1. Introduction

This Privacy Policy (the “Policy”) describes how PULSUUS, LLC ("we," "us," “our,” "pulsuus") collects, uses, stores, shares, and protects information that we acquire about you in connection with your use of our products, services and website (collectively, the “Services”). This Policy applies to all pulsuus Services and is available at www.pulsuus.com/legal/privacy; provided, however, that we may supply different or additional notices of our information practices specific to certain programs or activities, in which case this Policy will not apply.

2. Consent to Terms of Use and Privacy Policy

By using the Services, you agree to our Terms of Service (available at www.pulsuus.com/legal) and consent to our collection, use and disclosure practices, and other activities as described in this Policy. If you do not agree and consent, please discontinue use of the Services.

3. Information Collection Practices

The following are categories of information we collect and/or have collected directly from you in the last twelve (12) months:

3.1 Information You Provide

In connection with the Services, we may utilize registration, online surveys, and other online forms that ask users to provide their names, e-mail addresses and other personal information, as well as the following categories of information: (a) Company name and address; and (b) authentication credentials (passwords are stored using industry-standard hashing – we do not store plaintext passwords); (c) data files you upload for processing, including, without limitation, pavement engineering measurement data; and (d) the outputs generated by processing your data files. If you communicate with us by e-mail, post messages to any of our group chats, bulletin boards, or forums, or otherwise complete online forms, surveys, or contest entries, any information provided in those communications will be collected from you. You can change your contact data and preferences at any time by contacting us using the contact information at the end of this Privacy Policy. The legal bases for our processing of this data are: your consent, the performance of contractual obligations, our legitimate interests in performing payments for your purchase(s), communicating with customers, advertising our Services, creating an online presence and improving the Services we offer. This information will be retained for as long as your account remains active or as otherwise necessary to provide the Services you request. After your account is close or you cease using the Services, we generally store this information for a period of one (1) year. We may also be allowed to retain this data for a longer period whenever you have given consent to such processing, as long as such consent is not withdrawn. The recipients of this data are us and any IT service provider(s) that we use. 

3.2 Automatic Collection (Usage and Technical Data)

When you utilize certain online Services (such as our website), our servers automatically collect: (a) users’ domain names; (b) IP addresses (the number assigned to computers on the Internet); (c) device information, including the operating system used; (d) type and version of your Internet browser; (e) session activity, including the page(s) visited and the date and time of the visit; (f) location data; and (g) credit consumption and billing history (collectively, the “traffic data”). The legal bases for our processing of traffic data are your consent, our legitimate interests in creating an online presence and improving the Services we offer. Traffic data is stored for a period of one (1) year. The recipients of the traffic data are us and any IT service provider(s) that we use.

3.3 Session Technologies and Local Storage

We use session-based authentication technologies and browser local storage to provide and secure the Services. These technologies enable us to maintain your authenticated session, securely manage access and refresh tokens and remember whether you have completed certain in-product features (e.g., product onboarding tours). Application configuration and user preferences are stored on our servers rather than in your browser.

We do not use third-party advertising cookies or behavioral tracking cookies. We also do not use browser local storage or similar technologies for advertising, cross-site tracking or behavioral profiling. Disabling browser local storage or similar functionality may prevent portions of the Services from functioning properly or may prevent you from accessing your account.

The legal basis for our processing of information through these technologies is our legitimate interest in providing, securing, and maintaining the Services and, where required by applicable law, your consent. Information processed through these technologies is retained only for as long as necessary to provide the Services and maintain the security of your account, subject to our applicable data retention practices. The recipients of this information are the Company and our IT service providers that assist us in operating and securing the Services.

