Privacy Policy

Effective as of August 14, 2023 

This Privacy Policy describes how Day AI ("Day AI," the “Company” "we") handles personal information that we collect, receive, use, store, share, transfer and process through our Services, as well as through our social media, marketing activities, and other activities described in this Privacy Policy and when you use any other sites or services that link to this Privacy Policy. In addition, this statement describes the rights you may have with respect to your personal information under applicable law. Defined terms used but not otherwise defined herein have the meanings ascribed to them in our Terms of Use

California, Virginia and Nevada notice at collection. See the State law privacy rights section for important information about the personal information we collect about California, Virginia and Nevada residents and their privacy rights. 

Personal information we collect

Information you provide to us. Personal information you may provide to us through the Services or otherwise includes:

  • Contact data, such as your first and last name, salutation, email addresses, phone number, billing and mailing addresses, and your professional titles and organizational affiliations. 
  • Profile data, such as the username and any password that you may set to establish an online account on the Services, profile photos, and any other information that you add to your account profile. 
  • Transaction data, such as transactions you undertake through the Services and your transaction history.
  • Communications that we exchange with you, including when you contact us through the Services, social media, or otherwise. 
  • Marketing data, such information about your participation in any promotions and your preferences for receiving our marketing communications. 
  • Financial data, such as your payment card information, which is handled by our payment processors. 
  • User-generated content, such as profile pictures, photos, images, videos, audio recordings, emails, comments, questions, messages, information you provide or collect upon scheduling of a meeting, calendar information, and other content or information that you generate, transmit, or otherwise make available on the Services, as well as associated metadata. Metadata includes information on how, when, where and by whom a piece of content was collected and how that content has been formatted or edited. Metadata also includes information that users can add or can have added to their content, such as keywords, geographical or location information, and other similar data. 
  • Invitee data. We offer features that help users invite their contacts to use the Services and may collect contact details about these invitees so that we can deliver their invitations. Please do not refer someone to us or share their contact details with us unless you have their permission to do so. 
  • Customer Data. Our Services allow our customers to create and share marketing, sales and customer service content.  When our customers use our Services, they may collect personal information about you. We do not control the types of personal information that our customers may choose to collect or manage using the Services.  We store our customers’ information on our service providers’ servers but process it as a processor under our customers’ instructions and in accordance with our Terms of Use, which prohibit us from using such information except as necessary to provide and improve our Services and as required by law. Our customers control and are responsible for correcting, deleting or updating the information they process using the Services and for complying with any regulations or laws that require providing notice, disclosure, and/or obtaining consent prior to transferring personal information to us for processing purposes.
  • Other data not specifically listed here, which we will use as described in this Privacy Policy or as otherwise described at the time of collection. 

In most cases, providing your data is voluntary (e.g., providing user-generated content, contact information to receive marketing communications, invitee data and Your User-Accessed Data). In other cases providing the information is required in order for Day AI to provide our Services, complete our contract or comply with our legal obligations (e.g., contact data, transaction data, financial data). 

Third-party sources. We may combine personal information we receive from you with personal information we obtain from other sources, such as: 

  • Third-party accounts to which you choose to connect your Day AI account. For example, when you connect an email account to the Services, we will collect and process the email body information, headers (e.g., date, to, from, cc, bcc fields), metadata and settings associated with the emails in the account, including contact details in email signatures (collectively, “email metadata”). 
  • Enterprise customers that give us access to the email accounts of their personnel. 
  • Other users of the Services who choose to grant you access to information in their Day AI accounts. 
  • Public data, including information in government records and that individuals have made publicly accessible on the web. 
  • Licensed data that we obtain from data licensors to help us update and enrich information, e.g., about Day AI users’ contacts. 
  • Third party services, such as social media services, that you use to log into, or otherwise link to, your Day AI account. This data may include your username, profile picture and other information associated with your account on that third-party service that is made available to us based on your account settings on that service. 

Automatic data collection. We, our service providers, and our business partners may automatically log information about you, your computer or mobile device, and your interaction over time with the Services, our communications and other online services, such as: 

  • Device data, such as your computer’s or mobile device’s operating system type and version, manufacturer and model, browser type, screen resolution, RAM and disk size, CPU usage, device type (e.g., phone, tablet), IP address, unique identifiers, language settings, and general location information such as city, state or geographic area. 
  • Online activity data, such as pages you viewed, how long you spent on a page, the website you visited before browsing to the Services, navigation paths between pages, information about your activity on a page, access times and duration of access, and whether you have opened our emails or clicked links within them. 

