Privacy Policy

Last Updated: November 25, 2023

Introduction

This privacy policy is designed to inform users of our websites (located at https://cyvl.ai/ and https://whereai.com/), and other individuals from whom we collect personal information about how Cyvl Inc. (“Cyvl”) gathers personal information in connection with the services that we provide. Cyvl takes individual privacy seriously and we endeavor to inform you of the uses that we have for personal information that we obtain from you (“Collected Information”). We will take reasonable commercial steps to protect your privacy consistent with the guidelines set forth in this policy and with applicable federal and state laws. In this policy, "user," “your,” or "you" refers to any individual from whom we obtain Collected Information, whether by browsing our website, creating an account with us, having your picture or image captured while present in public, or participating in any other activities through with us. As the manners in which we obtain Collected Information and our uses for Collected Information may change from time to time, we encourage you to return to and reread this privacy policy from time to time.

By accessing or using our website, you acknowledge that you have read, understand, and agree to be bound by this privacy policy. If you do not agree to the terms of this privacy policy, do not use our website.

What information do we collect?

We obtain three types of Collected Information: (1) Personal Information, (2) Web Tracking Information, and (3) Biometric Information.

We may collect the following “Personal Information” in connection with your use of our website: Your first and last name, email address, telephone number, postal addresses, your answers to periodic surveys, information and data related to your interaction with our website, and financial information. In the event that we obtain your Personal Information from other sources, we may add it to the Personal Information that we have already collected from you in order to improve our products, services, and website.

We may collect “Web Tracking Information” in connection with your use of our website: Internet protocol address (“IP address“), browser type, domain names, access times, and operating system. We use cookies and navigational data like Uniform Resource Locators (“URLs”) to gather information regarding the date and time of your visit and the information for which you searched and which you viewed. Cookies are small pieces of information that a website sends to your computer’s hard drive while you are viewing a website. We may use both session Cookies (which expire when you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on our website. Cookies can generally be removed by following Internet browser help file directions. If you choose to disable Cookies, some areas of the site may not work properly. For more information about cookies, visit www.allaboutcookies.org. If you use a mobile device to access our website, we may also collect information about the geographical location from which you accessed our website.

Due to the nature of the services and products that we offer to civil engineers customers, we often collect pictures or images of roads, sidewalks, parks, and/or other infrastructure that is open to the public. These pictures and images may capture an individual who was present in the public place when the picture or image was taken. As a result, we potentially possess imagery of these individuals’ faces and other physiological, biological, or behavioral characteristics that may be used to identify them (collectively, “Biometric Information”). Given the manner in which these pictures and images of public places are collected, we it is generally infeasible for us to obtain the consent of each individual from whom we collect Biometric Information prior to collection. However, where the applicable law in a particular state or jurisdiction requires that consent be obtained prior to collection we will either (i) not collect Biometric Information in that state or jurisdiction; or (ii) obtain the required consent prior to collection Biometric Information.

How do we use the information we collect?

Personal Information that you provide to us by using our website may be used for a variety of purposes including providing our products and services; maintaining or servicing customer accounts; providing customer service; processing or fulfilling orders and transactions; verifying customer information; processing payments; providing analytic services; communicating with you regarding our products and services; detecting security incidents that may compromise the confidentiality of Personal Information in our possession; maintaining or improving the quality or safety of our services; processing your employment application (if applicable); or enforcing our legal rights or otherwise as required by applicable law or requested by any judicial process or governmental agency.

Cyvl and its service providers and contractors will not use your Personal Information beyond the minimum amount and scope necessary to achieve the above purposes without first obtaining your consent.

Please note that by posting or sending us messages, uploading files, inputting data, or engaging in any other form of communication through our website, you are granting us a license to use the content of any such message, file, data, or communication.

We use Web Tracking Information to make our products and services more useful to you, administer our website, understand how well our website is working, store your user preferences, develop statistical information on usage of our website, and analyze the productivity of users of the website. Using Web Tracking Information for these purposes allows us to determine which features users like best, help us improve our website, personalize user experience, and measure the overall effectiveness of our Internet presence. We also use Web Tracking Information to prevent fraudulent use of the website, diagnose and mitigate service and website errors, and provide enhanced functionality.

We may use Biometric Information for the internal purpose of developing and improving the artificial intelligence software and technology that we use to provide our services and products.

