Wrike

" 1.21. “ Wrike AI Output ” means output generated by Wrike AI based on Customer Data provided by Customer as input to Wrike AI. Wrike AI Output is presented for Customer to take some action (e.g., accept, cut/paste, …) to submit Wrike AI Output, in whole or part, to the Service, after which, such submitted Wrike AI Output shall be Customer Data for purposes of the Agreement. Due to the nature of machine learning, Wrike AI Output may not be unique and Wrike AI may generate the same or similar output for others. Wrike makes no representations or warranties with regard to Wrike AI Output, including ownership thereof. 1.22. “ Wrike Marks ” means any name, logo, or mark belonging to Wrike or its Affiliates. 1.23. “ Wrike Materials ” means any materials that Wrike provides to Customer as part of, or in the course of providing, the Service, provided that Customer Data presented back to the Customer as a result of using the Service and Wrike AI Output remain/are Customer Data and are not Wrike Materials. "

" In addition to personal data subject to the Wrike DPA that Customers provide to Wrike as Customer Data or otherwise in connection with the Service Offerings, we also collect personal data , including contact details, professional details such as title and name of company, information about the browsers and devices that individuals use to interact with us, information about an individual’s interactions with Wrike or our partners, payment info rmation, and inferences drawn from other personal data. We obtain much of this data directly from the relevant individuals, including in some cases with the technology described in the “Cookies and Automated Data Collection” section further below. We also obtain personal data directly from our current or prospe ctive c ustomers and from other third - party sources such as resellers, referral partners, distributors, list vendors and marketing companies and third - party sites like LinkedIn. When we obtain data from these third - party sources, we take steps to ensure the data was collected lawfully and that we have the right to process it for our commercial purposes. We may also collect and process personal data contained in business communications with Wrike, including email content and other correspondence, where relevant to our relationship with current or prospective c ustomers, partners, and other business contacts. Sales representatives’ emails and related correspondence , including complete email chains and third - party responses to Wrike communications, may be processed using AI - enabled tools for the purposes described in this Privacy Policy. "

" In our websites, apps and emails, we and third parties may collect certain information by automated means such as cookies, Web beacons, JavaScript, mobile device functionality, browser-based or plugin-based local storage such as HTML5 storage or Flash-based storage, and other similar techniques and technologies. This information includes unique browser identifiers, unique device identifiers such as the Apple Advertising Identifier or Android Advertising ID, IP address, browser and operating system information, geolocation, other device information, Internet connection information, as well as details about individuals’ interactions with our apps, websites and emails. Such details include, for example, the URL of the third-party website from which you came, the pages that you visit on our websites, and the links you click on in our websites. As part of this, we and third parties may use automated means to read or write information on your device, such as in various types of cookies and other local storage. Cookies and local storage are files that can contain data, such as unique identifiers or other information, that we or a third party may transfer to or read from an individual’s device for the purposes described in this Privacy Policy. The cookies and other technologies described here fall into the following categories:"

" To send information about our current and future Service Offerings, including marketing communications by phone, email, online display advertising, and other channels; "

"Individuals who corres pond with Wrike's sales team will be provided notice of this processing at the point of contact. These tools are used to enhance our responsiveness to prospective c ustomers and to ensure the accuracy of our sales records. When we collect personal data via AI - enabled tools or automated systems, we ensure such collection is limited to what is necessary for the specified purpose . In addition, when individuals participate in a videoconference using a Wrike conference tool or another conference tool made availab le by Wrike, we may collect and process audio recordings, video recordings, transcripts, and related meeting metadata (such as date, time, participants, and meeting title), but only where the relevant participant has provided active consent to the recordin g in accordance with Section 5 of the Privacy Policy. W here AI - enabled tools are used in connection with recorded videoconference or related business communication, we may also generate and process derived data such as transcripts, summaries, notes, action items, key topics, follow - up recommendations, and similar outputs. "