Cookies and other tracking technologies. Like many online services, we use the following technologies: 

  • Cookies, which are small text files that websites store on user devices and that allow web servers to record users’ web browsing activities and remember their submissions, preferences and login status as they navigate a site. Cookies used on our sites include both "session cookies" that are deleted when a session ends, "persistent cookies" that remain longer, “first party” cookies that we place and “third party” cookies that our third party business partners and service providers place. 
  • Web beacons, also known as pixel tags or clear GIFs, which are clear images placed in web content or HTML emails to record when a user visits a web page or interacts with an email. 
  • Local storage technologies, like HTML5 , that provide cookie-equivalent functionality but can store larger amounts of data on your device outside of your browser in connection with specific applications. 

Chat. We may use chat technologies provided by one or more third-party vendors that employ cookies and software code to operate the chat features you can use to communicate with us through the Services. We and such third-party vendors may access and use information about webpages visited on our website, your IP address, your general geographic information (e.g., city, state), and other personal information you share through online chats for the purposes described in this Privacy Policy

These cookies and other technologies may be employed for the following purposes: 

  • Technical operation. To allow the technical operation of the Services, such as by remembering your selections and preferences as you navigate the site, and whether you are logged in when you visit password protected areas of the Services. 
  • Functionality. To provide enhanced functionality and personalization on the Services. 
  • Analytics. These technologies help us understand how our services are performing and being used. 

Google user data 

If you connect the Services to a Gmail account or if you use the Gmail integration or choose to integrate any other Google Workspace application with our Services, you will be asked to give Day AI access to information from your Gmail or Google account. This Privacy Policy will apply to Google user data collected as well as to other categories of personal information. You can learn more about how we access this data via in-app notice when you connect to Gmail.  By using the Gmail integration with the Services, you grant the Services access to information associated with your account, including contacts, emails, calendar, distribution lists, and subject lines. In addition, the Services will be able to read, modify, create, and send emails from your connected Gmail account. The Services will store replies, outgoing mail, incoming mail, email headers, subject line, distribution lists, aliases, time sent, and email bodies. Your email may contain sensitive information, such as names of your contacts, your private communications, or financial or medical information. 

Additional Limits on Use of Your Google User Data

Our use and transfer to any other app of information received from Google APIs will adhere to the Google API Services User Data Policy, including the Limited Use requirements.

Deletion & Removal of Google API Data

You can disconnect and delete the connection from Day AI to the Google APIs from your account settings. This will remove the connection and all Google API object data from your account. Deletion will be completed within 24 hours of your action. If you have any questions about the deletion or removal of your Google API data, please contact us at privacy@day.ai.

Google Calendar Integration

The Services will have access to both your Google Calendar and any other calendar you access via Google in order to power the meetings tool, and allow you to associate events with contacts in your Day AI account. The Services will have the ability to: create or change your calendars, and update individual calendar events.

Google reCAPTCHA Enterprise

We may implement Google reCAPTCHA Enterprise on certain products and services to prevent malicious software from engaging in abusive activities on our website.  You can learn more about data collected by Google and what this data is used for in Google’s Privacy Policy. 

Additional information about Google services and products is available in Google Terms of Service. 

Notwithstanding anything else in this Privacy Policy, if you provide the Services access to the following types of your Google data, the use of that data in connection with the Services will be subject to these additional restrictions: 

  • The Services will not use Gmail message bodies (including attachments), metadata, headers, and settings for serving advertisements. 
  • The Services will not allow humans to read Gmail message bodies (including attachments), metadata, headers, and settings unless we have your affirmative agreement to view specific messages, files, or other data, doing so is necessary for security purposes such as investigating a bug or abuse, doing so is necessary to comply with applicable law, or for the Services’ internal operations in accordance with applicable privacy and other jurisdictional requirements and even then only when the data have been aggregated. 

