Privacy Policy

LAST UPDATED July 2024

This privacy policy (this “Privacy Policy”) explains how Convex Labs Inc. (“Convex”, “we”, “our” or “us”) collects, uses and discloses information related to the Convex website currently located at https://www.convex.com/ and https://convexlabs.io (the “Website”), applications, products, services, tools and features, including our Atlas product (collectively, the “Services”). For the purposes of this Privacy Policy, “you” and “your” means you as the user of the Services, whether you are a customer, website visitor, representative of a company with whom we do business, or another individual whose information we have collected pursuant to this Privacy Policy. By accessing or using our Services, you confirm that you have read, understood and agree to the terms of this Privacy Policy. If you do not agree to the terms of this Privacy Policy, do not access or use the Services.

This Privacy Policy applies when Convex acts as the data controller of your information.  However, this Privacy Policy does not cover information that Convex collects and processes about end users of our entity customers (“Customer Users”) on behalf of such customers, in connection with the services provided by Convex to customers pursuant to an applicable agreement (“Customer User Data”)). Convex processes Customer User Data under the instructions of the relevant customer as the data controller or similar role as defined in applicable privacy laws, as described in the applicable agreement entered into by such customer and Convex.  Convex’s obligations as a “data processor” or “service provider” with respect to such information are defined in such services agreement, and are not made part of this Privacy Policy.  If you are a Customer User and you have questions about how your information is collected and processed through the Convex services, please contact the customer who has provided your information to us for more information.

ACCEPTANCE OF THE PRIVACY POLICY

The Services can only be accessed and used subject to this Convex Privacy Policy. PLEASE READ THIS PRIVACY POLICY CAREFULLY. BY USING THE SERVICES, YOU ACCEPT ALL OF THE TERMS AND CONDITIONS OF THE CONVEX PRIVACY POLICY AND REPRESENT TO US THAT YOU ARE 18 YEARS OF AGE OR OLDER AND ARE LEGALLY COMPETENT TO ENTER INTO AND AGREE TO THE TERMS AND CONDITIONS OF THE PRIVACY POLICY. IF YOU DO NOT ACCEPT THE PRIVACY POLICY, THEN YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE SERVICES.

MODIFICATIONS TO PRIVACY POLICY

We may modify or update the Privacy Policy from time to time. It is your sole responsibility to check the Website from time to time to view any such changes in the Privacy Policy. When we change the Privacy Policy in a material manner, we will notify you either by posting an announcement on our Website, or in another manner as required by law. Your continued use of the Services after any change constitutes your acceptance of the new Privacy Policy. If you do not agree to any of these terms or any future Privacy Policy, do not use or access (or continue to access) the Services.

INFORMATION WE COLLECT

We collect information that you provide us when using the Services, including:

• Your name, email address, company information and other information you choose to include in communications with us, for example, when submitting information using the “Get in Touch” section on the Website; 
• Your account login information, including password and other account credentials; and
• Additional information about you or representatives of companies that you choose to provide us.

You may elect not to provide information to us, but doing so may prevent you from using or accessing certain features of the Services.

We, our service providers, and third-party advertising and analytics partners also automatically collect certain information about your interaction with the Services through the use of cookies and similar technologies, including:

• IP address;
• Unique device identifier;
• Date and time stamps;
• Location information (which includes your precise GPS location only if you choose to permit us to collect this information, and if so, you can subsequently opt out of this collection through your app settings); and 
• Other information regarding your interaction with the Services, such as clickstream data.

Finally, we also collect certain information from outside sources, such as third parties that help us supplement the information you or others have provided, careers websites, references and publicly available sources. 

DO NOT TRACK

Do Not Track (DNT) is a privacy preference that users can set in some web browsers, allowing users to opt out of tracking by websites and online services. At the present time, the World Wide Web Consortium (W3C) has not yet established universal standards for recognizable DNT signals and Convex and the Website do not recognize DNT signals. To learn more about DNT signals, you can visit http://www.allaboutdnt.com/. Please note that Do Not Track is a different mechanism than the legally-recognized browser-based opt out preference signal mentioned below.