" Legitimate interests: In many cases, we handle personal data on the ground that it furthers our legitimate interests in commercial activities, such as the following, in ways that are not overridden by the interests or fundamental rights and freedoms of the affected individuals: customer support; marketing, including, in some cases, direct marketing such as via email; protecting our Customers, Users, personnel and property; analyzing and improving our business and Service Offerings; and managing legal issues. We may also process personal data for the same legitimate interests of our Customers and business partners. Specifically, for prospective customers, we rely on legitimate interests to provide relevant information about our Service Offerings, provided that such interest is balanced against the individual's privacy expectations. Subject to applicable law, these legitimate interests may also include internal training, quality assurance, service improvement, sales enablement, business analytics, and the use of AI-enabled tools to assist with those activities in relation to email communications and other business communications that are not subject to a consent requirement. If our processing (especially involving AI) would likely result in a high risk to the rights and freedoms of natural persons, we would (i) conduct a Data Protection Impact Assessments (DPIAs) where our processing (especially involving AI) is likely to result in a high risk to the rights and freedoms of natural persons and (ii) update the Privacy Policy. "

" We may combine data collected from you with other sources to help us improve the accuracy of our marketing and communications as well as to help expand or tailor our interactions with you. This includes combining personal data we obtain through online channels with information we obtain through offline channels, as well as other information (such as referral programs), for the purposes described above. We may anonymize or aggregate any personal information and use and disclose it for the purposes described above and for other purposes to the extent permitted by applicable law. We also may use personal data for additional purposes that we specify at the time of collection. We will obtain your consent for these additional uses to the extent required by applicable law."

" Analytics: These cookies mainly let us count and understand visits and traffic sources so we can measure and improve the performance of our website. They may collect information including clicks, cursor movements, and other interactions with pages on our website. They help us to know which pages, emails and online content are the most and least popular and see how visitors move around and interact with the website. For example, they allow us to measure how effective our ads are in bringing visitors to our website. "

" To record, store, transcribe, summarize, review and use videoconferences conducted through conference tools made available by Wrike, where the relevant participant has actively consented to the recording, and to use AI - enabled tools and related service providers in connection with those videoconferences and em ails to assist with transcription, summarization, note - taking, action item generation, internal training, quality assurance , knowledge management, service improvement, documentation, and business opera tions ; "

" 8.6. Aggregated Anonymous Data. Wrike may aggregate the metadata and usage data of Customer and/or Users collected or otherwise made available through the Service so that the results are non-personally identifiable with respect to Customer or Users (“ Aggregated Anonymous Data ”). The Aggregated Anonymous Data will be deemed Wrike’s proprietary technology, and Customer acknowledges that Wrike may use the Aggregated Anonymous Data, both during and after the Term; (i) for its own internal, statistical analysis; (ii) to develop and improve the Service; and (iii) to create and distribute reports and other materials regarding use of the Service. For purposes of clarity, nothing in this Section 8.6 gives Wrike the right (or ability) to publicly identify Customer or any User as the source of any Aggregated Anonymous Data. 8.7. Security and Privacy . When providing the Service and Wrike Materials, Wrike will (i) implement and maintain the administrative, organizational, and technical security controls at least as protective as the terms set forth in the Wrike Information Security Addendum available at https://www.wrike.com/legal/enterprise-winfosec/ ; and (ii) process personal data on Customer’s behalf as set forth in the Wrike Data Processing Addendum available at https://www.wrike.com/legal/trust-center/ , as may in each case be amended from time to time without notice. The Wrike Information Security Addendum and the Wrike Data Processing Addendum are each incorporated herein by reference. "

