LEGAL

Privacy Policy

Last updated Sun Dec 03 2023

This Privacy Policy for Potato Labs Pty Ltd, Telescope Labs LLC and our subsidiaries and affiliates (collectively, “Telescope AI”, “Company”, “we”, “us” “our”) describes how we collect, use and disclose information about users of the Company’s website, products, services, tools, applications and features (collectively, the “Services”), telescope.co (“Website”), including platform.telescope.co and any other website that we own or control. For the purposes of this Privacy Policy, “you” and “your” means you as the user of the Services.

Please read this Privacy Policy carefully. By using, accessing, or downloading any of the services, you agree to the collection, use, and disclosure of your information as described in this Privacy Policy. If you do not agree to this Privacy Policy, you may not use, access, or download any of the Services.

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1. Updating this privacy policy

We may modify this Privacy Policy from time to time in which case we will update the “Last Revised” date at the top of this Privacy Policy. If we make material changes to the way in which we use information we collect, we will use reasonable efforts to notify you (such as by emailing you at the last email address you provided us, by posting notice of such changes on the Services, or by other means consistent with applicable law) and will take additional steps as required by applicable law. If you do not agree to any updates to this Privacy Policy please do not access or continue to use the services.

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2. Personal information we collect

We collect personal information relating to you (“Personal Information”) as follows:

Personal Information You Provide: We collect Personal Information if you create an account to use our Services or communicate with us as follows:

Account Information: When you create an account with us, we will collect information associated with your account, including your name, contact information, account credentials, payment card information, and transaction history, (collectively, “Account Information”). User Content: When you use our Services, we collect Personal Information that is included in the input, file uploads, or feedback that you provide to our Services (“Content”). Communication Information: If you communicate with us, we collect your name, contact information, and the contents of any messages you send (“Communication Information”). Social Media Information: We have pages on social media sites like Instagram, Facebook, Medium, X (formerly Twitter), YouTube and LinkedIn. When you interact with our social media pages, we will collect Personal Information that you elect to provide to us, such as your contact details (collectively, “Social Information”). In addition, the companies that host our social media pages may provide us with aggregate information and analytics about our social media activity. Other Information You Provide: We collect other information that you may provide to us, such as when you participate in our events or surveys or provide us with information to establish your identity (collectively, “Other Information You Provide”

Personal Information We Receive Automatically From Your Use of the Services: When you visit, use, or interact with the Services, we receive the following information about your visit, use, or interactions (“Technical Information”):

Log Data: Information that your browser or device automatically sends when you use our Services. Log data includes your Internet Protocol address, browser type and settings, the date and time of your request, and how you interact with our Services. Usage Data: We may automatically collect information about your use of the Services, such as the types of content that you view or engage with, the features you use and the actions you take, as well as your time zone, country, the dates and times of access, user agent and version, type of computer or mobile device, and your computer connection. Device Information: Includes name of the device, operating system, device identifiers, and browser you are using. Information collected may depend on the type of device you use and its settings. Analytics: We may use a variety of online analytics products that use cookies to help us analyze how users use our Services and enhance your experience when you use the Services. ‍

3. How we use Personal Data

We may use Personal Data for the following purposes:

To provide and maintain our Services; To improve and develop our Services and new features and conduct research; To communicate with you, including to send you information or marketing about our Services and events; To prevent fraud, criminal activity, or misuses of our Services, and to protect the security of our systems and Services; and To comply with legal obligations and to protect the rights, privacy, safety, or property of our users, us, our affiliates, or any third party.

Aggregated or De-Identified Information. We aggregate or de-identify Personal Data so that it can no longer be used to identify you and use this information to analyze the effectiveness of our Services, to improve and add features to our Services, to conduct research and for other similar purposes. In addition, from time to time, we may share or publish aggregated information like general user statistics with third parties. We collect this information through the Services, through cookies, and through other means described in this Privacy Policy. We will maintain and use de-identified information in anonymous or de-identified form and we will not attempt to re-identify the information, unless required by law.

In certain circumstances we may disclose your Personal Data to:

Vendors and Service Providers: To assist us in meeting business operations needs and to perform certain services and functions, we may disclose Personal Data to vendors and service providers, including providers of hosting services, customer service vendors, cloud services, content delivery services, data warehouse services, support and safety monitoring services, email communication software, web analytics services, payment and transaction providers, and other information technology services providers. Pursuant to our instructions, these parties will access, process, or store Personal Data only in the course of performing their duties to us. Business Transfers: If we are involved in strategic transactions, reorganization, bankruptcy, receivership, or transition of service to another provider (collectively, a “Transaction”), your Personal Data and other information may be disclosed in the diligence process with counterparties and others assisting with the Transaction and transferred to a successor or affiliate as part of that Transaction along with other assets. Government Authorities or Other Third Parties: We may share your Personal Data, including information about your interaction with our Services, with government authorities, industry peers, or other third parties in compliance with the law (i) if required to do so by law or in the good faith belief that such action is necessary to comply with a legal obligation, (ii) to protect and defend our rights or property, (iii) if we determine, in our sole discretion, that there is a violation of our terms, policies, or the law; (iv) to detect or prevent fraud or other illegal activity; (v) to protect the safety, security, and integrity of our products, employees, or users, or the public, or (vi) to protect against legal liability. Affiliates: We may disclose Personal Data to our affiliates, meaning an entity that controls, is controlled by, or is under common control with Telescope AI. Our affiliates may use the Personal Data we share in a manner consistent with this Privacy Policy.
Business Account Administrators: When you join the Telescope Platform, the administrator of that account may access and control your Telescope AI account. In addition, if you create an account using an email address belonging to your employer or organization, we may share the fact that you have an account and certain account information, such as your email address, with your employer or organization to, for example, enable you to be added to their business account. ‍

