Privacy and Data Policy

Last updated 5/25/2018

Privacy Policy

Thank you for choosing to be part of our community at Tresl, Inc. (“Company”, “we”, “us”, or “our”). We are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about our policy, or our practices with regards to your personal information, please contact us at legal@tresl.co.

When you visit our website https://tresl.co or any subdomains (including but not limited to https://help.tresl.co and https://segments.tresl.co), and use our services, you trust us with your personal information. We take your privacy very seriously. In this privacy notice, we describe our privacy policy. We seek to explain to you in the clearest way possible what information we collect, how we use it and what rights you have in relation to it. We hope you take some time to read through it carefully, as it is important. If there are any terms in this privacy policy that you do not agree with, please discontinue use of our Sites and our services.

This privacy policy applies to all information collected through our website (such as https://segments.tresl.co/), and/or any related services, sales, marketing, or events (we refer to them collectively in this privacy policy as the "Sites").

1. WHAT INFORMATION DO WE COLLECT?

Personal information you disclose to us

In Short: We collect personal information that you provide to us such as name, address, contact information, passwords and security data, and payment information.

We collect personal information that you voluntarily provide to us when registering at the Sites expressing an interest in obtaining information about us or our products and services, when participating in activities on the Sites or otherwise contacting us.

The personal information that we collect depends on the context of your interactions with us and the Sites, the choices you make and the products and features you use. The personal information we collect can include the following:

  • Name and Contact Data. We collect your first and last name, email address, postal address, phone number, and other similar contact data.
  • Credentials. We collect passwords, password hints, and similar security information used for authentication and account access.
  • Payment Data. We collect data necessary to process your payment if you make purchases, such as your payment instrument number (such as a credit card number), and the security code associated with your payment instrument. All payment data is stored by our payment processor and you should review its privacy policies and contact the payment processor directly to respond to your questions.

All personal information that you provide to us must be true, complete and accurate, and you must notify us of any changes to such personal information.

Information automatically collected

In Short: Some information – such as IP address and/or browser and device characteristics – is collected automatically when you visit our Sites. We automatically collect certain information when you visit, use or navigate the Sites. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Sites and other technical information. This information is primarily needed to maintain the security and operation of our Sites, and for our internal analytics and reporting purposes. Like many businesses, we also collect information through cookies and similar technologies.

Information collected from other sources

In Short: We may collect limited data from public databases, marketing partners, and other outside sources. We may obtain information about you from other sources, such as public databases, joint marketing partners, as well as from other third parties. Examples of the information we receive from other sources include: social media profile information; marketing leads and search results and links, including paid listings (such as sponsored links).

2. HOW DO WE USE YOUR INFORMATION?

In Short: We process your information for purposes based on legitimate business interests, the fulfillment of our contract with you, compliance with our legal obligations, and/or your consent.

We use personal information collected via our Sites for a variety of business purposes described below. We process your personal information for these purposes in reliance on our legitimate business interests ("Business Purposes"), in order to enter into or perform a contract with you ("Contractual"), with your consent ("Consent"), and/or for compliance with our legal obligations ("Legal Reasons"). We indicate the specific processing grounds we rely on next to each purpose listed below. We use the information we collect or receive:

  • To facilitate account creation and logon process with your Consent. If you choose to link your account with us to a third party account *(such as your Google or Facebook account), we use the information you allowed us to collect from those third parties to facilitate account creation and logon process.
  • To send you marketing and promotional communications for Business Purposes and/or with your Consent. We and/or our third party marketing partners may use the personal information you send to us for our marketing purposes, if this is in accordance with your marketing preferences. You can opt­out of our marketing emails at any time (see the "WHAT ARE YOUR PRIVACY RIGHTS" below).
  • To send administrative information to you for Business Purposes, Legal Reasons and/or possibly for Contractual. We may use your personal information to send you product, service and new feature information and/or information about changes to our terms, conditions, and policies.
  • Fulfill and manage your orders for Contractual reasons. We may use your information to fulfill and manage your orders, payments, returns, and exchanges made through the Sites.
  • Request Feedback for our Business Purposes and/or with your Consent. We may use your information to request feedback and to contact you about your use of our Sites.
  • To protect our Sites for Business Purposes and/or for Legal Reasons. We may use your information as part of our efforts to keep our Sites safe and secure (for example, for fraud monitoring and prevention).
  • To enforce our terms, conditions and policies for Business Purposes, Legal Reasons and/or possibly Contractual.
  • To respond to legal requests and prevent harm for Legal Reasons. If we receive a subpoena or other legal request, we may need to inspect the data we hold to determine how to respond.
  • For other Business Purposes. We may use your information for other Business Purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Sites, products, services, marketing and your experience.

3. WILL YOUR INFORMATION BE SHARED WITH ANYONE?

In Short: We only share information with your consent, to comply with laws, to protect your rights, or to fulfill business obligations.

We only share and disclose your information in the following situations:

  • Compliance with Laws. We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).
  • Vital Interests and Legal Rights. We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.
  • Vendors, Consultants and Other Third­Party Service Providers. We may share your data with third party vendors, service providers, contractors or agents who perform services for us or on our behalf and require access to such information to do that work. Examples include: payment processing, data analysis, email delivery, hosting services, customer service and marketing efforts. We may allow selected third parties to use tracking technology on the Sites, which will enable them to collect data about how you interact with the Sites over time. This information may be used to, among other things, analyze and track data, determine the popularity of certain content and better understand online activity. Unless described in this Policy, we do not share, sell, rent or trade any of your information with third parties for their promotional purposes.
  • Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
  • With your Consent. We may disclose your personal information for any other purpose with your consent.

4. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?

In Short: We may use cookies and other tracking technologies to collect and store your information.

We may use cookies and similar tracking technologies (like web beacons and pixels) to access or store information. Specific information about how we use such technologies and how you can refuse certain cookies is set out in our Cookie Policy.

5. HOW LONG DO WE KEEP YOUR INFORMATION?

In Short: We keep your information for as long as necessary to fulfill the purposes outlined in this privacy policy unless otherwise required by law.

We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy policy, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements). No purpose in this policy will require us keeping your personal information for longer than 90 days past the termination of the user's account.

When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

6. HOW DO WE KEEP YOUR INFORMATION SAFE?

In Short: We aim to protect your personal information through a system of organizational and technical security measures.

We have implemented appropriate technical and organizational security measures designed to protect the security of any personal information we process. However, please also remember that we cannot guarantee that the internet itself is 100% secure. Although we will do our best to protect your personal information, transmission of personal information to and from our Sites is at your own risk. You should only access the services within a secure environment.

7. DO WE COLLECT INFORMATION FROM MINORS?

In Short: We do not knowingly collect data from or market to children under 18 years of age.

We do not knowingly solicit data from or market to children under 18 years of age. By using the Sites, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the Sites. If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we have collected from children under age 18, please contact us at legal@tresl.co.

8. WHAT ARE YOUR PRIVACY RIGHTS?

In Short: You may review, change, or terminate your account at any time.

If you are resident in the European Economic Area and you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here: http://ec.europa.eu/justice/dataprotection/bodies/authorities/index_en.htm

Account Information

If you would at any time like to review or change the information in your account or terminate your account, you can:

  • Log into your account settings and update your user account.

Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, some information may be retained in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Use and/or comply with legal requirements.

Cookies and similar technologies: Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Sites. To opt­out of interest­based advertising by advertisers on our Sites visit http://www.aboutads.info/choices/.

Opting out of email marketing: You can unsubscribe from our marketing email list at any time by clicking on the unsubscribe link in the emails that we send or by contacting us using the details provided below. You will then be removed from the marketing email list – however, we will still need to send you service­related emails that are necessary for the administration and use of your account. To otherwise opt­out, you may:

  • Note your preferences when you register an account with the site.
  • Access your account settings and update preferences.

9. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?

