Gong AI

"Usage, login credentials, and device information   concerning Users and Prospects connectivity, technical and aggregated usage data, such as user agent, IP addresses and approximate location based upon such IP addresses, device data (like type, OS, device id, browser version, locale and language settings), activity logs, session recordings, log-in credentials to the Services, the cookies and pixels installed or utilized on their device, and inferred or presumed data generated from their use of the Services;"

"Sometimes we collect personal data automatically when an individual interacts with our Platform or Sites (such as through our website chat feature) and sometimes we collect personal data directly from an individual. At times, we may collect personal data about an individual from other sources and third parties (such as our Customers and Service Providers), even before our first direct interaction."

"To gain a better understanding on how individuals use and interact with our Services, which content and data they have processed through our Services, and how we could improve their and others’ user experience and the value they can generate from using the Services, so we can continue improving our products, offerings and the overall performance of our Services, including through the utilization and optimization of Artificial Intelligence and Machine Learning capabilities ( Legitimate Interests );"

"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 ( Legitimate Interests );"

"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 ( Legitimate Interests; Consent );"

"Updates and Amendments : We may update and amend this Privacy Policy from time to time by posting an amended version on our Services. If we do, we will update the “effective date” at the bottom. The amended version will be effective as of the date it is published. We will provide prior notice if we believe that the changes involved materially alter your rights, via any of the communication means available to us or via the Services. After such notice period, if you continue to use our Services, the amendments will be deemed accepted by you."

"We retain personal data for as long as we deem it as reasonably necessary in order to maintain and expand our relationship and provide you with our Services and offerings; in order to comply with our legal and contractual obligations; or to protect ourselves from any potential disputes (i.e., as required by laws applicable to log-keeping, records and bookkeeping, and in order to have proof and evidence concerning our relationship, should any legal issues arise following your discontinuance of use), all in accordance with our data retention policy."

"Legal Compliance : We may disclose or allow government and law enforcement officials access to your personal data, including personal data contained in CCTV footage, 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."

"For the avoidance of doubt, Gong may share personal data in additional manners, pursuant to your explicit approval, or if we are legally obligated to do so, or if we have successfully rendered such data non-personal, non-identifiable and anonymous. We may transfer, share or otherwise use non-personal and non-identifiable data at our sole discretion and without the need for further approval."

"This includes contextual, behavioral and interests-based advertising based on your activity, preferences or other data available to us or to our business partners ( Legitimate Interests; Consent ); To facilitate, sponsor and offer certain events, contests and promotions ( Legitimate Interests ). "

" When we use the terms “ personal data ” or “ personal information ” in this Privacy Policy, we mean information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, to an individual. It does not include aggregated or deidentified information that is maintained in a form that is not reasonably capable of being associated with or linked to an individual. Sometimes we collect personal data automatically when an individual interacts with our Platform or Sites (such as through our website chat feature) and sometimes we collect personal data directly from an individual. At times, we may collect personal data about an individual from other sources and third parties (such as our Customers and Service Providers), even before our first direct interaction. Gong does not collect, use, or disclose sensitive personal data. We may collect or generate the following types of personal data about individuals through the Services: Usage, login credentials, and device information   concerning Users and Prospects connectivity, technical and aggregated usage data, such as user agent, IP addresses and approximate location based upon such IP addresses, device data (like type, OS, device id, browser version, locale and language settings), activity logs, session recordings, log-in credentials to the Services, the cookies and pixels installed or utilized on their device, and inferred or presumed data generated from their use of the Services; Information concerning our Customers, Users and Prospects contact and business details such as name, email, phone number, position, workplace and related business insights, our communications with such individuals (correspondences, sensory information including call"

" To gain a better understanding on how individuals use and interact with our Services, which content and data they have processed through our Services, and how we could improve their and others’ user experience and the value they can generate from using the Services, so we can continue improving our products, offerings and the overall performance of our Services, including through the utilization and optimization of Artificial Intelligence and Machine Learning capabilities ( Legitimate Interests ); 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 ( Performance of Contract; Legitimate Interests; Consent ); To support and enhance our data security measures and integrity of our Services, including for the purposes of preventing and mitigating the risks of fraud, error or any illegal, criminal or prohibited activity ( Performance of Contract; Legitimate Interests; Legal Obligation ); 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 ( Legitimate Interests ); To enforce our Terms and Conditions , and other applicable agreements, to resolve disputes, to carry out our obligations and enforce our rights, and to protect our business interests and the interests and rights of third parties ( Legitimate Interests ); To comply with our contractual and legal obligations and requirements, and maintain our compliance with applicable laws, regulations and standards ( Performance of Contract; Legitimate Interests; Legal Obligation ); and For"

" We retain personal data for as long as we deem it as reasonably necessary in order to maintain and expand our relationship and provide you with our Services and offerings; in order to comply with our legal and contractual obligations; or to protect ourselves from any potential disputes (i.e., as required by laws applicable to log-keeping, records and bookkeeping, and in order to have proof and evidence concerning our relationship, should any legal issues arise following your discontinuance of use), all in accordance with our data retention policy. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and the applicable legal requirements. If you have any questions about our data retention policy, please contact us by e-mail at [email protected] ."

" Some cookies are strictly necessary for the Services to function properly and cannot be declined or disabled unless you delete and block them through your web browser settings. Other cookies, are optional, depending on your location and activities on the Services and used for:"

"We use personal data as necessary for the performance of our Services (“ Performance of Contract ”); to comply with our legal and contractual obligations (“ Legal Obligation ”); 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, Prospects, ourselves and our Services (“ Legitimate Interests ”)."

"We implement systems, applications and procedures designed to secure your personal data, to minimize the risks of theft, damage, loss of information, or unauthorized access or use of information. However, we cannot guarantee that our Services will be immune from any wrongdoings, malfunctions, unlawful interceptions or access, or other kinds of abuse and misuse."

" 7.1 Limitation of Liability. EXCEPT FOR LIABILITIES ARISING FROM A PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTION 6 (INDEMNIFICATION), EACH PARTY’S AGGREGATE LIABILITY TO THE OTHER PARTY ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES WILL NOT EXCEED THE FEES ACTUALLY RECEIVED BY GONG FROM CUSTOMER FOR THE SERVICES UNDER THE APPLICABLE ORDER FORM IN THE TWELVE MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY. THE FOREGOING LIMITATION WILL APPLY, TO THE FULLEST EXTENT PERMITTED BY LAW, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, BUT WILL NOT LIMIT CUSTOMER’S OR ITS AFFILIATES’ PAYMENT OBLIGATIONS UNDER THE “FEES AND PAYMENT” SECTION ABOVE. 7.2 Exclusion of Consequential and Related Damages. TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL A PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, IN EACH CASE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND ARE FUNDAMENTAL ELEMENTS OF THE BARGAIN BETWEEN THE PARTIES."

"We may have disclosed identifiers and customer record information to event sponsors. Through participation in the Gong Visioneer Community, you may disclose identifiers and customer record information. We disclose Personal Information in pursuit of the business and commercial purposes described in Section 2 above. Mobile Information and SMS Compliance : Notwithstanding anything to the contrary in this Privacy Policy, no mobile information or personal data collected via our text messaging programs will be shared with third parties, partners, or affiliates for marketing or promotional purposes. All the above categories of data sharing exclude text messaging originator opt-in data and consent; this specific information will not be shared, sold, or rented to any third parties."