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H2O Privacy Policy

Last Updated: June 20, 2022
 

H2O.ai, Inc. (“H2O”) knows that you care about how your personal information is used and shared, and we take your privacy seriously. Please read the following to learn more about our privacy practices (“Privacy Policy”). By using or accessing the H2O services, including our our SaaS-based data-processing services, or visiting www.h2o.ai, (collectively, the “Services”) in any manner you acknowledge that you accept the practices and policies outlined in this Privacy Policy, and you hereby consent that we will collect, use and share your information as described in this Privacy Policy.

If you have a disability, you may access this Privacy Policy in an alternative format by contacting privacy@h2o.ai.

CALIFORNIA RESIDENTS: If you are a California resident, please see the “PRIVACY INFORMATION FOR CALIFORNIA RESIDENTS” section below.

European Union (EU), European Economic Area (EEA) and Switzerland Residents: If you are based in one of these jurisdictions, please see the “PRIVACY INFORMATION FOR EU, EAA, and SWITZERLAND RESIDENTS” section below.

What Does This Privacy Policy Cover?

This Privacy Policy covers H2O’s treatment of personally identifiable information (“Personal Information”) that H2O gathers when you access or use the Services and through other means such as our and our partner’s events, sales and marketing activities. “Personal Information” means any information that identifies or relates to a particular individual and also includes information referred to as “personal data” or “personal information” under applicable data privacy laws, rules or regulations. This Privacy Policy does not cover use of information by third parties we do not control.

What Personal Information Does H2O Collect?

We collect the following types of information from our end users:

Information You Provide to Us: We collect any information you provide in relation to the Services.

You provide information to us when you:

  • search for, subscribe to, or purchase the Services
  • create or administer your H2O account (and you might have more than one account if you have used more than one email address when using the Services)
  • register for or attend an H2O event
  • communicate with us by phone, email, or otherwise
  • complete a questionnaire, a support ticket, or other information request
  • post on H2O websites or participate in community features
  • employ notification services

Depending on your use of the Services, you might supply us with such information as:

  • your name, email address, physical address, phone number, and other similar contact information
  • payment information, including credit card and bank account information
  • information about your location
  • information about your organization and your contacts, such as colleagues or people within your organization
  • usernames, aliases, roles, and other authentication and security credential information
  • content of feedback, testimonials, inquiries, support tickets, and any phone conversations, chat sessions and emails with or to us
  • your image (still, video, and in some cases 3-D), voice, and other identifiers that are personal to you when you attend an H2O event or use certain Services
  • information regarding identity, including government-issued identification information

Automatic Information: We automatically collect certain types of information when you interact with H2O Services.

We collect information automatically when you:

  • visit, interact with, or use the Services (including when you use your computer or other device to interact with the Services)
  • download content from us
  • open emails or click on links in emails from us
  • interact or communicate with us (such as when you attend an H2O event or when you request customer support)

Examples of the information we automatically collect include:

  • network and connection information, such as the internet protocol (IP) address used to connect your computer or other device to the Internet and information about your Internet service provider
  • computer and device information, such as device, application, or browser type and version, browser plug-in type and version, operating system, or time zone setting
  • the location of your device or computer
  • authentication and security credential information
  • content interaction information, such as content downloads, streams, and playback details, including duration and number of simultaneous streams and downloads
  • Service metrics, such as Service usage, occurrences of technical errors, diagnostic reports, your settings preferences, backup information, API calls, and other logs
  • The full Uniform Resource Locators (URL) clickstream to, through, and from our website (including date and time) and the Services, content you viewed or search for, page response times, download errors, and page interaction information (such as scrolling, clicks, and mouse-overs)

Information from Other Sources: We might collect information about you from other sources, including service providers, partners, and publicly available sources.

