Testifi AI, LLC (“Testifi AI”, “We,” “Company,”) cares deeply about protecting the privacy of its users. This Privacy Policy applies to the personal information we collect, use, and disclose in connection with testifi.ai (the “Website” or “Site”), as well as the Testifi AI services (“Services”). If you do not agree with the terms of this Privacy Policy, please do not use the Site or any Services available through the Site. Please understand that by accessing or using the Testifi AI Site and/or Services, you (“you”, “customer,” “subscriber”, “User”) are accepting and consenting to the practices described in this Privacy Policy. Testifi AI will indicate within the registration processes of our products and services and other registration forms what types of personal information are required and those that are requested. You may choose not to submit the requested information, but that may limit or prohibit the services that Testifi AI is able to provide to you.

Information We Collect, and How We Use It. When you use the Site or the Services, we collect certain internet or other electronic network activity information via a variety of technologies, as described in this Policy.

Personal Information you or your contacts give to us. When we use the term “Personal Information,” we mean information that relates to an individual who is directly or indirectly identifiable. This includes information you provide when you register to use our Website, subscribe to our Services, participate in any discussion boards, forums, or other social media functions on our site, attend a Testifi AI event, or report a problem with our Site or Services. We collect personal information about you when you voluntarily submit information directly to us by filling in forms on our Site or by corresponding with us by phone, email, or other means. In order to access and use certain areas and services of the Site, Testifi AI may ask users for Personal Information, including your name, address, email address, and telephone number, as well as commercial information, such as your business name, address, and telephone number. You can decline to provide certain information to us, but you may be unable to access certain services and features offered through the Site, and we may be unable to respond to you. By submitting a form on the Site, you consent to our providing your Personal Information to third parties as we determine is necessary to process your submission and improve the accuracy of forms submitted on the Site. We may also receive personal information about you from individuals or corporate entities which are subscribers to the Services where you are to be designated a user of the Services.

Cookies. A cookie is a series of data characters that is placed by the web server into the browser’s application folder on your computer. Once placed onto your machine, the cookie will allow the Site to “recall” you as a unique individual. The Site uses cookies to personalize information for certain segments of its customer base. In some instances, cookies are also used to associate individual customers with their information profiles where users have elected to create such a profile. Should you choose to do so, cookies can be removed from your hard drive and certain web browsers can be set so that cookies are not used or saved. Please check with your browser provider for more information on removing cookies. Cookie information may allow us to determine things like the URL of the websites you visited before coming to the Site, the type of browser or mobile device you are using to access the Site, your IP address, language, approximate geographic location, and time zone. We, and/or our authorized third-party service providers may automatically collect this information when you access and use the Site through the use of electronic tools like log files and cookies. We use this information to troubleshoot, administer the Site and its services, analyze trends, gather demographic information, comply with applicable law, and cooperate with law enforcement activities. We may also share this information with our authorized third-party service providers to measure the overall effectiveness of our online tools, content, and programming.

Log Files. Testifi AI’s web server uses an extended log file format which captures the following information for all users of the Site: date and time of visit, referring address (location from which a visitor comes to the Site), type of Internet browser, and visitor’s IP address. (Each computer that connects to the Internet is assigned a unique number, an IP address, for identification purposes). The log file does not capture a user’s email address.

Do Not Track Signals from Web Browsers. The Site is not presently configured to support Do Not Track (“DNT”) signals from web browsers.

Litigation Data or Transactional Data You Provide In Connection with the Services. Testifi AI adheres to the strictest protocols in connection with the data you provide to Testifi AI in the course of using the Services (such as litigation or transactional documents). Information provided to Testifi AI via the Services is stored in our third-party cloud storage provider, which adheres to the strictest security requirements in the industry. Testifi AI may access this data in order to deliver and improve the Services, to test features in development, and conduct audits and troubleshooting activities.

The Services utilize AI algorithms and technologies, including generative AI, to provide various features, including content creation such as summaries or other legal or transactional documents. Testifi AI may provide responsive search results based on natural language queries or prompts that Authorized Users provide while using the Online Services. Documents uploaded with confidential information or subject to a protective order will have limited use in the learning system of the AI algorithm. No specific identifying information from documents uploaded with confidential information, subject to a protective order, or similar agreement shall be used in the learning system.

Use of Information. Depending on how you interact with us and the Services, we use your personal information to:

• Provide, activate and manage your access to and use of the Services;
• Process and fulfill a request, order, download, subscription or other transaction;
• Provide technical, product and other support and to help keep the Services working, safe and secure;
• Enhance and improve the Services and our other products, events, and services and to develop new products, services and benefits;
• Offer you customized content and other personalization to make the Service more relevant to your interests and geography;
• Respond to your requests, inquiries, comments and concerns;
• Notify you about changes, updates and other announcements related to the Services and our other products and services;
• Deliver targeted advertisements, promotional messages, notices and other information related to the Services and your interests;
• Provide you with promotional messages and other information about products, events and services of ours, our affiliates and third parties such as sponsors;
• Invite you to participate in user testing and surveys as well as drawings, sweepstakes, competitions and similar promotions;
• Identify usage trends and develop data analysis, including for purposes of research, audit, reporting and other business operations, including determining the effectiveness of our promotional campaigns and evaluating our business performance, or in other ways pursuant to a customer agreement; and/or
• Comply with our legal obligations, resolve disputes, and enforce our agreements.