4. Cookies and tracking technologies

Do Not Track Signals

We use cookies to operate and administer our Services, and improve your experience. A “cookie” is a piece of information sent to your browser by a website you visit. You can set your browser to accept all cookies, to reject all cookies, or to notify you whenever a cookie is offered so that you can decide each time whether to accept it. However, refusing a cookie may in some cases preclude you from using, or negatively affect the display or function of, a website or certain areas or features of a website. For more details on cookies, please visit All About Cookies.

Your browser settings may allow you to transmit a “Do Not Track” signal when you visit various websites. Like many websites, the Website is not designed to respond to “Do Not Track” signals received from browsers. To learn more about “Do Not Track” signals, you can visit http://www.allaboutdnt.com/.

Cookies and Other Tracking Technologies

Most browsers accept cookies automatically, but you may be able to control the way in which your devices permit the use of Tracking Technologies. If you so choose, you may block or delete our cookies from your browser; however, blocking or deleting cookies may cause some of the Services to work incorrectly or not function at all.

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5. Links to other websites

We may provide links to third-party websites or other online platforms operated by third parties. If you follow links to sites or interact with features (e.g., applications offered by third parties or social media widgets) not affiliated or controlled by us, you should review their privacy and security policies and other terms and conditions. We do not guarantee and are not responsible for the privacy or security of these sites, including the accuracy, completeness, or reliability of information found on these sites. Information you provide on public or semi-public venues, including information you share on third-party social networking platforms (such as Facebook or X) may also be viewable by other users of the Services and/or users of those third-party online platforms without limitation as to its use by us or by a third party. Our inclusion of such links does not, by itself, imply any endorsement of the content on such platforms or of their owners or operators, except as disclosed on the Services.

6. Children

Children under the age of 13 are not permitted to use the Services, and we do not seek or knowingly collect any personal information about children under 13 years of age. If we become aware that we have unknowingly collected information about a child under 13 years of age, we will make commercially reasonable efforts to delete such information from our database.

If you are the parent or guardian of a child under 13 years of age who has provided us with their personal information, you may contact us using the below information to request that it be deleted.

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7. Data Security and Retention

Please be aware that, despite our reasonable efforts to protect your information, no security measures are perfect or impenetrable, and we cannot guarantee “perfect security.” Please further note that any information you send to us electronically, while using the Services or otherwise interacting with us, may not be secure while in transit. We recommend that you do not use unsecure channels to communicate sensitive or confidential information to us. We’ll retain your Personal Information for only as long as we need in order to provide our Service to you, or for other legitimate business purposes such as resolving disputes, safety and security reasons, or complying with our legal obligations. How long we retain Personal Information will depend on a number of factors, such as the amount, nature, and sensitivity of the information, the potential risk of harm from unauthorized use or disclosure, our purpose for processing the information, and any legal requirements.

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8. European and European And Californian Users

If you are a citizen of the European Union (“EU”) or the state of California, you may have some or all of the following rights with respect to our processing of your personal data:

Updating Your Information. If you would like to update personal information that you have provided to us, you can do so by accessing your Account and editing your profile. Marketing Communications. You can opt-out of receiving marketing communications from us by clicking “unsubscribe” in any marketing email communications we send you, or by sending an email to hello@telescope.co. If you opt out of receiving emails about recommendations or other information we think may interest you, we may still send you emails about any Services you have requested or received from us. Additional Rights for the EEA and Certain Other Territories. If you reside in certain territories (such as the European Economic Area), you may have the right to exercise certain privacy rights available to you under applicable laws. We will process your request in accordance with the GDPR. We may need to retain certain information for record-keeping purposes, legal purposes, and/or to complete transactions that you began prior to requesting any deletion. You can contact our Data Privacy and Protection office by sending an email to legal@telescope.co. Right Not to Provide Consent or to Withdraw Consent. We may seek to rely on your consent in order to process certain personal information and to render the Services. Where we do so, you have the right not to provide your consent or to withdraw your consent at any time. This does not affect any actions based on consent before its withdrawal. Right of Access. You may have the right to access the personal information that we hold about you. Right of Erasure. In certain circumstances, you may have the right to the erasure of personal information that we hold about you (for example if it is no longer necessary for the purposes for which it was originally collected). Right to Object to Processing. You may have the right to request that we stop processing your personal information and/or to stop sending you marketing communications. Right to Correct. You may have the right to require us to correct any inaccurate or incomplete personal information. Right to Restrict Processing. You may have the right to request that we restrict processing of your personal information in certain circumstances (for example, where you believe that the personal information we hold about you is not accurate or lawfully held). Exercise of Rights. If you would like to exercise any of the above rights, please contact legal@telescope.co so that we may consider your request under applicable law. To protect your privacy and security, we may take steps to verify your identity before complying with the request. You also have the right to lodge a complaint to your local data protection authority at: https://edpb.europa.eu/about-edpb/board/members_en ‍

9. Your choices

We may send periodic informational emails to you. You may opt out of such communications by following the opt-out instructions contained in the email. If you opt out of receiving emails about recommendations or other information we think may interest you, we may still send you emails about any Services you have requested or received from us.

