Replicant Privacy Policy

Effective Date: September 1, 2023

1.0 Introduction

Replicant is a technology company headquartered in San Francisco, CA, which focuses on providing services to enterprise contact centers.

For more information about our services, please refer to our website:

replicant.com

This Privacy Policy is applicable to Replicant (“we,” “our,” or “us”) as related to our services, which collectively include:

the use of replicant.com (“website”)
the use of the application website replicant.ai (“application”)
social media messages and marketing campaigns and
the use of our products and services.

This Privacy Policy sets out the essential details relating to your personal data relationships with Replicant as:

A website visitor
An end user of the application (“end user”)
A prospective client
A job applicant and
Partners

Clients contract the use of our application and give access to their employees and other third parties, as solely decided by them, by creating users who access the application via their identity provider and unique credentials respectively. The clients’ administrators grant end users roles, which result in different permissions and access rights to the information held in the Client account.

2.0 Personal Information We Collect

Information You Choose to Provide to Us

WHEN

We may ask you to provide personal information when:

You use the website to download articles, data sheets or eBooks.
You request a free trial or demo.
You refer a friend to us.
You connect with us directly via phone calls or video conferencing platforms.
We or Client Account Administrators grant you access to the application.
You or Client Account Administrators upload or enter personal information into the application.
You participate in a marketing or sales promotion.
You attend trade events and other industry networking events.
You register or attend a webinar or other event.
You participate in programs we may offer from time to time.
You participate in chats.
You pay for our services.

If you choose to provide us with a third-party’s personal information (the person’s name, email and company) when taking part in our referral program, you represent that you have the third-party’s permission to do so.

Personal data we collect about you
Collected directly from you when you engage with Replicant and as part of signing up to the Replicant Service
Category	Description
Engagement Data	Personal data that we need to contact and engage with and identify you, that may include first and last name, business email address, phone number and/or company name.
End User Data	Personal data that we need to create your Replicant customer account profile and that enables you to use the Replicant Service, that may include your name, business email address and any comments you make in the application.
Optional Customer Data	We may collect data uploaded by you, your employer or other users of the application that may be required to use Replicant services. We expect all users to follow their organization’s privacy policy and any applicable regulatory requirements when uploading, accessing and using personal information into our application. The data uploaded may include personal information like: Employee names, email addresses and contractual agreements Customer names, phone numbers, physical address and/or email addresses used to provide services within Replicant’s platform.
Personal data collected automatically about your visits to our website(s), application and platform, and through call recordings
Usage, Log, and Device Information	We collect information from your use of or interaction with the Website such as system activity, hardware settings, browser type, browser language, the date and time of your visit, and the referral URL. We monitor user activity in connection with the Website and may collect information about the features you use, the Content you upload, download, share, or access while using the Replicant Service, the Content you access, and any actions taken in connection with the access and use of your Content in the Replicant Service. When you interact with the Product by calling Replicant customers, we also collect your phone number, call duration, call content, call history and other information applicable to the provision of the Replicant Service to our customers.
Information Collected by Cookies and Other Tracking Technologies	A cookie is a small file containing a string of characters that is sent to your computer when you visit a website. When you visit the website again, the cookie allows that site to recognize your browser. Cookies may store user preferences and other information. You can set your browser to refuse all cookies or to indicate when a cookie is being sent. However, some website features or services may not function properly without cookies. We use cookies to understand and save your preferences for future visits and compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future. We may contract with third-party service providers to assist us in better understanding our site visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business.
Phone Calls	All calls which interact with the Replicant Product are recorded by our system and stored. If you discuss personal information during these calls, this information will be recorded.

