THESYS INC.

PRIVACY POLICY

Last Updated: July 29, 2024

WE WILL POST ANY CHANGES TO THIS PRIVACY POLICY IN A NOTICE OF THE CHANGE AT THE BOTTOM OF OUR WEB PAGE WITH A HYPERLINK THERETO. WE WILL ALSO SEND YOU AN EMAIL DESCRIBING SUCH CHANGES IN CASE OF SIGNIFICANT UPDATES OR MODIFICATIONS. PLEASE REGULARLY REVIEW THIS PRIVACY POLICY. NOTWITHSTANDING IF YOU CONTINUE TO USE OUR SERVICES, YOU ARE BOUND BY ANY CHANGES THAT WE MAKE TO THIS PRIVACY POLICY.

1. INTRODUCTION

Thesys Inc. and its affiliates including its parent companies and/or subsidiaries (“Thesys,” “we,” “us,” or “our”) respects the privacy of its Users (“User,” “your,” or “you”). This Privacy Policy (the “Privacy Policy”) explains how we collect, use, disclose, and safeguard your information when you use Thesys Platform (the “Platform”) through Thesys’s website at https://www.thesys.dev/ (the “Website”) or Thesys’s web or mobile application (the “App”). Thesys is in the business of providing a software-as-a-service design suite, that aims to power dynamic hyper-contextual experiences, provides surface insights into user behaviour and usage patterns, and co-pilots faster iterations and enhances code generation.

Thesys is committed to protecting the privacy of its Users whose information is collected and stored while using Thesys’s Platform through our Website or App. This Privacy Policy is applicable to our Website, Platform, App and all applications offered for sale to the public.

The capitalized terms have the same meaning as ascribed in our Terms of Use or Terms of Service as applicable, unless otherwise noted here.

PLEASE READ THIS PRIVACY POLICY CAREFULLY TO UNDERSTAND OUR POLICIES AND PRACTICES REGARDING YOUR INFORMATION AND HOW WE WILL TREAT IT. BY ACCESSING OR USING OUR WEBSITE, APP, AND PLATFORM, YOU AGREE TO ACCEPT ALL THE TERMS CONTAINED IN THIS PRIVACY POLICY AND ACKNOWLEDGE AND AGREE WITH THE PRACTICES DESCRIBED HEREIN. IF YOU DO NOT AGREE WITH THE TERMS OF THIS PRIVACY POLICY, PLEASE DO NOT ACCESS AND USE OUR WEBSITE, APP, AND PLATFORM.

IF YOU HAVE ANY QUESTIONS REGARDING THIS PRIVACY POLICY, PLEASE SEND US AN EMAIL AT PRIVACY@THESYS.DEV.

WE DO NOT SELL YOUR PERSONAL INFORMATION, NOR DO WE INTEND TO DO SO.

2. TERRITORIAL RESTRICTION

Our Website, App, and Platform are only available for use and download outside the European Union. Our Website, App, and Platform are not available for use or download by residents of, visitors to, or your employees who reside in the European Union (collectively a “European”). If you are a European, please do not download, register, and/or use our Website, App, or Platform. If you are a resident of the United States (“US”), the laws of the State of Delaware, United States shall apply.  If you are a resident of any other country, please ensure compliance with all local laws prior to using our Website, App, or Platform.  You must comply with this Privacy Policy and our Terms of Use and      Terms of Service, as applicable.

If you have any questions regarding this Section, please email us at privacy@thesys.dev.

3. WHAT INFORMATION DO WE COLLECT?

When you register to use our Website, App, or Platform, we collect personal information (also referred to as personally identifiable information or “PII”) which may include your name, address, online contact information such as your email address or username, phone number, professional or employment-related information and other personal information. The information so collected will be stored on our servers. You are able to change your personal information via email by contacting us at privacy@thesys.dev or through your profile or account settings on our Website, App, or Platform.

1. Geolocation and Equipment Information. We may collect information that does not personally identify you such as (i) your geolocation, and (ii) information about your internet connection, the equipment you use to access our Website, App, or Platform, and usage details.

2. Financial Information. We currently do not collect or store any credit cards or bank information, and when we do require financial information, we will use a third-party payment processor.  However, we will update this Privacy Policy when we start using and storing such information. We will also inform you via reasonable means if we start collecting such information from you.