USE OF INFORMATION

The information we collect is used in the following ways:

• to respond to your messages and otherwise communicate with you;
• to register you for events;
• to provide, improve and support our products and services, including the Website;
• for internal business analysis or other business purposes consistent with our mission; 
• to tailor features and content to you; 
• to run analytics and better understand user interaction with the Services;
• to provide you with content of interest, including by tailoring the advertisements that are displayed to you to make them more useful and relevant to you;
• to protect the safety of Convex and our customers, including to ensure compliance with our Terms of Service and other policies, block suspected spammers, address abuse, and detect and prevent fraud;
• to facilitate corporate transactions;
• to exercise our rights, defend legal claims and comply with law, legal process and internal policies; and 
• to carry out other purposes that are disclosed to you via the Services.

ONLINE ANALYTICS AND ADVERTISING

As you use our Services, we, our service providers, and ad and analytics partners collect a variety of information through the use of “cookies” and similar technologies, such as tracking pixels, to understand how you navigate through and interact with our Services, to learn what content is popular, to enhance the Services and provide you with a more relevant and personalized experience, for authentication and advertising purposes, to save your preferences, and to collect certain usage and device information, as described above. 

Online Analytics

We may use third-party web analytics services on our Services, such as those of Google Analytics. These service providers use the sort of technology described in the “Information We Collect” section above to help us analyze how users use the Services. The information collected by the technology will be disclosed to or collected directly by these service providers, who use the information to evaluate your use of the Services on our behalf. If you’d like to opt out of Google Analytics, please use the Google Analytics Opt-Out Browser Add-on located here: https://tools.google.com/dlpage/gaoptout.

Tailored Online Advertising

Convex strives to provide you with relevant, tailored advertising regarding our Services. However, we do work with online analytics and advertising partners, such as Google, LinkedIn, Zoominfo, and others to: (1) better understand the use of our Services so that we can improve our Services; and (2) deliver Convex advertisements that are more tailored to you across other third-party services.

To engage in these activities, our partners may place cookies, pixel tags and similar technologies on many online services, including ours. They use these technologies to collect information about your activities on across different online services to deliver you more relevant advertising. For example, they may use the information they collect from their cookies on our Services to identify Convex products and services you might be interested in and to recognize your device so they can show you relevant Convex advertisements while you are using another online service. 

We do not have access to, and this Privacy Policy does not govern, the use of cookies or other tracking technologies that may be placed on devices you use to access our Services by non-affiliated third parties. If you are interested in more information about tailored browser advertising and how you can generally control cookies from being put on your devices to deliver tailored advertising, you may visit the Network Advertising Initiative’s Consumer Opt-Out link or the Digital Advertising Alliance’s Consumer Opt-Out link to opt out of receiving tailored advertising from companies that participate in those programs. For additional ways to opt-out of targeted advertising activities under applicable law, see the “Your Rights” section below.

Please note that these opt-outs apply per browser and per device, so you will have to opt out for each device—and each browser on each device—through which you access our Services.

DISCLOSURES AND TRANSFERS OF INFORMATION

We may need to disclose information about you to in the ordinary course of providing our services, as follows:

• To our third party vendors and service providers who perform services on our behalf, such as those providing cloud storage, website hosting, advertising, analytics and other services;
• With our affiliates or otherwise within our corporate group; 
• When you request us to disclose certain information with third parties, such as through your use of social media widgets or login integrations;
• If the disclosure is to a third party in connection with the sale, transfer, reorganization or similar business transaction involving some or all of Convex or its assets applicable to the Services, and any such acquirer or transferee will have the right to use and disclose such information subject to the terms of this Privacy Policy;
• To comply with applicable law or any obligations thereunder, including in good faith where permitted or required to cooperate with law enforcement, judicial orders, and regulatory inquiries; 
• To enforce any applicable terms of service and ensure the safety and security of Convex and/or its users; and
• With professional advisors, such as auditors, law firms, or accounting firms. 

