Privacy Policy

Effective date: April, 28 2023

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At Trugard, Inc. (“Company”, “we” or “us”), we respect your privacy and are committed to protecting it.

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This privacy policy has been drafted to explain how we collect, use, disclose, and protect information that we collect about you and your rights with respect to that information.

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This notice covers information we collect from or about you when you visit our website located at www.trugard.ai and/or use one of our APIs (collectively, the “Services”).

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If in any case our privacy practices differ from those explained in this policy, we will let you know at the time we ask for or collect your information.

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What information we collect

We may collect the following types of information about you, which we have grouped together as follows:

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Identity Information. Examples include first name and last name.
Contact Information. As applicable, examples include email address and telephone numbers.
Financial Information. Examples include payment card details.
Transaction Information. Examples include details about your purchases.
Technical Information. Examples include internet protocol (IP) address, your login information, browser type and version, time zone setting and location, browser plug-in types and versions, mobile applications and web applications (“apps”), operating system and platform, mobile network information, and other technology on the devices and about the devices (including device identification numbers) you use to access the Services. We also collect information about the interaction of your apps, browsers, and devices with the Services, including IP address, crash reports, system activity, and the date, time, and referrer URL of your requests. We may also collect location information.
Profile Information. Examples include your username and password.
Usage Information. Examples include information about how you use the Services, and the activities you perform while using the Services, including about the APIs you use and the contracts you review.

Some of the information we collect about you may be personal information, or personal data, that can be used to identify you including, for example, your name, email address, mailing address or delivery address. In some jurisdictions, certain unique identifiers like IP addresses and other usage or technical information may be considered personal information. Personal information does not include data where your identity has been removed so that we can no longer identify you (anonymous data), which we may use for any purpose.

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Children’s online privacy

The Services are not intended for children under 18 years of age. No one under age 18 may provide any personal information to or on the Services. We do not knowingly collect personal information from children under 18. If you are under 18, do not use or provide any information on the Services. If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us at privacy@trugard.ai.

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How we collect your information

We collect information from and about you in the following ways:

When you provide it to us. You may give us information about you by filling in forms or by communicating with us by email or otherwise. This includes information you provide when you register for an account, place an order, or when you otherwise contact us about our website, products, or services.
From our websites and emails. As you interact with the Services, our website using our cookies, or our emails, we may automatically collect Technical Information about your equipment, browsing actions and patterns. We collect this information by using cookies, server logs, web beacons, and other similar technologies. Our Cookies and automatic data collection technologies section contains more information and options to control or opt-out of certain data collection or uses.
From others. We may receive information about you from third parties including, for example, our affiliated companies, business partners, subcontractors, analytics providers, and service providers. We may also receive information about you from commercially available sources such as data aggregators and public databases.

Cookies and automatic data collection technologies

The Services use automatic data collection technologies to distinguish you from other users. This helps us deliver a better and more personalized service when you browse the Services. It also allows us to improve the Services by enabling us to:

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Estimate our audience size and usage patterns.
Store your preferences so we may customize our websites according to your individual interests.
Speed up your searches.
Recognize you when you return to the Services.

We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). For more information, see the Interest-based advertising section of this privacy notice.

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The technologies we use for this automatic data collection may include:

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Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. For information about managing browser settings to refuse cookies, see Your rights and choices.
Flash Cookies. Certain features of our website may use Flash cookies (local stored objects) instead of browser cookies to collect and store information about your preferences and navigation to, from, and on the Services. For information about managing Flash cookies see Your rights and choices.
Web Beacons. Our website pages, advertisements, and e-mails may contain small transparent embedded images or objects known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count website page visitors or email readers, or to compile other similar statistics such as recording website content popularity or verifying system and server integrity. For information about managing web beacons, see Your rights and choices.

We may use Google Analytics to provide certain analytics services for us. More information about Google Analytics can be found in the Google Analytics Terms of Use and the Google Analytics Privacy Policy.

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We do not respond to or honor “do not track” (a/k/a DNT) signals or similar mechanisms transmitted by web browsers.

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How we use your information

We may use your information to conduct our business operations including for the following purposes:

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To create and manage your account.
To provide you with products and services you request or purchase.
To conduct market research.
To provide you with the information or support that you request from us.
To improve our website, products or services, marketing, customer relationships, and experiences.
To develop new products and services.
To provide you with the information, products, services or support that you request form us or to fulfill any other purpose for which you provide it.
To deliver relevant content, advertisements, and messaging to you and to measure or understand the effectiveness of such content, advertisements, and messaging.
To make suggestions and recommendations to you about our own and third-parties’ products or services that may be of interest to you. If you do not want us to use your information in this way or for more information on how to adjust your preferences, see Your Rights and Choices.
To carry out our obligations and enforce our rights and to protect our websites, customers, and other individuals including to protect against or identify possible fraudulent transactions.
For any other purpose as may be permitted by law or that we describe when you provide the information.