In Short: Yes, if you are a resident of California, you are granted specific rights regarding access to your personal information.

California Civil Code Section 179 8.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal 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 to us using the contact information provided below.

If you are under 18 years of age, reside in California, and have a registered account with the Sites, you have the right to request removal of unwanted data that you publicly post on the Sites. To request removal of such data, please contact us using the contact information provided below, and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Sites, but please be aware that the data may not be completely or comprehensively removed from our systems.

10. DO WE MAKE UPDATES TO THIS POLICY?

In Short: Yes, we will update this policy as necessary to stay compliant with relevant laws.

We may update this privacy policy from time to time. The updated version will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy policy, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy policy frequently to be informed of how we are protecting your information.

11. HOW CAN YOU CONTACT US ABOUT THIS POLICY?

If you have questions or comments about this policy, you may email us at legal@tresl.co or by post to:

Tresl, Inc.
855 El Camino Real Ste 13A­125
Palo Alto, CA 94301
United States

Data Interchange Agreement

Effective as of 5/25/2018

This Customer Data Interchange Agreement (“Agreement”) is entered into by and between Tresl, Inc. (“Tresl”) and the undersigned data owner (“Data Owner”)

  • A. Tresl provides analytical services in data science and AI and, incident to such services, aggregates, processes, transforms and analyses data records such as product data, consumer data or order data, for patterns, relationships and other metadata;
  • B. Data Owner would benefit from the ability to access analytical services performed by Tresl on Data Owner’s non-personally identifiable data as well as non-personally identifiable data of other sources; and
  • C. Tresl has indicated an interest in accessing Data Owner’s non-personally identifiable data which Data Owner considers to be confidential and proprietary. This Agreement sets forth the terms and conditions under which Data Owner will permit Tresl to access such information and Tresl’s use thereof.

In consideration of the promises set forth in this Agreement, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

1. Definitions.

  • (a) “Conclusions” means the non-personally identifiable, aggregated, processed, transformed, analyzed metadata generated by Tresl as a result of the Data Processing as well as all conclusions and results achieved by Tresl through Data Processing of the Customer Data.
  • (b) “Customer Data” means the unmodified data, such as but not limited to product data, consumer data, and order data maintained by Data Owner.
  • (c) “Data Processing” means anonymizing, aggregating, processing and analyzing Customer Data.
  • (d) “Privacy Policy” means Data Owner’s privacy policy or written privacy practices.

2. General Obligations of Data Owner.

  • (a) Data Owner shall Provide Tresl with access to the Customer Data for the sole purpose of Tresl conducting Data Processing.
  • (b) Data Owner shall provide Tresl with its Privacy Policy, and any changes or limitations to such Privacy Policy, to the extent that such changes or limitations may affect Tresl’s access to Customer Data and ability to engage in Data Processing under this Agreement.
  • (c) Data Owner shall notify Tresl of any restriction to the use or disclosure of Customer Data that Data Owner has agreed to, to the extent that such restriction may affect Tresl’s access to Customer Data and ability to engage in Data Processing under this Agreement.
  • (d) Data Owner shall notify Tresl of any changes in or revocation of permission by an individual to use or disclose Customer Data, if such change or revocation may affect Tresl’s access to Customer Data and ability to engage in Data Processing under this Agreement.

3. General Obligations of Tresl

  • (a) Tresl agrees to access the Customer Data only in a manner that is consistent with this Agreement, the Privacy Policy and only in connection with Data Processing.
  • (b) Tresl agrees to make uses and requests for Customer Data consistent with Data Owner’s Privacy Policies only, it being acknowledged that Tresl is not directly collecting or dealing with any personally identifiable Customer Data.
  • (c) Tresl may not use or disclose Customer Data in a manner that would violate
  • (i) the Privacy Policy; or (ii) any applicable laws if done by Data Owner.
  • (d) Tresl agrees to use appropriate safeguards to prevent use or disclosure of Customer Data other than as permitted under this Agreement.