How we use your personal information 

When you use the Services, we process your personal information as a processor under the direction of our customers. Our customers, as data controllers, are responsible for determining the categories of personal information we process and the purpose of the processing and for complying with any regulations or laws that require providing notice, disclosure, and/or obtaining consent prior to collecting their customers’ personal information using the Services. We may use your personal information for the following purposes or as otherwise described at the time of collection: 

Service delivery. We may use your personal information to: 

  • provide, operate and improve the Services and our business. 
  • facilitate your invitations to contacts who you want to invite to join the Services. 
  • communicate with you about the Services, including by sending announcements, updates, security alerts, and support and administrative messages. 
  • understand your needs and interests, and personalize your experience with the Services and our communications; 
  • link or combine user information with personal information;
  • provide automated decision making and/or profiling for some of the Services, for example by providing you with feature suggestions based on your email information or behavior inside our Services. You can limit or object to such automated decision making and/or profiling by contacting us at privacy@day.ai; and
  • provide support for the Services, and respond to your requests, questions and feedback. 

Research and development. We may use your personal information for research and development purposes, including to analyze and improve the Services and our business. As part of these activities, we may create aggregated or de-identified data from personal information we collect. We de-identify personal information by removing information that makes the data personally identifiable to you. We may use this data and share it with third parties for our lawful business purposes, including to analyze, improve and promote the Services and our business. We also may use your personal information for machine learning that supports certain product features and functionality with the Services.  We train our proprietary artificial intelligence technology on de-identified personal information. We also train our technology on transcriptions to provide more accurate Services, which may contain personal information. Use of your personal information in connection with machine learning will be in accordance with our Terms of Use.

Compliance and protection. We may use your personal information to: 

  • comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities. 
  • protect our, your or others’ rights, privacy, safety or property (including by making and defending legal claims). 
  • audit our internal processes for compliance with legal and contractual requirements and internal policies. 
  • enforce the terms and conditions that govern the Services; and 
  • prevent, identify, investigate and deter fraudulent, harmful, unauthorized, unethical or illegal activity, including cyberattacks and identity theft. 

How we share your personal information 

We do not share your personal information, unless this is necessary for the performance of our Services, for the compliance with a legal obligation, for the purpose of our legitimate interest or if you have given your consent. We may share your personal information with the following recipients: 

Service providers. Third parties that provide services on our behalf or help us operate the Services or our business (such as hosting, information technology, customer support, email delivery, marketing, payment processing, consumer research, website analytics, cloud service providers, platform support providers, data labeling service providers and artificial intelligence service providers that provide backend support for certain Services). 

Payment processors. Any payment card information you use to make a purchase on the Services is collected and processed directly by our payment processors. Payment processors will use your personal information as described in their own privacy policies, so we encourage you to read them. 

Third-party platforms and social media networks. If you have enabled features or functionality that connect the Services to a third-party platform (such as by logging in to the Services using your account with the third-party, providing your API key or similar access token for the Services to a third party, or otherwise linking your account with the Services to a third party’s services), we may disclose the personal information that you authorized us to share. We do not control the third party’s use of your personal information. 

Professional advisors. Professional advisors, such as lawyers, auditors, bankers and insurers, where necessary in the course of the professional services that they render to us. 

Authorities and others. Law enforcement, government authorities, and private parties, as we believe in good faith to be necessary or appropriate for the compliance and protection purposes described above. 

Business transferees. Acquirers and other relevant participants in business transactions (or negotiations and due diligence for such transactions) involving a corporate divestiture, merger, consolidation, acquisition, reorganization, sale or other disposition of all or any portion of the business or assets of, or equity interests in Day AI (including in connection with a bankruptcy or similar proceedings). 

Other users.

You can choose to give other users of the Services access to your profile, contact network, strength and existence of your relationships, communication history and other user-generated content. We are not responsible for other users’ use of this information. 

Security 

We employ a number of technical, organizational and physical safeguards designed to protect the personal information we collect. However, security risk is inherent in all internet and information technologies and we cannot guarantee the security of your personal information.  