4. How We Use Information

In addition to the legal bases for data processing set forth in Section 3, above, we use the data we collect from you for the following purposes:

4.1 Use of Information – Generally

We use the information we collect from and about you to: (a) provide the Services, including processing your uploaded measurement data and generating results; (b) analyze and improve our Services and business; (c) fulfill product orders and other requests; (d) verify your identity; (e) communicate with you, including service-related communications such as billing notices, renewal reminders and security alerts; (f) contact you with information, newsletters and promotional material; (g) provide technical support and security for our Services; (h) develop internal marketing and demographic studies; (i) participate in other processing that we inform you about when you provide your information or when you consent to such processing; (j) calculate and bill credit consumption; (k) detect and prevent fraud, abuse, and violations of our Terms of Service, including audit of API usage; and (l) provide customer support. We also use financial information to verify your qualifications for certain Services and to process payments. Furthermore, we use your demographic data to customize and tailor your experiences, display content that may be of interest to you. We do not use your information to train, develop, or improve any artificial intelligence or machine learning model, and we do not permit third parties to use your information for such purposes.

4.2 Traffic Data

We use traffic data to analyze traffic for the Services, but we do not examine this information for your identifying information. Furthermore, we may use IP addresses to help diagnose problems with our server, to detect and prevent fraud, abuse and violations of our Terms of Service, to administer the Services, or to display content according to your preferences. 

4.3 Aggregated Data

We may use information that does not identify you (including information that has been aggregated or de-identified) for any purpose except as prohibited by applicable law.

5. Disclosure of Information

We do not sell your personal information to anyone. However, we may disclose personal information that we collect from you to the following third parties: (a) those recipients listed in Section 3 above; (b) our subsidiaries and affiliates; (c) third parties to whom you have directed or expressly authorized us to disclose your information, or to whom you have otherwise consented to our disclosing your information; and (d) contractors, vendors and service providers we use to support our business and the Services, including cloud hosting providers, payment processors, customer support providers, identity and authentication service providers, data analytics providers and other technology vendors that process personal information on our behalf in order to provide services to us. All of our support partners have agreed to only use your information to carry out their specific business obligations to us and are required to maintain reasonable administrative, technical and physical safeguards to protect your information. We may also disclose personal information that we collect from you in the event of a merger, acquisition, or any form of sale of some or all of our assets, in which case personal information collected will be among the assets transferred to the buyer. Furthermore, we may disclose your personal information to: (i) perform the Services; (ii) comply with any court order or other legal obligation; (iii) enforce or apply our Terms of Service and other agreements; and (iv) protect the rights, property or safety of our business, our clients, customers, employees or others. We do not share your information with any third party for the purpose of training or developing artificial intelligence or machine learning models.

6. Additional Disclosures for California Residents

The terms of this Section 6 apply to individuals who reside in California. The California Consumer Privacy Act of 2018 (“CCPA”), as amended and supplemented by the California Privacy Rights Act of 2020 (“CPRA”), provides additional rights to know, delete and opt out, and requires businesses collecting or disclosing personal information and sensitive personal information to provide notices and means to exercise certain rights. Unless otherwise specified herein, to exercise any of these rights, please submit a request to us using the contact details at the end of this Privacy Policy. In the request, please specify which right you are seeking to exercise and the scope of the request. We will confirm receipt of your request within ten (10) days. We may require specific information from you to help us verify your identity and process your request. 

6.1 Notice of Collection

In the past twelve (12) months, we have or may have collected and disclosed the following categories of personal information enumerated in the CCPA and CPRA: (a) identifiers, including name, e-mail address, online identifier, phone number, and IP address; (b) personal information listed in the California Customer Records statute, including name, billing and shipping address and telephone number; (c) commercial information, including purchases, your subscription and engagement with the Services; (d) internet activity, including browsing history, search history, your interactions with our Services and performance data; and (e) geolocation data.

6.2 Right to Know and Delete

You have the right to delete personal information we have collected from you and the right to know certain information about our data practices in the preceding twelve (12) months. In particular, you have the right to request the following (and the deletion of the following) from us: (a) the categories of personal information we have collected about you; (b) the categories of sources from which the personal information was collected; (c) the categories of personal information about you we disclosed for a business purpose or sold; (d) the categories of third parties to whom the personal information was disclosed for a business purpose or sold; (e) the business or commercial purpose for collecting or selling the personal information; and (f) the specific pieces of personal information we have collected about you. 

