PRIVACY NOTICE

CCPA and Do Not Track Supplement

NICE ELEVATEAI CCPA AND DO NOT TRACK DISCLOSURE SUPPLEMENT TO PRIVACY POLICY

Last Updated: August 12, 2022

This CCPA and Do Not Track Disclosure Supplement explains: (1) how NICE collects Personal Information from You through our interactions with You and through Your use of, and interactions with, ElevateAI and its associated web properties and whether NICE shares or discloses that Personal Information for a business purpose, as provided for under the California Consumer Privacy Act of 2018 (“CCPA”), and (2) how NICE will handle Do Not Track requests. This CCPA and Do Not Track Disclosure Supplement is referenced in and made part of the NICE ElevateAI Privacy Notice. Capitalized terms used but not defined herein shall have the meaning ascribed to them in the NICE ElevateAI Privacy Notice or the NICE ElevateAI Terms of Use, including the other documents incorporated therein by reference (collectively, the “Terms”).

This CCPA and Do Not Track Disclosure Supplement does not apply to other types of Data or NICE online services, products, and applications operated by NICE or its affiliates. For purposes of this CCPA and Do Not Track Disclosure Supplement only, the term “you”, “You”, “Your”, or “your”, with regard to Personal Information, refers to and includes Personal Information related to You, individually, and to the extent Data You upload to ElevateAI includes Personal Information related to other individuals governed by CCPA.

CCPA DISCLOSURE

If You reside in California, or Your Content may include Personal Information of California residents, then this CCPA Disclosure applies to Your use of ElevateAI as it pertains to Personal Information of California residents for purposes of compliance with CCPA. Defined terms used in this section, including but not limited to “Business Purpose”, “Consumers,” “Personal Information” and “Sale” (or “Sell”) are used as such terms are defined by and interpreted pursuant to the CCPA.

The categories of Personal Information we may have collected about Consumers, for of which we have disclosed for a business purpose, in the preceding 12 months are:

(1) Identifiers, such as name, alias, unique personal identifier, online identifier, Internet Protocol address, or other similar identifiers used to provide you ElevateAI or otherwise respond to Your inquiries;

(2) Personal information, as defined in the California safeguards law, such as contact and financial information;

(3) Characteristics of protected classifications under California or federal law, such as sex and marital status;

(4) Commercial information, such as transaction and account information;

(6) Internet or network activity information, such as browsing history and interactions with ElevateAI;

(7) Geolocation data, such as device location;

(8) Audio, electronic, visual, thermal, olfactory, and similar information, such as video, photography and call and video recordings;

(9) Professional or employment-related information; and

(10) Inferences drawn from any of the Personal Information listed above to create a profile about, for example, an individual’s preferences and characteristics.

The sources we have collected this Personal Information from are: directly from California residents, their representatives, or service providers.

In the past 12 months, however, we have not “sold” Personal Information relating to California residents within the meaning of the CCPA. For purposes of this CCPA and Do Not Track Supplement, “sold” means the disclosure of Personal Information for monetary or other valuable consideration.

If You are a California resident, You may request that we disclose to You the following information covering the 12 months preceding Your request:

(1) the categories of Personal Information that we collected about You and the categories of sources from which we collected such Information;

(2) the business or commercial purpose for collecting Personal Information about You;

(3) the categories of Personal Information about You that we disclosed to third parties for a business purpose and the categories of third parties to whom we disclosed such Personal Information (if applicable); and

(4) the specific pieces of Personal Information we collected about You.

If You are a California resident, or Your Content includes Personal Information, You may also request that we delete Personal Information that we collected from You or uploaded to ElevateAI by You.

Before NICE is able to accommodate or respond to any request, we may ask to verify Your identity by providing NICE with certain information or identification. In some instances, we may decline to honor Your request. For example, we may decline to honor Your request if we cannot verify Your identity or confirm that the Personal Information that we maintain relates to You, or if we cannot verify that You have the authority to make a request on behalf of another individual. In other instances, we may decline to honor Your request where an exception applies, such as where the disclosure of Personal Information would adversely affect the rights and freedoms of another consumer or where the Personal Information that we maintain about You is not subject to the CCPA’s access or deletion rights, such as information relating to NICE employees and contractors that is used for our employment and vendor management purposes.

Nonetheless, You have the right to be free from unlawful discrimination for exercising Your rights under the CCPA.

“DO NOT TRACK” DISCLOSURES

Certain jurisdictions require NICE to indicate whether we honor “Do Not Track” settings in your browser concerning targeted advertising. NICE adheres to the standards set out in this CCPA and Do Not Track Supplement and the Terms and does not monitor or respond to Do Not Track browser requests.