1. Introduction

Gioconda AI (“we,” “us,” or “our”) operates the website www.gioconda.ai (hereinafter referred to as the “Service”).

This Privacy Policy governs your visit to www.gioconda.ai and our suite of web and mobile applications, outlining how we collect, safeguard, and disclose information resulting from your use of the Service.

We use your data to provide and enhance our services. By using the Service, you consent to the collection and use of information in accordance with this Privacy Policy. Unless otherwise defined in this Privacy Policy, the terms used herein have the same meanings as those in our Terms and Conditions.

Our Terms and Conditions (“Terms”) govern all use of the Service, and together with this Privacy Policy, constitute your agreement with us (“Agreement”).

2. Definitions

• SERVICE refers to the website www.gioconda.ai and any associated web, mobile, or other applications operated by Gioconda AI.
• PERSONAL DATA means any data that pertains to a living individual who can be identified, either directly or indirectly, from such data or from those and other information in our possession or likely to come into our possession.
• USAGE DATA refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (e.g., the duration of a page visit).
• COOKIES are small files stored on your device (computer or mobile device) to collect information.
• DATA CONTROLLER refers to a natural or legal person who determines, either alone or jointly with others, the purposes and means of processing personal data. For the purposes of this Privacy Policy, we are the Data Controller of your data.
• DATA PROCESSORS (OR SERVICE PROVIDERS) are natural or legal persons who process data on behalf of the Data Controller. We may use third-party Service Providers to process your data more efficiently.
• DATA SUBJECT is any living individual who is the subject of Personal Data.
• THE USER refers to the individual using our Service. The User corresponds to the Data Subject, who is the subject of Personal Data.

3. Information Collection and Use

We collect various types of information for different purposes in order to provide and improve our Service to you.

4. Types of Data Collected

Personal Data

While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”). Personally identifiable information may include, but is not limited to:

• Email address
• First name and last name
• Phone number
• Address, State, Province, ZIP/Postal code, City
• Cookies and Usage Data

We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link.

Usage Data

We may also collect information that your browser sends whenever you visit our Service or when you access Service by or through a mobile device (“Usage Data”).

This Usage Data may include information such as your computer’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service 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 Service with a mobile device, this Usage Data may include information such as 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.

Location Data

We may use and store information about your location if you give us permission to do so (“Location Data”). We use this data to provide features of our Service and to improve and customize our Service.

You can enable or disable location services when you use our Service at any time by way of your device settings.

Tracking Cookies Data

We use cookies and similar tracking technologies to track the activity on our Service and we hold certain information.

Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Other tracking technologies are also used such as beacons, tags and scripts to collect and track information and to improve and analyze our Service.

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.

Examples of Cookies We Use:

• Session Cookies: Used to operate our Service.
• Preference Cookies: Used to remember your preferences and settings.
• Security Cookies: Used for security purposes.
• Advertising Cookies: Used to serve you with advertisements that may be relevant to you and your interests.

Other Data

While using our Service, we may also collect the following information: sex, age, date of birth, place of birth, passport details, citizenship, registration at place of residence and actual address, telephone number (work, mobile), details of documents on education, qualification, professional training, employment agreements, non-disclosure agreements, information on bonuses and compensation, information on marital status, family members, social security (or other taxpayer identification) number, office location and other data.

4A. AI Interaction Data

In addition to the data described above, we collect and process conversational and interaction data, including:

• Voice recordings and call audio
• Call transcripts and chat logs
• SMS and messaging interactions
• Interaction metadata (including timestamps, routing paths, session identifiers, and contextual signals)

This data is used to:

• Deliver AI-powered responses
• Enable automation features such as scheduling, routing, and transactional processing
• Improve system accuracy, performance, and reliability

You acknowledge and agree that:

• AI-generated outputs are probabilistic in nature
• Such outputs may be incomplete, inaccurate, or contextually incorrect
• You should not rely solely on AI-generated outputs for critical decisions

