Last Updated: August 12, 2022

Privacy is important. This Privacy Notice explains how NICE collects, uses, processes, and discloses data from You through our interactions with You and through Your use of, and interactions with, ElevateAI and its associated web properties. Therefore, understanding how we collect and use such data is important. The data we collect relies on the context of the actions You take and the settings You select within our products. This Privacy Notice is referenced in and made part of the NICE ElevateAI Terms of Use governing your use of ElevateAI. Capitalized terms used but not defined herein shall have the meaning ascribed to them in the NICE ElevateAI Terms of Use, including the other documents incorporated therein by reference. This Privacy Notice does not apply to other NICE online services, products, and applications operated by NICE or its affiliates.

ElevateAI is primarily offered to, and designed for, use by organizations and developers. As such, there is data and information that we may collect, use, share and process relating to you, and relating to Content (collectively referred to as, “Data”), either directly or through the use of ElevateAI.

While we believe our products are best in class, we also acknowledge that You have choices as to what technologies You use, and what Data You share. As such, You are NOT required to share Data with us. However, if You choose not to provide Data required by ElevateAI to deliver You a product or feature, unfortunately You won’t be able to use that product or feature. Similarly, there is Data we need to collect in accordance with applicable law or to enter into or carry out a contract with You; if You won’t provide that Data, or won’t provide it accurately, then we will not be able to enter into the contract or we may have to suspend or cancel Your access to such product or feature, if related to a product You are already using.

The following describes what Data may be collected through ElevateAI, based upon the choices You make (including the product settings):

NICE reserves the right, at all times, to disclose, edit, refuse to post, delete or otherwise to remove, any materials or information, including Content, in whole or in part, that NICE deems necessary, for any of the following purposes:

We do not, and currently do not intend to, sell any of Your Data to any third party. NICE will not transfer or disclose Your Data to any third party, except in the following cases, or as otherwise outlined in this Privacy Notice:

Our service providers do not have any right to use Your Data collected from ElevateAI beyond what is necessary for the purpose of facilitating their services on behalf of NICE. These service providers have agreed to maintain the confidentiality, security, and integrity of the personal information they obtain from us, and, unless we notify You otherwise, will not use Your personal information for any purpose other than as described in this Privacy Notice and the NICE ElevateAI Terms of Use.

ElevateAI contains links to other sites that are not owned or controlled by NICE. Please be aware that we are not responsible for the privacy practices of such other sites. We encourage You to be aware when You leave our site and to read the privacy statements of each and every web site that collects personally identifiable information. This privacy statement applies only to information collected by ElevateAI.

Currently, NICE does not jointly determine the purposes and means of processing the Data with any third-party (a “joint controller”). If a joint controller situation is established in regard to Your Data, the essence of the legal arrangement between NICE and such other controller shall be made available to You upon request.

ElevateAI may be operated in countries other than Your own location, including within and outside the United States, and Your Data may be accessed and/or processed from and/or transferred to countries other than Your own location where privacy laws may not be as protective as those in Your jurisdiction. We may do this where Data is accessed/processed:

By consenting to the collection and use of Your Data, You agree to Your Data being transferred and stored in this manner and for the specified purposes.

If You reside in the European Union or United Kingdom, or will be accessing, processing, or disclosing data from individuals within the European Union or United Kingdom through Your use of ElevateAI, please also read the NICE ElevateAI EU and UK Supplement for more details.

If You reside in, or will be accessing, processing, or disclosing data from individuals within the State of California, or to learn how NICE handles Do Not Track requests, please also read the CCPA and Do Not Track Supplement for more details.

You are responsible for monitoring the Data retention rules within ElevateAI to determine their appropriateness and conformance with Your legal obligations.

Unless You choose to delete Your data via the self-service capability within ElevateAI (except in the case of nonpayment or termination of the NICE ElevateAI Terms of Use, which is subject to immediate deletion), the following settings shall apply:

(a) Content. Audio, transcript, and chat files are automatically deleted from NICE servers as soon as they have been processed.

(b) ElevateAI Output. Transcripts and CX AI files generated by ElevateAI are stored and thus able to be retrieved for the earlier of 45 days, or until You request deletion.

Data will be retained in accordance with the ElevateAI-Specific Data Settings. We will also retain and use Data as necessary to comply with our legal obligations, resolve disputes, and to enforce our agreements.

NICE does not knowingly permit access to ElevateAI , or knowingly collect Data, from minors who are under the age of 18 without appropriate consent. If a parent or guardian becomes aware that his or her child has provided us with personally identifiable information via ElevateAI without his/her consent, then he or she should contact NICE at the information described below. If we become aware that a child under the age of 18 has provided us with personally identifiable information, we will delete such information from our files.

NICE implements data security systems and procedures to secure ElevateAI and information stored therein, an overview of such measures is provided in the NICE ElevateAI Technical and Organizational Measures (TOMS). Such systems and procedures reduce the risk of security breaches, but they do not provide absolute security. Therefore, NICE does not guarantee that ElevateAI will be immune to unauthorized access to the information stored therein and to other information security risks.