We may use information that is not personal information for any purpose. For example, we may aggregate usage data from many people in a way that does not identify any individuals to calculate the percentage of users accessing a feature on the Services.

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Disclosure of Your Information

We may share non-personal information without restriction. We may share your personal information with:

Any member of our corporate group, which means our subsidiaries, affiliates, our ultimate holding company and its subsidiaries, and affiliates.
To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
To our business partners who provide services on our behalf but who may also use the information we provide for their own commercial purposes. For example, some of our advertising partners may use information to market other parties’ products and service to you. For more information see Interest-based advertising.
To public or government (including enforcement) authorities.
To an actual or prospective buyer or other successor in the event of merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of our assets, where one of the transferred assets is the personal information we hold.
If we offer a co-branded promotion, to our co-sponsor.
To fulfill the purpose for which you provide it.
For any other purpose as may be permitted by law or that we describe when you provide the information.

We may also disclose your personal information:

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To comply with any court order, law, or legal process, including responding to any government or regulatory request.
To enforce our Terms of Use and other agreements with you.
To protect the rights, property, or safety of our business, our employees, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of cybersecurity, fraud protection and credit risk reduction.
To investigate suspected violations of any law, rule or regulation, or the terms or policies for our website.

We may also use your information to contact you about our own and third-parties’ products and services that may be of interest to you. If you do not want us to use your information in this way, please adjust your user preferences in your account profile or opt-out as directed when you receive such an email from us. For more information, see Your rights and choices.

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Interest-based advertising

Some content or applications on the Services, including advertisements, are served by third parties, including advertisers, ad networks, and servers, content partners, or application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use the Services. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content. Our partners may use non-cookie technologies on which browser settings that block cookies might have no effect. Your browser may not permit you to block such technologies.

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For this reason, keep in mind, you can block the collection and use of information related to you by advertising companies for the purpose of serving interest based advertising by visiting the following platforms of self-regulatory programs of which those companies are members:

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The NAI’s opt-out platform is available here.
The DAA’s opt-out platform is available here.
For Canadian residents, you may opt-out here.

Third Party Content, Apps, and Links

Some content or applications on our websites may be served by third parties, content providers and application providers including the following:

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Plugins. The Services make available the option for you to use “plugins” that are operated by social media companies. If you choose to use one of these plugins, then it may collect information about you and send it back to the social media company that owns it. This may happen even if you do not click on the plugin, if you are logged into the social media website that owns the plugin when you visit the Services. Information collected by a plugin is subject to the privacy policy and terms of the social media company that makes it. If you do not want the social media company who owns a plugin to collect information about you when you visit our websites, sign out of the social media network before visiting. By interacting with a plugin when you are on our websites (for example, clicking the Facebook “Like” button), you are intentionally transferring information to that social media company. Further, if you are logged into a social media website when you visit our websites, then you are directing us to share your data with the social media company that owns the plugin.
Third-party links. The Services may contain links to other sites, which we do not control. Those websites have their own privacy policies and terms.

Your Rights and Choices

Your rights may vary depending on where you are located. We have created mechanisms to provide you with the following control over your information.

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Marketing. If you do not want us to use your email address or other contact information to promote or recommend our own products and services, or third parties’ products or services, you can opt-out by checking the relevant box located on the form where we collect your contact information or, if presented with the option to opt-in, do not opt-in. If you have an account with our website, you may be able to log in and check or uncheck relevant boxes. If you do not have an account, you can adjust your preferences by contacting us as set forth below in the Contact Us section. You may also opt-out of further marketing communications by replying to any promotional email we have sent you or following the opt-out links on that message. This opt-out may not apply to information provided to us as a result of a product purchase, warranty registration, product service experience or other transactions.
Accessing, Updating and Deleting Your Information. If you have an account with us, you may have the ability to access your information and make updates to or delete your data. If not, you can contact us as set forth in the Contact Us section below to request access to, correction of, or deletion of personal information that you have provided to us. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or negatively affect the information’s accuracy.
Cookies and Automatic Data Collection Technologies. You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. Flash cookies are not managed by the same browser settings as are used for browser cookies. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. However, if you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly. If you do not want Google Analytics to be used in your browser, Google Analytics provides an opt-out tool which can be found here. In some cases, you may be able to set your browser or email program to not download web beacons.
Interest Based Advertising. Please see Interest-based advertising above for information on how to opt-out of interest-based advertising.

Data Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of the Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

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Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to the Services. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

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California and Nevada privacy rights

California's “Shine the Light” law (Civil Code Section § 1798.83) permits users of the Services that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to privacy@trugard.ai.

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Nevada residents have the right to opt out of the sale of certain “covered information” collected by operators of websites or online services. We currently do not sell covered information, as “sale” is defined by such law, and we do not have plans to sell this information.

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EU-UK Privacy Rights

If you are in the European Union, European Economic Area, United Kingdom, or are otherwise subject to the General Data Protection Regulation, then this section of our privacy notice applies to you.

