Privacy Notice

Jiminny, Inc. (together with its affiliates companies – “Jiminny”, “we”, “our” or “us”) respects your privacy and is committed to transparent privacy practices. This “Privacy Notice”, together with our "Cookie Policy" describes how we collect, use, store and share the personal data provided to us or otherwise collected by us.

If you are our customer, user, visitor or prospect (“you”), please read this Privacy Notice carefully and make sure that you fully understand and agree to it.

You are not legally required to provide us with any personal data, and may do so (or avoid doing so) at your own free will. If you do not wish to provide us with your personal data, or to have it processed by us or any of our Service Providers (defined below), please avoid any interaction with us or use of our Services. If you are a user of the Platform on behalf of any of our customers, we suggest that you contact your account administrator with any questions.

1. Data Collection & Processing

1.1. Customer Data

Customer Data is data relating to identifiable individuals (“Personal Data”), which we analyze, process and manage on our customers’ behalf, as part of the Jiminny Conversation Intelligence Services (“Services”). Specifically, this is data which is contained in call and video recordings, transcripts, e-mails, text messages and other communications and content, as well as data submitted by our customers (including by connecting their systems with the Services);

Our Services enable Jiminny customers to record, transcribe, analyze and share the contents of their business communications, including phone calls, video conferences, email and text messages, as well as their CRM and customer contacts (collectively, “Customer Data”).

Customer Data typically contains data which relates to identifiable individuals, such as the customer’s sales representatives, prospects, and other parties either taking part in their communications or mentioned there.

Certain privacy and data protection laws require that call recordings may only be initialized pursuant to one or more of the parties’ consent (whether explicit or implicit, depending on applicable law), or subject to certain restrictions. Accordingly, whilst Jiminny supports these laws by providing our customers with features and options for how they use our Services – our customer is solely responsible for determining whether and how they wish to use our Services and such features, and to ensure that all individuals using Jiminny on their behalf or at their request have given their informed consent to these practices, and that all legal requirements applicable to the collection, recording and use of data through our Services are fully met by them, including specifically in the context of an employment relationship.

Jiminny processes Customer Data, and the personal data contained in it, strictly on our customer’s behalf, in accordance with their reasonable instructions and as further stipulated in our Data Processing Addendum and other commercial agreements with such customer.

Accordingly, to the extent that the EU’s General Data Protection Regulation (GDPR), California Consumer Privacy Act (CCPA), UK Data Protection Act (UKDPA) or any similar laws apply, our Customer will be deemed the ‘data controller’ (under the GDPR, UKDPA and similar laws) or ‘business’ (under the CCPA or similar laws) of such Customer Data; and Jiminny will be deemed the ‘data processor’ or ‘service provider’ when processing such data.

1.2. User Data

User Data is account, contact and activity data relating to individuals who use the Jiminny platform, Sidekick application, mobile application, and other tools and features provided by us as part of the Services (collectively – “Platform”);

We collect and generate the following types of personal data concerning users of our Platform:

• profile information like your name, position, company, team, telephone numbers, email address, photo;
• account information such as email address and access tokens;
• usage and analytical information including connectivity, technical and aggregated usage data, such as user agent, IP addresses, device data (like type, OS, device id, browser version, locale and language settings used), activity logs, session recordings, and the cookies installed or utilized on their device;
• content you provide through communicating with us, for example audio and/or video conversations for support and training purposes; and
• your responses to questionnaires, surveys, or requests for feedback.

Whilst Jiminny processes such User Data on its customers’ behalf (where it is included in Customer Data), we also use it for our own purposes, as described in Section 3 below. Accordingly, to the extent applicable – our customer will be deemed the ‘data controller’ or ‘business’ with respect to such data; Jiminny will also be deemed an independent and separate ‘data controller’ or ‘business’ with respect to such data; and with respect to those portions or copies of User Data that we process on behalf of our customer – we will also be deemed a ‘data processor’ or ‘service provider’.