5. Use of Data

Gioconda AI uses the collected data for various purposes:

• To provide and maintain our Service;
• To notify you about changes to our Service;
• To allow you to participate in interactive features of our Service when you choose to do so;
• To provide customer support;
• To gather analysis or valuable information so that we can improve our Service;
• To monitor the usage of our Service;
• To detect, prevent and address technical issues;
• To fulfill any other purpose for which you provide it;
• To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection;
• To provide you with notices about your account and/or subscription, including expiration and renewal notices, email instructions, etc.;
• 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;
• In any other way we may describe when you provide the information;
• For any other purpose with your consent.

5A. AI Training and Model Development

We may use anonymized, aggregated, or de-identified interaction data, including AI Interaction Data, to:

• Train, refine, and improve AI models
• Enhance system accuracy and performance
• Develop new features and capabilities

Where required by applicable law, users may request limitations on such processing.

6. Retention of Data

We will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

We will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period, except when this data is used to strengthen the security or improve our service's functionality, or we are legally obligated to retain this data for longer periods.

7. Transfer of Data

Your information, including Personal Data, 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 from those of your jurisdiction.

If you are located outside the United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to the United States and process it there.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

Gioconda AI will take all the steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy, and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place, including the security of your data and other personal information.

8. Disclosure of Data

We may disclose personal information that we collect, or you provide:

Disclosure for Law Enforcement

Under certain circumstances, we may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities.

Business Transaction

If our subsidiaries or we are involved in a merger, acquisition, or asset sale, your Personal Data may be transferred.

Other Cases

We may disclose your information also:

• To our subsidiaries and affiliates;
• To contractors, service providers, and other third parties we use to support our business;
• To fulfill the purpose for which you provide it;
• For the purpose of including your company’s logo on our website;
• For any other purpose disclosed by us when you provide the information;
• With your consent in any other cases;
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers, or others.

9. Data Security

We prioritize the security of your data. However, please be aware that no method of transmission over the Internet or electronic storage is entirely secure. While we make every effort to employ commercially reasonable measures to protect your Personal Data, we cannot guarantee its absolute security.

Your Data Protection Rights Under the General Data Protection Regulation (GDPR)

If you are a resident of the European Union (EU) or the European Economic Area (EEA), you are entitled to specific data protection rights under the GDPR. For further details, please refer to the official document available at EUR-Lex.

We are committed to taking reasonable steps to enable you to correct, amend, delete, or limit the use of your Personal Data. Should you wish to access the Personal Data we hold about you or request its removal from our systems, please contact us at help@gioconda.ai.

In certain circumstances, you have the following data protection rights:

• The right to access, update, or delete the information we hold about you.
• The right of rectification: You have the right to have any inaccurate or incomplete information corrected.
• The right to object: You have the right to object to our processing of your Personal Data.
• The right of restriction: You have the right to request that we restrict the processing of your Personal Data.
• The right to data portability: You have the right to request a copy of your Personal Data in a structured, machine-readable, and commonly used format.
• The right to withdraw consent: You may withdraw your consent at any time where we rely on your consent to process your Personal Data.

Please note that we may request verification of your identity before responding to such requests. Additionally, certain services may not be available without the necessary data.

You also have the right to file a complaint with a Data Protection Authority regarding our collection and use of your Personal Data. Please contact your local data protection authority in the EEA for more information.

Your Data Protection Rights Under the California Privacy Protection Act (CalOPPA)

The California Online Privacy Protection Act (CalOPPA) is the first state law in the United States to require commercial websites and online services to post a privacy policy. This law extends beyond California to any entity operating websites that collect personally identifiable information from California consumers.

As required by CalOPPA, we agree to the following:

• Users can visit our site anonymously.
• Our Privacy Policy link includes the word “Privacy” and is clearly visible on the homepage of our website.
• Users will be notified of any changes to our Privacy Policy via the Privacy Policy page.
• Users can update their personal information by emailing us at help@gioconda.ai.

