PRIVACY NOTICE

nice elevateai privacy notice 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 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 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 customer faq what kinds of data does nice collect? what kinds of data does nice collect? how does nice use my content? how does nice use my content? how does nice store and destroy my content? how does nice store and destroy my content? does nice return my content to m does nice return my content to m e? how does nice comply with eu gdpr or uk gdpr? how does nice comply with eu gdpr or uk gdpr? how does nice comply with ccpa? how does nice comply with ccpa? how does nice comply with do not track laws? how does nice comply with do not track laws? data nice collects the following describes what data may be collected through elevateai, based upon the choices the user (you) makes, including product settings first and last name, your contact information (e g , email, postal address, and phone number), job title, company name, country, and other similar contact data; credentials (e g , passwords, password hints, and similar types of information used for authentication and account access); billing and payment information; language preferences; licensing, interaction, and usage data (e g , licensing, usage tracking, consumption tracking, settings, device configurations, time logs, ip addresses through which you access elevateai, device identifiers) error reports and performance data (e g , details typically contained in crash or error reports, latency analysis; content; and cookies, web beacons, log files, (“ cookie(s) ” refer to small text files stored in your web browser that allows nice or a third party to recognize you ) how we use data 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 for any purpose specified in this privacy notice and/or in our nice elevateai terms of use ; to communicate with the user (you); as necessary for technical, administrative or security reasons; to improve performance of elevateai; to prevent, detect and fight fraud, security threats, or other illegal or unauthorized activities; to ensure legal compliance with legal requirements that apply to both nice and the user (you); to ensure compliance with the nice elevateai terms of use that apply to both nice and the user (you); to create resulting information; for the purposes described under the sections titled sharing of information with third parties and cookies policy, both below; as permitted by applicable law; to fulfill any legal obligation, including as necessary to comply with applicable laws, regulations, legal processes, or government requests; to bill and collect fees, and/or for payment due diligence; performance of a contract to which nice and/or the user (you) are parties; or based upon the user's (your) instructions or consent how we share data with third parties 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 where nice reasonably believes that you have breached the nice elevateai terms of use , or performed any act or omission that nice reasonably believes to be violating any applicable law, rules, or regulations, in which case nice may share your data with law enforcement and other competent authorities and with any third party that may consult nice or assist nice in connection with any such breach, as may be required to handle any result of your wrongdoing; including without limitation, in order to contain, remediate, prevent, investigate any such breach, and/or establish or exercise any of nice’s legal rights; as permitted or required by, or in response to lawful requests by applicable local law enforcement agencies or regulatory agencies, or agencies with responsibility to oversee and enforce national security; in any case of dispute, or legal proceeding of any kind between the user (you) and nice, or between the user (you) and other users or third parties; in any case where nice may reasonably believe that sharing information is necessary to prevent serious damage to you or to your property or to any third party or their property; to transfer or share anonymous, statistic or aggregative information with companies or organizations connected to nice, and with suppliers, business partners, advertisers, and every third party, according to nice's absolute discretion if nice organizes the operation of elevateai within a different framework, or through another legal structure or entity, or if nice is acquired by, or merged with another entity, provided however, that those entities agree to be bound by the provisions of this privacy notice; to nice affiliates, for the purpose of assisting in the processing activities detailed herein or if such nice affiliate is the best suited to handle your enquiry; and with nice service providers for the purpose of helping nice execute certain tasks outsourced to them, or providing capabilities nice requires, including (1) email service providers for email campaign management, and to email you on behalf of nice, with the express provision that their use of such information must comply with our instructions; (2) registration management for events; (3) billing, processing payments, marketing automation, nice advertisements on social media, crm platform, analytics tools providers, web page building tools, cloud services, support and maintenance operation tools 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 the user's (your) personal information for any purpose other than as described in this privacy notice and the nice elevateai terms of use links to third party sites 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 users (you) to be aware when you leave our site and to read the privacy statements of each and every website that collects personally identifiable information this privacy statement applies only to information collected by elevateai joint controllership 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 users (you) upon request where we keep data, data transfers, and global processing 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 nice affiliates for operational, administrative and compliance purposes; by nice and its affiliates’ sales, business partners, operational or customer support teams in our various locations, as detailed in elevateai; and by our service providers, for the purposes we specified above under the section “how we share information with third parties” 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 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 ccpa and do not track supplement for more details how to access and control your data elevateai specific data settings 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 retention practices data will be retained in accordance with the elevateai specific data settings elevateai will also retain and use data as necessary to comply with our legal obligations, to resolve disputes, and to enforce our agreements children's privacy nice does not knowingly permit access to elevateai by – 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 (pii) via elevateai without his/her consent, then he or she should contact nice at the information described below to have such information deleted from our files 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 how we protect data nice implements data security systems and procedures to secure elevateai and information stored therein; an overview of these 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 policies 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 ccookies placed by other companies are sometimes called "third party cookies " elevateai 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 essential cookies these first party cookies allow users to use a feature of elevateai such as (i) staying logged in, or (ii) making purchases analytics cookies these cookies track information about how elevateai is being used so that we can make improvements and report on our performance we may also use analytics cookies to test new ads, pages or features to see how users react to them analytics cookies may either be first party or third party cookies preference cookies these first party cookies store your elevateai preferences ad targeting cookies these third party cookies (also known as "behavioral" or "targeted" advertising) are placed by advertising platforms or networks in order to (i) deliver ads and tracks ad performance, and (ii) enable advertising networks to deliver ads that may be relevant based upon your activities email cookies 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 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 across 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, as outlined in its privacy policy cookie settings 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 web beacons 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 interest based advertising we engage in interest based advertising in order to deliver advertisements and personalized content that we believe will be of interest to users (you) advertisements, emails, and other messages may be delivered to users (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 clicking on our paid ads in google or other social networks in addition, nice 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 log files 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, please contact us using the contact information listed in the inquiries and concerns section below changes to, and conflicts with, this privacy notice 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 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 inquiries or concerns? contact nice's data protection office and make the requests permitted pursuant to applicable law by sending an email to privacy\@nice com calling +1 877 718 4382 sending your request via https //info nice com/consumer privacy html https //info nice com/consumer privacy html you can also learn more about our elevateai features and settings, including choices that impact your privacy or your end users’ privacy, in the nice elevateai terms of use nice elevateai terms of use and the relevant documentation