Cookies might be used for the following purposes: (1) to enable certain functions; (2) to provide analytics; (3) to store Your preferences; and (4) to enable ad delivery and behavioral advertising. Cookies can either be session Cookies or persistent Cookies. A session Cookie expires automatically when You close Your browser. A persistent Cookie will remain until it expires or You delete Your Cookies. Expiration dates are set in the Cookies themselves; some may expire after a few minutes while others may expire after multiple years. Cookies placed by the website You're visiting are sometimes called "first party Cookies," while Cookies placed by other companies are sometimes called "third party cookies."

When You access and/or use ElevateAI, NICE or a third party may place a number of Cookies in Your browser. Some of the Cookies will only be used if You use certain features or select certain preferences, and some Cookies will always be used.

Each Cookie serves one of four different purposes:

Finally, we may set Cookies within emails we send to You (if You have consented to receiving emails from us). These Cookies are used to track how often our emails are opened and clicked on by our customers. If You do not wish to accept Cookies from any one of our emails, close the email before downloading any images or clicking on any links. You can also set Your browser to restrict Cookies or to reject them entirely. In some instances, depending on Your email or browser settings, Cookies in an email may be automatically accepted (for example, when You have added an email address to Your address book or safe senders list). Please refer to Your email browser or device instructions for more information on this.

Third Party Company Cookies.

Third party companies like analytics companies and ad networks generally use Cookies to collect user information on an anonymous basis. They may use that information to build a profile of Your activities on ElevateAI and other websites that You have visited. You may also opt out of third-party Cookies by following the instructions provided by each third party in its privacy policy.

If You do not like the idea of Cookies or certain types of Cookies, You can change Your browser's settings to delete Cookies that have already been set and to not accept new Cookies. To learn more about how to do this, visit the help pages of Your browser. Please note, however, that if You delete Cookies or do not accept them, You might not be able to use all of the features we offer, You may not be able to store Your preferences, and some of our pages might not display properly.

We use additional technologies to help track user activities and preferences. For example, we use web beacons (also known as clear gifs, pixel tags or web bugs). Web beacons are tiny graphics (about the size of a period) with a unique identifier that are embedded invisibly on web pages or emails. They are used to track user activities and communicate with Cookies. You cannot opt out of web beacons used in webpages, but You can limit their use by opting out of the Cookies they interact with. You can opt out of web beacons used in emails by setting Your email client to render emails in text mode only.

We engage in interest-based advertising in order to deliver advertisements and personalized content that we believe will be of interest to You. Advertisements, emails, and other messages may be delivered to You by NICE or its service providers based on Your online or mobile behavior, Your search activity, Your geographic location or other information that is collected by us or obtained by such third parties using Cookies (such as Your clicking on our paid ads in Google or other social networks).

In addition, we and our business partners use third parties to establish deterministic or probabilistic connections among devices (such as smartphones, tablets, and computers) to deliver more relevant advertising to You and for advertising analytics and reporting purposes. This means that information about Your use of websites or applications on Your current device may be combined with information from Your other devices. We also may share this information and other inferences with third parties to allow them to target advertising, personalize content, or analyze behavior. This allows, for example, advertisements You see on Your tablet to be based on activities You engaged in on Your smartphone. These business partners may share and combine information from Cookies with identifiers (such as device IDs assigned by Google or Apple) and IP addresses to make connections among related devices. This also allows for a more personalized experience across ElevateAI.

NICE gathers certain information automatically to analyze trends in the aggregate and administer ElevateAI. The data may include Your IP address, browser types, pages and files You viewed, Your operating system, Your actions in connection with ElevateAI including date/time/location stamps associated with Your use of ElevateAI.

If You have any questions about our Cookie policy, You may contact us via the contact information listed in the Inquiries and Concerns? Section below.

From time to time, NICE may change the terms of this Privacy Notice, including any supplements linked herein. Changes will take effect once they are posted online. If You do not agree with any of the amended terms, You must avoid any further use of ElevateAI.

FOR CURRENT CUSTOMERS – For the avoidance of doubt, if You, Your organization, or its affiliates, have or are entering into a separate agreement with NICE governing the use of NICE products or services, through an underlying Master Relationship Agreement, Master Services Agreement, MPSA, or any other overarching agreement or terms governing the provision of products and services from NICE that are not ElevateAI, to which this Privacy Notice applies (an “Unrelated Agreement”), the terms of such Unrelated Agreement(s) will not govern, and shall be superseded in their entirety by this Privacy Notice, solely with respect to Your use of ElevateAI, unless You and NICE have entered into a fully executed ordering document for ElevateAI expressly providing that this Privacy Notice do not apply. In all other cases, notwithstanding anything contained therein to the contrary the terms of the Unrelated Agreement shall not apply to ElevateAI and this Privacy Notice shall govern Your use of ElevateAI only.

You may contact NICE's Data Protection Office and make the requests permitted pursuant to applicable law by:

You can also learn more about our Elevate AI features and settings, including choices that impact Your privacy or Your end users’ privacy, in the NICE ElevateAI Terms of Use and the relevant Documentation.