Examples of information we receive from other sources include:

  • marketing, sales generation, and recruitment information, including your name, email address, physical address, phone number, and other similar contact information
  • subscription, purchase, support, or other information about your interactions with products and services offered by us, our affiliates, or third parties
  • search results and links, including paid listings (such as Sponsored Links)

credit history information from credit bureaus

Cookies

We use cookies, pixels, and other similar technologies (collectively, “cookies”) to recognize your browser or device, learn more about your interests, provide you with essential features and services, and for additional purposes including:

  • Recognizing you when you sign in to use our Services. This allows us to provide you with recommendations, display personalized content, and provide other customized features and services.
  • Keeping track of your specified preferences. This allows us to honor your likes and dislikes, such as your language and configuration preferences.
  • Conducting research and diagnostics to improve our Services.
  • Preventing fraudulent activity.
  • Improving security.
  • Delivering content relevant to your interests on H2O sites
  • This allows us to measure and analyze the performance of our Services.

Some H2O cookies are deleted at the end of your browsing session, while others persist between sessions. Essential H2O cookies remain on your device for up to 365 days from your last visit to our site. Other H2O cookies remain on your device for up to 365 days from their last use. For more information on our cookie use and to manage your preferences, please visit our Cookie Preferences here. 

We may serve advertisements, and also allow third-party ad networks, including third-party ad servers, ad agencies, ad technology vendors and research firms, to serve advertisements through the Services. These advertisements may be targeted to users who fit certain general profile categories or display certain preferences or behaviors (“Interest-Based Ads”). Information for Interest-Based Ads (including Personal Information) may be provided to us by you, or derived from the usage patterns of particular users on the Services and/or services of third parties. Such information may be gathered through tracking users’ activities across time and unaffiliated properties, including when you leave the Services. To accomplish this, we or our service providers may deliver Cookies, including a file (known as a “web beacon”) from an ad network to you through the Services. Web beacons allow ad networks to provide anonymized, aggregated auditing, research and reporting for us and for advertisers. Web beacons also enable ad networks to serve targeted advertisements to you when you visit other websites. Web beacons allow ad networks to view, edit or set their own Cookies on your browser, just as if you had requested a web page from their site.

Our Commercial or Business Purposes for Collecting Personal Information

  • Providing, Customizing and Improving the Services
    • Creating and managing your account or other user profiles
    • Processing orders or other transactions; billing
    • Providing you with the products, services or information you request
    • Meeting or fulfilling the reason you provided the information to us
    • Providing support and assistance for the Services
    • Improving the Services, including testing, research, internal analytics and product development
    • Personalizing the Services, website content and communications based on your preferences.
    • Doing fraud protection, security and debugging.
    • Carrying out other business purposes stated when collecting your Personal Information or as otherwise set forth in applicable data privacy laws, such as the California Consumer Privacy Act (the “CCPA”).
  • Marketing the Services
    • Marketing and selling the Services.
    • Showing you advertisements, including interest-based or online behavioral advertising.
  • Corresponding with You
    • Responding to correspondence that we receive from you, contacting you when necessary or requested, and sending you information about H2O or the Services
    • Sending emails and other communications according to your preferences or that display content that we think will interest you
  • Meeting Legal Requirements and Enforcing Legal Terms
    • Fulfilling our legal obligations under applicable law, regulation, court order or other legal process, such as preventing, detecting and investigating security incidents and potentially illegal or prohibited activities
    • Protecting the rights, property or safety of you, H2O or another party
    • Enforcing any agreements with you
    • Responding to claims that any posting or other content violates third-party rights
    • Resolving disputes

We will not collect additional categories of Personal Information or use the Personal Information we collected for materially different, unrelated or incompatible purposes without providing you notice.

How does H2O use and share Personal Information?

We only use your Personal Information to: (i) provide Services to our users and (ii) further develop and improve such Services. In order to do so we disclose your Personal Information to the categories of service providers and other parties listed in this section. 

Service Providers: We may employ other companies and people to perform tasks on our behalf – meaning they are helping us provide our Services or perform business functions. We may share your Personal Information with such companies/persons solely as necessary for them to help us provide the Services or perform business functions. Unless we tell you differently, H2O’s service provider do not have any right to use Personal Information we share with them beyond what is necessary to assist us. They include:

  • Hosting, technology and communication providers.
  • Security and fraud prevention consultants.
  • Support and customer service vendors.
  • Product fulfillment and delivery providers.

