Please see our California Notice at Collection below for a high-level overview of our privacy practices.
This Privacy Policy explains how 97 Labs, Inc., doing business as "Remark" ("Remark", "we", "us", or "our") handles your personal information when you interact with our AI agent, visit our own website, https://www.withremark.com, or otherwise communicate or interact with us (collectively, the "Services"). Our Services include deploying AI agents and chat services on the websites of our customers ("Customers") to facilitate and improve your shopping experience with a Customer.
Please read this Privacy Policy carefully to understand how your information will be collected, used and shared when you interact with the Services, and what choices and rights you have regarding your personal information. By accessing or using our Services, you agree to our collection of your information. If you do not agree, please do not use the Services.
1. Personal Information We Collect
1.1 Personal information you provide when you use our Services:
- Contact details, such as your name, address, email address and phone number.
- Interaction data, such as text, images, or other content and data that you submit to the Services, chat and message logs, and any context generated from your interactions with the Services.
- Interests and preferences, such as information about the products and services you browse or obtain from a Customer, and your preferences regarding Customer products and services, including product sizing, intended uses, and other information that helps us provide you the requested Services.
- Marketing information, such as your preferences for receiving our newsletters and marketing communications about our Services, and the types of products we think will interest you based on your past purchases and use of our Services.
1.2 Automatic data collection: We and our service providers may automatically log information about you, your computer or mobile device, and your interactions with our Services and our communications, such as:
- Device and network data, such as your computer's or mobile device's operating system type and version, manufacturer and model, browser type, screen resolution, device type (e.g., phone, tablet), IP address, general location (e.g., derived from your IP address), unique identifiers, and language settings.
- Usage data, such as pages or screens you viewed, the website you visited before browsing to the Services, navigation paths between pages or screens, information about your activity on a page or screen, access times, and whether you have opened or otherwise engage with our communications, such as our marketing emails, and what kind of content you're interested in.
- Location information, such as your city, state, zip or postal code, to personalize content provided to you, or to show you prices and promotions.
We collect this information using cookies, pixels, and other similar technologies. For more information, please visit our Cookie Policy below.
1.3 Information we obtain from other sources:
- Social media information. We maintain pages on social media platforms, such as LinkedIn and other third-party platforms. When you visit or interact with our pages on those platforms, the platform provider's privacy policy will apply to your interactions and their collection, use, and processing of your personal information. You or the platforms may provide us with your information through the platform, and we will treat such information in accordance with this Privacy Policy.
- Customers. Customers may provide information about you to help our Services better serve you, including data about your previous purchases and transaction history with Customers and customer support records.
- Other sources. We obtain personal information from other third parties, such as analytics and marketing partners and publicly available sources, including from partners that help us advertise and market our Services.
2. How We Use Your Personal Information
We collect and process your personal information where we have a legal basis to do so. The legal basis for our collection and use of your personal information varies depending on the manner and purpose for which we collected it:
Provide and maintain the Services. To perform our contract with you, or when it is in our legitimate business interests to do so, we will use personal information to operate, provide and maintain our Services, including to allow you to communicate with our Services and receive advice and support in connection with your use of a Customer website.
Improve, monitor and personalize the Services. It is in our legitimate business interests to use your preferences, interactions, and profile information to surface items you might like, or to recommend content and pieces you're more likely to enjoy. It is also in our legitimate interests to improve and keep our Services safe, which includes protecting the security of our Services, and preventing and detecting security threats, fraud or other criminal or malicious activities.
Communicate with you about the Services, including by sending you announcements, updates, security alerts, and support and administrative messages. To perform our contractual obligations to you, or when it is in our legitimate interests to do so, we will use your personal information to respond to your requests, questions, and feedback, and communicate with you about our Services.
Research and development. We use personal information to help us better understand how people use our Services and how we can develop, analyse and improve them where it is in our legitimate interests to do so. This includes analyzing trends, testing new features, and making design or product decisions based on user behaviour. We may also create or use aggregated data to support research and insights that help us build better offerings as part of our Services. This data no longer identifies you and may be shared with trusted partners or used to promote the Services.
Marketing and Advertising. We and our advertising partners may collect and use your personal information for marketing and advertising purposes, including:
- Direct marketing. We will send you curated content as permitted by law, including, but not limited to, newsletters and notifications about special promotions, offers, and events that we think may be of interest to you, including by email. You may opt out of our marketing communications as described in the "Opt-out of marketing communications" section below. Except where consent is required, we undertake such marketing on the basis of our legitimate business interests to use your personal information for the purposes described above. Where we rely on your consent, you may withdraw your consent at any time, including by following the opt-out instructions in the "Your Privacy Rights and Choices" section below.
