Legal Docs
Last Updated June 3, 2019
Privacy Policy
Appdiff, Inc. doing business as test.ai (“test.ai”) takes your privacy seriously. We recognize that privacy is an important issue, so we design and operate our websites and services with the protection of your privacy in mind. This Privacy Policy (this “Privacy Policy”) describes the collection of your Personal Data by test.ai from our websites located at https://test.ai and https://www.appdiff.com, including without limitation all sub-domains thereof on which this Privacy Policy is posted (collectively, the “Sites”) and through your use of our products and services made available through the Sites (the “Services”). This Privacy Policy also describes our use and disclosure of your Personal Data.
By accessing the Sites or using the Services, you consent to the collection, use, and disclosure of your Personal Data in accordance with this Privacy Policy. The terms “test.ai,” “we,” “our,” and “us” refer to test.ai. The terms “you” and “your” refer to the user accessing or using the Sites or the Services.
The term “Personal Data” as used in this Privacy Policy refers to personally identifiable information that specifically identifies an individual (such as an individual’s first and last name, address, telephone number, e- mail address, credit card or other account number), and information about that individual or such individual’s activities or preferences when such information is directly linked to personally identifying information. Personal Data does not include aggregated information or other non-personally identifiable information. Aggregate information is data we collect about a group or category of users that is not personally identifiable or from which individual identities are removed and combined with others. We may collect, use and disclose aggregate information, and other non-personally identifiable information, for various purposes.
COLLECTION OF PERSONAL DATA.
We collect Personal Data from you in the following ways.
Registration. We collect the Personal Data you provide to us when you register for an account on the Sites. The types of information we may collect include your name, email address, phone number, company name, role and other information you choose to provide.
Correspondence. If you contact us by e-mail, using a chat box or contact form on the Sites, or by mail, fax, or other means, we collect the Personal Data contained within, and associated with, your correspondence.
E-mail Newsletters. We may offer e-mail newsletters from time to time on the Sites. If you sign up to receive a newsletter from us, we collect your name and e-mail address.
User Profiles. The Sites may give you the ability to create and update a user profile. If we offer user profile functionality on the Sites, we will collect the Personal Data that you provide to us in the course of creating or updating a user profile. This information may include, for example, name, postal address, telephone number, e-mail address, and related demographic information about you. We may indicate that some Personal Data is required to create the profile, while some is optional.
Interactive Features. The Sites may contain interactive functionality that allows you to engage with other users on the Sites, to post comments to forums, to upload content (“User Materials”), to participate in surveys via the Sites or e-mail, and otherwise to interact with the Sites and with other users. If you use any interactive functionality on the Sites that requests or permits you to provide us with Personal Data (including, for example, any features that allow you to post User Materials), we collect the Personal Data that you provide to us in the course of using these interactive features.
Passive Means Through the Sites and Correspondence. When you visit the Sites, some information is collected automatically. For example, when you access the Sites, we may automatically collect (a) your browser’s Internet Protocol (IP) address, (b) your browser type, (c) the nature of the device from which you are visiting the Sites (e.g., a personal computer or a mobile device), (d) the device id for any handheld or mobile device that you may be using, (e) the website that you visited immediately prior to accessing the Sites, (f) the actions you take on the Sites, and (g) the content, features, and activities that you access and participate in on the Sites. We also may collect information regarding your interaction with e-mail messages, such as whether you opened, clicked on, or forwarded a message. We may collect this information passively using technologies such as standard server logs, cookies and clear GIFs (also known as “web beacons”). Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of the Sites or the Services.
Your Use of the Services. When you use our Services to test your mobile applications, you may upload images, documents and other information to be used as part of test cases (“Test Data”). While we strongly recommend that you remove all Personal Data from Test Data, some of the Test Data you provide could contain Personal Data.
Other Sources. We may receive information about you, including Personal Data, from third parties, and we may combine this information with other Personal Data we maintain about you. If we do so, this Privacy Policy governs any combined information that we maintain in personally identifiable format.
USE OF PERSONAL DATA.
We use Personal Data (a) to provide the Services and information that you request, (b) to enhance, improve, operate, and maintain our Sites and Services and other systems, (c) to prevent fraudulent use of our Sites, Services and other systems, (d) to prevent or take action against activities that are, or may be, in violation of our Website Terms of Use, our Service Terms or applicable law, (e) to tailor advertisements, content and other aspects of your experience on and in connection with the Sites, (f) to maintain a record of our dealings with you, (g) for other administrative purposes and (h) for any other purposes that we may disclose to you at the point at which we request your Personal Data, and pursuant to your consent.