Our Policy on “Do Not Track” Signals

We honor “Do Not Track” signals and do not track, plant cookies, or use advertising when a Do Not Track browser mechanism is in place. "Do Not Track" is a preference you can set in your web browser to notify websites that you do not wish to be tracked.

You can enable or disable "Do Not Track" by visiting the Preferences or Settings page of your web browser.

Your Data Protection Rights Under the California Consumer Privacy Act (CCPA)

If you are a resident of California, you are entitled to learn what personal data we collect about you, request the deletion of your data, and opt-out of the sale (or sharing) of your personal information. To exercise your rights under the CCPA, you may submit specific requests to us, including:

10. Request for Personal Information

If you wish to request information about the personal data we have collected about you, we will provide the following details:

• The categories of personal information we have collected.
• The sources from which we collect your personal information.
• The business or commercial purpose for collecting or sharing your personal information.
• The categories of third parties with whom we share your personal information.
• The specific pieces of personal information we have collected about you.
• A list of categories of personal information that we have sold, along with the identity of any third parties to whom it was sold. If we have not sold your personal information, we will inform you of this.
• A list of categories of personal information that we have disclosed for a business purpose, along with the identity of any third parties with whom it was shared.

Please note that you are entitled to request this information up to twice within a rolling twelve-month period. The information provided will be limited to the personal data we collected about you during the preceding 12 months.

Request to Delete Personal Information

If you wish to request the deletion of your personal data, we will remove the information we hold about you from our records as of the date of your request. We will also instruct any third-party service providers to do the same. In some cases, we may achieve this through de-identification of the data. Please note that if you request the deletion of your personal data, you may no longer be able to access certain features or services that require your personal information to function.

Request to Stop the Sale of Personal Information

We do not sell your personal information for monetary compensation. However, under certain circumstances, the transfer of personal information to a third party, or within our family of companies, without monetary consideration may be classified as a "sale" under California law.

If you wish to opt out of the sale of your personal information, please submit your request by clicking the "Do Not Sell My Personal Information" link located at the bottom of our homepage.

Please be aware that requesting the deletion or cessation of the sale of your personal information may affect your experience with us, and you may be unable to participate in certain programs or services that rely on the use of your personal information. However, we will not discriminate against you for exercising your rights.

How to Exercise Your Rights

To exercise your data protection rights under the California Consumer Privacy Act (CCPA), please submit your request through one of the following methods:

• Visit our website at www.gioconda.ai.

For more information about your rights under the CCPA, please refer to the official California Legislative Information website. The CCPA became effective on January 1, 2020.

11. Service Providers

We may engage third-party companies and individuals ("Service Providers") to facilitate our services, provide services on our behalf, perform service-related tasks, or assist us in analyzing the usage of our services. These third parties have access to your personal data solely for the purpose of performing these tasks on our behalf and are obligated not to disclose or use it for any other purposes.

Open Authorization and Data Synchronization

We may use third-party Service Providers to securely connect with third-party services.

Google OAuth & Data Sync

We use Google OAuth to connect with services such as Google Drive, Google Sheets, and Google Calendar in order to provide export and synchronization features. Your OAuth tokens are stored securely in our database using industry-standard encryption practices. You have full control over this integration, synchronization with Google services is optional and can be toggled on or off at any time from within your account settings. If you choose to disable sync, the integration will stop and no further data will be exchanged.

Analytics

We may use third-party Service Providers to monitor and analyze the use of our services.

Google Analytics

Google Analytics is a web analytics service provided by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the usage of our services. This data is shared with other Google services. Google may use the collected data to contextualize and personalize ads in its advertising network.

For more information on Google's privacy practices, please refer to their Privacy Terms. We also encourage you to review Google’s policy on safeguarding your data: Google Analytics Data Safeguarding.

Advertising

We may utilize third-party Service Providers to display advertisements to you in order to support and maintain our services.