- Interest-based advertising. We engage third-party advertising partners to display ads promoting our Services, including on social media platforms, search engines, and across the web. We use the information we collect to target our ads to you or others that may be interested in our Services. For example, if you visit our website, we may retarget ads to you on social media based on the items you viewed and/or purchased, and we may work with social media platforms and other advertising partners to serve ads to other individuals that have similar interests to you. Our use of your personal information for these purposes is based on our legitimate business interests to promote our Services, except where your consent is required by applicable laws. To understand your choices, including your options to opt out, please see the "Your Privacy Rights and Choices" section below.
Except where consent is required, we carry out marketing and advertising where it is in our legitimate business interests. Where we seek your consent, you may withdraw your consent at any time.
Compliance and protection. We use your personal information to comply with our legal obligations and to defend us against legal claims or disputes where it is in our legitimate business interests to do so, including to:
- Comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities.
- Audit our internal processes for compliance with legal and contractual requirements and internal policies.
- Enforce the terms and conditions that govern our Services.
- Where we have a legitimate interest, to prevent, identify, investigate, and deter fraudulent, harmful, unauthorized, unethical, or illegal activity, including cyberattacks and identity theft.
- Where we have a legitimate interest, to protect our, your or others' rights, privacy, safety or property (including by making and defending legal claims).
3. How We Disclose Your Personal Information
We may disclose personal information to the following parties:
Service providers. We may disclose your personal information to third-party companies and individuals that provide services on our behalf or help us operate our Services (e.g., our third-party vendors providing hosting, AI services, information technology, customer support, ecommerce and payment processing platforms, email delivery, and website analytics services).
Professional advisors. We may disclose your personal information to professional advisors, such as lawyers, auditors, bankers, and insurers, where necessary in the course of the professional services that they render to us.
Authorities and others. We may disclose your personal information to law enforcement, government authorities, and private parties, as we believe in good faith to be necessary or appropriate for the compliance and protection purposes described above.
Advertising partners and other third parties. Third parties, such as advertising companies, social media providers, search engines and data providers, for interest-based advertising and other marketing purposes. These third parties may use the information we share to develop and improve their services, including to improve their ability to target ads on our and their other clients' behalf. To learn about your choices, please see the "Your Privacy Rights and Choices" section below.
Business transferees. We may disclose your personal information to acquirers and other relevant participants in business transactions (or negotiations for such transactions) involving a corporate divestiture, merger, consolidation, acquisition, reorganization, sale, or other disposition of all or any portion of the business or assets of, or equity interests in, our business (including, in connection with a bankruptcy or similar proceedings).
With your instruction or permission. We may disclose personal information to relevant third parties, where you give us permission to do so in the course of your relationship with us from time to time.
4. International Data Transfers
In the context of providing you with our Services, we may transfer your personal information to our affiliates and service providers in the United States and other jurisdictions. Please note that such jurisdictions may not provide the same protections as the data protection laws in your home country.
When we engage in cross-border data transfers, we will ensure that relevant safeguards are in place to afford adequate protection for personal information and we will comply with applicable data protection laws, in particular by relying on an EU Commission or UK government adequacy decision or on contractual protections for the transfer of personal information. For more information about how we transfer personal information internationally, please contact us as set out in the "How to contact us" section below.
5. Your Privacy Rights and Choices
5.1 Opt-out of marketing communications. You may opt out of marketing-related emails, SMS and other communications by following the opt-out or unsubscribe instructions in the communications you receive from us or by contacting us as provided in the "How to Contact Us" section below. You may continue to receive Services-related and other non-marketing emails and SMS.
5.2 Account deactivation and deletion. If you have an account on our Services, you may deactivate and delete your account by contacting us as described in the "How to Contact Us" section below. Note that deactivating your account may not cause us to fully delete all of your personal information. To request that we do so, please submit a data deletion request as described in the "Personal information requests" section.
5.3 Personal information requests. In addition to the above, depending on where you are based, and as provided under applicable law and subject to any limitations in such law, you may have the right to:
- Information about how we have collected and used your personal information. We have made this information available to you without having to request it by including it in this Privacy Policy.
- Access to a copy of the personal information that we have collected about you. Where applicable, we will provide the information in a portable, machine-readable, readily usable format.
- Correction of personal information that is inaccurate, incomplete or otherwise out of date.
- Deletion of personal information that we no longer need to provide the Services or for other lawful purposes.
- Additional choices for residents of the European Economic Area ("EEA") and United Kingdom ("UK"):
- Request we restrict our handling of your personal information.