Advertising Partners. These parties help us market our services and provide you with other offers that may be of interest to you. They include:

  • Ad networks.
  • Data brokers.
  • Marketing providers.

Analytics Partners. These parties provide analytics on web traffic or usage of the Services. They include:

  • Companies that track how users found or were referred to the Services.
  • Companies that track how users interact with the Services.

Business Partners. These parties partner with us in offering various services. They include:

  • Businesses that you have a relationship with.
  • Companies that we partner with to offer joint promotional offers or opportunities.

Parties You Authorize, Access or Authenticate.

  • Third parties you access through the services.
  • Social media services.
  • Other users.

Business Transfers: All of your Personal Information that we collect may be transferred to a third party if we undergo a merger, acquisition, bankruptcy or other transaction in which that third party assumes control of our business (in whole or in part). Should one of these events occur, we will make reasonable efforts to notify you before your information becomes subject to different privacy and security policies and practices.

Legal Obligations: We may share any Personal Information that we collect with third parties in conjunction with any of the activities set forth under “Meeting Legal Requirements and Enforcing Legal Terms” in the “Our Commercial or Business Purposes for Collecting Personal Data” section above.

Data that is Not Personal Information: We may create aggregated, de-identified or anonymized data from the Personal Information we collect, including by removing information that makes the data personally identifiable to a particular user. We may use such aggregated, de-identified or anonymized data and share it with third parties for our lawful business purposes, including to analyze, build and improve the Services and promote our business, provided that we will not share such data in a manner that could identify you.  

How long we keep your personal information

We retain information as long as it is necessary to provide the Services to you and our Clients, subject to any legal obligations to further retain such information.

We may also retain information to comply with the law, prevent fraud, collect fees, resolve disputes, troubleshoot problems, assist with investigations, enforce our Terms of Service and take other actions permitted by law.

The information we retain will be handled in accordance with this Privacy Policy.

Information connected to you that is no longer necessary and relevant to provide our Services may be de-identified or aggregated with other non-personal data to provide insights which are commercially valuable to H2O, such as statistics of the use of the Services.

Children’s Personal Information

As noted in the Terms of Use, we do not knowingly collect or solicit Personal Information about users under 18 years of age; if you are a user under the age of 18, please do not attempt to register for or otherwise use the Services or send us any Personal Information. If we learn we have collected Personal Information from a user under 18 years of age, we will delete that information as quickly as possible. If you believe that a child under 18 years of age may have provided Personal Information to us, please contact us at privacy@h2o.ai. 

PRIVACY INFORMATION FOR CALIFORNIA RESIDENTS

If you are a California resident, California law requires us to provide you with some additional information regarding how we collect, use, and share your “personal information” (as defined in the California Consumer Privacy Act (“CCPA”)). Please note that we may process Personal Information of our Clients’ end users or employees in connection with our provision of certain services to our Clients. If we are processing your Personal Information as a service provider, you should contact the entity that collected your Personal Information in the first instance to address your rights with respect to such data.

If there are any conflicts between this section and any other provision of this Privacy Policy and you are a California resident, the portion that is more protective of Personal Information shall control to the extent of such conflict. If you have any questions about this section or whether any of the following rights apply to you, please contact us at privacy@h2o.ai.

Under the CCPA, we are also required to provide you with the “categories” of personal information we collect and the categories of third parties to which we disclose personal information. We only collect the information described in the “Information You Provide to Us” section above. We do not sell or otherwise share that information with any third parties.

Your California Privacy Rights

Access

You have the right to request certain information about our collection and use of your Personal Information over the past 12 months. In response, we will provide you with the following information:

  • The categories of Personal Information that we have collected about you.
  • The categories of sources from which that Personal Information was collected.
  • The business or commercial purpose for collecting or selling your Personal Information.
  • The categories of third parties with whom we have shared your Personal Information.
  • The specific pieces of Personal Information that we have collected about you.

If we have disclosed your Personal Information to any third parties for a business purpose over the past 12 months, we will identify the categories of Personal Information shared with each category of third party recipient. If we have sold your Personal Information over the past 12 months, we will identify the categories of Personal Information sold to each category of third party recipient.

Deletion

You have the right to request that we delete the Personal Information that we have collected about you. Under the CCPA, this right is subject to certain exceptions: for example, we may need to retain your Personal Information to provide you with the Services or complete a transaction or other action you have requested. If your deletion request is subject to one of these exceptions, we may deny your deletion request. 

Exercising Your Rights

To exercise the rights described above, you or your Authorized Agent (defined below) must send us a request that (1) provides sufficient information to allow us to verify that you are the person about whom we have collected Personal Information, and (2) describes your request in sufficient detail to allow us to understand, evaluate and respond to it. Each request that meets both of these criteria will be considered a “Valid Request.” We may not respond to requests that do not meet these criteria. We will only use Personal Information provided in a Valid Request to verify your identity and complete your request. You do not need an account to submit a Valid Request.

We will work to respond to your Valid Request within 45 days of receipt. We will not charge you a fee for making a Valid Request unless your Valid Request(s) is excessive, repetitive or manifestly unfounded. If we determine that your Valid Request warrants a fee, we will notify you of the fee and explain that decision before completing your request.

You may submit a Valid Request using the following methods:

You may also authorize an agent (an “Authorized Agent”) to exercise your rights on your behalf. To do this, you must provide your Authorized Agent with written permission to exercise your rights on your behalf, and we may request a copy of this written permission from your Authorized Agent when they make a request on your behalf.

Personal Data Sales Opt-Out and Opt-In

We will not sell your Personal Information and have not done so over the last 12 months. To our knowledge, we do not sell the Personal Information of minors under 16 years of age.

We Will Not Discriminate Against You for Exercising Your Rights Under the CCPA

We will not discriminate against you for exercising your rights under the CCPA. We will not deny you our goods or services, charge you different prices or rates, or provide you a lower quality of goods and services if you exercise your rights under the CCPA.

Shine the Light Disclosure. The California “Shine the Light” law gives residents of California the right under certain circumstances to request information from us regarding the manner in which we share certain categories of personal information (as defined in the Shine the Light law) with third parties for their direct marketing purposes. In order to submit such a request please contact us at privacy@h2o.ai.

Nevada Resident Rights. 

If you are a resident of Nevada, you have the right to opt-out of the sale of certain Personal Information to third parties who intend to license or sell that Personal Information. Please note that we do not currently sell your Personal Data as sales are defined in Nevada Revised Statutes Chapter 603A.

PRIVACY INFORMATION FOR EU, EAA, and SWITZERLAND RESIDENTS

For individuals based in European Union (EU), European Economic Area (EEA) and Switzerland.

For this section, we use the terms “Personal Data” and “processing” as they are defined in the GDPR, but “personal data” generally means information that can be used to individually identify a person, and “processing” generally covers actions that can be performed in connection with data such as collection, use, storage and disclosure. If you are based in one of these jurisdictions, H2O is the controller of your personal data collected in the following instances:

  • When you visit our Website H2O.ai or otherwise use the Services
  • When we process your personal data for sales and marketing purposes

Personal Data We Collect

The “Categories of Personal Data We Collect” section above details the personal data that we collect from you.

Personal Data Use and Processing Grounds

The “Our Commercial or Business Purposes for Collecting Personal Information” section above explains how we use your personal data. We only process personal data if we have a lawful basis for doing so. The lawful bases applicable to our processing as controller are:

  • Consent – We will ask for your express and informed consent every time we collect your personal data on this legal basis.
  • Contractual basis – We process the personal data as necessary to fulfill our contractual terms with you or our Clients.
  • Legitimate interest –We process the following categories of personal data when we believe it furthers the legitimate interest of us or third parties: 
    • Profile or contact Data
    • Professional or employment related data
    • Device/IP data
    • Web analytics
    • Geolocation data
    • Other identifying information that you voluntarily choose to provide
    • We may also de-identify or anonymize personal data to further our legitimate interests. 

