Privacy Policy
Last updated on July 2024
Davinci (“Kili Technology Inc.”, “Kili Technology Incorporated”, “Davinci”, “we,” “us” or “our”) takes seriously its obligation to protect the privacy of your (“your”, you” or “Customer”) personal data.
Your personal data will be treated in a secure and confidential manner in compliance with all applicable laws and regulations. When you use Davinci Websites and Services (as defined below), we receive information that may directly or indirectly identify you(“personal data”).
In this Privacy Policy we will explain:
● What types of personal data Davinci collects and how it is used.
● The purposes for which Davinci collects your personal data and the
legal basis for such processing.
● How long Davinci retains your personal data.
● How and when Davinci shares your personal data with others.
● How Davinci protects your personal data.
● What choices and rights are available to you regarding your personal data, including how to access and update your personal data.
● How to update your communication preferences.
WHO ARE WE?
- Entity: Kili Technology Incorporated
- Brand: davinci
- HQ Address: 1411 Broadway, 16th floor New York, NY 10018 County: Manhattan
- EIN (Employer Identification Number): 87-2956383 State of Incorporation: Delaware
- Contact: team.us@kili-technology.com
CONTACT INFORMATION
If you have any questions regarding this Privacy Policy or our privacy practices, would like to exercise your personal data rights under applicable laws, or believe your privacy rights have been violated and would like to file a complaint, please contact Davinci by e-mail at dpo@kili-technology.com.
WHAT TYPES OF PERSONAL DATA DOES DAVINCI COLLECT?
Personal data is any information relating to a natural person from which that person can be identified, directly or indirectly, such as his or her first and last name, e-mail address or telephone number. We collect and process the personal data you directly provide to us when:
● You fill in forms on our Websites, subscribe to our newsletter, create an account, ask for a demo, etc.
● You contact our customer service directly, by telephone, e-mail, post or via our online chat.
● You use our Services.
● You browse our Websites.
To the extent allowed by law, we may also receive your personal data from third-party sources notably our partners, for instance (i) data brokers who have collected your personal data in compliance with applicable data protection laws and regulations, (ii) other business partners who refer to us potential clients in compliance with applicable data protection laws and regulations, and (iii) publicly-available sources or data in the public domain in compliance
with applicable data protection laws and regulations. We may associate this information with personal data we already have about you (“data supplementation”). This information helps us to improve our Websites, to deliver better and more personalized Services, to update, expand, and analyze our records, identify new
customers, and provide products and services that may be of interest to you.
Examples of the types of personal information that may be obtained from public sources or purchased from third-parties such as social networking sites may include contact information about you to verify your e-mail address or phone number so we can properly communicate with you.
In the course of our business, we collect and process personal data such as:
● Your contact details for instance, your name (first name, last name), e-mail address,company name, and telephone number, (i) that you provide on our Websites by filling in forms, creating an account, or subscribing to our newsletter, (ii) that you communicate to us during corporate events, conferences, etc., or (iii) that you communicate to our business partners.
● Information about your Internet connection, the equipment you use to access our
Websites, and your use of our Websites, notably your Internet Protocol (IP) addresses, your Internet Service Provider (ISP), your browser type, referring/exit pages, your operating system, date/time stamp, and/or browsing actions and browsing patterns.
● Records and copies of our correspondence, if you contact us.
● Your responses to surveys that we might ask you to complete.
HOW DOES DAVINCI USE MY PERSONAL DATA?
Davinci uses your personal data in the following ways:
● To ensure the smooth running of our precontractual relationship (answer your queries, book a demo, start a free trial, etc.).
● For marketing purposes, to send you our newsletter when you sign up to it and express your consent to the use of your e-mail address or other contact details to keep you up to date with our latest news, promotions and Davinci community activities, or to display advertising or personalized content when your express your consent for such use.
● Based on the contract you entered with us, to provide our Services, enforce our rights, including for billing and collection, provide you with notices about your account and/or subscription, including expiration and renewal notices.
● For the following purposes based on our legitimate commercial interest:
o To monitor service quality and compliance, provide training for our staff and customer service representatives.
o To check the accuracy of the information you provide us and prevent fraud.
o To present our Websites and their contents to you.
o To improve the functionalities of Davinci products and services.
● To comply with our legal or regulatory obligations.
HOW LONG DOES DAVINCI KEEP MY PERSONAL DATA?
Davinci retains your personal data for a period of time consistent with the original purpose of collection.
