway Plaza, 18 Xiaguangli, E. 3rd Ring Rd, Beijing, 100027, China

growth@adgchina.co

Updates to This Privacy Policy

This Privacy Policy is subject to changes from time to time, in our sole discretion. The most current version will always be posted on our Site (as reflected in the “Last Updated” heading). You are advised to check for updates regularly. In the event of material changes, we will provide you with a notice. By continuing to access or use our Services after any revisions become effective, you agree to be bound by the updated Privacy Policy.

Additional Information for California Residents

This part of the Privacy Policy addresses the specific disclosure requirements under the California Consumer Privacy Act of 2018 (Cal. Civ.§1798.100–1798.199) and the California Consumer Privacy Act Regulations by the Attorney General (collectively, “ CCPA“).

Collecting Personal Information

In the preceding twelve (12) months, we have collected the following categories of Personal Data:

Sharing Personal Information

In the preceding twelve (12) months, we have disclosed Personal Data (as mentioned above) to, or allowed access to Personal Data by, the following categories of recipients:

• Data analytics vendors
• Quality assurance vendors
• Cloud storage Providers
• Payment and auditing processors
• Service providers
• Advertising networks and marketing affiliates

Selling Personal Information

We do not “sell” Personal Data about our users as most people would typically understand this term. However, we do allow certain third-party advertising partners to collect pseudonymized information about consumers through our Services for purposes of serving ads and related marketing materials that are relevant (including related activities such as campaign measurement and analytics, fraud detection and reporting). In this context, we “sell” resettable advertising identifiers and IP addresses with our advertising partners. These mobile advertising IDs allows developers and marketers to track activity for advertising purposes and are used to enhance the personalization of ads.

You may opt out from the “sale” of your Personal Data by: (a) through our cookie consent mechanism; (b) resetting these identifiers from within your device or limit ad tracking for your device. You may also contact us, by using the contact details provided below.

User Rights

You have the right to:

1. Request that we disclose to you (the “Right to know“) (i) the categories of Personal Data we collected about you and the categories of sources from which we collected such information; (ii) the specific pieces of Personal Data we collected about you; (iii) the business or commercial purpose for collecting Personal Data about you; and (iv) the categories of Personal Data about you that we shared or disclosed and the categories of third parties with whom we shared or to whom we disclosed such information in the preceding 12 months.
2. Request that we delete Personal Data we collected from you subject to certain exceptions.
3. To not be discriminated against in pricing and services because you exercise any of your rights under the CCPA (as defined below).
4. To opt out of the sale of your Personal Data.

You can designate an authorized agent to make a request under the CCPA on your behalf if:

• The authorized agent is a natural person or a business entity registered with the Secretary of State of California; and
• You sign a written declaration that you authorize the authorized agent to act on your behalf.

If you use an authorized agent to submit a request to exercise your Right To Know or your right to request deletion, please mail a certified copy of your written declaration authorizing the authorized agent to act on your behalf using the contact information below. If you provide an authorized agent with power of attorney pursuant to Probate Code §4000–4465, it may not be necessary to perform these steps and we will respond to any request from such authorized agent in accordance with the CCPA.

Additional Information for Residents of the People’s Republic of China

Transfer of data outside of China

Please note that some data recipients may be located outside of China. In such cases we will transfer your data only in accordance with the PIPL permissible methods to ensure an adequate level of protection of your personal data.

The foreign recipients we may share your personal data with are as follows: