Privacy Policy

1. Right to Change Terms

We reserve the right at any time, with or without cause, to (a) change the terms and conditions of this Policy; (b) change our Products and Services, including eliminating or discontinuing any information services or other feature of our Products and Services; or (c) deny or terminate your use of and/or access to our Products and Services. Any changes we make will be effective immediately upon our making such changes available on our Products and Services, with or without additional notice to you. You agree that your continued use of our Products and Services after such changes constitutes your acceptance of such changes. You hereby acknowledge that you have carefully read all of the terms and conditions of our Privacy Policy and agree to all such terms and conditions. Be sure to return to this page periodically to ensure familiarity with the most current version of this Agreement. YOUR CONTINUED USE OF OUR PRODUCTS AND SERVICES AFTER SUCH POSTING MEANS YOU ACCEPT AND AGREE TO BE BOUND BY THE MODIFIED PRIVACY POLICY.

2. Collection and Use of Information

Deepen collects information that you provide us directly or automatically when you use our Products and Services. This information may include data collected about your name, email, location, activity, and Products and Services usage. We may use the information for purposes such as to: provide our Products and Services functionality, improve the quality of our Products and Services, personalize your experience, track usage of our Products and Services, provide feedback to businesses and professionals whose products or services are listed on our Products and Services, display relevant advertising, evaluate the success of our advertising, provide customer support, message you (in ways described by this privacy policy and managed by you in your account settings), back up Products and Services systems and allow for disaster recovery, enhance the security of our Products and Services, fulfill transactions authorized by you on our Products and Services, and comply with legal obligations.

3. Labeling Data Processing

In the process of conducting data labeling, Deepen collects information on the documents, files, or other records containing or referencing 3D Lidar point cloud information, and/or 2D Camera information that you provide that have not been processed by our Products and Services (referred to as "Raw Data"). You have and retain all rights in your Raw Data.

"Processed Data" refers to Raw Data that have been subject to Products and Services for labeling, segmentation, noise elimination, and quality assurance. Deepen uses Processed Data solely in aggregate or other de-identified form in connection with its business to improve and enhance the Products and Services and for other development, diagnostic and corrective purposes.

Deepen collects and analyzes data and other information relating to the provision, use and performance of various aspects of the Products and Services.

4. Investigations

Deepen may investigate and disclose information from or about you, as permitted by applicable law, if we have a good faith belief that such investigation or disclosure is (a) reasonably necessary to comply with legal process and law enforcement instructions and orders, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process served on us; (b) helpful to prevent, investigate, or identify possible wrongdoing in connection with the Products and Services; or (c) helpful to protect our rights, reputation, property, or that of our users, subsidiaries, or the public.

5. Business Transfers

If Deepen is acquired by or merged with another entity, if substantially all of our assets are transferred to another company, or as part of a bankruptcy proceeding, Deepen may transfer the information we have collected about you to the other company.

6. Registration

Access to certain functionalities of our Products and Services will require you to register with and/or provide certain information to Deepen. We reserve the right to decline to provide access to our Products and Services or Information to any person for any or no reason. If and when you register with or provide information to Deepen, you agree to (a) provide accurate, current and complete information about yourself, or your business or service as part of a Provider account, as prompted (including your email address) and (b) maintain and update your information (including your email address) to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate this Agreement and your use of our Products and Services, Provider account, and/or Information. You are responsible for maintaining the confidentiality of any password or other account information not generally available to others and are fully responsible for all activities that occur under your username and password.

7. Cookies and Other Tracking Technologies

Deepen, and third parties we interact with, including our third-party service providers, use cookies, web beacons, local shared objects (sometimes called flash cookies), and similar technology in connection with your use of our Products and Services and third-party websites (collectively referred to in this policy as "Cookies"). Cookies are small data files that may have unique identifiers, and reside, among other places, on your computer or mobile device, in emails we send to you, and on our Products and Services. We may use Cookies to transmit information about you and your use of our Products and Services, such as your browser type, search preferences, data relating to advertisements that have been displayed to you or that you have clicked on, and the date and time of your use. When we use Cookies, we do so in order to further Products and Services features and processes, provide authentication and security for your transactions on our Products and Services, store your preferences, facilitate relevant advertising, and help Deepen learn more about how users engage with our Products and Services. Our Cookies may be persistent or stored only during an individual session.

You can review and change which non-essential Cookies we use at any time.

8. Account Termination and Data Retention

You can close your Deepen account at any time by going to account settings. When you close your account, you will cease to provide ongoing or future data to Products and Services. Your private contact details, such as your full name, email, and password will not be maintained. However, your data collected about your location, activity, and usage may be maintained and kept in an anonymized and deidentified format to improve the Products and Services functionality. Unless prohibited by applicable law, public postings or comments you provided to the forum associated with your public profile prior to closing your account will remain public. We may retain information about you for the purposes authorized under this Policy unless prohibited by law.

9. Security

Deepen follows generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. All data is transmitted over secure communication lines using HTTPS for communication between your devices and Deepen servers.

10. Data Storage

Any information you provide through our Products and Services may be transferred over secure communication lines using HTTPS to, stored in, or processed on Google Cloud Platform in accordance with their Data Processing and Security Terms that may be accessed here: https://cloud.google.com/terms/data-processing-terms. All information is stored using encryption.

11. Links to Other Sites

Our Products and Services contain links to other sites that are not controlled by Deepen. Please be aware that we are not responsible for the privacy practices of such other sites. We encourage you to be aware when you leave our Products and Services and read the privacy policies of each and every site you visit. This privacy policy applies only to information collected by our Products and Services.

12. No Use by Children

You hereby affirm that you are over the age of 13, as these Products and Services are not intended for children under 13. If you are under 13 years of age, then you may not use our Products and Services. You further affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Policy.

13. California

If you are a California resident you have the right to request information from Deepen regarding the manner in which Deepen shares certain categories of your personal information with third parties, for the third parties' direct marketing purposes. California law provides that you have the right to submit a request to Deepen at its designated address and receive the following information:

• The categories of information Deepen disclosed to third parties for the third parties' direct marketing purposes during the preceding calendar year; and the names and addresses of third parties that received such information, or if the nature of their business cannot be determined from the name, then examples of the products or services marketed.

You are entitled to receive a copy of this information in a standardized format and the information will not be specific to you individually. You may make such a request by emailing legal@deepen.ai.

14. Privacy Inquiries and Correcting Your Information

If you would like to review, correct, update, delete or otherwise limit Deepen's use of your personal information that was previously provided to Deepen, you may contact Deepen at legal@deepen.ai. We will comply with your request as much as is practicable and as soon as is practicable.

15. Notice

By use of our Products and Services, you consent to receive electronic communications from Deepen. You also agree that any such communications satisfy any legal requirement to make such communications in writing under this Policy or under any applicable laws or regulations. Specifically, we may provide notice to you by sending an email to the address that you provided as part of your registration for our Products and Services. Any notice to Deepen will be provided by both (a) sending an email to legal@deepen.ai; and (b) providing a copy by certified mail, return receipt requested to:

Deepen AI, 2445 Augustine Dr. Suite 150, Santa Clara, CA 95054

16. Governing Law and Venue

This Policy shall be governed in all respects by the laws of the United States of America and by the laws of the State of California. The courts of Santa Clara, California shall be the exclusive forum for any mediation, arbitration, litigation or dispute resolution.

17. Enforceability

If any provision of this Policy is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Policy and shall not affect the validity and enforceability of any remaining provisions.

18. Entire Agreement

This Policy, along with the Terms of Use, constitute the entire terms with respect to the relationship between Deepen and you and supersedes all prior agreements, whether written or oral, concerning such relationship. This Policy may not be changed, waived or modified except by Deepen as provided herein or otherwise by written instrument signed by Deepen.

19. Your Rights Under the GDPR

You have certain rights if you are within the EU. This includes:

• Right to access. This right allows you to obtain a copy of your personal data, as well as other supplementary information.
• Right to restrict processing. You have the right to restrict the processing of your personal data in certain circumstances.
• Right to rectification. You have the right to have any incomplete or inaccurate information we hold about you corrected.
• Right to object to processing. The right to object allows you to stop or prevent us from processing your personal data. This right exists where we are relying on a legitimate interest as the legal basis for processing your Personal Data. You also have the right to object where we are processing your Personal data for direct marketing purposes.
• Right to erasure. You have the right to ask us to delete or remove Personal data when the personal data is no longer necessary for the purpose which you originally collected or processed.
• Right to withdraw consent. You can withdraw your consent for Deepen AI to process your personal data at any time. Once you withdraw consent, we will stop using your data for the purpose originally agreed upon, unless there is a legal reason for continued processing (like a court order).
• Right to not be subject to automated decision making. You have a right to not be subject to a decision based solely on automated decision making, including profiling.

To exercise your rights, you can contact us at legal@deepen.ai. We have appointed a representative and its local partners to represent us in the European Union region as per Article 27 EU GDPR.

Rickert Rechtsanwaltsgesellschaft mbH
Colmantstrasse 15, 53115 Bonn, Germany
art-27-rep-deepenai@rickert.law
Website: https://rickert.law/