For instance, Davinci shall only retain your personal data for the following periods:
● For prospects (for example, users who have booked a demo), your contact information is stored in an active data base for a period of 3 years from your last activity (for example, an incoming call or a click in an e-mail) or until you request that your personal data be deleted, whichever is soonest. You can unsubscribe from our e-mails at any time by clicking on the unsubscribe link at the bottom of each email.
● For customers (using our Services): until the end of our contractual relationship and, in any case, three (3) years from the date of your last contact with us.
● For users of our Websites: navigation data on our Websites is stored for a 25-month period.
At the end of the periods mentioned above, some of your personal data will be archived, in a dedicated archive with restricted access, in compliance with our legal obligations and to defend our rights and interests in court, for the following periods:
● Ten (10) years from the end of the accounting period for data kept for accounting purposes, as well as for commercial documents (invoices, purchase orders, commercial correspondence, etc.).
● In the event of pre-litigation, until the dispute is settled out of court or, failing that, as soon as the corresponding legal action becomes time-barred, it being specified that the common law limitation period in civil and commercial matters is five (5) years.
● At the end of a dispute, until the ordinary and extraordinary remedies are no longer available against the decision rendered.
● At the end of this additional period, your remaining personal data will be permanently deleted from our systems or anonymized.
WHEN AND HOW DOES DAVINCI SHARE MY PERSONAL DATA WITH OTHERS?
Davinci does not rent or sell your personal data to any third parties.
We may share your personal data as follows based on our legitimate commercial interests, your consent, or legal obligations that require us to share such information:
● To our subsidiaries and affiliates for the purposes outlined in this Privacy Policy.
● To contractors, service providers, and other third-parties we use to support our business. These entities are bound by contractual obligations to keep personal information confidential and can use it only for the purposes for which we disclose the information to them.
● To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Davinci’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal data held by
Davinci about our Websites users is among the assets transferred. You will be notified via e-mail and/or a prominent notice on our Websites of any change in ownership or uses of your personal data, as well as any choices you may have regarding your personal data.
● To comply with any court order, law, or legal process (such as a subpoena), to investigate fraud, including responding to any government or regulatory request, lawful requests by public authorities, or to meet national security or law enforcement requirements.
● If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Davinci, our subscribers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
Davinci partners with third-parties that serve content or applications. These partners, including (i) third-parties that either display advertising on our Websites or manage our advertising on other sites and (ii) applications providers such as Github, may collect your information as you interact with them through our Websites.
You may login to our Websites using a sign-in service such as your your Google profile. These services authenticate your identity and provide you the option to share certain personal information with us such as your name and e-mail address to pre-populate our sign-in form and collection of your personal information may occur as a result of login to our Websites using these sign-in services.
From time to time, we may include links to other websites whose privacy practices may differ from ours. If you submit personal data to any of those sites, your data will be governed by such third-party’s privacy policies. Please carefully read the privacy policy of any website you visit.
HOW DOES DAVINCI KEEP MY DATA SECURE?
Davinci will maintain appropriate technical and organizational security measures designed to protect your personal data from accidental loss, unauthorized use, alteration, or disclosure. Although we implement and maintain security measures that are appropriate for our business activities, please be aware that no security measures are perfect or impenetrable.
You must also make sure that your information is safe and secure. We are not responsible if you circumvent any privacy settings or security measures on our Websites. You remain responsible for keeping your personal credentials, passwords, PIN codes, recovery phrases confidential and secure.
WHAT CHOICES AND RIGHTS ARE AVAILABLE TO ME REGARDING THE USEOF MY PERSONAL DATA?
Right to access or rectify your personal data
You have the right to access and correct your personal data. If you want to review or correct your personal data, you can login to the appropriate Website and visit your account profile page, typically designated as “My Account”, or contact us through the Support Center, or you may send us an e-mail at the address noted in the Contact Information section above.
Right to erase your personal data (“Right to be forgotten”)
You have the right to request deletion of personal data we hold about you and we have the obligation to erase your personal data, where:
● the personal data is no longer necessary in relation to the purposes for which it was collected or otherwise processed,
● you withdraw consent on which the processing is based and where there is no other legal ground for the processing,
● you object to the processing and there are no overriding legitimate grounds for the processing,
● the personal data has been unlawfully processed, or
● the personal data has to be erased for compliance with a legal obligation in the European Union or a Member State law to which Davinci is subject.
If you want to request removal of your personal information from our Websites or Services, you can login to the appropriate Website or Service and contact us through the Support Center, or you may send us an e-mail at the address noted in the Contact Information section above. You can also request that your account be deleted. We will respond to your request within 30 days.