"Customer’s use of Add-Ons that are a Third Party Service may be subjected to the terms of the Third Party Service provider. Technical support for the Service is provided as set forth at https://www.wrike.com/support-packages/ as may be amended from time to time without notice. Updates to the Service are managed by Wrike and included in the Fees. Customer shall use the then-current version of the Service, including any Updates, as made available by Wrike. To the extent that Customer’s Affiliates access and use the Service through the provisioning of Users by Customer into the Customer Account, Customer warrants that it has the authority to bind those Affiliates and that Customer will be liable to Wrike in the event any Customer Affiliate fails to comply with the Agreement. Customer may purchase Wrike consulting services in support of its Subscription. With respect to Wrike consulting services, all intellectual property rights in all deliverables, pre-existing works and derivative works of such pre-existing works, as well as developments made, conceived, created, discovered, invented, or reduced to practice in the performance of the consulting services (collectively, “ Customizations ”) are and shall remain the sole and absolute property of Wrike, subject to a worldwide, non-exclusive license to Customer for internal business use during the Subscription Term. At its sole discretion, Wrike may modify or discontinue any part of the Service (including without limitation, the availability of any feature) at any time. "

"Customer instructs Wrike to process Customer Data for the additional purpose of providing the Wrike AI functionality and Wrike AI Output. Wrike’s Privacy Policy is hereby incorporated by reference and will incorporate any provisions not addressed in the Wrike Data Processing Addendum, which shall control over the Privacy Policy regarding the Service or consulting services related to the Agreement. 8.8. Suspension of Service . Wrike reserves the right to suspend Customer’s access to all or any portion of the Service by, in its sole discretion, either deactivating the Customer Account and all active Subscriptions associated with the Customer Account or by converting such Customer Account to a Free Customer Account (if available for the particular suspended Subscriptions) if it determines that: (i) payment for the Service is not received within fourteen (14) days from the date on which payment is due; (ii) Customer’s or its Users’ use of the Service are in breach of the Agreement; (iii) Customer fails to timely address Wrike’s request to take action pursuant to Section 2.4; (iv) Customer’s use of the Service poses a security or other risk to the Service or to other users of the Service; or (v) suspension is required pursuant to a subpoena, court order or other legal process. Wrike agrees to notify Customer of any such suspension. Customer will remain responsible for all Fees incurred before or during any suspension. Wrike reserves the right, in its sole discretion, to impose reasonable Fees to, upon Customer request, restore archived data from delinquent accounts. "

" Wrike may change this Privacy Policy to reflect changes in the law, our data handling practices, or the features of our business. The updated Privacy Policy will be posted on Wrike.com."

" The subsections below apply only to “personal information” about California residents (as that term is defined in the California Consumer Privacy Act, as amended by the California Privacy Rights Act (“CPRA”), and its regulations (collectively, the “CCPA”)) and they supplement the information in the rest of our Privacy Policy above. Data about individuals who are not residents of California is handled differently and is not subject to the same rights described below. These subsections also do not apply to Customer Data or personal data that we receive and process on behalf of our customers in connection with performing our Service Offerings as explained above, which is handled as described in Section 1 of our Privacy Policy, even when the Customer Data or such related personal data is about a resident of California. Retention: Your personal information is retained until after its retention no longer is necessary to fulfill the business purposes described in this policy, or as otherwise required under law. Because we may collect and use the same category of personal information for different purposes and in different contexts, there is no fixed retention period that always will apply to a particular category of personal information. Duration of retention may vary depending upon factors such as legal compliance requirements, recordkeeping or, for resolving inquiries or complaints, and the existence of an ongoing relationship with you. "

" TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT FOR CUSTOMER’S INDEMNIFICATION OBLIGATIONS AND A BREACH BY CUSTOMER OF SECTION 2, NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL LOSSES, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, THOSE ARISING OUT OF OR RELATING TO: (i) LOSS OF DATA; (ii) LOSS OF INCOME; (iii) LOSS OF OPPORTUNITY; (iv) LOST PROFITS; AND (v) UNAVAILABILITY OR NON-PERFORMANCE OF ANY OR ALL OF THE SERVICE, IN EACH CASE, HOWEVER CAUSED AND BASED ON ANY THEORY OF LIABILITY, INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR VIOLATION OF STATUTE, WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS IN THIS SECTION 7 MAY NOT APPLY IF CUSTOMER IS LOCATED IN SUCH A JURISDICTION. TO THE FULLEST EXTENT PERMITTED BY LAW, EXCEPT FOR CUSTOMER’S INDEMNIFICATION OBLIGATIONS AND A BREACH BY CUSTOMER OF SECTION 2, THE TOTAL CUMULATIVE LIABILITY OF EITHER PARTY AND THEIR RESPECTIVE AFFILIATES, LICENSORS AND SERVICE PROVIDERS ARISING OUT OF THE AGREEMENT AND/OR THE TERMINATION THEREOF SHALL BE LIMITED TO THE SUM OF THE AMOUNTS ACTUALLY PAID FOR THE APPLICABLE SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE INCIDENT GIVING RISE TO THE LIABILITY, OR, IN THE CASE OF WRIKE CONSULTING SERVICES, THE AMOUNTS ACTUALLY PAID FOR THE APPLICABLE CONSULTING SERVICES. "