1.3 Website, CRM & Prospect Data

Website, CRM & Prospect Data is data relating to our customers, visitors of our website (www.jiminny.com), participants at our events, and any other prospective customer or partner who visits or otherwise interacts with any of our websites, online ads and content, emails or communications under our control (“Sites”).

We collect and generate the following types of personal data concerning our website visitors, customers and prospects:

• website usage information including connectivity, technical and aggregated usage data, such as user agent, IP addresses, device data (like type, OS, device id, browser version, locale and language settings used), activity logs, session recordings, and the cookies and pixels installed or utilized on their device;
• customer account information such as contact, contractual and billing details concerning our customers, which may also contain the details of their internal focal persons who directly engage with Jiminny concerning their organizational account, e.g. the account administrators, billing contacts and authorized signatories on behalf of the customer; as well as the customer’s needs and preferences, as identified to us or recognized through our engagement with them);
• information concerning our customers and prospects for example contact and business details, our communications with such customers and prospects (correspondences, call and video recordings, and analyses thereof), as well as any needs, preferences, attributes and insights relevant to our potential engagement).

We collect such data either automatically, through the data subject’s interaction with us or with our website, Platform or Services; or through third party services, social media, analytics tools, events we organize or participate in, and other business initiatives.

2. Data Controller/Processor

Certain data protection laws and regulations, such as the GDPR or the CCPA, typically distinguish between two main roles for parties processing Personal Data: the “data controller” (or under the CCPA, “business”), who determines the purposes and means of processing; and the “data processor” (or under the CCPA, “service provider”), who processes the data on behalf of the data controller (or business). Below we explain how these roles apply to our Services, to the extent that such laws and regulations apply.

2.1. Customer Data

Jiminny is the “data processor” of Customer Data, which we process on behalf of our Customers (who are the “data controllers” of such data. Our Service Providers who process such Customer Data on our behalf are the “sub-processors” of such Customer data.

Accordingly, Jiminny processes Customer Data strictly in accordance with such Customer’s reasonable instructions and as further stipulated in our Data Processing Addendum and other Commercial Agreements with such customer. The Customer, as controller of such data, will be responsible for meeting any legal requirements applicable to data controllers (such as establishing a legal basis for processing and responding to Data Subject Requests concerning the data they control).

For the avoidance of doubt, each Customer is solely responsible for providing adequate notice to their Account Users and Customers whose data may be contained in Customer Data – including sufficient reference to the processing of their Personal Data via the Services, and any other information necessary to comply with all applicable privacy and data protection laws; and to obtain all approvals and consents from such individuals as required under such laws.

2.2. User Data

Jiminny is both a “data controller” and “data processor” of User Data. Such data is processed by Jiminny for its own purposes (as described in Section 3 below), as an independent ‘controller’; whilst those certain portions of it which are included in Customer Data will be processed by us on our Customer’s behalf, as a ‘processor’.

2.3. Website, CRM & Prospect Data

With respect to such data, we assume the responsibilities of "data controller" (solely to the extent applicable under law), as set forth in this Privacy Notice. In such instances, our Service Providers processing such data will assume the role of “data processor”.

3. Our Legal Basis for Processing

3.1. Customer Data

Jiminny processes Customer Data, and the personal data contained in it, strictly on our customer’s behalf, in accordance with their reasonable instructions and as further stipulated in our Data Processing Addendum and other commercial agreements with such customer.

3.2. User Data and Website, CRM & Prospect Data

We use other types of Personal Data as necessary for the performance of our Services; to comply with our legal and contractual obligations; and to support our legitimate interests in maintaining and improving our Services, e.g. in understanding how our Services are used and how our campaigns are performing, and gaining insights which help us dedicate our resources and efforts more efficiently; in marketing, advertising and selling our Services; providing customer service and technical support; and protecting and securing our customers, users, visitors, prospects, ourselves and our Services.