Right to data portability
You have the right to receive or transfer a copy of your personal data, where:
● we are relying upon your consent or the fact that the processing is necessary for the performance of a contract to which you are party as the legal basis for the processing, and
● personal data is processed by automatic means.
This copy will be provided to you in a common machine-readable format. You may also require us to transmit it to another party where this is technically feasible.
If you want to request a copy of your personal data, you can login to the appropriate Website or Service and contact us through the Support Center, or you may send us an email at the address noted in the Contact Information section above.
Right to restrict the processing of your personal data
You have the right to request the restriction of processing of your personal data, where:
● you contest the accuracy of the personal data until we take sufficient steps to correct or verify its accuracy,
● where the processing is unlawful but you do not want us to erase the personal data,
● where we no longer need the personal data for the purposes of the processing, but you require the data for the establishment, exercise or defense of legal claims, or
● where you have objected to processing justified on legitimate interest grounds (see
below) pending verification as to whether Davinci has compelling
legitimate grounds to continue processing.
When you restrict the processing of your personal data in this way, with the exception of storage, we only process it with your consent or for the establishment, exercise, or defense of legal claims.
If you want to request restriction of processing of your personal data, you can login to the appropriate Website or Service and contact us through the Support Center, or you may send us an email at the address noted in the Contact Information section above.
Right to object to processing of your personal data
Where we are relying upon our legitimate interest to process your personal data, you have the right to object to such processing on grounds relating to your particular situation. If you object, we must stop that processing unless we can either demonstrate compelling legitimate grounds for the processing that override your interests, rights and freedoms or we need to process your personal data for the establishment, exercise, or defense of legal claims.
If you want to object to the processing of your personal data, you can login to the appropriate Website or Service and contact us through the Support Center, or you may send us an e-mail at the address noted in the Contact Information section above.
Right to be informed of the appropriate safeguards where your personal data are transferred to a third country or to an international organization
Personal data that we collect from you may be stored and processed in, and transferred to, countries outside the European Economic Area (EEA). For example, this could happen if our servers are located in a country outside the EEA or if one of our service providers is located in a country outside the EEA. These countries may not have data protection laws equivalent to those in force in the EEA.
If we transfer personal data outside the EEA this way, we will take the necessary steps to ensure that your personal data continues to be protected in compliance with the applicable laws and regulations, notably by only transferring your personal data to businesses established in countries recognized by the European Commission as providing an adequate level of protection for your personal data or to organizations with whom we have entered into contractual arrangements to ensure an appropriate protection of your personal data, including the European Commission standard contractual clauses or that commit themselves to applying a code of conduct or a certification mechanism validated by the competent European authorities.
For more information on the safeguards put in place, please contact us.
Right to withdraw consent
Where you have provided us with your consent to process your personal data, you have the right to withdraw such consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal.
You can do this by:
● logging into the appropriate Website or Service and contacting us through the Support Center,
● following the unsubscribe instructions included in our e-mails,
● sending us an e-mail at the address noted in the Contact Information section above.
Right to set guidelines regarding the fate of your personal data in the event of death
In certain cases, notably when you live in France, you also have the right to set general or specific guidelines regarding the fate of your personal data in the event of death and to change them at any time.
Right to submit complaints
In the absence of a response from Davinci or if you are not satisfied by our response or at any moment, you have the ability to lodge a complaint before the CNIL (the French data protection authority) or with the supervisory authority of the Member State of the European Union of your country of residence.
MODIFICATIONS
Davinci reserves the right to modify this Privacy Policy at any time to ensure transparency on all processing operations relating to your personal data in real-time. It is our policy to post any changes we make to this Privacy Policy on this page and the changes will be effective upon Davinci’s publication of the updated Privacy Policy.
Therefore, we recommend that you read this Policy regularly.
Your continued use of the Websites and the Services expressly indicates your acceptance of Davinci’s then-current Privacy Policy and your consent to Davinci’s processing of your personal data in accordance with the then-current Privacy Policy.
MISCELLANEOUS
If a court or competent authority considers that any provision of this Privacy Policy (or any part thereof) is invalid, illegal or unenforceable, that provision or relevant part of the provision will, to the extent required, be deemed to be deleted. The validity and enforceability of the other provisions of this Privacy Policy will not be affected.
Unless otherwise agreed, no delay, act or omission by a party in exercising a right or remedy will be deemed a waiver of such right, or of another right or remedy.
This Privacy Policy is governed by and interpreted according to French law. Any dispute arising out of this Privacy Policy will be subject to the exclusive jurisdiction of the French courts.