4. HOW DO WE COLLECT INFORMATION?

We collect personal information from you in the following ways:

1. At registration on our Website, App, or Platform;
2. In email, text, and other electronic messages between you and our Website, App, or Platform;
3. Through mobile and desktop applications your downloads from our Website, App, or Platform, which provides dedicated non-browser based interaction between you and our Website, App, or Platform;
4. From you placing an order, which includes details of transactions you carry out on our Website, App, or Platform;
5. When you subscribe to a newsletter;
6. From your responses to a survey;
7. From forms filled out by you;
8. From records or copies of correspondences (including email addresses) if you contact us; and
9. From search queries on our Website, App, or Platform.

We collect information from you automatically when you navigate through our Website, App, or Platform in the following ways:

1. Usage details;
2. IP addresses;
3. Information obtained through browser cookies;
4. Web beacons on our Website;
5. Web beacons on emails sent by us; and
6. Other tracking technologies.

5. HOW DO WE USE YOUR INFORMATION?

We use the information that you provide to:

1. Personalize your experience in using our Platform;
2. Provide you with information, products, or services requested from us;
3. Present our Website, App, and Platform and their contents to you;
4. Provide you with notices about account and/or subscription, including expiration and renewal notices;
5. Carry out obligations and enforce rights arising from contracts entered into between you and us, including billing and collection;
6. Notify you about changes to our Website, App, and Platform and any products or services;
7. Allow you to participate in interactive features on our Website, App, and Platform;
8. Improve the Website, App, and Platform;
9. Improve our customer service;
10. Administer contests, promotions, and surveys or other Website, App, and Platform features;
11. Process transactions;
12. Anonymize data and aggregate data for statistics;
13. Contact you for other purposes with your consent;
14. Contact you about our products and services that may be of interest; and
15. Send you periodic emails, in accordance with the CAN-SPAM Act of 2003 as detailed in Section 15, via the email address provided by you to (i) send information, respond to inquiries, and/or other requests or questions; (ii) process orders and send information and updates pertaining to such orders; (iii) send additional information related to your product and/or service; and (iv) market to our mailing list or continue to send email to you after the original transaction has occurred.

6. OUR COOKIE POLICY

Cookies are small pieces of text used to store information on web browsers. Cookies are used to store and receive identifiers and other information on computers, phones, and other devices. Other technologies, including data we store on your web browser or device, identifiers associated with your device, and other software, are used for similar purposes. In this Privacy Policy, we refer to all of these technologies as “Cookies.”

We use Cookies on our Website and App to (a) understand and save your preferences for future visits, (b) keep track of advertisements, (c) compile aggregate data about site traffic and site interactions in order to offer better site experiences and tools in the future, and (d) allow trusted third-party services that track this information on our behalf.  You can set your browser to refuse all or some browser Cookies, but it may affect your user experience. We honor Do Not Track signals and, if one is in place, we will not track, plant cookies, or use advertising.

We allow third party behavioral tracking and links to third-party web pages.  Occasionally, at our discretion, we may include or offer third-party products or services on our Website, App, or Platform.  These third-party sites have separate and independent privacy policies.  We, therefore, have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our Website, App, or Platform and welcome any feedback at about these sites.  Please contact us privacy@thesys.dev.

7. HOW DO WE PROTECT INFORMATION WE COLLECT?

Our Website and App receive regular security scans and penetration tests. Our Website and App also receive regular malware scans.  In addition, our Website and App use an SSL certificate as an added security measure. We require username and passwords for our employees who can access your personal information that we store and/or process on our Platform and servers. In addition, we actively prevent third parties from getting access to your personal information that we store and/or process on our Platform and servers.  We accept payment by credit card through a third party credit card processor on our behalf.  We will implement reasonable security measures every time you (a) place an order, or (b) enter, submit, or access your information, (c) register, or (d) access our Platform, on our Website and App.  

8. DATA SECURITY MEASURES.

1. Security Measures.  We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls.  The safety and security of your information also depends on you. Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website, App, or Platform. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on our Website, App, or Platform.

2. Fair Information Practice Principles.  In the event of a personal data breach, we will notify you within fifteen (15) days via email. We agree to the individual redress principle, which requires that individuals have a right to pursue legally enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or a government agency to investigate and/or prosecute non-compliance by data processors.