We may also create usage, statistical, de-identified, anonymized, and/or Aggregated Data (collectively, “Aggregated Data”) relating to our users and our website for analytical purposes. Aggregated Data includes data derived from Collected Information and data collected by Cyvl from other sources that has been anonymized so that it does not relate to or identify any individual. This data is used to understand our user base and to develop, improve, and market our website. In the context of Biometric Information, Aggregated Data may specifically include geometric facial recognition data that is derived from images of individuals’ faces and used to inform our artificial intelligence software and technology so that it is better able to recognize an individual within a public place.

If you register and provide your email address, we may send you administrative and promotional emails, including newsletters. If you wish to opt out of newsletters and promotional emails, you may do so by following the "unsubscribe" instructions in the email.

What information do we disclose to third parties?

We may share your Personal Information with third parties in the following circumstances:

• When we have your consent to share your Personal Information.
• With a parent company, subsidiary, joint venture, or other company under common control with us in order to effect any of the purposes listed above.
• In connection with, and for the purposes of, a business deal (or negotiation of a business deal) involving the sale or transfer of all or a part of our business or assets.  These deals may include any merger, financing, acquisition, or bankruptcy proceeding.
• With third party contractors engaged to provide services on our behalf ("Contractors"), including:  analysis of data and usage of our website the operation of our website or provision of maintenance and support for our website; performance of marketing support; processing of payments; storing information or data; providing customer service; shipping products to you or satisfying your order through a different supplier.

When we use a Contractor to provide services that requires the Contractor to have access to Personal Information, we enter into an agreement with the Contractor which limits the Contractor’s use of the Personal Information to the minimum amount necessary to perform the services in question; requires the Contractor to report any suspected or actual breach of security or other incident related to the Personal Information to us; and requires the Contractor to adhere to the same level of privacy requirements that are required of us by all applicable law. By accessing or using our website, you consent to our sharing your information with our Contractors and to our Contractors’ use of your information in accordance with all applicable law, this privacy policy, and the other terms and conditions applicable to our website.

We disclose Web Tracking Information to Contractors, in order to analyze the performance of our website, the behavior of users, and to operate and improve our website.  Certain Web Tracking information that is not correlated to individual user Personal Information, such as the popularity ranking of certain pages of our website, may be published on our website and so disclosed to all users of our website.

In the event that we provide pictures or images of public places containing Biometric Information to civil engineers or other third-parties in connection with the rendering of our services or products, we will blur the Biometric Information or otherwise render it unrecognizable.  

We may disclose Aggregated Data that does not contain Personal Information or Biometric Information to third parties, such as potential customers, business partners, advertisers, and funding sources, in order to describe our business, operations, products, and services.  

Use of our website may involve use of the services of third party search engine operators or telecommunications carriers.  Such operators are not our contractors, and any information that such operators collect in connection with your use of our website is not Collected Information and is not subject to this privacy policy.  We are not responsible for the acts or omissions of such operators.

We may use Collected Information to the extent required to detect, prevent, or otherwise address security, fraud, or technical issues; by law or to comply with any legal obligation, process, or request; to resolve disputes; to enforce our agreements (including this privacy policy) with you; if, in our reasonable discretion, use is necessary to protect or defend our legal rights or the personal safety of users of our website, our employees and/or agents, or members of the public; or as otherwise permitted by law (e.g., exchanging information with other companies and organizations for the purposes of fraud protection).

What rights do you have regarding your information?

If you would like your Collected Information permanently removed from our database, please contact us at privacy@cyvl.ai. We may ask you to provide a copy of your driver’s license or other identifying documents to assist us in processing your request. Data on past transactions and data stored in backups and archives will be maintained and/or deleted in the ordinary course of Cyvl’s business. Cyvl may still contact users who have requested that their Collected Information be permanently removed for administrative purposes. Please note that this removal process may take some time to complete, consistent with all applicable law.

At your request, we will also delete any account that you have with us and you will no longer receive emails from us.  The deletion of any account and/or your removal from an email list or database will not remove records of past transactions or delete information stored in our data backups and archives.

To the extent allowed by applicable law, if you request that we permanently remove Biometric Information, we will maintain any pictures or images that contain your Biometric Information, but will blur the Biometric Information or otherwise render it unrecognizable both with respect to our internal and external purposes.   

Aggregated Data is not subject to requests for removal under this section.

Cyvl will, to the best of our ability, allow you to review, correct, add, or amend your Collected Information, email address, or other contact details held in our database, at any time.  To do so, please contact us by sending an email to privacy@cyvl.ai.  Please note that it may be infeasible for us to determine each and every picture or image of a public place in our possession which includes your Biometric Information

Additional policies

In accordance with the privacy policy and all applicable federal and state law, we have put in place appropriate, commercially reasonable physical, electronic, and managerial procedures and security precautions to protect the security and integrity of your Collected Information. Please note that no Internet transmission is completely secure, and we cannot guarantee that security breaches will not occur.  Without limitation of the foregoing, we are not responsible for the actions of hackers and other unauthorized third parties that breach our reasonable security procedures.  This privacy policy is not intended to confer, nor does it confer, any rights or remedies to users.