If you are an administrator of an organization with an account or subscription to the Services, we will use your details to communicate with you about your organization’s account, subscription and related services. If you supply us contact information of your colleagues, we may contact those individuals with communications about the Services that may include references to you.

Sharing of Information. Testifi AI does not share any Information obtained through the Site or Services, unless one of the following circumstances apply:

• To provide the Services: From time to time, we will disclose your Personal Information (on a strictly confidential basis) to agents and others that we use in the ordinary operation of the Site and Services, such as validation and vetting, account and billing/payment processing, marketing and promotion, user experience research and surveys, website hosting and support, and maintenance. We will only disclose your information to the extent required for the limited purpose of the third-party providing services contracted to us so that we may provide the Services to you.
• With your consent: We will share personal information with outside companies, organizations, or individuals when we have your express consent to do so.
• For legal reasons: We will share user information with outside parties if we have a goodfaith belief that access, use, preservation or disclosure of the information is reasonably necessary to meet any applicable law, regulation, legal process or enforceable governmental request; or protect against harm to the rights, property or safety of Testifi AI, its owners, affiliates, our users or the public as required or permitted by law.
• If you do not wish to receive marketing information, please email us at info@testifi.ai. Email messages will also provide you with an opportunity to opt-out of receiving this information. Please note, changes to your preference may not be effective immediately.

Links. The Site may contain links to third-party websites. Please be aware that we are not responsible for the privacy practices of such third-party sites. We do not exercise control over third-party websites displayed as search results or links from within the Site and these third-party websites may place their own cookies or other files on your computer, collect data or solicit personal information from you. As such, we encourage our users to be aware of this fact when they leave our websites and to read the privacy policies or statements of each and every website that they visit which collects personally identifiable information. This Privacy Policy applies solely to information collected on the Site.

Security. Testifi AI has strict security measures in place to protect customer information. Unfortunately, no data transmission over the Internet can be guaranteed to be secure. As a result, while we employ strict security measures to protect data, we cannot guarantee the security of any information transmitted to the Site and are not responsible for the actions of any third parties that may receive any such information. Password-protected areas of the Site can be accessed only with a valid password. Each password owner is responsible for keeping the password confidential and safe.

For Users Outside of the United States Only. The Site is hosted on servers located in the United States. If you are a user accessing our Site from the European Union, Australia, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, you are transferring your personal data to the United States which may not have the same data protection laws as such other regions. By providing user information through the Service, you are consenting to the transfer of your information to the United States for processing and maintenance in accordance with this Privacy Policy and the Terms of Use. You are also consenting to the application of United States law in all matters concerning the Site and the Services.

Data Subject Rights. Depending on your residency, you may have certain data subject rights. These rights vary by state and country, but they may include the right to: (i) request additional disclosures about the Personal Information we collect, use, and disclose, i.e., a “Request to Know (Categories of Information)”; (ii) obtain a copy of Personal Information, i.e., a “Request to Know (Specific Pieces of Information),” sometimes called the Right to Access; (iii) request deletion of Personal Information, i.e., a “Request to Delete Information,” sometimes called the Right to Be Forgotten; (iii) opt out of the sale of Personal Information if we were to sell Personal Information, i.e., a “Request to Opt Out.” We do not sell your information, so you are already opted-out of such sales. We will not discriminate against you for exercising any of these rights. However, we may not be able to provide the same quality of goods or services to you if we do not have the necessary data available.

If you wish to exercise any of these rights, please email info@testifi.ai with the phrase “Data Subject Rights” in the subject line. We will review your requests and respond accordingly. The rights described herein are not absolute and we reserve all of our rights available to us at law in this regard. Additionally, if we retain your Personal Information only in de-identified form, we will not attempt to re-identify your data in response to a Data Subject Rights request. If you make a request related to Personal Information about you, we will need to verify your identity. To do so, we will request that you match specific pieces of information you have provided us previously, as well as, in some instances, provide a signed declaration under penalty of perjury that you are the individual whose personal information is the subject of the request. If it is necessary to collect additional information from you, we will use the information only for verification purposes and will delete it as soon as practicable after complying with the request. For requests related to particularly sensitive information, we may require additional proof of identification. If you make a Data Subject Rights request through an authorized agent, we will require written proof that the agent is authorized to act on your behalf. We will process your request within the time provided by applicable law.

Minors. If you are under 18 years old, you may not use the Site or the Services. We do not knowingly allow any users under the age of eighteen (18) to use or otherwise access the Site or the Services. We do not seek any personal information (or any information at all) from any persons under 18 years old. Because we do not intentionally collect any information from children, we also do not knowingly share or disclose such information to third parties. If you have reason to believe that a child under 18 years of age has provided us with information, please contact us at info@testifi.ai.