If you reside or are using the Services in a territory governed by privacy laws under which “consent” is the only or most appropriate legal basis for the processing of Personal Data as described herein (in general, or specifically with respect to the types of Personal Data you expect or elect to process or have processed by or via the Services, e.g. ‘special categories’ under the GDPR), your acceptance of our Terms and Conditions and acknowledgement that you have read and understood this Privacy Notice will be deemed as your consent to the processing of your Personal Data for all purposes detailed in this Notice. If you wish to revoke such consent, please contact us at privacy@jiminny.com.

Specifically, we use this type of Personal Data for the following purposes:

• To facilitate, operate, and provide our Services;
• To train our customer and user-facing staff;
• To authenticate the identity of our users, and to allow them access to our Services;
• To provide our Customers and users with assistance and support;
• To gain a better understanding on how individuals use and interact with our Sites and Services, and how we could improve their and others’ user experience, and continue improving our products, offerings and the overall performance of our Services;
• To facilitate and optimize our marketing campaigns, ad management and sales operations, and to manage and deliver advertisements for our products and services more effectively, including on other websites and applications. Such activities allow us to highlight the benefits of using our Services, and thereby increase your engagement and overall satisfaction with our Services. This includes contextual, behavioral and interests-based advertising based on your activity, preferences or other data available to us or to our business partners;
• To contact our Customers, Users and Prospects with general or personalized service-related messages, as well as promotional messages that may be of specific interest to them (as further described in Section 7 below);
• To facilitate, sponsor and offer certain events, contests and promotions;
• To support and enhance our data security measures, including for the purposes of preventing and mitigating the risks of fraud, error or any illegal or prohibited activity;
• To create aggregated statistical data, inferred non-personal data, or anonymized or pseudonymized data (rendered non-personal and non-identifiable), which we or our business partners may use to provide and improve our respective services, or for any other purpose; and
• To comply with applicable laws and regulations.

4. Data Retention

4.1. Customer Data

We retain Customer Data strictly on our Customer’s behalf, in accordance with their reasonable instructions and as further stipulated in our Data Processing Addendum and other Commercial Agreements with such Customer.

4.2. User Data and Website, CRM & Prospect Data

We will only retain your personal information for no longer than is reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements.

In some circumstances we may anonymize your personal information (so that it can no longer be associated with you) in which case we may use this information indefinitely without further notice to you.

5. Data Residency

We and our authorized Service Providers (defined below) maintain, store and process Personal Data in the United States of America,  Ireland, the United Kingdom and other locations, as reasonably necessary for the proper performance and delivery of our Services, or as may be required by law; provided that Customer Data may only be processed in such locations as permitted in our Data Processing Addendum and other Commercial Agreements with such Customer.

While privacy laws may vary between jurisdictions, Jiminny and its affiliates and Service Providers are each committed to protecting Personal Data in accordance with this Privacy Notice and customary industry standards, regardless of any lesser legal requirements that may apply in their jurisdiction. Among others, we have ensured that all transfers of Personal Data which originates from the EEA and made at our direction or control are based on appropriate data transfer mechanisms as established under the GDPR.

6. Data Sharing

6.1. Service Providers

We engage selected third-party companies and individuals to perform services complementary to our own. Such service providers include hosting and server co-location services, communications and content delivery networks (CDNs), speech-to-text services, data and cyber security services, billing and payment processing services, fraud detection and prevention services, web analytics, e-mail distribution and monitoring services, session or activity recording services, remote access services, performance measurement, data optimization and marketing services, social and advertising networks, content providers, e-mail, voicemails, support and Customer Relation Management systems, and our legal, financial and compliance advisors (collectively, “Service Providers“).

