Thank you for choosing NAITIVE (“we,” “us,” or “our”). Your privacy and the security of your personal information are of paramount importance to us. This Privacy Policy outlines how we collect, use, store, and protect your personal data when you engage our agency services, particularly when starting a new project. By working with NAITIVE, you acknowledge and agree to the terms outlined in this Privacy Policy.
1. Information We Collect
When you initiate a project with our agency, we may collect the following types of information (“Personal Information”):
Contact Information: Name, business name, email address, phone number, and physical address.
Project Details: Information related to the project scope, requirements, timelines, and any materials or data you choose to provide that may include personal or business-related information.
Billing Information: Payment details, billing address, and other information required to process invoices and payments for our services.
2. How We Use Your Information
We use the Personal Information we collect for the following purposes:
Service Delivery: To initiate and manage your project, communicate regarding project details, timelines, deliverables, and other related matters.
Customer Support: To respond to inquiries, requests, or troubleshooting needs that you may have.
Billing and Invoicing: To process payments, send invoices, and manage our financial records.
Business Operations: To conduct internal audits, data analyses, and research to improve our products, services, and user experience.
Legal and Compliance: To comply with applicable laws, regulations, contractual obligations, and legal processes.
3. Legal Basis for Processing
Where applicable law requires, we will rely on the following legal grounds to process your Personal Information:
Contractual Necessity: To fulfill our obligations under the contract when you engage our services.
Legitimate Interests: To improve and develop our business, maintain security, prevent fraud, and enhance your experience, provided these interests are not overridden by your rights and interests.
4. How We Store and Protect Your Data
We are committed to protecting your Personal Information. We store all project-related data on Microsoft Azure and integrated Microsoft systems such as Dynamics 365. These platforms provide robust security measures including, but not limited to, data encryption at rest and in transit, access controls, threat detection, and regular security audits.
5. Data Security Measures
Encryption: Personal Information is encrypted both at rest and during transmission using industry-standard encryption protocols.
Access Controls: Access to Personal Information is restricted to authorized personnel who require the information to perform their duties.
Monitoring and Auditing: Our systems are monitored for unusual activity and regularly audited to maintain compliance with applicable laws and industry standards.
6. Data Retention
We retain your Personal Information for as long as necessary to fulfill the purposes outlined in this Privacy Policy, comply with our legal obligations, resolve disputes, and enforce our agreements. Once no longer required, we will securely delete or anonymize your data in accordance with applicable laws.
7. Sharing and Disclosure of Information
We do not sell or rent your Personal Information to third parties. We may share your Personal Information in the following circumstances:
Service Providers: With trusted third-party service providers (e.g., payment processors, IT support) who perform services on our behalf and are contractually obligated to keep your data confidential and secure.
Legal Compliance: If required by law or to respond to valid requests by public authorities (e.g., a court order), or to protect our rights, property, or safety, or that of our clients or others.
Business Transactions: In the event of a merger, acquisition, reorganization, sale of assets, or bankruptcy, we may transfer your Personal Information as part of the transaction. Any recipient of your Personal Information will be required to honor this Privacy Policy.
8. International Transfers
If we transfer Personal Information outside of the country in which it was collected, we will do so in compliance with applicable data protection laws. This may include implementing data transfer agreements or relying on recognized data transfer mechanisms.
9. Your Rights and Choices
Subject to local laws, you may have certain rights regarding your Personal Information, including:
Access and Correction: You may request access to and obtain a copy of your Personal Information, as well as request corrections or updates to ensure it is accurate and complete.
Deletion and Restriction: You may request deletion of your Personal Information or restrict how we process it, subject to certain legal exceptions.
Objection: You may object to the processing of your Personal Information where we are relying on legitimate interests.
Portability: Where technically feasible, you may request the transfer of your Personal Information directly to another controller.
To exercise any of these rights, please contact us at: Email:ai@naitive.cloud
We will respond to your request in accordance with applicable law.
10. Children’s Privacy
Our services are not directed at children under the age of 13, and we do not knowingly collect Personal Information from children. If we become aware that we have inadvertently collected Personal Information from a child under 13, we will take steps to delete that information promptly.