6.3 Right to Limit Sharing of “Personal Information”

We do not sell or share your “personal information” as those phrases are defined in the CCPA. If our data processing practices change in the future such that we engage in activities constituting a “sale” or “sharing” of personal information, we will update this Policy accordingly and provide an opportunity to exercise any applicable opt-out rights. 

6.4 Right to Limit Disclosure and Use of “Sensitive Personal Information”

You have the right, at any time, to request that we limit our use and disclosure of your “sensitive personal information”, as that phrase is defined in the CPRA, to those uses and disclosures that are necessary for us to: (a) perform the Services, as reasonably expected by an average consumer who requests the Services; and (b) engage in the activities expressly set forth in CPRA and related regulations. To make such a request, please contact us using the contact information at the end of this Policy.

6.5 Authorized Agent

You can designate an authorized agent to submit requests on your behalf. However, we will require written proof of the agent’s permission to do so and verify your identity directly.

6.6 Right to Non-Discrimination

You have the right not to receive discriminatory treatment by us for the exercise of any of your rights.

6.7 Right to Correct

You have the right to request that we correct any inaccurate personal information about you.

6.8 Shine the Light

Consumers who are residents of California who provide personal information in obtaining products or services for personal, family or household use may request: (a) a list of the categories of personal information disclosed by us to third parties during the immediately preceding calendar year for those third parties’ own direct marketing purposes; and (b) a list of the categories of third parties to whom we disclosed such information.

7. Resident of Other U.S. States

Residents of certain other U.S. states that have enacted comprehensive consumer privacy laws, including Arkansas, Colorado, Connecticut, Delaware, Florida, Indiana, Iowa, Kentucky, Maryland, Minnesota, Montana, Nebraska, New Hampshire, New Jersey, Oregon, Rhode Island, Tennessee, Texas, Utah and Virginia may have certain rights regarding their personal information. Each of these states has enacted its own comprehensive privacy law, and we comply with the applicable requirements of each such law.

Subject to applicable law, residents of these states may have the right: (a) to confirm whether we process your personal data and to access such personal data; (b) to correct inaccuracies in your personal data; (c) to request that we delete your personal data; (d) to obtain a copy of the personal data that you have provided to us in a portable and, to the extent technically feasible, readily usable format; and (e) to opt out of the processing of your personal data for purposes of targeted advertising, the sale of personal data, or profiling. The availability and scope of these rights may vary depending on your state of residence and the applicable law.

To exercise any of these applicable rights, please contact us using the contact information at the end of this Policy. We will respond to your request within the time frame provided by law. We may require specific information from you to help us verify your identity and process your request. Where required by applicable law, if we decline to take action regarding your request, you can appeal that decision by submitting an appeal request via email to our Data Protection Officer, Gabriel Bazi, at gbazi@pulsuus.com. We will inform you in writing of any action taken or not taken in response to the appeal, including a written explanation of the reason for the decision, within the timeframe required by law. If your appeal is denied, you may have the right to submit a complaint to the Attorney General’s office of your state.

8. GDPR and DPA of 2018 Compliance

This Section applies to individuals who are located in the European Union and the United Kingdom. Your use of our Services may involve the processing of “personal data” of which pulsuus is the “controller,” as such terms are defined in Regulation (EU) 2016/679 (the General Data Protection Regulation) (“GDPR”) and, for individuals in the United Kingdom, the GDPR as incorporated into United Kingdom law (“UK GDPR”), together with the United Kingdom’s Data Protection Act 2018 (“DPA 2018”).