3.0 How We Use Personal Information

The table below sets out:

our purpose for processing your personal data
our legal justifications (each called a ‘legal basis’) under data protection law, for each purpose
categories of personal data which we use for each purpose. See more about these categories in Section 2 “Personal Information We Collect”

Here is a general explanation of each ‘legal basis’ to help you understand the table:

Performance of a Contract: When it’s necessary for Replicant (or a third party) to process your personal data to:
- comply with obligations under a contract with you. This includes Replicant’s obligations under any contract to provide the Replicant Service to you, or
- verify information before a new contract with you begins.
Legitimate Interest: When Replicant or a third party has an interest in using your personal data in a certain way, which is necessary and justified considering any possible risks to you and other Replicant Service users. For example, using your Usage, Log and Device Information to improve the Replicant Service for all users. Contact us if you want to understand a specific justification.
Consent: When Replicant asks you to actively indicate your agreement to Replicant’s use of your personal data for a certain purpose.
Compliance with Legal Obligations: When Replicant must process your personal data to comply with a law.

Purpose for processing your data	Legal basis that permits the purpose	Categories of personal data used for the purpose
To provide the Replicant Service in accordance with our contract with you. For example, when we use your personal data to: set up an account for you; or personalize your account.	Performance of a Contract	Engagement Data End User Data Usage, Log, and Device Information Phone Calls
Send you technical notices, updates, security alerts, and support and administrative messages	Legitimate Interests	Engagement Data End User Data Usage, Log, and Device Information
Provide and deliver the services and features you request, process, and complete transactions, and send you related information, including purchase confirmations and invoices;	Performance of a Contract Legitimate Interest	Engagement Data End User Data Usage, Log, and Device Information Phone Calls
Respond to your comments, questions, and requests, and provide customer service and support;	Performance of a Contract Legitimate Interest	Engagement Data Usage, Log, and Device Information End User Data
Communicate with you about services, features, surveys, newsletters, offers, promotions, events, and provide other news or information about Replicant and our select partners, and process and deliver survey entries and rewards;	Legitimate Interest (for marketing, promotion and advertising purposes etc. where the law does not require consent). For example, when we use your personal data to tailor advertising to your interests. Consent or marketing or advertising where the law requires us to collect your consent. For example, when we use cookies to understand your interests or the law requires consent for email marketing.	Engagement Data End User Data Usage, Log, and Device Information Phone Calls
Investigate and prevent fraudulent transactions, unauthorized access to the Replicant Service, and other illegal activities, to keep the Replicant Service secure and to detect and prevent fraud. For example, when we analyse Usage Data to check for fraudulent use of the Replicant Service.	Legitimate Interest Our legitimate interests here include protecting the Replicant Service and our users against fraud and other illegal activity.	Engagement Data End User Data Optional Customer Data Usage, Log, and Device Information Information Collected by Cookies and Other Tracking Technologies Phone Calls
Personalize and improve the Replicant Service, and provide content and/or features that match your interests and preferences or otherwise customize your experience on the Replicant Service To evaluate and develop new features, technologies, and improvements to the Replicant Service.	Legitimate Interest Our legitimate interests here include developing and improving products and features for our users.	Engagement Data End User Data Optional Customer Data Usage, Log, and Device Information Information Collected by Cookies and Other Tracking Technologies
To comply with a legal obligation that we are subject to. This might be an obligation under the law of the country / region you are in.	Compliance with legal obligations	Engagement Data End User Data Optional Customer Data Usage, Log, and Device Information Information Collected by Cookies and Other Tracking Technologies Phone Calls
To diagnose, troubleshoot, and fix issues with the Replicant Service.	Performance of a Contract	Engagement Data End User Data Usage, Log, and Device Information
To comply with a request from law enforcement, courts, or other competent authorities.	Compliance with legal obligations, and legitimate interest Our legitimate interests here include assisting law enforcement authorities to prevent or detect serious crime.	Engagement Data End User Data Optional Customer Data Usage, Log, and Device Information Information Collected by Cookies and Other Tracking Technologies Phone Calls
To establish, exercise, or defend legal claims. For example, if we are involved in litigation and we need to provide information to our lawyers in relation to that legal case.	Legitimate Interest Our legitimate interests here include: seeking legal advice protecting ourselves, our users or others in legal proceedings	Engagement Data End User Data Optional Customer Data Usage, Log, and Device Information Information Collected by Cookies and Other Tracking Technologies Phone Calls
In the event that we are involved in a merger, acquisition, restructuring, bankruptcy, or sale of all or some of our assets, we will share your information with the successor entities or new owners in connection with the transaction in accordance with applicable data protection laws.	Legitimate Interest	Engagement Data End User Data Optional Customer Data Usage, Log, and Device Information Information Collected by Cookies and Other Tracking Technologies Phone Calls

Purpose for processing your data

Legal basis that permits the purpose

Categories of personal data used for the purpose

To provide the Replicant Service in accordance with our contract with you.