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Data controller

The data controller of such processing is Trugard, Inc.

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Additional information about data we collect about you

We do not collect any special categories of personal data about you, including details about your race, ethnicity, religious or philosophical opinions, trade union membership, information about your health, genetic data, biometric data, or criminal conviction and criminal offense data.

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Lawful basis

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

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Where we need to perform the contract, we are about to enter into, or have entered into with you.
Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests, potentially including uses such as determining the success of our services and for determining marketing performance to share relevant information and offers about our products with clients and potential clients.
Where we need to comply with a legal obligation.

Generally, we do not rely on consent as a legal basis for processing your personal data although we will get your consent before sending third party direct marketing communications to you. You have the right to withdraw consent to marketing at any time by contacting us.

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Your data subject rights

Data subjects have the right, at any time, to request access to, rectification or erasure of his/her personal data, or restriction or objection to processing, as well as the right to data portability, or to withdraw the consent given by addressing a written communication by sending an e-mail to: privacy@trugard.ai to the attention of the privacy officer, providing a copy of your identity document, or any document proving your identity.

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We reserve the right to verify the truthfulness of personal data provided at any time.

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We do not use any type of automated process for profiling purposes.

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Data retention

We will only retain your personal data for as long as reasonably necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

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To determine the appropriate retention period for personal information, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements. In any event, we do not intend to hold the data for more than five years.

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Transfer of Data

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Your personal data may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.

If you are located in the EU, EEA, or UK and choose to provide information to us, please note that we transfer the data, including personal information, to United States and process it there.

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Your consent to this privacy policy followed by your submission of such information represents your agreement to that transfer.

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We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy and no transfer of your personal information will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.

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Canada privacy rights

We comply with applicable Canadian privacy laws and regulations, including the Personal Information Protection and Electronic Documents Act (PIPEDA), in connection with processing Canadian personal information.

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We will only use your personal information for the purposes described in this privacy policy unless (1) we have obtained your consent to use it for other purposes; or (2) we are otherwise permitted or required by applicable law to use it for such other purposes.

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Transferring your personal information outside of Canada

We may transfer personal information that we collect, or that you provide, to third parties (including affiliates, service providers and others) as described in the How We Use Your Information and Disclosure of Your Information sections above.

We may process, store, and transfer your personal information in and to a foreign country, with different privacy laws that may or may not be as comprehensive as Canadian law, such as to the United States. In these circumstances, the governments, courts, law enforcement, or regulatory agencies of that country may be able to obtain access to your personal information through the laws of the foreign country.

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You are welcome to contact us if you have questions regarding the collection, use, disclosure or storage of personal information by our service providers and affiliates outside Canada, and/or to obtain access to written information about our policies and practices with respect to service providers (including affiliates) outside Canada.

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For questions about our privacy practices, please contact privacy@trugard.ai. as directed in the Contact Us section of this policy.

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Data Retention

Your personal information will be kept in the United States and accessible to our employees and service providers who have a “need to know” such information for the purposes described in this privacy policy.

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Except as otherwise permitted or required by applicable law or regulation, we will only retain your personal information for as long as necessary to fulfill the purposes for which we collected it, and/or for the purposes of satisfying any legal, accounting, or reporting requirements. Under some circumstances we may anonymize your personal information so that it can no longer be associated with you, either directly or indirectly, alone or in combination with any other information. We reserve the right to use such anonymous and de-identified data for any legitimate business purpose without further notice to you or your consent.

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Accessing and correcting your personal information

By law you have the right to request access to and to correct or rectify the personal information that we hold about you, subject to certain exceptions as required or permitted by applicable law.

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If you want to access, review, verify, correct, rectify, update, or withdraw consent to the collection, use or disclosure of your personal information you may also contact us as directed in the Contact Us section of this notice to make such a request.

We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

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We may request specific information from you to help us confirm your identity and your right to access, and to provide you with the personal information that we hold about you or make your requested changes. Applicable law may allow or require us to refuse to provide you with access to some or all the personal information that we hold about you, or we may have destroyed, erased, or made your personal information anonymous in accordance with our record retention obligations and practices. If we cannot provide you with access to your personal information, we will inform you of the reasons, subject to any legal or regulatory restrictions.

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We will provide access to your personal information, subject to exceptions set out in applicable privacy legislation. Examples of such exceptions may include (without limitation):

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Information protected by solicitor-client privilege.
Information that is part of a formal dispute resolution process.
Information that would reveal the personal information or confidential commercial information of another person.
Information that is prohibitively expensive to provide.

If you are concerned about our response or would like to correct the information provided, you may contact us as described in the Contact Us section of this Privacy Notice.

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Changes to our privacy notice

We will post any changes we may make to our privacy policy on this page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for periodically visiting the Services and this page to check for any changes.

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Contact Us

If you have any comments or questions about our privacy policy, reach out to us by emailing us at privacy@trugard.ai.

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Privacy policy