Prior to disclosing information about you with others, Convex may enter into agreements with such outside parties to whom we are transferring data to provide for the allowable use and security of the transferred information in accordance with this Privacy Policy and applicable law. If Convex becomes aware that any such outside party is improperly using or disclosing information about you, it will notify that outside party and request that it take reasonable steps to cease such use or disclosure.

Please note, we may aggregate and/or de-identify information collected through the Services. To the extent permitted by applicable laws, we may use and disclose de-identified and/or aggregated data for any purpose. For the purposes above, we may also combine the information that we collect through the Services with information that we receive from other sources, both online and offline, and use such combined information in accordance with this Privacy Policy.

INTERNATIONAL USERS

The information we collect may be transferred to and stored in countries outside of the jurisdiction you are in where we and our third-party service providers have operations, including the United States, where the applicable data protection laws may differ from those in your country of residence. By using the Services, you acknowledge that these transfers will occur.

CHILDREN’S PRIVACY

We do not seek or knowingly collect any information about children under 13 years of age. If we become aware that we have unknowingly collected information from a child under the age of 13, we will make commercially reasonable efforts to delete such information from our database. If you are the parent or guardian of a minor child who has provided us with information, you may contact us using the information below to request it be deleted.

CALIFORNIA RESIDENTS 

This section applies to you only if you are a California resident (“resident” or “residents”). For purposes of this section, references to “personal information” shall include “sensitive personal information,” as these terms are defined under the California Consumer Privacy Act (“CCPA”).

Processing of Personal Information

In the preceding 12 months, we collected and (where indicated below) disclosed for a business purpose the following categories of personal information and sensitive personal information (denoted by *) about residents:

Category	Categories of Recipients
Identifiers such as name, address, telephone number, e-mail address and IP address	Data analytics vendors, IT service management vendors, security vendors, and website hosting vendors, business customers
Personal information categories listed in the California Customer Records statute such as name, telephone number and professional information	Data analytics vendors, IT service management vendors, security vendors, and website hosting vendors, business customers
Internet or other similar network activity such as information regarding a resident’s interaction with the Services	Data analytics vendors, IT service management vendors, security vendors, and website hosting vendors
Geolocation data such as a resident’s IP address	Data analytics vendors, IT service management vendors, security vendors, and website hosting vendors
Professional information such as a resident’s company name	Data analytics vendors, IT service management vendors, security vendors, and website hosting vendors, business customers
Account access credentials such as a resident’s log-in to access the Services	IT service management vendors, security vendors, and website hosting vendors
Precise geolocation data*	Data analytics vendors, IT service management vendors, security vendors, and website hosting vendors

The specific business or commercial purposes for which we collect and disclose your personal information and the categories of sources from which we collect your personal information are described in the “Information we Collect” and “Use of Information” sections above. 

Please note, while the CCPA allows you to limit the use or disclosure of your “sensitive personal information,” we only use and disclose sensitive personal information for our legitimate business purposes to provide our Services as permitted by the CCPA, for which you cannot opt out.  We do not sell or share sensitive personal information or use it for other commercial purposes.  If you have given us permission to collect your precise geolocation information through our mobile application, you can turn this collection off through your app settings.

Selling and Sharing of Personal Information 

We do not have actual knowledge that we “sell” or “share” (as those terms are defined under the CCPA and used throughout this section) personal information of residents under 16 years of age. 

We do sell certain categories of personal information and, in the preceding 12 months, we have sold or shared the following categories of personal information about residents in the course of providing our Services:

• Identifiers such as name, address, telephone number, and email address;
• Personal information categories listed in the California Customer Records statute such as name, telephone number and professional information;
• Internet or other similar network activity such as information regarding a resident’s interaction with the Services (including general location information inferred from IP address).