4. Restrictions.

Notwithstanding anything else to the contrary, Tresl shall not directly or indirectly:

  • (a) permit the use of the Customer Data by any users other than its employees that have a need to use the Customer Data in order for Tresl to perform the Data Processing;
  • (b) copy any of the Customer Data through any means;
  • (c) track or attempt to track or identify any individual or otherwise copy or attempt to copy any personally identifiable information;
  • (d) sell, license, transfer, lease, give away, distribute or otherwise dispose of any of the Customer Data; and/or
  • (e) grant any sublicenses or any other subsidiary uses of the Customer Data.

5. Ownership Rights.

  • (a) Tresl acknowledges that the grant of access to the Customer Data is not a sale, nor an offer to sell the Customer Data in the future. Tresl acknowledges that the Customer Data is proprietary to Data Owner. As between the parties, Data Owner shall retain all right, title and interest in and to the Customer Data. Tresl shall use the Customer Data in compliance with all applicable national, state and local laws and regulations.
  • (b) As between the parties, Tresl shall retain all right, title and interest in and to the Conclusions. For the avoidance of doubt, the parties agree that the Conclusions are separate and apart from the Customer Data and shall not be deemed to be Customer Data.

6. Notification.

  • (a) Tresl agrees to report to Data Owner any unauthorized use or disclosure of Customer Data, including, any personally identifiable information, of which it becomes aware within one (1) calendar day of Tresl’s discovery. Such notice shall include the identification of each individual whose personally identifiable information has been, or is reasonably believed by Tresl to have been, accessed, acquired, or disclosed without authority.
  • (b) In the event of Tresl’s use or disclosure of Customer Data in violation of applicable laws, Tresl bears the burden of demonstrating that notice as required under this Section 4 was made, including evidence demonstrating the necessity of any delay, or that the use or disclosure was authorized and within the scope of this Agreement.

7. Indemnification.

Tresl shall indemnify, defend and hold harmless the Data Owner from and against any and all losses, expense, damage or injury (including, without limitation, all costs and reasonable attorneys’ fees) that the Data Owner may sustain as a result of, or arising out of

  • (a) Any unauthorized use, disclosure or breach of Customer Data by Tresl,
  • (b) Tresl’s failure to notify any and all parties required to receive notification pursuant to Section 5, or
  • (c) any negligence or willful misconduct by Tresl or its agents.

8. Independent Contractors.

Nothing in this Agreement shall be construed as establishing any joint venture or other business relationship or as representing any commitment by either party to enter into any license or other agreement by implication or otherwise. Tresl shall be responsible for its own expenses in conducting the Data Processing, and Data Owner shall have no obligation to pay Tresl therefor.

9. No Warranty; Limitation.

ALL CUSTOMER DATA PROVIDED PURSUANT HERETO ARE SUPPLIED TO TRESL “AS IS,” WITH NO WARRANTIES, EXPRESS OR IMPLIED, AND DATA OWNER EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NO INFRINGEMENT. IN NO EVENT SHALL EITHER PARTY BE LIABLE UNDER ANY LEGAL THEORY (INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT OR WARRANTY OF ANY KIND) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS), RELATING TO THIS AGREEMENT, EVEN IF SUCH PARTY HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES.

10. Miscellaneous.

No implied license or right is granted to Tresl, directly or indirectly, with respect to any Customer Data. This Agreement contains the entire agreement between the parties with respect to the subject matter contained herein and supersedes any previous understandings, commitments or agreements, oral or written with respect thereto. No modification or amendment of this Agreement shall be effective unless it is in writing signed by both parties hereto. Neither party may assign this Agreement without consent; except that either party may assign this Agreement to an entity that acquires all or substantially all of that party’s assets or business to which this Agreement relates, provided that the assignee agrees in writing to be bound by the terms of this Agreement. This Agreement shall be governed by and construed under California law as applied to agreements entered into and performed in California by California residents. Each signatory of this Agreement represents that he/she is authorized to bind the party to this Agreement for which he/she is the signatory.