In accordance with the GDPR and UK GDPR, please be advised of the following: (a) we do not engage in automated individual decision-making that produces legal or similarly significant effects; (b) you have the right to request information at any time about the personal data that we are processing about you; (c) you have the right to receive personal data processed on the basis of contract or consent and by automated means in a structured, commonly used, and machine-readable format; (d) if your personal data is incorrect or incomplete, you have the right to have it corrected and completed; (e) you may request the erasure of your personal data, provided that we are not subject to legal obligations that require or permit continued processing; (f) where the applicable legal requirements are met, you may request a restriction on the processing of your personal data; (g) you have the right to object to the processing of your personal data for direct marketing purposes or profiling; (h) where processing is based on legitimate interests, you may object to such processing by stating reasons arising from your particular situation; (i) where processing is carried out on the basis of consent or a contract, you have the right to receive the personal data you have provided to us and to transmit that data to another controller, insofar as the rights and freedoms of others are not adversely affected; (j) where we process your personal data based on your consent, you have the right to withdraw that consent at any time with future effect; and (k) you have the right to lodge a complaint with a data protection supervisory authority in the European Union or the United Kingdom, as applicable, if you believe that our processing of your personal data violates applicable law.

If you wish to exercise any of these rights, please contact us using the contact information provided at the end of this Privacy Policy. We will respond to your request within the time period required by applicable law, which is generally one month and may be extended where permitted by law. We may request specific information from you to help us confirm your identity and process the request. If we decline your request, we will inform you of the reasons for our decision, subject to legal restrictions.

9. Communications

If you do not wish to receive information and promotional material from us or from some of our partners, you may select the appropriate “opt-out” operation each time we ask for your information. You can also opt-out of promotional e-mails from us by following the procedure set forth on the “Unsubscribe” page of our website (www.pulsuus.com/e-newsletter/unsubscribe), or e-mailing us at info@pulsuus.com with “UNSUBSCRIBE” in the subject line of the e-mail.

10. Data Security

We use security measures to prevent the loss, misuse and alteration of the information we obtain from you, but we make no assurances about our ability to prevent any such loss, misuse or alteration. By using the Services, you expressly acknowledge and agree that we do not guarantee the security of any data provided to or received by us through the Services and that any personal information, general information or other data or information received from you through the Services is provided to us at your own risk, which you expressly assume. In the event that any information under our control is compromised as a result of a breach of security, we will take reasonable and appropriate steps to investigate the situation, notify those individuals whose information may have been compromised in accordance with any applicable laws and regulations, and take other steps as appropriate.

11. International Transfer of Data

We are based in the United States of America. The information we collect is processed at our operating offices in the United States and in other locations where the parties involved in the processing are located. If you are accessing the Services from outside the U.S., please be aware that information collected through the Services may be transferred to, processed, stored and used in the U.S. and other jurisdictions. Data protection laws in the U.S. and other jurisdictions may be different from your country of residence. Your use of the Services or provision of any information therefore constitutes your consent to the transfer to and from, processing, usage, sharing, and storage of information about you in the U.S. and other jurisdictions as set out in this Policy. If your data is collected outside of the United States, we will transfer your personal data subject to appropriate safeguards, such as European Standard Contractual Clauses, where required by applicable law.

12. Other Websites and Services

The Services may, from time to time, contain links to and from websites, platforms and other services not operated or controlled by us. If you follow a link to any of these locations, please note that these locations have their own privacy policies and that we do not accept any responsibility or liability for their policies.

13. Children’s Privacy

We direct our Services to a general audience and do not direct any of our content at children under 18 years of age (or older if applicable law provides for different protections). We understand and are committed to respecting the sensitive nature of children’s privacy online. If we learn or have reason to suspect that a child has provided personal information to us, we will promptly delete any such personal information. A child’s parent or guardian may request that the personal information of their child be deleted from our records by contacting us using the contact information found at the end of this Policy.

14. Non-Discrimination

We will not discriminate against you if you exercise your rights under this Privacy Policy. 

15. Modifications to Privacy Policy

We reserve the right, at any time, to add to, change, update or modify this Policy, simply by posting such change, update or modification on our website and without any other notice to you. Any such change, update or modification will be effective immediately upon posting on our website. It is your responsibility to review this Policy from time to time to ensure that you continue to agree with all of its terms. When we change the Policy we will reflect the “last modified” date at the top of this Policy.

16. Contact Us

Questions about this Privacy Policy or requests to exercise your rights may be directed to:

pulsuus, llc

4830 W. Kennedy Blvd, Suite 600

Tampa, Florida 33609, USA

info@pulsuus.com