For example, when we use your personal data to:

set up an account for you; or

personalize your account.

Performance of a Contract

Engagement Data

End User Data

Usage, Log, and Device Information

Phone Calls

Send you technical notices, updates, security alerts, and support and administrative messages

Legitimate Interests

Engagement Data

End User Data

Usage, Log, and Device Information

Provide and deliver the services and features you request, process, and complete transactions, and send you related information, including purchase confirmations and invoices;

Performance of a Contract

Legitimate Interest

Engagement Data

End User Data

Usage, Log, and Device Information

Phone Calls

Respond to your comments, questions, and requests, and provide customer service and support;

Performance of a Contract

Legitimate Interest

Engagement Data

Usage, Log, and Device Information

End User Data

Communicate with you about services, features, surveys, newsletters, offers, promotions, events, and provide other news or information about Replicant and our select partners, and process and deliver survey entries and rewards;

Legitimate Interest (for marketing, promotion and advertising purposes etc. where the law does not require consent).

For example, when we use your personal data to tailor advertising to your interests.

Consent or marketing or advertising where the law requires us to collect your consent.

For example, when we use cookies to understand your interests or the law requires consent for email marketing.

Engagement Data

End User Data

Usage, Log, and Device Information

Phone Calls

Investigate and prevent fraudulent transactions, unauthorized access to the Replicant Service, and other illegal activities, to keep the Replicant Service secure and to detect and prevent fraud.

For example, when we analyse Usage Data to check for fraudulent use of the Replicant Service.

Legitimate Interest

Our legitimate interests here include protecting the Replicant Service and our users against fraud and other illegal activity.

Engagement Data

End User Data

Optional Customer Data

Usage, Log, and Device Information

Information Collected by Cookies and Other Tracking Technologies

Phone Calls

Personalize and improve the Replicant Service, and provide content and/or features that match your interests and preferences or otherwise customize your experience on the Replicant Service

To evaluate and develop new features, technologies, and improvements to the Replicant Service.

Legitimate Interest

Our legitimate interests here include developing and improving products and features for our users.

Engagement Data

End User Data

Optional Customer Data

Usage, Log, and Device Information

Information Collected by Cookies and Other Tracking Technologies

To comply with a legal obligation that we are subject to.

This might be an obligation under the law of the country / region you are in.

Compliance with legal obligations

Engagement Data

End User Data

Optional Customer Data

Usage, Log, and Device Information

Information Collected by Cookies and Other Tracking Technologies

Phone Calls

To diagnose, troubleshoot, and fix issues with the Replicant Service.

Performance of a Contract

Engagement Data

End User Data

Usage, Log, and Device Information

To comply with a request from law enforcement, courts, or other competent authorities.

Compliance with legal obligations, and legitimate interest Our legitimate interests here include assisting law enforcement authorities to prevent or detect serious crime.

Engagement Data

End User Data

Optional Customer Data

Usage, Log, and Device Information

Information Collected by Cookies and Other Tracking Technologies

Phone Calls

To establish, exercise, or defend legal claims.

For example, if we are involved in litigation and we need to provide information to our lawyers in relation to that legal case.

Legitimate Interest

Our legitimate interests here include:

seeking legal advice

protecting ourselves, our users or others in legal proceedings

Engagement Data

End User Data

Optional Customer Data

Usage, Log, and Device Information

Information Collected by Cookies and Other Tracking Technologies

Phone Calls

In the event that we are involved in a merger, acquisition, restructuring, bankruptcy, or sale of all or some of our assets, we will share your information with the successor entities or new owners in connection with the transaction in accordance with applicable data protection laws.