European Data Protection Rights 

We will only process your personal information if and to the extent we have a legal basis for doing so. The following are the legal bases that we rely upon to justify our processing: 

  • Your consent – We will process your personal information with your prior consent, which you may give directly to us, or to other organizations (e.g., our third party data providers). 
  • Performance of a contract – We will process your personal information where necessary to enter into, or for the performance of a contract. For example, we process your personal information to: 
    • provide, operate and improve the Services and our business; 
    • facilitate your invitations to contacts who you want to invite to join the Services; 
    • communicate with you about the Services, including by sending announcements, updates, security alerts, and support and administrative messages; 
    • provide support for the Services, and respond to your requests, questions and feedback; 
    • enforce the terms and conditions that govern the Services. 
  • Legitimate interests – We will process your personal information for the purposes of our legitimate interests, or the legitimate interests of third parties we work with, as long as these interests are not overridden by your interest or fundamental rights and freedoms. For example, we may process your personal information for the following legitimate interests: 
    • providing and operating our Services (e.g., processing your contact details that are included in the header or message body of an email because you exchanged emails with someone that is using our Services or because your employer is using our service); 
    • carrying out direct marketing activities, unless consent is required in which case, we would obtain consent; 
    • analyzing and improving the Services and our business; 
    • creating aggregated, de-identified or other anonymous data from personal information we collect; 
    • preventing, identifying, investigating and detecting fraudulent, harmful, unauthorized, unethical or illegal activity, including cyberattacks and identity theft; 
    • auditing our internal processes for compliance with legal and contractual requirements and internal policies; 
    • disclose or transfer personal information in the event of a business transactions (or negotiations and due diligence for such transactions) involving a corporate, merger, consolidation, acquisition, reorganization, sale or other disposition of all or any portion of the business or assets of, or equity interest). 

In all of the above cases, we carefully strike a balance between our legitimate business interests and your interests or fundamental rights. For more information in the individual case, you can contact us at privacy@day.ai. You have the right to complain to a data protection authority about our collection and use of your personal information. For more information, if you are in the European Economic Area (EEA), please contact your local data protection authority in the EEA.

  • Compliance with legal obligations – We will process your personal information if it is necessary to comply with legal obligations. For example, we may process your personal information to: 
    • comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities; 
    • protect our, your or others’ rights, privacy, safety or property (including by making and defending legal claims). 

When Day AI processes your personal data and such processing is subject to European Union (EU GDPR) or United Kingdom (UK GDPR, UK Data Protection Act 2018) data protection law, depending on the applicable law, you may have certain rights with respect to that data, namely: 

Right of Access. You have the right to request confirmation as to whether or not we process your personal data. If so, you also have the right to request access to the personal and further information as specified under the applicable data protection law.Right to Rectification. You have the right to request that we correct inaccurate or incomplete personal data that we store about you.Right to Erasure. Under certain conditions, you have the right to request that we erase the personal data we may hold about you.Right to Data Portability. Under certain conditions, you have the right to receive the personal data, which you have provided us in a structured, commonly used, and machine-readable format and to transfer those data to another controller.Right to Withdraw Your Consent. If the processing of personal data is based on your consent, you can withdraw consent at any time. The withdrawal of your consent does not affect the legitimacy of the processing that occurred based on your consent until the withdrawal.Right to Object. Under certain conditions, you have the right to object to the processing ofyour personal data, in case the processing is based on legitimate interests or in case your personal data are processed for direct marketing purposes.Right to Restriction of Processing. Under certain conditions, you have the right to request the restriction of the processing of your personal data. 

To exercise any of these rights (if they are available to you under the applicable law), please contact us at privacy@day.ai. When another entity is the data controller (such as your employer when you use the Services), we will refer your request to the third-party data controller and/or provide you with the information you need to contact the data controller directly. 

You can also lodge a complaint with a competent data protection supervisory authority if you consider that the processing of your personal data infringes the applicable data protection law. 

To the extent permitted by applicable law, we reserve the right to charge a fee or decline requests: (i) that are unreasonable or excessive; (ii) where providing the data would be prohibited by law or could adversely affect the privacy or other rights of another person; or (iii) where we are unable to authenticate you as the person to whom the data relates. Also, please note that we often need to retain certain data for reasons such as recordkeeping and/or to complete any transaction that you began prior to requesting a change or deletion of your data. 

When you contact us about exercising any of the rights available to you under the applicable data protection law, we will ask you for information to verify your identity. In your request, please clearly identify the personal data that is the subject of your inquiry. We will comply with your request as soon as reasonably practicable and within any time frames prescribed by law. 