9. DISCLOSURE OF PERSONAL INFORMATION

There are times when we may share Personal Information that you have shared with us may be shared by Thesys with others to enable us to provide you over Services, including contractors, service providers, and third parties (“Partners”). This section discusses only how Thesys may share such information with Partners. We will ensure that our Partners protect your Personal Information. The following describe how and with whom we may share your Personal Information:

Disclosure of Personal Information.

1. We may disclose aggregated, de-personalized information about you that does not identify any individual to other parties without restriction, such as for marketing, advertising, or other uses.  
2. We may disclose personal information to our subsidiaries and affiliates.
3. We may disclose personal information to contractors, services providers, and other third parties.
4. We require all contractors, service providers, and other third parties to whom we disclose your personal information to be under contractual obligations to keep personal information confidential and to use it only for the purposes for which we disclose them.
5. We may disclose personal information in the event of a merger, sale of business, etc.
6. We require all other Partners, to whom we disclose your personal information, to enter into contracts with us to keep personal information confidential and use it only for the purposes for which we disclose it to such Partners.
7. We may disclose personal information for any other purpose for which you have provided it.
8. We may only disclose personal information as described in this Privacy Policy or your consent.

Other Disclosure of Personal Information.

1. We will disclose personal information (i) to comply with any court order, law, or legal process, including to respond to any government or regulatory request, (ii) to enforce or apply our Terms of Use or Terms of Service and other agreements, including for billing and collection purposes, (iii) if we believe it is necessary or appropriate to protect the rights, property, or safety of Thesys, our customers or others, and/or (iv) if it is necessary or appropriate to protect the rights, property, or safety of Thesys, our customers, or others, and this includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

Third Party Disclosure.

1. We do not sell, trade, rent, or otherwise transfer personal information to others, unless we provide you with advance notice.  This does not include our hosting partners and other parties who assist us in operating our Website, App, or Platform, conducting our business, or servicing you, so long as those parties agree to keep this information confidential.  
2. We provide non-personally identifiable visitor information for marketing purposes.

Choices Users Have About How Thesys Uses and Discloses Information.

1. Tracking Technologies and Advertising. You can set their browser to refuse some or all the browser cookies, but if you disable or refuse cookies, some parts of our Website may not be accessible or function properly.

2. Disclosure of Users’ Information for Third-Party Advertising.  Users can opt-out by (i) checking the relevant form when we collect the data; (ii) logging into the Website, App, or Platform and adjusting their preferences in their account profile by checking or unchecking the relevant boxes, or (iii) emailing us their opt-out request at privacy@thesys.dev.

3. Users receiving promotional email can opt-out by unsubscribing. This opt-out will not apply to information provided by Thesys for product purchases, warranty registration, or other transactions.    

4. Disclosure of User’s Information for Targeted Advertising.  Users can opt-out by (i) checking the relevant form when we collect the data, (ii) logging into the Website, App, or Platform and adjusting their preferences in their account profile by checking or unchecking the relevant boxes, or (iii) emailing us their opt-out request at privacy@thesys.dev.

10. GOOGLE ADSENSE AND GOOGLE ANALYTICS

Google, as a third-party vendor, uses Cookies to serve advertisements to Users on our Website, App, and Platform. Google uses first-party Cookies, such as Google Analytics Cookies, to compile data regarding User interactions with ad impressions and other ad service functions as they relate to our Platform. We currently use Google Analytics to collect and process certain Website and App usage data. To learn more about Google Analytics and how to opt-out, please visit https://policies.google.com/privacy/google-partners.

We use these Cookies to compile data regarding User interactions with ad impressions and other ad service functions as they relate to our Website or App.

11. YOUR CALIFORNIA PRIVACY RIGHTS

Thesys does not sell, trade, or otherwise transfer to outside third parties your “Personal Information” as the term is defined under the California Civil Code Section § 1798.82(h).  Additionally, California Civil Code Section § 1798.83 permits Users of our Website, App, or Platform that are California residents to request certain information regarding our disclosure of their Personal Information to third parties for their direct marketing purposes. To make a request for such disclosure, or identification and/or deletion of Personal Information in all our systems that we store on you, please send an email to privacy@thesys.dev or write us at Thesys, Inc. 355 Bryant Street #403 San Francisco California 94107.