Legitimate Interest

Engagement Data

End User Data

Optional Customer Data

Usage, Log, and Device Information

Information Collected by Cookies and Other Tracking Technologies

Phone Calls

4.0 How We Share Personal Information

Our Application and Services

We will not share personal information about you or any Content with any third parties except as described in this Privacy Policy, or as defined in an agreement with us, in connection with the Replicant Service. For example, we may share personal information about you.

Examples

We use third parties to help us provide our services. They will have access to your information as collected by the website or the application, as reasonably necessary to perform the contracted tasks on our behalf. We sign contractual agreements to obligate them to protect the personal information, only use it to deliver the contracted services to us, prohibit them from selling it and not disclose it without our knowledge and permission.

To Vendors, Consultants, and Other Service Providers: We may share your information with third-party vendors, consultants, and other service providers who are working on our behalf and require access to your information to carry out that work, such as to process billing or as it relates to a Product feature. These service providers are authorized to use your personal information only as necessary to provide services to Replicant.
In Compliance with Laws: We may disclose your information to a third party: (a) if we believe that disclosure is reasonably necessary to comply with any applicable law, regulation, legal process, or governmental request; (b) to enforce our agreements and policies;
(c) to protect the security or integrity of the Replicant Service; (d) to protect Replicant, our customers, or the public from harm or illegal activities; (e) to respond to an emergency which we believe in the good faith requires us to disclose information to assist in preventing the death or serious bodily injury of any person; or (f) as otherwise directed by you.
For Business Transfers: We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company. You may be notified thereafter via email of any such change in ownership or control of your personal information.
As Aggregated and/or Anonymized Data: We may also share aggregated and/or anonymized information with third parties that do not directly identify you.

Subprocessors

Name of Sub-Processor	Nature of services provided by Sub-Processor	Location
Azure	Automated speech recognition service	United States, Canada
Telnyx	Telephony services	United States, Canada
Signalwire	Telephony services	United States, Canada
Twilio	Telephony services	United States, Canada
Splunk	Application log monitoring	United States, Canada
Google Cloud Platform	Application infrastructure (compute, storage, networking), automated speech recognition service	United States, Canada
Looker	Application analytics	United States, Canada

5.0 How We Secure Personal Information

We are committed to protecting the security of all of the personal information we collect and use.

We use a variety of physical, administrative and technical safeguards designed to help protect it from unauthorized access, use and disclosure. We have implemented best-practice standards and controls in compliance with internationally recognized security frameworks. We use encryption technologies to protect data at rest and in transit.

If you have any questions about the security of your personal information, you can contact us at [email protected]

6.0 Transfer To Other Countries

Because of the global nature of our business, Replicant shares personal data internationally with subcontractors (subprocessors) and partners when carrying out the activities described in this Policy. They may process your data in countries whose data protection laws are not considered to be as strong as EU laws or the laws which apply where you live.

For example, they may not give you the same rights over your data.

Whenever we transfer personal data internationally, we use tools to:

make sure the data transfer complies with applicable law; and
help to give your data the same level of protection as it has in the EU

To ensure each data transfer complies with applicable EU legislation, we use the following legal mechanisms:

Standard Contractual Clauses (‘SCCs’). These clauses require the other party to protect your data and to provide you with EU-level rights and protections. For example, we use SCCs to transfer the personal data described in Section 2 “Personal Information We Collect” to our website or platform provider which uses servers in the US. You can exercise your rights under the Standard Contractual Clauses by contacting us or the third party who processes your personal data.

Adequacy Decisions. This means that we transfer personal data to countries outside of the European Economic Area which have adequate laws to protect personal data, as determined by the European Commission. For example, we transfer the personal data described in Section 2 “Personal Information We Collect” to vendors based in the United Kingdom, Canada, Japan, Republic of Korea and Switzerland.

We also identify and use additional protections as appropriate for each data transfer. For example, we use technical protections, such as encryption and pseudonymization.

7.0 Your Rights

We provide the same suite of services to all of our clients and end users worldwide.