International data transfer 

We are headquartered in the United States and may use service providers that also operate in the US or in other countries outside the country in which you reside. Therefore, your personal information may be transferred to countries which may not provide for the same level of data protection as guaranteed under the applicable data protection laws of the country in which you reside (e.g., the EU GDPR). For all such transfers we ensure that these countries are either considered adequate according to the applicable data protection law (e.g., by way of an adequacy decision of the EU commission) or that appropriate safeguards are in place such as standard contractual clauses. If you want to obtain a copy of these safeguards, you can contact us at privacy@day.ai. 

Storage period 

Personal information shall be processed and stored for as long as required by the purpose they have been collected for. Therefore:

  • Personal information collected for purposes related to the performance of a contract between you and the Company shall be retained until such contract has been fully performed.
  • Personal information collected for the purposes of the Company’s legitimate interests shall be retained as long as needed to fulfill such purposes. You may find specific information regarding the legitimate interests pursued by the Company within the relevant section of this Privacy Policy or by contacting the Company.
  • The Company may be allowed to retain personal information for a longer period whenever you have given consent to such processing, as long as such consent is not withdrawn.
  • We may retain the data for a longer period if required for compliance with a legal obligation according to applicable law (e.g., to meet tax or commercial law retention obligations) or to the extent required for establishment, exercise, or defense of legal claims. 
  • Once the retention period expires, the applicable personal information shall be deleted.  Therefore, the right of access, the right to erasure, the right to rectification and the right to data portability cannot be enforced after expiration of the retention period.

Access or update your information. If you have registered for an account with us, you may review and update certain account information by logging into the account. 

Opt-out of marketing communications. You may opt-out of marketing-related emails by following the opt-out or unsubscribe instructions at the bottom of the email, or by contacting us at privacy@day.ai.  Please note that if you choose to opt-out of marketing-related emails, you may continue to receive service-related and other non-marketing emails. 

Cookies. Most browsers let you remove or reject cookies. To do this, follow the instructions in your browser settings. Many browsers accept cookies by default until you change your settings. Please note that if you set your browser to disable cookies, the Services may not work properly. For more information about cookies, including how to see what cookies have been set on your browser and how to manage and delete them, visit www.allaboutcookies.org. 

Do Not Track. Some Internet browsers may be configured to send “Do Not Track” signals to the online services that you visit. We currently do not respond to “Do Not Track” signals. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com. 

Linked third-party platforms. If you choose to connect to the Services through your social media account or other third-party platform, you may be able to use your settings in your account with that platform to limit the information we receive from it. If you revoke our ability to access information from a third-party platform, that choice will not apply to information that we have already received from that third party. 

Other sites and services 

The Services may contain links to websites and other online services operated by third parties and our content may be integrated into other online services that are not associated with us. These links and integrations are not an endorsement of, or representation that we are affiliated with, any third party. We do not control any online services operated by third parties, and we are not responsible for their actions. We encourage you to read the privacy policies of the other online services you use. 

Children 

The Services are not intended for use by anyone under 18 years of age. If you are a parent or guardian of a child from whom you believe we have collected personal information in a manner prohibited by law, please contact us at privacy@day.ai. If we learn that we have collected personal information through the Services from a child without the consent of the child’s parent or guardian as required by law, we will delete it. 

Changes to this Privacy Policy 

We reserve the right to modify this Privacy Policy at any time. If we make material changes to this Privacy Policy, we will notify you by updating the date of this Privacy Policy and posting it on our website. If required by law we will also provide notification of changes in another way that we believe is reasonably likely to reach you, such as via email or another manner through the Services. Any modifications to this Privacy Policy will be effective upon our posting the modified version (or as otherwise indicated at the time of posting). 

How to contact us 

For inquiries or complaints regarding this Privacy Policy, please first contact us at privacy@day.ai and we will endeavor to deal with your complaint as soon as possible. This is without prejudice to your right to launch a claim with a data protection authority.

If you are based in the EEA or the UK, you may also make a complaint to either the Irish Data Protection Commission (on +353 578 684 800 or via https://forms.dataprotection.ie/contact) or the UK’s ICO (on +44 303 123 1113 or via https://ico.org.uk/make-a-complaint/), or to the supervisory authority where you are located.