Note that (i) if we delete your Personal Information as requested, we will no longer be able to provide our services to you and (ii) we may need to keep such Personal Information for a while during the shutting down and billing process. If you would like to discuss our Personal Information storage and processing process with us, please send us an email at privacy@thesys.dev or write us at Thesys, Inc. 355 Bryant Street #403 San Francisco California 94107.

12.  PRIVACY LAWS IN OTHER US STATES

Company is committed to the protection of users’ data and privacy and complies with all applicable US State laws. Company does its best to identify and monitor the changes in the laws as and when amended, to update this Policy. Please send us an email at privacy@thesys.dev for more information on your rights under laws that are applicable in your State.

13. FOR OUR CANADIAN USERS

This Section supplements the information contained in our Privacy Policy above and applies solely to all visitors, users, and others to our Website, App, or Platform, who reside in Canada (“consumers” or “you”). We ensure with the Personal Information Protection and Electronics Document Act of 2000 (“PIPEDA”) and any terms defined in the PIPEDA have the same meaning when used in this Section. 

1. Definition of Personal Information.  Any information about an identifiable individual. Whatever may be the physical form or characteristics of a particular regime for “business contact information” (name, position, title, address, professional phone number, etc.) 

2. Right to Access Personal Information.  You can request to access your personal information we hold about you. We will first confirm whether you have requested such information, explain how we have used your information, provide a list of names with whom your information has been shared and provide a copy of your information in an accessible format and make alternative formats available if requested. 

3. Right to Correction/Limited Right to Deletion.  You can request us to correct or delete your information IF you demonstrate that the personal information we hold on you is inaccurate. We will delete or correct your information within thirty (30) calendar days. When we delete/correct your personal information we will inform the third parties with whom we have shared your information. 

4. Right to be Forgotten.  Your information will be kept with us for as long as it is required for the fulfillment of the purposes of the Thesys platform. Unless we otherwise give you notice, we will retain your Information on the Thesys Platform on your behalf until such times as you or we terminate your User Account.

5. Data Breach Notification.  We will send a notification to you as soon as feasible regarding the information of any breach that creates a “real risk of significant harm” to you. We keep a record of every data breach and, on request, provide the Office of the Privacy Commissioner with access to the record. 

6. Canadian Privacy Officer.  We have appointed a Canadian Privacy and Data Protection Officer Rabi Shanker Guha, privacy@thesys.dev to make sure the privacy rights of our Canadian users are protected in compliance with PIPEDA.  

7. Contact Information. You may contact us (i) at privacy@thesys.dev or (ii) by writing to us at Privacy Officer, 355 Bryant Street Suite, 403 San Francisco California 94107 to (i) make a Personal Information Request, (ii) correct or delete your personal information, (iii) discuss our Privacy Policy and/or anything that has to do with it. We will respond within thirty (30) calendar days of receiving such a request or query. Additionally, in order for us to respond to your request or query, we will need to collect information from the requesting party to verify their identity.

14. COPPA COMPLIANCE (FOR CHILDREN UNDER 13 USERS ONLY)

The Children’s Online Privacy Protection Act (“COPPA”) is a federal legislation that applies to entities that collect and store “Personal Information,” as the term is defined under COPPA, from children under the age of 13. We are committed to ensure compliance with COPPA. Our Website, App, and Platform are not meant for use by children under the age of 13. Our Website, App, and Platform do not target children under the age of 13, but we do not age-screen or otherwise prevent the collection, use, and personal disclosure of persons identified as under 13. If you would like to know more about our practices and specifically our practices in relation to COPPA compliance, please email us at privacy@thesys.dev.

IF YOU ARE UNDER 13, PLEASE DO NOT ACCESS OR USE OUR WEBSITE, APP, OR PLATFORM.

15. CAN-SPAM ACT OF 2003

The CAN-SPAM Act establishes requirements for commercial messages, gives recipients the right to have businesses stop emailing them, and spells out penalties for violations.  Per the CAN-SPAM Act, we will:

1. not use false or misleading subjects or email addresses;
2. identify the email message as an advertisement in some reasonable way;
3. include the physical address of Thesys, Inc. which is 355 Bryant Street, Suite 403 San Francisco California 94107.
4. monitor third-party email marketing services for compliance, if one is used;
5. honor opt-out/unsubscribe requests quickly; and
6. give an “opt-out” or “unsubscribe” option.    