We may also use Personal Data you provide to contact you regarding products, services, and offers, both from ourselves and from third parties, that we believe you may find of interest. We allow you to opt- out from receiving marketing communications from us as described in the “Updating Your Information And Contact Preferences” section below.
If you provide Test Data that includes Personal Data, we use this Personal Data only for the purpose of running test cases on your mobile applications as part of our Services.
DISCLOSURE OF PERSONAL DATA TO THIRD PARTIES.
Except as described in this Privacy Policy, we do not disclose or transfer Personal Data about you to any third party unless we have your express permission.
Protecting our Interests. We disclose Personal Data if we believe that doing so is legally required, or is in our interest to protect our property or other legal rights (including, but not limited to, enforcement of our agreements), or the rights or property of others, or otherwise to help protect the safety or security of the Sites or the Services.
Corporate Affiliates, Service Providers and Business Transfers. We may disclose or transfer your Personal Data (a) to its corporate affiliates (for example, a subsidiary or parent corporation) or (b) to an acquirer or a successor or an assignee as part of any merger, acquisition, sale of company assets or similar transaction, as well as in the event of an insolvency, bankruptcy or receivership in which Personal Data is transferred to one or more third parties as one of our business assets. We requires our corporate affiliates that receive your Personal Data to limit their use and disclosure of your Personal Data in accordance with this Privacy Policy. We use service providers to host our Sites and Services. These service providers include companies such as Google Cloud, Amazon Web Services and Cyberlynk. We have entered into agreements with these companies to protect your Personal Data while it is in their possession and limit its use to those permitted under this Privacy Policy.
Public Areas. You should be aware that any information you provide in blogs, forums or similarly non-private areas of the Sites may be read, collected, and used by others who access these areas, and this information is not Personal Data for the purposes of this Privacy Policy. To request removal of your Personal Data from these areas, please contact us. In some cases, we may not be able to remove your Personal Data, in which case we will let you know if we are unable to do so and why.
DATA RETENTION.
We store the Personal Data we collect about you for as long as is necessary for the purpose(s) for which we originally collected it. We may retain certain information for legitimate business purposes or as required by law.
UPDATING YOUR INFORMATION AND CONTACT PREFERENCES.
You may update some of the information you provide to us as follows:
Your Information: If you have an account on the Sites, we provide mechanisms for you to review and update certain Personal Data you provided to us to obtain your account by logging into your account on the Sites or through the Services.
Your Contact Preferences: If you receive commercial e-mail from us, you may unsubscribe at any time by following the instructions contained within the e-mail. You may also opt-out from receiving commercial e-mail from us, and any other promotional communications that we may send to you from time to time (e.g., by postal mail) by sending your request using the contact information below. Additionally, if you have a user account on the Sites, we may allow you to view and modify settings relating to the nature and frequency of promotional communications that you receive from us. You may also opt-out from allowing us to share your Personal Data with third parties for their marketing or promotional use by sending your request using the contact information below. Please be aware that if you opt-out of receiving commercial e-mail from us or allowing us to share your Personal Data with third-party organizations for their marketing or promotional use, it may take up to 10 business days from the time that we receive your request for us to process your opt-out request, and you may receive commercial e-mail from us during that period. Additionally, even after you opt-out from receiving commercial messages from us, you will continue to receive administrative messages from us regarding your use of the Sites or the Services.
THIRD-PARTY SITES AND SERVICES.
When you visit the Sites, you may have the opportunity to visit, or link to, other sites not operated by us (“Third Party Sites”). These Third Party Sites may also collect Personal Data about you. You should review the privacy policy of each such Third Party Site, as this Privacy Policy does not apply to your activities or any information you disclose while using such Third-Party Site. We are not responsible for Third Party Sites, including without limitation their privacy policies. Our linking to a Third Party Site or otherwise making a Third Party Site available to you does not constitute our sponsorship of, or affiliation with, such Third Party Sites. Also, please be aware that third parties, such as companies displaying advertisements on the Sites, may set cookies on your hard drive or use other means of passively collecting information about your use of their services, sites or content. We do not have access to, or control over, these third-party means of passive data collection.