Behavioral Re-marketing

Gioconda AI employs re-marketing services to advertise on third-party websites after you have visited our services. We and our third-party vendors use cookies to inform, optimize, and serve ads based on your past interactions with our services.

Google Ads (AdWords)

Google Ads (AdWords) re-marketing service is provided by Google Inc. You can opt-out of Google Analytics for Display Advertising and customize your Google Display Network ads by visiting the Google Ads Settings page.

Google also recommends installing the Google Analytics Opt-out Browser Add-on, which allows visitors to prevent their data from being collected and used by Google Analytics.

For more information on Google's privacy practices, please visit: Google Privacy Terms.

Meta Platforms, Inc. (Facebook)

The Facebook remarketing service is provided by Meta Platforms, Inc. You can learn more about interest-based advertising on Facebook by visiting: Facebook Advertising.

To opt out of Facebook's interest-based ads, please follow these instructions: Facebook Opt-out.

Facebook adheres to the Self-Regulatory Principles for Online Behavioral Advertising established by the Digital Advertising Alliance. You can opt out from Facebook and other participating companies through:

• Digital Advertising Alliance (USA)
• Digital Advertising Alliance (Canada)
• European Interactive Digital Advertising Alliance

You can also manage these preferences through your mobile device settings. For more information on Facebook’s data policies, please visit: Facebook Data Policy.

Payments

For paid products and services within our service, we use third-party payment processors. We do not store or collect your payment card details; such information is directly provided to the third-party payment processors, whose use of your personal information is governed by their own Privacy Policies. These payment processors comply with PCI-DSS standards, as managed by the PCI Security Standards Council, which includes major brands such as Visa, Mastercard, American Express, and Discover. These standards help ensure the secure handling of payment information.

The payment processors we use include:

• Stripe Privacy Policy

11A. Third-Party Communication and AI Providers

We utilize third-party providers to enable communication, artificial intelligence functionality, and system infrastructure, including but not limited to:

• Voice and telecommunication providers
• Messaging platforms (SMS, chat, messaging APIs)
• Payment processors
• Cloud hosting and infrastructure providers

These third-party providers may process data on our behalf and are subject to their own privacy policies and security practices.

You acknowledge that:

• These providers operate independently of the Company
• We do not control their systems or internal processes
• We are not responsible for their independent practices

11B. Payment and Transaction Data

When you use payment-enabled features within the Service, we may process transaction-related data, including:

• Transaction details and billing records
• Payment method tokens (stored securely via third-party processors)
• Transaction history and related metadata

We do not store full payment card information.

All payment processing is handled by third-party providers that comply with applicable security standards, including PCI-DSS.

12. Links to Other Sites

Our service may contain links to third-party 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 each site you visit. We do not control and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.

13. Children’s Privacy

Our services are not intended for individuals under the age of 13 ("Children"). We do not knowingly collect personally identifiable information from children under 13. If you become aware that a child has provided us with personal data, please contact us. If we learn that we have inadvertently collected personal data from children without parental consent, we will take steps to remove such information from our servers.

14. 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. We will also inform you via email and/or through a prominent notice on our service prior to the change taking effect. The "effective date" at the top of this Privacy Policy will be updated accordingly. You are encouraged to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy become effective when posted on this page.

15. User Consent Verification

Users must ensure that they have obtained explicit, written consent from call recipients before utilizing Gioconda AI’s services for any telemarketing or informational calls, in compliance with the Telephone Consumer Protection Act (TCPA) and other applicable laws.

16. AI Communication Responsibility

Users are solely responsible for ensuring that any use of the Service to initiate communications (including voice calls, SMS messages, or automated outreach) complies with all applicable laws and regulations.

This includes, but is not limited to:

• Obtaining proper consent from recipients prior to initiating communication
• Maintaining records of such consent where required
• Ensuring compliance with TCPA, CAN-SPAM, and other applicable laws

The Company shall not be responsible for any misuse of communication features by users.