Our Service Providers shall each be deemed as a ‘data processor’ or ‘service provider’ in circumstances where Jiminny assumes the role of ‘data controller’; and where Jiminny acts as the ‘data processor’ or ‘service provider’ for our Customer, the Service Provider shall be deemed as our ‘sub-processor’ or ‘service provider’ (as further described in Section 2 above).

Accordingly, these Service Providers may have access to User Data and Website, CRM & Prospect Data; and if we have expressly listed them in our Sub-Processor List, they may also have access to Customer Data — all depending on each of their specific roles and purposes in facilitating and enhancing our Services, and may only use it for such limited purposes as determined in our agreements with them.

6.2. Third Party Websites and Services

Our Sites and Platform may include links to third-party websites, and integrations with third party services. Such websites and third-party services, and any information you process, submit, transmit or otherwise use with such websites and third-party services, are governed by such third-party’s terms and privacy practices and policies, and not by this Privacy Notice. We encourage you to carefully read the terms and privacy policies of such website and third-party services. Jiminny use and transfer to any other app of information received from Google APIs will adhere to Google API Services User Data Policy, including the Limited Use requirements.

6.3. Subsidiaries and Affiliated Companies

We may share Personal Data internally within our group, for the purposes described in this Privacy Notice. In addition, should Jiminny or any of its subsidiaries or affiliates undergo any change in control or ownership, including by means of merger, acquisition or purchase of substantially all or part of its assets, Personal Data may be shared with or transferred to the parties involved in such an event. If we believe that such change in control might materially affect your Customer Data or Personal Data then stored with us, we will notify you of this event and the choices you may have via e-mail or prominent notice on our Services.

6.4. Customers and Other Users

Customer Data is typically shared and is available to the users belonging to such Customer’s Account. User Data is shared with the administrator(s) of the Customer’s Account to which such user belongs (including data and communications concerning such user’s account). In such cases, sharing such data means that the administrator(s) or other users of the same account may access it on behalf of the Customer, and will be able to monitor, process and analyze the Personal Data contained therein. This includes instances where you may contact us for help in resolving an issue specific to a team of which you are a member (and which is managed by the same Customer).

Please note that Jiminny is not responsible for and does not control any further disclosure, use or monitoring by or on behalf of the Customer, that itself acts as the ‘data controller’ of such data (as further described in Section 2 above).

6.5. Legal Compliance

In exceptional circumstances, and except as stipulated otherwise in our Data Processing Addendum and other Commercial Agreements with you, we may disclose or allow government and law enforcement officials access to your Personal Data, in response to a subpoena, search warrant or court order (or similar requirement), or in compliance with applicable laws and regulations. Such disclosure or access may occur if we believe in good faith that: (a) we are legally compelled to do so; (b) disclosure is appropriate in connection with efforts to investigate, prevent, or take action regarding actual or suspected illegal activity, fraud, or other wrongdoing; or (c) such disclosure is required to protect our legitimate business interests, including the security or integrity of our products and services.

7. Security

We use appropriate security measures to protect the security of your personal information both online and offline. These measures vary based on the sensitivity of the personal information we collect, process and store and the current state of technology. We also take measures to ensure Service Providers that process personal data on our behalf also have appropriate security controls in place.

Please note that no service is completely secure. While we strive to protect your data, we cannot guarantee that any wrongdoings, malfunctions, unlawful interceptions or access, or other kinds of abuse and misuse will never occur.

To protect the confidentiality of your account and protect from unauthorized use of your account, we recommend enabling two-factor authentication for all of your external accounts used to sign-in to our Sites, Platform or Services.