We offer the following rights to all individuals regardless of their location or applicable privacy regulations. For personal information we have about you, you can:

Right	Description
Be informed	Be informed of the personal data we process about you and how we process it.
Access	Request access to the personal data we process about you.
Rectification	Request that we amend or update your personal data where it’s inaccurate or incomplete.
Erasure	Request that we erase certain of your personal data. For example, you can ask us to erase personal data: that we no longer need for the purpose it was collected for that we process based on the legal basis of consent, and you withdraw your consent when you object (see section ‘Object’ below) and you make a justified objection, or you object to direct marketing There are situations where Replicant is unable to delete your data, for example when: it’s still necessary to process the data for the purpose we collected it for Replicant’s interest in using the data overrides your interest in having it deleted. For example, where we need the data to protect our services from fraud Replicant has a legal obligation to keep the data, or Replicant needs the data to establish, exercise or defend legal claims. For example, if there’s an unresolved issue relating to your account
Restriction	Request that we stop processing all or some of your personal data. You can do this if: your personal data is inaccurate our processing is unlawful we do not need your information for a specific purpose, or you object to our processing and we are assessing your objection request. See section ‘Object’ below
Object	Object to us processing your personal data. You can do this if:Replicant is processing your personal data on the legal basis of legitimate interests, or Replicant is processing your personal data for tailored advertising.
Data portability	Request a copy of your personal data in electronic format and the right to transmit that personal data for use in another party’s service. You can request us to transmit your data when we are processing your personal data on the legal bases of consent or performance of contract. However Replicant will try to honour any request to the extent possible.
Not be subject to automated decision making	Not be subject to a decision based solely on automated decision making (decisions without human involvement), including profiling, where the decision would have a legal effect on you or produce a similarly significant effect.
Withdrawal of consent	Withdraw your consent to us collecting or using your personal data. You can do this if Replicant is processing your personal data on the legal basis of consent.
Right to lodge a complaint	Contact the relevant data protection supervisory authority about any concerns you may have regarding our data processing.

8.0 How Long We Keep Your Personal Information

We retain information as long as it is necessary to provide the services to you and our clients, subject to any legal obligations to further retain such information.

We may also retain information to comply with the law, prevent fraud, collect fees, resolve disputes, troubleshoot problems, assist with investigations, enforce our Terms of Service and take other actions permitted by law.

The information we retain will be handled following this Privacy Policy.

Information connected to you that is no longer necessary and relevant to provide our services may be de-identified or aggregated with other non-personal data. This information may provide insights that are commercially valuable to Replicant, such as statistics of the use of the services.

9.0 Other Important Information

We process data in the Continental United States and rely on legally-provided mechanisms to lawfully transfer data across borders, such as contracts incorporating data protection and sharing obligations. We provide the capability for the return, transfer and/or disposal of personal data in a secure manner.

We will only collect and process your personal data where we have a lawful reason for its collection.

When you visit our website and provide us with your personal information, we collect and use it with your consent.

As an application end user, you consent to our collection of your personal information when you log in for the first time. However, your employer has control of the account and may upload and share additional personal information. Your employer’s responsibility is to ensure that collecting, using and sharing the personal information uploaded to the application complies with all applicable legislation.

You can review the terms and conditions of use here: www.replicant.com/legal/terms-of-service

Where we rely on your consent to process personal data, you have the right to withdraw or decline your consent at any time. If you have any questions about the lawful bases upon which we collect and use your personal data, please contact us at [email protected].

How to select your communications preferences

You may choose to receive or not receive marketing communications from us. Please click the “Unsubscribe” link in the email we sent you to stop receiving marketing communications.

You may choose which information we collect automatically from your device by controlling cookie settings on your browser.

Even if you opt-out of receiving marketing communications, we may still communicate with you regarding security and privacy issues, servicing your account, fulfilling your requests, or administering any promotion or any program in which you may have elected to participate.

10.0 Contact Information

You may contact us to exercise any of your rights or ask for more information about your personal information and our privacy practices by contacting us at [email protected] or to:

Replicant Solutions, Inc. 1 Letterman Drive #3500 San Francisco, CA, 94129.

