Privacy Policy

1. Scope

This Privacy Policy applies to personal information we process as the controller of that information. It does not apply to information we process on behalf of business customers under a separate agreement, which is governed by that agreement, or to third-party websites, platforms or services that you may access through the Services, which are governed by their own policies.

2. Personal Information We Collect

Information you provide to us. We collect personal information that you provide directly, including:

• Contact and business information, such as your name, email address, telephone number, company name, job title, and the web address of a store you ask us to evaluate.
• Account information, such as the identifier and contact details associated with the method you choose to create or access an account, including a mobile number, an email address or a supported third-party account. We do not receive the password to any third-party account you use to sign in.
• Connected account information. If you choose to connect a merchant, marketplace or e-commerce account to the Services, we and our service providers process the information necessary to establish and maintain that connection and to act on your instructions, which may include order history, saved addresses, saved payment method descriptions (such as card type and last four digits) and similar account details. We do not receive or store the password to a connected account.
• Content and instructions, such as shopping requests, prompts, messages, approvals, feedback and other content you submit, and the resulting outputs, checkouts, orders and records generated by the Services.
• Communications, such as the content of emails, booking requests and other correspondence you send us.

Information we collect automatically. When you use the Services, we and our service providers automatically collect certain information, including:

• Device and usage information, such as IP address, browser type and version, operating system, device identifiers, referring URLs, pages viewed, links clicked, dates and times of access and similar diagnostic information.
• Approximate location derived from your IP address.
• Information collected through cookies, local storage and similar technologies, as described in the section below on cookies.

Information from other sources. We may receive personal information from third parties, such as authentication providers you choose to use, merchants and platforms you connect, our business partners, and publicly available sources.

3. How We Use Personal Information

We use personal information for the following purposes:

• To provide, operate, maintain and secure the Services, including to authenticate users, run the evaluations and tasks you request, and display results.
• To act on your instructions with respect to connected accounts, including to obtain checkouts and, only with your express approval, place orders.
• To communicate with you, including to respond to inquiries, schedule calls, send service-related notices and, where permitted, send information about our products and services.
• To conduct research and analysis, including to evaluate and improve AI shopping assistants and to prepare aggregated or de-identified research, benchmarks and publications.
• To develop and improve our products, services and technology.
• To detect, prevent and respond to fraud, abuse, security incidents and other harmful or unlawful activity, and to enforce usage limits and our Terms of Use.
• To comply with applicable law, legal process and regulatory obligations, and to establish, exercise or defend legal claims.
• For any other purpose disclosed to you at the time of collection or with your consent.

We may create aggregated, de-identified or anonymized information from personal information and use it for any lawful purpose. Where we maintain de-identified information, we will not attempt to re-identify it except as permitted by law.

4. How We Disclose Personal Information

We disclose personal information in the following circumstances:

• Service providers. To vendors and service providers that process personal information on our behalf, such as providers of cloud hosting and infrastructure, data storage, authentication, analytics, communications, customer support, and computing environments used to run evaluations. These providers are authorized to use personal information only as necessary to provide services to us.
• Artificial intelligence providers. To providers of artificial intelligence models and related services, to the extent necessary to process the requests and content you submit through the Services.
• Merchants and platforms you direct us to. To merchants, marketplaces and e-commerce platforms with which you connect an account or direct the Services to interact, as necessary to carry out your instructions.
• Professional advisers. To lawyers, auditors, accountants, insurers and other professional advisers, as needed.
• Legal and safety. To government authorities, law enforcement or other third parties where we believe in good faith that disclosure is required by law or legal process, or is necessary to protect the rights, property or safety of Checkout Bench, our users or others.
• Corporate transactions. In connection with an actual or proposed merger, acquisition, financing, reorganization, bankruptcy, sale of assets or similar transaction, in which case personal information may be transferred as part of that transaction.
• With your consent or at your direction.

We do not sell personal information, and we do not share personal information for cross-context behavioral advertising, as those terms are defined under applicable U.S. state privacy laws.

