Privacy Policy

This Privacy Policy describes our policies and procedures on the collection, use and disclosure of Your information when You use our Services. As described in this Privacy Policy, "Company," "we," "our," and "us" refers to Pham 89 AI Inc., and any of Our Affiliates that are involved in the collection and processing of Your Personal Data.

Pham 89 AI Inc. is the controller of Your Personal Data as described in this Privacy Policy.

This Privacy Policy does not apply to the information and data that our customers upload to the Pham 89 AI Cloud Services, or otherwise provide or make available to us for processing in connection with their use of the Pham 89 AI Cloud Services. We act as a processor with respect to this information and data, and Our handling of it is governed by our Terms of Service. If You have questions about the information practices of a customer of ours that uses the Pham 89 AI Cloud Services, please contact that respective customer directly.

By using the Services, You acknowledge the collection and use of information in accordance with this Privacy Policy.

Processing Activities Covered

This Privacy Policy applies to our processing of Personal Data that we collect when You:

• Visit our Website (www.pham89ai.com);
• If You are a referral partner, use the Pham 89 AI Referral Platform that is made available through the Website;
• Use the Pham 89 AI Cloud Service as a customer or an authorized user (for example, as an employee of one of our customers who provided You with access to our services); or
• Communicate with us about our products and services, whether by email, phone, in person, or otherwise

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of this Privacy Policy:

• "You" means the individual accessing or using the Services, or the company, or other legal entity on behalf of which such individual is accessing or using the Services, as applicable.
• "Affiliate" means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
• "Account" means a unique account created for You to access our Services or parts of our Services.
• "Website" refers to www.pham89ai.com
• "Services" refers collectively to the Website and to the Dashboard and Pham 89 AI Cloud Services, as those terms are defined in the Terms of Service.
• "Service Provider" means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Services, to provide the Services on behalf of the Company, to perform services related to the Services or to assist the Company in analyzing how the Services are used.
• "Third-party Social Media Service" refers to any website or any social network website through which a User can log in or create an account and share Personal Data or other information with other users of that website.
• "Personal Data" is any information that relates to an identified or identifiable individual.
• "Cookies" are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
• "Device" means any device that can access the Services such as a computer, a cellphone or a digital tablet.
• "Usage Data" refers to data collected automatically, either generated by the use of the Services or from the Services infrastructure itself (for example, the duration of a page visit).

Other terms used but not defined in this Privacy Policy have the meanings provided in applicable data protection laws, as applicable.

Collecting and Using Your Personal Data

Types of Data Collected

Personal Data You Provide to Us Directly

While using Our Services, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:

• Name
• Contact information such as Your email address, mailing address, and telephone number
• Account information, such as Your username and password, if You are a registered user of the Services
• Professional information such as employer and position/title
• Usage Data
• Payment and billing details
• Other information that You submit or upload to the Services, or provide through contact forms or messages that You send us through the Services

Usage Data

Usage Data is collected automatically when using the Services.

Usage Data may include information such as Your Device's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Services that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

When You access the Services by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.

We may also collect information that Your browser sends whenever You visit our Services or when You access the Services by or through a mobile device.

Personal Data We Collect from Other Sources

We may also collect information about You from other sources, including third party data providers, Third-Party Social Media Services, event organizers, and our referral partners, and from publicly available databases, and combine this information with Personal Data that You provide. The Personal Data We collect from other sources may include Your name and email address, and professional details such as Your employer and title/position.

Our Use of Cookies and Other Tracking Technologies

We use Cookies and similar tracking technologies to track the activity on Our Services and store certain information. The tracking technologies used may also include beacons, tags, and scripts. We use Cookies and these other technologies to collect and track information and to improve and analyze Our Services, and to provide You with relevant content, including targeted advertising.

For instance, we use Google Analytics. Google Analytics uses cookies to help us analyze how visitors use the Website. For more information on Google Analytics, including how Google Analytics collects, uses, and discloses information, refer to the following page: www.google.com/policies/privacy/partners/.

We also use Hotjar in order to better understand our users' needs and to optimize this service and experience. Hotjar is a technology service that helps us better understand our users' experience (e.g. how much time they spend on which pages, which links they choose to click, what users do and don't like, etc.) and this enables us to build and maintain our service with user feedback. Hotjar uses cookies and other technologies to collect data on our users' behavior and their devices.

Our Use of Your Personal Data

The Company may use Personal Data for the following purposes:

• To provide and maintain our Services, including to monitor the usage of our Services.
• To manage Your Account: to manage Your registration as a user of the Services. The Personal Data You provide can give You access to different functionalities of the Services that are available to You as a registered user.
• For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Services.
• To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including security updates, when necessary or reasonable for their implementation.
• To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that You have already purchased or enquired about unless You have opted not to receive such information.
• To manage Your requests: To attend to and manage Your requests to Us.
• To comply with laws and regulations that apply to our business, and for other related purposes: To comply with applicable laws and regulations, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities, and for other related purposes, such as maintaining tax and accounting records, and for similar recordkeeping and auditing purposes.
• To prosecute or defend against legal claims, and as otherwise necessary to protect and defend the rights or property of the Company.
• To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding.
• For other purposes, as authorized or directed by You.