LEGAL DISCLAIMER. The Site operates “AS-IS” and “AS-AVAILABLE,” without warranties of any other kind. We are not responsible for events beyond our direct control. This Privacy Policy is governed by the laws of the State of Texas, excluding conflicts of law principles. Any legal actions against us arising out of or related to the Site or any services offered or provided therefrom must be commenced in the state of Texas in the United States of America.

California Residents. California Civil Code Section 1798.83 requires certain businesses that share customer Personal Information with third parties for the third parties’ direct marketing purposes to respond to requests from California customers asking about the businesses’ practices related to such information-sharing. We currently do not share or disclose your Personal Information to third parties for the third parties’ direct marketing purposes.  If we change our practices in the future, we will implement an opt-out policy as required under California laws.

Furthermore, subject to certain exemptions, California residents have the following rights with respect to Personal Information we may have collected about them:

• Requests to Know: You have the right to request that we disclose:
  • The categories of Personal Information we have collected about you; o The categories of Personal Information about you we have sold or disclosed for a business purpose;
  • The categories of sources from which we have collected Personal Information about you;
  • The business or commercial purposes for selling or collecting Personal Information about you;
  • The categories of Personal Information sold or shared, if any, about you, as well as the categories of third parties to whom the Personal Information was sold, by category of Personal Information for each party to whom Personal Information was sold; and
  • The specific pieces of Personal Information collected.

You may submit a request to know via info@testifi.ai. The delivery of our response may take place electronically or by mail. We are not required to respond to requests to know more than twice in a 12-month period.

We do not sell, and have not in the prior 12 months sold, Personal Information about California residents. Therefore, we have not included a “Do Not Sell My Personal Info” link on our Site. If our practices change, we will update this Privacy Policy and take any other necessary action to comply with applicable law. We do, however, disclose Personal Information for business purposes as described in the “Third Parties We Share Personal Information With” section above.

• Requests to Delete: You have the right to request that we delete any Personal Information about you that we have collected. Upon receiving a verified request to delete Personal Information, we will do so unless otherwise required or authorized by law. You may submit a request to delete Personal Information via info@testifi.ai.
• Authorized Agents: You may designate an authorized agent to make requests on your behalf. You must provide an authorized agent written permission to submit a request on your behalf, and we may require that you verify your identity directly with us. Alternatively, an authorized agent that has been provided power of attorney pursuant to Probate Code sections 4000-4465 may submit a request on your behalf.
• Methods for Submitting Consumer Requests and Our Response to Requests: You may submit a request for access and requests to delete Personal Information about you via info@testifi.ai.

Upon receipt of a request, we may ask you for additional information to verify your identity. Any additional information you provide will be used only to verify your identity and not for any other purpose.

We will acknowledge the receipt of your request within 10 days of receipt. Subject to our ability to verify your identity, we will respond to your request within 45 days of receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing.  In order to protect your privacy and the security of Personal Information about you, we verify your request.

Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

• The Right to Non-Discrimination: You have the right not to be discriminated against for the exercise of your California privacy rights described above. Unless permitted by the California Consumer Privacy Act of 2018, we will not:
  • Deny you goods or services;
  • Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties;
  • Provide you a different level or quality of goods or services; or
  • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

Your State Privacy Rights: State consumer privacy laws may provide their residents with additional rights regarding our use of their Personal Information. 

California, Colorado, Connecticut, Delaware, Florida, Indiana, Iowa, Montana, Oregon, Tennessee, Texas, Utah, and Virginia provide (now or in the future) their state residents with rights to:

• Confirm whether we process their Personal Information;
• Access and delete certain Personal Information;
• Correct inaccuracies in their Personal Information, taking into account the information’s nature processing purpose (excluding Iowa and Utah);
• Data portability;
• Opt-out of personal data processing for: (A) targeted advertising (excluding Iowa); (B) sales; or (C) profiling in furtherance of decisions that produce legal or similarly significant effects (excluding Iowa and Utah); and
• Either limit (opt-out of) or require consent to process sensitive personal data.

The exact scope of these rights may vary by state. To exercise any of these rights please email us at info@testifi.ai.

Nevada provides its residents with a limited right to opt-out of certain Personal Information sales. Residents who wish to exercise this sale opt-out rights may submit a request to this designated address: PO Box 600876 Dallas, Texas 75360-0876. However, please know we do not currently sell data triggering that statute’s opt-out requirements.

Data Retention. We keep Personal Information related to your Account for as long as it is needed to fulfill the purposes for which it was collected, to provide our services, to deal with possible legal claims, to comply with our business interests and/or to abide by all applicable laws. Thereafter, we either delete Personal Information about you or de-identify it. Please note that even if you request the deletion of Personal Information about you, we may be required (by law or otherwise) to retain the Personal Information and not delete it. However, once those requirements are removed, we will delete Personal Information about you in accordance with your request.

Changes to the Privacy Policy. Testifi AI reserves the right to amend this Privacy Policy at any time with or without notice. Any changes will be posted on this page. Testifi AI encourages you to check this page regularly. If you provide information to us, access, or use the Site in any way after this Privacy Policy has been changed, you will be deemed to have unconditionally consented and agreed to such changes. The most current version of this Privacy Policy will be available on the web page at all appropriate times and will supersede all previous versions of this Privacy Policy.