8. Data Subject Rights

Individuals have rights concerning their Personal Data. If you wish to exercise your privacy rights under any applicable law, including the EU General Data Protection Regulation (GDPR) or the California Consumer Privacy Act (CCPA), such as the right to request access to, and rectification or erasure of your Personal Data held with Jiminny, or to restrict or object to such Personal Data’s processing, or to port such Personal Data, or the right to equal services and prices (each to the extent available to you under the laws which apply to you) – please contact us by e-mail at: privacy@jiminny.com

Please note that when you ask us to exercise any of your rights under this notice or applicable law, we may need to ask you to provide us certain credentials to make sure that you are who you claim you are, to avoid disclosure to you of personal information related to others and to ask you to provide further information to better understand the nature and scope of data that you request to access. Such additional data will be then retained by us for legal purposes (e.g. as proof of the identity of the person submitting the request), in accordance with Section 3 above.

We may redact from the data which we will make available to you, any personal data related to others.

If you would like to make any requests or queries regarding Personal Data that we process on our Customer’s behalf, please contact the administrator of such Customer’s account directly. For example, if you are our Customer’s Customer or prospect, or if you are a user of Jiminny on behalf of our Customer, and wish to access, correct, or delete data processed by Jiminny on behalf of our Customer, please direct your request to the relevant Customer (who is the “data controller” of such data – see Section 2 above). Note that if you do contact us, we may share your communications with our Customer and its Account Users; and that we may also share the contact details of the Account Administrator with individuals who sent us such a request or query relating to this account.

9. Communications

We engage in service and promotional communications, through e-mail, phone, SMS and notifications.

9.1. Service Communications

We may contact you with important information regarding our Services. For example, we may send you notifications (through any of the means available to us) of changes or updates to our Services, billing issues, service changes, log-in attempts or password reset notices, etc. Our Customers, and other Users on the same Customer Account, may also send you notifications, messages and other updates regarding their or your use of the Services. Such notifications and messages may also be sent by them to their own Customers (for example, invites, recordings or meeting summaries created through our Services). You can typically control your communications and notifications settings from your Jiminny User profile settings, or otherwise in accordance with the instructions included in the communications sent to you. Please note that you will not be able to opt-out of receiving certain service communications which are integral to your use (like billing notices).

9.2. Marketing Content and Promotions

When you consent to receiving marketing communications from Jiminny, we may notify you about new features, additional offerings, events, special opportunities or any other information we think you will find valuable, as our Customer, User or Prospect. We may provide such notices through any of the contact means made available by you to us (e.g. phone, mobile or e-mail), through the Services, Platform or Sites, or through our marketing campaigns on any other sites or platforms.

If you do not wish to receive such promotional communications, you may notify Jiminny at any time by sending an e-mail to: privacy@jiminny.com, changing your communications preferences in your User Profile settings, or by following the “unsubscribe”, “stop”, “opt-out” or “change e-mail preferences” instructions contained in the promotional communications you receive.

10. Californian Residents (CCPA)

If you are a resident in California, the California Consumer Privacy Act of 2018 requires us to provide you with information about your rights and how we have used your Data in the past 12 months. Defined terms used in this section have the meaning given to them in the CCPA, which is available here.

10.1. Privacy Rights

You have certain rights with respect to your Data:  

Request for Information. You have the right to know whether we are processing your Personal Information, and in some instances, you have the right to request that we disclose to you the categories listed below for the preceding 12 months. In responding to this right, we shall provide to you: 

• The categories of Personal Information we Collect about you.
• The categories of sources from which your Personal Information is Collected.
• The Business or Commercial Purpose(s) for Collecting, Selling or Sharing your Personal Information, and the categories of Personal Information disclosed for such purpose(s).
• The categories of third parties to whom we disclose your Personal Information.
• The categories of Personal Information we have Sold or Shared, if any, about you and the categories of third parties to whom your personal information was Sold or Shared.
• The categories of Personal Information we have disclosed for a Business Purpose, if any, about you and the categories of persons to who it was disclosed for a Business Purpose.
• The specific pieces of Personal Information we have Collected about you. 

Request for Deletion You may have the right to request we delete your Personal Information.  

Request for Correction. You have the right to request the correction or rectification of inaccurate information in your Personal Information

Request for Portable Data. You have the right to receive, in certain circumstances, a portable format of your Personal Information that allows the data to be transmitted to another entity. 