Our Sharing and Disclosure of Your Personal Data

We may share Your Personal Data with other parties in the following situations:

• With Service Providers: We may share Your Personal Data with Service Providers to monitor and analyze the use of our Services, to contact You, and to perform other functions on our behalf.
• With Affiliates: We may share Your information with Our affiliates, in which case we will require those affiliates to honor this Privacy Policy.
• With Business partners: We may share Your Personal Data with Our business partners to offer You certain products, services or promotions.
• With other users: when You share Personal Data or otherwise interact in the public areas of the Services with other users, such information may be viewed by all users.
• With Law enforcement or other government authorities: under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities.
• For Business transfers: We may share Your Personal Data with third parties in connection with, or during negotiations of, any merger, sale of Company assets, financing, restructuring, reorganization, dissolution, or acquisition of all or a portion of our business to another company.

Our Retention of Your Personal Data

The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. Please note that we may retain and use Your Personal Data longer to the extent necessary to comply with our legal obligations, resolve disputes, and enforce our legal agreements and policies.

We determine the appropriate retention period for Personal Data on the basis of the amount, nature, and sensitivity of the Personal Data being processed, the potential risk of harm from unauthorized use or disclosure of the Personal Data, whether We can achieve the purposes of the processing through other means, and on the basis of applicable legal requirements.

Transfers of Your Personal Data

Your information, including Personal Data, is processed at the Company's operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.

The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy.

Your Choices

We offer choices regarding our collection and use of Your Personal Data.

• You may choose not to provide the Personal Data we request. However, not providing information we request may restrict Your ability to use certain features of the Service.
• You may accept or reject certain cookies used on the Website by visiting our Cookie Preference Center.
• You may opt out of receiving promotional emails from us at any time by following the opt-out link or other unsubscribe instructions provided in the email message, or by contacting us as provided in the "Contact Us" section at the end of this Policy.

Your California Privacy Rights

Under California Civil Code Section 1798 (California's Shine the Light law), California residents with an established business relationship with us can request information once a year about sharing their Personal Data with third parties for the third parties' direct marketing purposes.

California Business and Professions Code section 22581 allow California residents under the age of 18 who are registered users of online sites, services or applications to request and obtain removal of content or information they have publicly posted.

Additional Information for individuals in the European Union

This section of the Privacy Policy provides additional information in accordance with the requirements of the EU's General Data Protection Regulation ("GDPR"), and applies to the extent our processing of Your Personal Data is subject to the GDPR.

Legal Bases for Processing

We will only process Your Personal Data when we have an appropriate legal basis under the GDPR to do so. We have set out below a summary of the purposes for which we process Your Personal Data and the corresponding legal bases upon which we rely for the processing:

Purpose of Processing	Legal Basis
To provide and maintain our Services	To perform our agreement with You, and Your consent when required by applicable law. We may also process based on our legitimate interests in maintaining and securing our Services.
To manage Your Account	To perform our agreement with You. We also process based on our legitimate interest in managing our customer relationships.
For the performance of the purchase contract	To perform our agreement with You.
To contact You regarding updates or communications	Our legitimate interest in providing service and support to our customers.
To provide You with news and special offers	Our legitimate interest in promoting our products and services, and where applicable, Your consent.
To comply with laws and regulations	To comply with a legal obligation. We may also process based on our legitimate interest in complying with applicable laws.
To prosecute or defend legal claims	Our legitimate interest in protecting the rights or property of the Company.

Your Rights

To the extent Our collection and processing of Your Personal Data is subject to the GDPR, You have certain rights regarding Your Personal Data, including the right to request:

• Notification and familiarization with Your Personal Data processed (access right);
• Rectification of Your Personal Data;
• Erasure of Your Personal Data;
• Restriction of Your Personal Data processing;
• Presentation of Your Personal Data in systemized, computer readable format;
• Your objection to Your Personal Data processing (if the basis for data processing is the legitimate interest).

If Your Personal Data is processed on the basis of Your consent, You also have the right to revoke the consent at any time.

To exercise any rights You may have under the GDPR, You may contact us using the details set out in the "Contact Us" section of this Privacy Policy.

Links to Other Websites

Our Services may contain links to other websites that are not operated by Us. If You click on a third-party link, You will be directed to that third party's site. We strongly advise You to review the Privacy Policy of every site You visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party sites or services.

Changes to this Privacy Policy

We may update our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us

To contact us with questions about this Privacy Policy, or to exercise any rights You may have under the GDPR, You can contact us by email at [email protected]