Examples of these legitimate interests include:

  • Providing, customizing and improving the Services.
  • Marketing the Services.
  • Corresponding with you.
  • Meeting legal requirements and enforcing legal terms.
  • Completing corporate transactions

Other Processing Grounds – From time to time we may also need to process personal data to comply with a legal obligation, if it is necessary to protect the vital interests of you or other data subjects, or if it is necessary for a task carried out in the public interest.

Sharing Personal Data

The “How We Share Your Personal Information” section above details how we share your personal data with third parties.

EU Data Subject Rights

You have certain rights with respect to your personal data, including those set forth below. For more information about these rights, or to submit a request, please email us at privacy@H2O.ai. Please note that in some circumstances, we may not be able to fully comply with your request, such as if it is frivolous or extremely impractical, if it jeopardizes the rights of others, or if it is not required by law, but in those circumstances, we will still respond to notify you of such a decision. In some cases, we may also need you to provide us with additional information, which may include personal information, if necessary to verify your identity and the nature of your request.  

  • Access:  You can request more information about the Personal Data we hold about you and request a copy of such personal data.
  • Rectification:  If you believe that any personal data we are holding about you is incorrect or incomplete, you can request that we correct or supplement such data. 
  • Erasure:  You can request that we erase some or all of your personal data from our systems.  
  • Withdrawal of Consent:  If we are processing your personal data based on your consent (as indicated at the time of collection of such data), you have the right to withdraw your consent at any time. Please note, however, that if you exercise this right, you may have to then provide express consent on a case-by-case basis for the use or disclosure of certain of your personal data, if such use or disclosure is necessary to enable you to utilize some or all of our Services. 
  • Portability:  You can ask for a copy of your personal data in a machine-readable format. You can also request that we transmit the data to another controller where technically feasible. 
  • Objection:  You can contact us to let us know that you object to the further use or disclosure of your personal data for certain purposes, such as for direct marketing purposes. 
  • Restriction of Processing:  You can ask us to restrict further processing of personal data.

Right to File Complaint:  You have the right to lodge a complaint about H2O’s practices with respect to your personal data with the supervisory authority of your country or EU Member State. A list of Supervisory Authorities is available here: https://edpb.europa.eu/about-edpb/board/members_en.Protection 

Transfers of Personal Data

We process personal data in United States and share it with our service providers, located in the United States and other jurisdictions. If you do not reside in the U.S., laws in the U.S. may differ from the laws where you reside. By using the Services, you acknowledge that any personal about you, regardless of whether provided by you or obtained from a third party, is being provided to H2O in the U.S. and will be hosted on U.S. servers, and you authorize H2O to transfer, store and process your information to and in the U.S., and possibly other countries. We use standard contractual clauses as the data transfer mechanism of transferring EU data to countries subject to data transfer requirements. 

You may also lodge a complaint with your local supervisory authority, EU Data Protection Authorities (DPAs) or Swiss Federal Data and Information Commissioner (FDPIC). See their contact details here National Data Protection Authorities.

CONDITIONS OF USE

If you decide to access or use the Services, any possible dispute over privacy is subject to this Privacy Policy and any other applicable written agreement between you and H2O, including limitations on damages, arbitration of disputes, and application of California state law.

How to Unsubscribe

If you no longer wish to receive marketing-related emails from us on a going-forward basis, you may opt-out of receiving these emails by clicking “Unsubscribe” at the bottom of any marketing email you receive from us or by contacting us at privacy@h2o.ai.

Changes to this Privacy Policy

H2O may amend this Privacy Policy from time to time. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is used. If we make changes in the way we use Personal Information, we will notify you by posting the new privacy statement on our website at https://www.h2o.ai/privacy. Users are bound by any changes to the Privacy Policy when he or she uses the Services after such notice has been provided.

Questions or Concerns

If you have any questions or concerns regarding privacy in connection with the Services, please send us a detailed message at privacy@h2o.ai. We will make every effort to resolve your concerns.

H2O Legal & Privacy
2307 Leghorn Street
Mountain View, CA 94043
Telephone: +1 (650) 227- 4572
Email: privacy@h2o.ai

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