State law privacy rights 

Scope. This section applies to residents of California and Virginia, except that provisions identifying a specific state apply only to that state. If you are not a resident of the state in which these rights are granted, you may not be able to exercise these rights. 

For purposes of this section, “personal information” has the meaning given to “personal data”, “personal information” or similar terms under the applicable privacy laws of the state in which you reside, but does not include information exempted from such laws. 

In some cases, we may provide a different privacy notice to certain categories of residents of these states, in which case that notice will apply with respect to the activities it describes instead of this section. 

Your privacy rights. You have the rights listed below. 

  • Right to know. You can request confirmation about whether or not we have collected your personal information, and information about the categories of personal information that we have collected, the categories of sources from which we collected personal information, the business or commercial purpose for collecting, sharing and/or selling personal information, the categories of third parties with whom we share personal information, the categories of personal information that we sold, shared or disclosed for a business purpose, and the categories of third parties with whom the personal information was sold, shared or disclosed for a business purpose. 
  • Right to access. You can request a copy of certain personal information that we have collected about you. 
  • Right to delete. You can ask us to delete certain personal information that we maintain about you. 
  • Right to correct. You can ask us to correct inaccurate personal information that we have collected about you. 
  • Right to nondiscrimination. You are entitled to exercise the rights described above free from discrimination as prohibited by the privacy laws of the state where you reside. 

How to exercise your rights. You can exercise the privacy rights described above by submitting a request to privacy@day.ai. The rights described above are subject to limits and exemptions and in certain cases we may decline your request as permitted by law. We cannot process your request if you do not provide us with sufficient detail to allow us to understand and respond to it. You can ask to appeal any denial of your request in the same manner that you may submit the request. 

Verification of identity. We may need to verify your identity to process your requests to exercise your rights to know, access, deletion, and correction, and we reserve the right to confirm your residency. To verify your identity, we may require you to log into your Day AI account if you have one, provide information we can match against information we may have collected from you previously, confirm your request using the email address we have on file, provide government identification, or provide a declaration under penalty of perjury, where permitted by law. 

Authorized agents. If you have not provided your agent with such a power of attorney, we may ask you and/or your agent to take steps permitted by law to verify that your request is authorized, such as information required to verify your identity and that you have given the authorized agent permission to submit the request. If you are a California resident, your authorized agent may make a request on your behalf upon our verification of the agent’s identity and our receipt of a copy of a valid power of attorney given to your authorized agent pursuant to applicable California law. 

Additional information for California residents. The following describes our practices currently and during the past 12 months: 

  • Sensitive personal information. We do not use or disclose sensitive personal information for restricted purposes that California residents have a right to limit under the CCPA. 
  • Deidentified data. We do not to attempt to reidentify deidentified information that we derive from personal information, except that we may do so to test whether our deidentification processes comply with applicable law. 
  • Sources and purposes. We collect all categories of personal information from the sources and use them for the business purposes described in the How we use your personal information section above, and we disclose them for the business purposes described in the How we share your personal information section above. 
  • Categories and disclosure. The chart below describes the personal information we collect by reference to the categories of personal information specified in the CCPA (Cal. Civ. Code §1798.140), and the categories of third parties to whom we disclose it. The terms in the chart refer to the data types and third parties described above in the Personal information we collect section in more detail. Information you voluntarily provide to us, such as in emails or free-form webforms, may contain other categories of personal information not described below. We may also disclose personal information to professional advisors, authorities and others, and business transferees as described above in the How we share your personal information section of this Privacy Policy. 

The business and commercial purposes for which we collect this information are described in How we use your personal information in this Privacy Policy. The categories of third parties to whom we disclose this information for a business purpose are described under How we share your personal information in this Privacy Policy. The period of time for which we retain this information is described under Storage period in this Privacy Policy. 

Additional information for Virginia residents. You have the right to opt-out of profiling in furtherance of decisions that produce legal or similarly significant effects. 

Additional information for Nevada residents. You may submit a request to privacy@day.ai directing us not to sell your personal information that we have collected or will collect for money. We reserve the right to verify the authenticity of the request and your identity.