11. Updates to This Privacy Policy
We may update this Privacy Policy from time to time to reflect changes in our practices, technology, legal requirements, or other factors. When we do, we will revise the “Last Updated” date at the top of this page. We encourage you to review this Privacy Policy periodically to stay informed about how we protect your Personal Information.
12. Contact Us
If you have any questions, concerns, or complaints about this Privacy Policy or our data practices, please contact us at:
NAITIVE Email: ai@naitive.cloud
We are committed to working with you to resolve any complaints or concerns about privacy and data protection.
Terms of Use
TERMS OF USE
Last Updated: 12/10/2024
Welcome to NAITIVE (“we,” “us,” or “our”). These Terms of Use (“Terms”) govern your access to and use of our website, online platforms, and the services we offer (collectively, the “Services”). By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not use our Services.
1. Eligibility and Acceptance
1.1 Eligibility: You must be at least 18 years old and have the legal capacity to enter into binding contracts to use our Services. By using the Services, you represent and warrant that you meet these requirements.
1.2 Acceptance of Terms: Your use of the Services constitutes your acceptance of these Terms, as well as our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must discontinue use of the Services immediately.
2. Scope of Services
2.1 Professional Services: NAITIVE provides AI consulting and related professional services to clients. The specifics of any project, including scope, timeline, fees, and deliverables, are typically governed by a separate Statement of Work (“SOW”) or proposal signed by both parties.
2.2 No Guarantee of Results: While we strive to provide valuable insights, guidance, and solutions, we do not guarantee specific results or outcomes from our Services.
3. Use of the Services
3.1 Lawful Use: You agree to use the Services only for lawful purposes and in accordance with these Terms. You will not use the Services in any way that violates applicable local, state, national, or international laws or regulations.
3.2 Prohibited Conduct: You agree that you will not:
Interfere with or disrupt the Services, servers, or networks connected to the Services.
Attempt to gain unauthorized access to any portion of the Services or related systems.
Use the Services to transmit unlawful, harassing, defamatory, vulgar, or otherwise objectionable content.
Engage in any activity that may damage or impair the functionality or security of the Services.
4. Intellectual Property
4.1 Ownership: All content, materials, and works of authorship included in the Services, including text, graphics, logos, and software, are the property of NAITIVE or our licensors and are protected by intellectual property laws.
4.2 Limited License: We grant you a limited, non-exclusive, non-transferable license to access and use the Services for your internal business purposes. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of our materials without our prior written consent.
4.3 Feedback: If you provide feedback, suggestions, or other comments regarding the Services (“Feedback”), you grant us a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to use and incorporate such Feedback for any purpose.
5. Confidential Information
5.1 Mutual NDA: Any confidential information disclosed as part of our professional relationship is protected by the terms of our Mutual Non-Disclosure Agreement (NDA), if executed, or other confidentiality provisions included in a separate agreement.
6. Disclaimers and Limitations of Liability
6.1 Disclaimer of Warranties: TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
6.2 Limitation of Liability: TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL NAITIVE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES. IN NO EVENT SHALL OUR AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID TO US FOR THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM.
7. Indemnification
You agree to indemnify, defend, and hold harmless NAITIVE, its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to your violation of these Terms or your use of the Services.
8. Termination
We reserve the right to suspend or terminate your access to the Services at any time and for any reason, including if we believe you have violated these Terms. Upon termination, your rights to use the Services will immediately cease.
9. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of California, without regard to its conflict of law principles. Any legal suit, action, or proceeding arising out of or relating to these Terms or the Services shall be instituted in the federal or state courts located in California, and you consent to the exclusive jurisdiction of such courts.
10. Changes to Terms
We may revise these Terms from time to time at our sole discretion. If we make material changes, we will notify you by updating the “Last Updated” date above or by other appropriate means. Your continued use of the Services after such changes will constitute your acceptance of the revised Terms.
11. Severability
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
12. Entire Agreement
These Terms, together with our Privacy Policy and any executed NDAs, SOWs, or other agreements, constitute the entire agreement between you and NAITIVE regarding the Services and supersede any prior or contemporaneous understandings, whether written or oral.
13. Contact Us
If you have any questions about these Terms or our Services, please contact us at:
NAITIVE Email: ai@naitive.cloud By using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.