If you wish to opt out of email marketing, follow the instructions at the bottom of each email or contact us at privacy@thesys.dev and we will promptly remove you from all future marketing correspondences.

16. MODIFICATIONS TO OUR PRIVACY POLICY

We will post any changes to this Privacy Policy in a notice of the change at the bottom of our web page with a hyperlink thereto. We will also send you an email describing such changes in case of significant updates or modifications. Please regularly review this Privacy Policy. Notwithstanding if you continue to use our services, you are bound by any changes that we make to this Privacy Policy.

17. LIST OF THIRD-PARTY SERVICE PROVIDERS

Thesys uses the following third-party service providers for the provision of services as detailed under the Terms of Use or Terms of Service, as applicable

Additionally, if you have any questions or concerns about our third-party service providers, please email us at privacy@thesys.dev.

18. COPYRIGHT INFRINGEMENT/DMCA NOTICE

If you believe that any content on our Website, App, or Platform violates your copyright, and you wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to the Digital Millennium Copyright Act of 1998 (“DMCA Takedown Notice”)) must be provided to our designated Copyright Agent.

1. Your physical or electronic signature;
2. Identification of the copyrighted work(s) that you claim to have been infringed;
3. Identification of the material on our Website, App, or Platform that you claim is infringing and that you request us to remove;
4. Sufficient information to permit us to locate such material;
5. Your address, telephone number, and email address;
6. A statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
7. A statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

Thesys’s DMCA Copyright Agent to receive DMCA Takedown Notices is Parikshith Deshmukh at dmca@thesys.dev and at Thesys, Inc. Attn: DMCA Notice, 355 Bryant Street Suite 403 San Francisco California 94107. You acknowledge that for us to be authorized to take down any content, your DMCA Takedown Notice must comply with all the requirements of this Section. Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by Thesys in connection with the written notification and allegation of copyright infringement. 

19. ANTI-BRIBERY COMPLIANCE

Thesys represents and warrants that it is fully aware of and will comply with, and in the performance of its obligations hereunder will not take any action or omit to take any action that would cause it or its customers to be in violation of, (i) U.S. Foreign Corrupt Practices Act, (ii) U.K. Anti-Bribery Act, (iii) India Prevention of Corruption Act of 1988, or (iv) any other applicable anti-bribery statutes and regulations, and (v) any regulations promulgated under any such laws.  Company represents and warrants that neither it nor any of its employees, officers, or directors is an official or employee of any government (or any department, agency or instrumentality of any government), political party, state owned enterprise or a public international organization such as the United Nations, or a representative or any such person (each, an “Official”). Company further represents and warrants that, to its knowledge, neither it nor any of the supplier personnel has offered, promised, made or authorized to be made, or provided any contribution, thing of value or gift, or any other type of payment to, or for the private use of, directly or indirectly, any Official for the purpose of influencing or inducing any act or decision of the Official to secure an improper advantage in connection with, or in any way relating to, (A) any government authorization or approval involving Thesys, or (B) the obtaining or retention of business by Thesys.

20. CONTACT US

To ask questions or comment about this Privacy Policy and our privacy practices, contact us at:

• Privacy Officer: Rabi Shanker Guha
• Email: privacy@thesys.dev.
• Address: Thesys Inc., 355 Bryant Street, Suite 403 San Francisco California 94107.

PLEASE NOTE: IF YOU USE OUR WEBSITE, APP, OR PLATFORM, YOU HAVE AGREED TO AND ACCEPTED THE PRACTICES DESCRIBED IN THIS PRIVACY POLICY AND THE TERMS AND CONDITIONS SET FORTH IN OUR TERMS OF USE OR OUR TERMS OF SERVICE, AS APPLICABLE.  IF YOU DO NOT AGREE WITH THE TERMS OF THIS PRIVACY POLICY OR OUR TERMS OF SERVICE, PLEASE DO NOT USE OUR WEBSITE, APP, OR PLATFORM.