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In addition to the other disclosures in this Policy, we make the following express disclosures in accordance with the GDPR and hereby notify you of your rights:

Right to Access - The right to be provided with a copy of your personal information (the right of access) Right to Rectification - The right to require us to correct any mistakes in your personal information Right to be Forgotten - The right to require us to delete your personal information—in certain situations Right to Restriction of Processing - The right to require us to restrict processing of your personal information—in certain circumstances, e.g. if you contest the accuracy of the data Right to Data Portability - The right to receive the personal information you provided to us, in a structured, commonly used and machine-readable format and/or transmit that data to a third party—in certain situations Right to Object - The right to object: A) at any time to your personal information being processed for direct marketing (including profiling); B) in certain other situations to our continued processing of your personal information, e.g. processing carried out for the purpose of our legitimate interests. Right Not to be Subject to Automated Individual Decision-Making The right not to be subject to a decision based solely on automated processing (including profiling) that produces legal effects concerning you or similarly significantly affects you For further information on each of those rights, including the circumstances in which they apply, see the guidance from the UK Information Commissioner’s Office (ICO) on individual rights under the General Data Protection Regulation

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11. Transferring personal Information out of the EEA

To deliver Services to you and to enable your participation in the Contests, it is sometimes necessary for us to share your personal information outside the European Economic Area (EEA), e.g.:

A. With our offices outside the EEA; B. With your and our service providers located outside the EEA; or C. If you are based outside the EEA. These transfers are subject to special rules under European and UK data protection law. In general non-EEA countries may not have the same data protection laws as the United Kingdom and EEA. We will, however, ensure the transfer complies with data protection law and all personal information will be secure. Our standard practice is to use standard data protection contract clauses that have been approved by the European Commission. To obtain a copy of those clauses please contact us or our Data Protection Officer (see “How To Contact Us” below).

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12. Additional U.S. state disclosures

The following table provides additional information about the categories of Personal Information we collect and how we disclose that information. You can read more about the Personal Information we collect in “Personal information we collect” above, how we use Personal Information in “How we use personal information” above, and how we retain Personal Information in “Data Security and Retention” above.

We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“personal information”). In particular, we collect:

Identifiers - For Example: A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers. Collected? Yes Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)) - For Example: Including but not limited to name, signature, social security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories. Collected? Yes Protected classification characteristics under California or federal law. - For Example: Age (40 years or older), national origin, citizenship, marital status, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information. Collected? No Commercial Information - For Example: Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. Collected? Yes Biometric Data - For Example: An individual’s physiological, biological or behavioral characteristics that can be used singly or in combination with each other or with other identifying data, to establish individual identity. Facial recognition technology collects information from your image capture, including biometric data, and shares this information with us, which assists us to verify your ID. Collected? No Internet or other similar network activity. - For Example: Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement. Collected? Yes Geolocation Data - For Example - Physical location/movement. Collected? Yes Audio/visual data - For Example - Audio, electronic, visual, thermal, olfactory, or similar information. Collected? Yes Professional or employment related information. - For Example - Current or past job history or performance evaluations. Collected? No Non-public education information - (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)). For Example - Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records. Collected? No Inferences drawn from other personal information - Profile reflecting a person’s preferences, characteristics, predispositions, behavior Collected? Yes We implement commercially reasonable technical, administrative, and organizational measures to protect Personal Information both online and offline from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or email transmission is ever fully secure or error free. In particular, email sent to or from us may not be secure. Therefore, you should take special care in deciding what information you send to us via the Service or email. In addition, we are not responsible for circumvention of any privacy settings or security measures contained on the Service, or third-party websites. We’ll retain your Personal Information for only as long as we need in order to provide our Service to you, or for other legitimate business purposes such as resolving disputes, safety and security reasons, or complying with our legal obligations. How long we retain Personal Information will depend on a number of factors, such as the amount, nature, and sensitivity of the information, the potential risk of harm from unauthorized use or disclosure, our purpose for processing the information, and any legal requirements.

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13. HOW TO CONTACT US

Should you have any questions about our privacy practices or this Privacy Policy, please email us at legal@telescope.co or contact us at Telescope Labs LLC, 1321 Upland Dr. PMB 15553, Houston, Texas, 77043. Any inquiries to our Data Protection Officer should be directed to the same mailing and/or email address, with the header ATTN: Data Privacy Officer.

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