Do Not Sell or Share My Personal Information. You have the right to opt out of the Sale or Sharing of your Personal Information. Please see below for details of whether we Sell or Share your Personal Information. 

Limiting the Use of Sensitive Personal Information. You have the right to direct us to use or disclose Sensitive Personal Information only for providing goods or services, or as otherwise minimally permitted under applicable law. [Note that we do not use or disclose Sensitive Personal Information for any purpose other than providing our goods and services to you, or as otherwise permitted under applicable law]. 

Third Party Marketing. If you are one of our customers, California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your personal information to third parties for the third parties’ direct marketing purposes. We do not disclose your personal information to third parties for the third parties’ direct marketing purposes. 

Right to Equal Service & Price. You have the right to receive equal service and price, even if you exercise a privacy right. 

10.2. Additional Disclosures

The CCPA defines a specific list of categories of Personal Information and requires that we indicate each category of personal information we collect, why we collect it, where we get it from, and to whom we disclose it for a business purpose. Each of these is addressed below.

10.2.1. Categories of Personal Information Collected and disclosed in the previous 12 months

The categories of Personal Information we have Collected about Consumers in the previous 12 months is set out below as well as those we have disclosed for a Business Purpose. 

10.2.2. Categories of Personal Information Collected and disclosed in the previous 12 months

We have not Sold or Shared any Personal Information of Consumers in the previous 12 months

10.2.3. Sources from which Personal Information is Collected

Information about the sources from which Personal Information is Collected is set out in the ‘Data Collection & Processing’ section of the part of this Privacy Notice that relates to how you are interacting with us.

10.2.4. Business or Commercial Purpose for Collecting, Selling or Sharing Personal Information

Information about our Business or Commercial Purposes is set out in the ‘Our Legal Basis for Processing’ section of the part of this Privacy Notice that relates to how you are interacting with us.

10.2.5. Categories of third parties to whom we disclose Personal Information

Information about the categories of third parties to whom we disclose Personal Information is set out in the ‘Data Sharing’ section of the part of this Privacy Notice that relates to how you are interacting with us.

11. Additional Notices

11.1. Amendments

We may change our Privacy Notice from time to time. If we make changes we’ll revise the “Effective” date at the bottom of this document, and we will make our best efforts to provide prior notice on our Sites, Platform and/or Services. After such notice period, all amendments shall be deemed accepted by you. We will comply with applicable law with respect to any changes we make to this document and seek your consent to any material changes if this is required by applicable law.

11.2. Children

Jiminny does not knowingly acquire or receive Personal Data from children under 16, and do not wish to do so. If we later learn that any user of our Services is under the age of 16, we will take appropriate steps to remove that user’s information from our account database and will restrict that individual from future access to the Service.

11.3. Disputes

We hope we can resolve any concerns regarding Personal Data held with us. You can raise your concern or dispute by emailing our Data Protection Officer at dpo@jiminny.com or by writing to us at:

Jiminny Holdings Limited, Floor 2, 100 Fenchurch Street, London EC3M 5JD

Jiminny Holdings Limited is registered as a Data Controller with the Information Commissioner’s Office (ICO) in the UK (0303 123 1113 https://ico.org.uk/) under the current UK GDPR (which is the equivalent of the General Data Protection Regulation((EU) 2016/679) ("GDPR")) and The Data Protection Act 2018 (DPA) legislation.

For those in the EEA or Switzerland, if you have a dispute with us relating to our data protection practices or are not satisfied with how we’ve addressed your concerns or questions, you may complain to an independent dispute resolution provider, at no cost to you. You also have the right to lodge a complaint with your local data protection authority.

11.4. Questions

If you have any comments or questions regarding our Privacy Policy please contact Jiminny’s DPO at dpo@jiminny.com.

Effective date: March 19, 2024