5. Cookies and Similar Technologies

We and our service providers use cookies, local storage and similar technologies to keep you signed in, remember your preferences, secure the Services, and understand how the Services are used. We do not use these technologies for targeted advertising. You can manage cookies through your browser settings; disabling certain cookies may affect the functionality of the Services. Where required by law, we treat Global Privacy Control signals as a valid request to opt out of the sale or sharing of personal information. Because there is no common standard for browser Do Not Track signals, we do not respond to them.

6. Retention

We retain personal information for as long as reasonably necessary to fulfill the purposes for which it was collected, including to provide the Services, comply with legal, tax and accounting obligations, resolve disputes and enforce our agreements. When determining retention periods, we consider the nature and sensitivity of the information, the purposes for which it is processed, and applicable legal requirements.

7. Security

We maintain reasonable administrative, technical and physical safeguards designed to protect personal information against unauthorized access, use, alteration and disclosure. However, no method of transmission over the internet or of electronic storage is completely secure, and we cannot guarantee the absolute security of personal information. You are responsible for maintaining the confidentiality of your account credentials. We will notify affected individuals and regulators of a security incident where and as required by applicable law.

8. International Transfers

We are based in the United States, and we and our service providers may process personal information in the United States and other countries whose data protection laws may differ from those of your jurisdiction. Where required, we rely on appropriate safeguards for such transfers, such as standard contractual clauses.

9. Your Rights and Choices

Depending on where you reside, and subject to applicable exceptions, you may have the right to:

• Request access to, or a copy of, the personal information we hold about you.
• Request correction of inaccurate personal information.
• Request deletion of your personal information.
• Request a portable copy of your personal information.
• Object to or restrict certain processing, or withdraw consent where processing is based on consent.
• Opt out of the sale or sharing of personal information, targeted advertising and certain profiling, to the extent applicable.

To exercise these rights, contact us at sher@checkoutbench.ai. We may need to verify your identity before responding, and we may decline requests where permitted by law. You may designate an authorized agent to submit a request on your behalf, subject to verification. We will not discriminate against you for exercising your rights. If we deny your request, you may appeal by replying to our decision, and, where applicable, you may contact your local data protection authority.

You may also disconnect a connected account at any time, and you may opt out of marketing emails by following the unsubscribe instructions in those emails or by contacting us. We may continue to send you service-related communications.

10. Additional Information for Individuals in the EEA, UK and Switzerland

Where the GDPR or similar laws apply, we process personal information on the following legal bases: to perform our contract with you; for our legitimate interests in operating, securing, researching and improving the Services, where those interests are not overridden by your rights; to comply with legal obligations; and with your consent, where required.

11. Additional Information for California Residents

In the preceding twelve months, we have collected the following categories of personal information described in the California Consumer Privacy Act: identifiers; customer records; commercial information; internet or other electronic network activity information; approximate geolocation; and professional or employment-related information. We collect these categories from the sources, use them for the purposes, and disclose them to the categories of recipients described above. We do not use or disclose sensitive personal information for purposes that require a right to limit under California law.

12. Children

The Services are intended for businesses and adults and are not directed to children under the age of 16. We do not knowingly collect personal information from children under 16. If we learn that we have collected such information, we will delete it.

13. Third-Party Services

The Services may contain links to, or allow you to connect with, third-party websites, platforms and services. We are not responsible for the privacy practices of those third parties, and we encourage you to review their privacy policies.

14. Changes to This Privacy Policy

We may update this Privacy Policy from time to time. If we make material changes, we will notify you by updating the effective date above and, where appropriate, by providing additional notice. Your continued use of the Services after an update constitutes acknowledgment of the updated Privacy Policy.

15. Contact Us

If you have questions about this Privacy Policy or our privacy practices, contact DNFT Inc. at sher@checkoutbench.ai or by mail at 251 Little Falls Dr, Wilmington, DE 19808.