Our website may contain links to other websites, cookies, or other materials from, or which may be operated by, parties other than Cyvl, whose information practices may be different than ours.  Cyvl is not responsible for the privacy practices, the content, or the actions of those third parties.  This privacy policy applies only to Collected Information.

We will retain your Collected Information in accordance with the appropriate statutory limitation periods as provided by all applicable law, or in other cases, for as long as such Collected Information is needed for any of the following reasons:  as required by law or court order; as needed to defend or pursue legal claims; in line with industry codes of practice; and/or as required for legitimate business purposes.

We do not respond to Do Not Track (DNT) signals or requests.  DNT is a web browser setting that informs a website that you do not want to be tracked.

Cyvl will regularly review this privacy policy for compliance with all applicable laws, and may modify or amend this policy from time to time as necessary for compliance purposes.  If we make any material changes, as determined by Cyvl, in the way in which Collected Information is collected, used, or transferred, we will notify you of these changes by modification of this privacy policy, which will be available for review by you on our website.  Notwithstanding any modifications we may make, Collected Information will be treated in accordance with the privacy policy in effect at the time information was collected, unless we obtain your consent otherwise.  

In the event that you wish to make a complaint about how we have processed any Collected Information, or to contact us for any other reason, please contact us at privacy@cyvl.ai and we will deal with your request as soon as possible.  This is without prejudice to your right to raise a complaint with a relevant supervisory authority in the state or jurisdiction in which you live or work, where you think we have infringed information protection laws.  

Any person with a disability that prevents or restricts them from accessing this privacy policy through Cyvl’s website may request a copy in an alternative format by contacting Cyvl at privacy@cyvl.ai.

The Children’s Online Privacy Protection Act imposes certain requirements on website operators that have actual knowledge that they collect Personal Information from children under 13 years of age.  Cyvl does not knowingly collect or maintain Personal Information from persons under 13 years of age, and no part of our website is directed at persons under 13.  If you are under 13 years of age, please do not use our website.  If Cyvl learns that Collected Information of persons less than 13 years of age has been collected without verifiable parental consent, then Cyvl will take the appropriate steps to delete the information.  To make such a request, or if you have any questions or concerns about this privacy policy or its implementation, please contact us at privacy@cyvl.ai.  

Cyvl and its servers are located in the United States and are subject to the applicable state and federal laws of the United States.  Those who choose to access our website do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations.  We may limit our website’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.  We do not represent or warrant that our website, or any part thereof, is appropriate or available for use in any other jurisdiction.  If you choose to access or use our website, you consent to the use and disclosure of information in accordance with this privacy policy and subject to such laws.

Notice for residents of the European economic area, United Kingdom, or Switzerland

We do not market our services to residents of Europe, the United Kingdom (UK), or Switzerland, and are not subject to Regulation 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of natural persons with regard to the processing of Personal Information and free movement of such Information, known as the General Data Protection Regulation (“GDPR”).  If you reside in the European Economic Area (“EEA”), UK, or Switzerland, please be aware that if you voluntarily provide us with any Collected Information, that information will be transferred from your location to data centers located in the United States for processing.

Although we are not subject to the GDPR, we will generally honor your data privacy rights upon request, subject to certain limitations (including the extent to which we are able to identify any pictures or images in our possession that contain your Biometric Information).  If you reside in the EEA, UK, or Switzerland, you have the right, as applicable under the GDPR, to the following:

• Request an accounting of Collected Information that we possess that pertains to you in an electronically portable format (e.g., electronic copies of information attached to an email).  
• Request that we correct or update Collected Information that pertains to you.
• Request that we delete Collected Information that pertains to you.
• Fully or partially withdraw your consent to the collection, processing, and/or transfer of your Collected Information.

If you believe we are unlawfully possessing your Collected Information, you have the right to complain to your local data protection supervisory authority.  You can find contact details here: https://edpb.europa.eu/about-edpb/board/members_en.

To request an accounting of your Collected Information, a correction or update to your information, deletion of your information, or to withdraw your consent to the collection, processing, and/or transfer of your information, please contact us at privacy@cyvl.ai.  Once we receive your request, we will no longer process your Collected Information for the above purposes unless there are legitimate grounds for further processing which override your interests, rights and freedoms, or for the establishment, exercise, or defense of legal claims.