"Further, Customer agrees that it shall not disclose or use any of Wrike’s confidential information for any purpose outside the scope of the Agreement, except with Wrike’s prior written permission. Customer shall use Wrike’s confidential information, including the Wrike Technology, only as expressly permitted in the Agreement. 8.14. Force Majeure. Notwithstanding anything to the contrary in the Agreement, neither Party will be responsible or have any liability for any delay or failure to perform its non-monetary obligations hereunder to the extent due to unforeseen circumstances or causes beyond its reasonable control, including but not limited to acts of God, earthquake, fire, flood, sanctions, embargoes, strikes, lockouts or other labor disturbances, civil unrest, failure, unavailability or delay of suppliers or licensors, riots, terrorist or other malicious or criminal acts, war, failure or interruption of the Internet or third-party internet connections or infrastructure, power failures, acts of civil and military authorities and severe weather (in each case, “ Force Majeure ”). The affected Party will give the other Party prompt written notice (when possible) of the failure to perform due to Force Majeure and use its reasonable efforts to limit the resulting delay in its performance. 8.15. Feedback. If Customer provides any comments, suggestions, possible improvements, or other feedback to Wrike regarding the Service or consulting services related to the Agreement (“ Feedback ”), Wrike may use such Feedback for any purpose without any compensation or obligation to Customer provided such use does not violate Wrike’s confidentiality obligations under the Agreement. "

" 2.1. Right to Use Service for Business . Subject to the terms of the Agreement, Wrike, with the assistance of Wrike third-party service providers including its subcontractors, Sub-Processors, and Affiliates, will provide the Service set forth in any Order that Wrike has prepared and/or accepted in accordance with the Agreement. Customer acknowledges that the Service is not intended for use by consumers and is only for business and professional purposes as expressly granted in the Agreement. Wrike hereby grants Customer a limited, personal, non-exclusive, non-sublicensable, non-transferable worldwide license to use the Service up to the number of User licenses purchased for the applicable Subscription or as otherwise authorized to use or access the Service pursuant to the terms set forth in the Agreement. Customer may increase its number of User licenses for the applicable Subscription during the Subscription Term. Any increase in the number of User licenses shall be for the remainder of the Subscription Term regardless of usage and the number of User licenses may not be reduced during the Subscription Term. Customer may purchase for additional Fees enhancements and/or additional functionalities for the applicable Service for the respective Subscription(s) (collectively, “ Add-Ons ”). Add-Ons may be part of the Service or may be a Third Party Service that are not part of the Service and that are not subject to the terms of the Agreement. "

"Wrike.com treats qualifying browsers for which the user has activated the GPC signal as having opted out of what CCPA calls a “sale” or “sharing” of any California personal information that is collected on that site from that browser using cookies and similar technology. You can override that treatment for a GPC-enabled browser by using the cookie controls available via the Cookie Preferences link in our website footer to opt into particular categories of cookies from that browser. In that case, “sales” and “sharing” via cookies and similar technology in those categories may resume on that browser. Opting out of “sales” and “sharing” limits only some types of disclosures of personal information, and there are exceptions to all of the rights described in this Section. Collection and Disclosure of California Personal Information During Past 12 Months The chart below provides more detail on our disclosures of California personal information during the 12 months leading up to the effective date of this Privacy Policy:"