ADVERTISING AND ANALYTICS SERVICES PROVIDED BY OTHERS.
We may allow others to provide analytics services and serve advertisements on our behalf across the Sites. These entities may use cookies, web beacons, device identifiers and other technologies to collect information about your use of the Sites, including your IP address, web browser, mobile network information, pages viewed, time spent on pages or in apps, links clicked and conversion information. This information may be used by us and others to, among other things, analyze and track data, determine the popularity of certain content, deliver advertising and content targeted to your interests on our Sites and Services and better understand your online activity. For more information about interest-based ads, or to opt out of having your web browsing information used for behavioral advertising purposes, please visit http://www.aboutads.info/choices or http://www.youronlinechoices.eu/ if you reside in the EU.
HOW WE PROTECT YOUR PERSONAL DATA.
We have implemented appropriate technical and organizational measures to protect against unauthorized or unlawful processing of, or accidental loss, destruction, or damage to, your Personal Data. . However, we cannot guarantee that your Personal Data will be absolutely protected. For example, your Personal Data may be affected by actions outside of our control, such as computer “hacking” and physical theft.
CHILD-SPECIFIC TERMS.
We understand that children’s privacy is important. The Sites are not intended for use by children under 13 years of age, and we do not knowingly collect any Personal Data from children under the age of 13 without obtaining parental consent. If you are under 13 years of age, please do not submit any Personal Data to us. If we learn that we have collected Personal Data from a child under the age of 13 on the Sites without parental consent, we will delete such Personal Data as quickly as possible. If you believe that we may have collected any such Personal Data on the Sites, please contact us using the contact information below.
INTERNATIONAL RESIDENTS.
Our servers are located in the United States. If you choose to use the Sites or Services from outside the U.S., then you should know that you are transferring your Personal Data outside of your region and into the U.S. for storage and processing. By providing your Personal Data to us through your use of the Sites or the Services, you agree to the transfer of your Personal Data to the U.S. and the processing of your Personal Data in the U.S.
Also, we may transfer your data from the U.S. to other countries or regions in connection with storage and processing of data, fulfilling your requests and operating the Sites and Services. You should know that each region can have its own privacy and data security laws, some of which may be less stringent as compared to those of your own region. We will take steps to ensure that your Personal Information receives an adequate level of protection in the jurisdictions where we transfer and process your Personal Data.
If you are in the European Economic Area, we provide adequate protection for the transfer of your Personal Data to countries outside of the EEA through the Standard Contractual Clauses authorized under EU law. If you are a resident of the European Economic Area (“EEA”), you have certain rights and protections under the law regarding the processing of your Personal Data. If you are a resident of the EEA, when we process your Personal Information, we will only do so under the following circumstances: (i) in order to perform our responsibilities under a contract with our customers, such as by providing the Services you requested or (ii) where we have a legitimate interest in processing your Personal Information, such as our uses set forth above. If you are a resident of the EEA, you have the right to access the Personal Information we hold about you and to ask that your Personal Information be corrected, erased or transferred. You may also have the right to object to, or request that we restrict, certain processing. If you would like to exercise any of these rights, you should contact us using the contact information below. If you are a resident of the EEA and have a concern about our processing of your Personal Information that we are not able to resolve, you have the right to lodge a complaint with the data privacy authority where you reside.
CALIFORNIA RESIDENTS.
If you are a California resident, you may request and obtain from us once a year, free of charge, certain information about the Personal Data (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the categories of Personal Data that was shared and the names and addresses of all third parties with which we shared information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing using the contact information below.
CHANGES TO THIS PRIVACY POLICY.
We may change this Privacy Policy at any time. We will post all changes to this Privacy Policy on this page and will indicate at the top of the page the ‘”Last Updated” date. We therefore encourage you to refer to this page on an ongoing basis so that you are aware of our current privacy policy. Your continued use of the Sites constitutes your agreement to the Privacy Policy as modified. If we change this Privacy Policy in a manner that is materially less restrictive of our use or disclosure of your Personal Data, we will use reasonable efforts to notify you of the change and to obtain your consent prior to applying the change to any Personal Data that we collected from you prior to the date the change becomes effective.
CONTACT US.
If you have any questions or suggestions regarding this Privacy Policy, please contact us at legal @ test.ai or Appdiff, Inc. dba test.ai, 340 Brannan Street, #100, San Francisco, CA 94107, Attn: Legal.