To opt out of our sale/sharing activities, please see the “Your Rights” section below.

Rights Requests Metrics.  Applicable California law requires that we annually provide you with metrics regarding the consumer data requests from California residents we have received and how we have processed them.  This information is available in the following chart:

Metric	2023 Values
Number of requests in the prior calendar year	9,321
Number of requests complied with in whole or part in the prior calendar year	35
Number of requests denied with in whole or part in the prior calendar year	9,286
Median number of days to provide substantive responses	0
Mean number of days to provide substantive responses	2

Retention of Personal Information 

We retain your information for as long as is reasonably necessary for the purposes specified in this Privacy Policy. When determining the length of time to retain your information, we consider various criteria, including whether we need the information to continue to provide you the Services, resolve a dispute, enforce our contractual agreements, prevent harm, promote safety, security and integrity, or protect ourselves, including our rights, property or products.

YOUR RIGHTS 

Depending on where you live, you may have some or all of the rights listed below in relation to information that we have collected about you. However, these rights are not absolute, and in certain cases, we may decline your request as permitted by law. 

• Right to Access/Know. You may have a right to request that we confirm whether we process information about you and give you access to that information. You may also have a right to receive that information in a portable and, to the extent technically feasible, readily usable format that allows you to transmit the information to another business without impediment. If you are a California resident, you have a right to request the following information about our collection, use and disclosure of your information over the prior 12 months:
  • categories of information about you we have collected, disclosed for a business purpose, and sold; 
  • categories of sources from which we collected information about you; 
  • the business or commercial purposes for collecting and selling information about you; 
  • categories of third parties to whom the information about you was disclosed for a business purpose or sold; and 
  • specific pieces of information about you we have collected.  
• Right to Delete. You may have a right to request that we delete information we maintain about you. 
• Right to Correct. You may have a right to request that we correct inaccurate information we maintain about you.
• Right to Opt-Out of Selling/Sharing of Information for Targeted Advertising. You may have a right to opt-out of the “sale” of your information or “sharing” or “processing” of your information for purposes of online targeted advertising (as such terms are defined under applicable law). To exercise this right, please use the following form: Do Not Sell My Personal Information. To opt out of our “sale” and “sharing” activities that are cookie-based, please see the “Online Analytics and Advertising” section above for how to manage cookies.  Please note that if you have a legally-recognized browser-based opt out preference signal turned on via your device browser, we recognize such preference in accordance with applicable law. 

You may exercise any of these rights by contacting us using the information provided below.  We will not discriminate against you for exercising any of these rights. We may ask you to provide us with information necessary to reasonably verify your identity before responding to your request. Depending on your location, you may designate, in writing or through a power of attorney document, an authorized agent to make requests on your behalf to exercise your rights. Before accepting such a request from an agent, we will require that the agent provide proof you have authorized them to act on your behalf, and we may need you to verify your identity directly with us. 

In addition, where applicable, we will provide you with more information about our appeal process. When you submit a request or launch an appeal, we will limit our collection of your information to only what is necessary to securely fulfill your request or process your appeal. We will not require you or your authorized agent to pay a fee for the verification of your request or appeal. 

As mentioned above, if you are a Customer User and your information has been collected by us as a result of a customer’s use of the Services pursuant to an agreement between us and the customer, we collect and process any information of yours under the directions of the relevant customer (who is the data controller). If these circumstances apply to you and you wish to access, edit, delete or exercise any rights you may have under applicable data protection laws with respect to any information that we have collected about you, please direct your query to the relevant customer, as this may expedite the completion of your request. We nevertheless provide reasonable assistance to our customers to give effect to data subject rights as appropriate and required by applicable laws. 

SECURITY

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.” 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. 

CONTACTING US

If you have any questions or requests with respect to this Privacy Policy, please contact us at support@convexlabs.io, (408) 692-0852 (9am-5pm PT M-F)or through the following link: https://www.convex.com/request-removal/.