- Opt out of "profiling" in connection with decisions that produce legal or similarly significant effects. We do not engage in profiling in connection with decisions that produce legal or similarly significant effects.
- Object to how we are using your personal information.
- Withdraw your consent to us handling your personal information, where we are relying on your consent to process such personal information.
- Right to complain. You have the right to complain to a data protection regulator where you live or work, or where you feel a violation has occurred. If you reside in the EEA, click here to find your local supervisory authority, and here if you are in the United Kingdom.
To make a request, please email us or write to us as provided in the "How to Contact Us" section below. We may ask for specific information from you to help us confirm your identity. Depending on where you reside, you may be entitled to empower an authorized agent to submit requests on your behalf. We will require authorized agents to confirm their identity and authority, in accordance with applicable laws. You are entitled to exercise the rights described above free from discrimination.
In some instances, your choices may be limited, such as where fulfilling your request would impair the rights of others, our ability to provide a service you have requested, or our ability to comply with our legal obligations and enforce our legal rights. If you are not satisfied with how we address your request, you may submit a complaint by contacting us as provided in the "How to Contact Us" section below.
5.4 Opt out of interest-based advertising. Depending on where you are based, you may have choices to opt out of or limit our interest-based advertising activities, as follows:
- Do Not Track. Some Internet browsers may be configured to send "Do Not Track" signals to the online services that you visit. We currently do not respond to "Do Not Track" signals. To find out more about "Do Not Track," please visit http://www.allaboutdnt.com.
Note that because these opt-out mechanisms are specific to the device or browser on which they are exercised, you will need to opt out on every browser and device that you use.
6. Other Sites and Services
Our Services may contain links to websites and other online services operated by third parties. In addition, our content may be included on web pages or in mobile applications or online services that are not associated with us. These links and integrations are not an endorsement of, or representation that we are affiliated with, any third party. We do not control third party websites, mobile applications or online services, and we are not responsible for their actions. Other websites and services follow different rules regarding the collection, use and disclosure of your personal information. We encourage you to read the privacy policies of the other websites and mobile applications and online services you use.
7. Security
We use reasonable organizational, technical, and administrative measures designed to protect against unauthorized access, misuse, loss, disclosure, alteration, and destruction of personal information we maintain. Unfortunately, data transmission over the Internet cannot be guaranteed as completely secure. Therefore, while we strive to protect your personal information, we cannot guarantee the security of personal information.
8. Children's Privacy
While our website is designed for a general audience, we do not knowingly collect any data from children under the age of 13. If we learn that we have collected personal information through the website from a child under 13 without the consent of the child's parent or guardian as required by law, we will delete it.
9. Job Applicants
When you submit an application for a position with us, we collect the personal information that you provide to us in connection with your job application. This includes but is not limited to business and personal contact information, professional credentials and skills, educational and work history and other information of the type that may be included in a resume. This may also include diversity information that you voluntarily provide. We use this information on the basis of our legitimate business interests to facilitate our recruitment activities such as for candidate selection and monitoring recruitment statistics. We may also use this information to provide improved administration of the Services and as otherwise necessary (i) to comply with relevant laws or to respond to subpoenas or warrants served on us, (ii) to protect and defend our or others' rights or property, (iii) in connection with a legal investigation and (iv) to investigate or assist in preventing any violation or potential violation of the law, this Policy or our terms.
10. Retention of Personal Information
Where required under applicable laws, we retain personal information only for as long as is necessary to fulfill the purposes for which it was collected and processed in accordance with applicable laws and regulatory obligations or until you withdraw your consent (where applicable). 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 of personal information, the purposes for which we use personal information and whether we can achieve those purposes through other means, and the applicable legal and regulatory requirements.
11. Changes to This Privacy Policy
We reserve the right to modify this Privacy Policy at any time. If we make material changes to this Privacy Policy, we will notify you by updating the date of this Privacy Policy and posting it on the website.
12. How to Contact Us
97 Labs, Inc. is the entity responsible for the processing of personal information under this Privacy Policy (as a controller, where provided under applicable law).
If you have any questions or comments about this Privacy Policy, our privacy practices, or if you would like to exercise your rights with respect to your personal information, please contact us at:
97 Labs Inc., d/b/a Remark
276 5th Avenue, Suite 704-3007
New York, NY 10001
privacy@withremark.com
California Notice at Collection
Here is a high-level snapshot of our privacy practices, but you need to read the entire Privacy Policy for complete information.
*As described further in our Privacy Policy, we also may disclose personal information to professional advisors, authorities and others for legal and compliance purposes, and to business transferees in the context of an acquisition or the sale of our business or another corporate transaction.