Appendix

A.1 For Individuals Based in California

This section provides additional specific information for consumers based in California as required by the California Consumer Privacy Act of 2018 (“CCPA”).

A.1.1 Collection and Use of Personal Information

In the last 12 months, we have collected the following categories of personal information:

Identifiers, such as your name, mailing address, email address, zip code, telephone number or other similar identifiers
California Customer Records (Cal. Civ. Code § 1798.80(e)), such as username and password, company name, job title, business email address and department
Internet or network information, such as your browsing history, log and analytics data, information about the device(s) used to access the services and information regarding your interaction with our websites or services and other usage data
Geolocation data, such as information about your location (at country and city level) collected from your IP address
Sensory Information, the content, audio and video recordings of conference calls between you and us that we record where permitted by you and/or the law
Profession/employment information that you send to us when applying for a position included in your CV and cover letter
Other personal information, such as personal information you provide to us in relation to a survey, comment, question, request, article download or inquiry and any other information you upload to our application

We collect personal information directly from you, from your browser or device when you visit our websites, from third parties that you permit to share your information or from third parties that share public information about you, as stated above.

See the section above, “How We Use Personal Information,” to understand how we use the personal information collected from California consumers.

A.1.2 Recipients of Personal Information

We share personal information with third parties for business purposes. The categories of third parties to whom we disclose your personal information may include: (i) our service providers and advisors, (ii) marketing and strategic partners; (iii) ad networks and advertising partners; (iv) analytics providers; and (v) social networks.

Please see the “How We Share Information” section of the Privacy Policy above for more information.

A.1.3 California Privacy Rights

As a California resident, you may be able to exercise the following rights in relation to the personal information about you that we have collected (subject to certain limitations at law):

The right to know any or all of the following information relating to your personal information that we have collected and disclosed in the last 12 months (upon verification of your identity):
- The specific pieces of personal information we have collected about you
- The categories of personal information we have collected about you
- The categories of sources of the personal information
- The categories of personal information that we have disclosed to third parties for a business purpose, and the categories of recipients to whom this information was disclosed
- The categories of personal information we have sold and the categories of third parties to whom the information was sold, and
- The business or commercial purposes for collecting or selling the personal information.
The right to request deletion of personal information we have collected from you, subject to certain exceptions.
The right to opt-out of personal information sales to third parties now or in the future. However, we do not sell your personal information.

You also have the right to be free of discrimination for exercising these rights.

Please note that if exercising these rights limits our ability to process personal information (such as a deletion request), we may no longer be able to provide you with our products and services or engage with you in the same manner.

A.1.4 How to Exercise Your California Consumer Rights

To exercise your right to know and/or your right to deletion, please submit a request by contacting us at [email protected] or to:

Replicant Solutions, Inc. 1 Letterman Drive #3500 San Francisco, CA, 94129.

We will need to verify your identity before processing your request.

In order to verify your identity, we will generally require sufficient information from you so that we can match it to the information we maintain about you in our systems. Sometimes we may need additional personal information from you to be able to identify you. We will notify you.

We may decline a request to exercise the right to know and/or right to deletion, particularly where we cannot verify your identity or locate your information in our systems or as permitted by law.

You may choose to designate an authorized agent to make a request under the CCPA on your behalf. No information will be disclosed until the authorized agent’s authority has been reviewed and verified. Once an authorized agent has submitted a request, we may require additional information (i.e., written authorization from you) to confirm the authorized agent’s authority.

If you are an employee/former employee of a Replicant client that uses our application and services, please direct your requests and/or questions directly to your employer or former employer.

If you are a third party (auditor, business associate, etc.), who was given access to the Replicant application by a Replicant client, please direct your requests and/or questions directly to the Replicant client that gave you access.

Minors Under Age 16

Our application and services are intended for business use, and we do not expect them to be of any interest to minors. We do not intentionally collect any personal information of consumers below the age of 16. We do not sell the personal information of California consumers.