PRIVACY POLICY ("Policy")

Any terms not defined herein shall have the meaning assigned to them in the Terms.

1. NOTICE AT COLLECTION

We collect personal information as described in this Policy. This "Notice At Collection" summarizes the categories of personal information we may collect, the purposes for which we use it, and your rights under applicable law.

1A. CATEGORIES OF PERSONAL INFORMATION COLLECTED

We may collect information including, but not limited to:

1B. PURPOSES FOR COLLECTION AND USE

We use personal information for “necessary business purposes” in a manner that is reasonably necessary and compatible with providing the Services. These uses include operating, providing, maintaining, and improving our services; authenticating and managing accounts; processing transactions and facilitating connections and communications with existing and prospective third parties; detecting, investigating, and preventing fraud, misuse, or security incidents; complying with legal, regulatory, and contractual requirements; communicating with you about the Services, updates, and support; conducting research, analytics, audits, and reporting; exercising, defending, and protecting legal rights; and for any other lawful business purposes permitted under applicable law. We may also share limited data with trusted service providers and partners that help us deliver and enhance the Services.

For “secondary purposes”, which are subject to consumer consent or control, we may use personal information to develop new products, features, and business initiatives, perform secondary analytics, and facilitate lead generation, outreach, and marketing or promotion activities (subject to opt-out rights, where applicable). Furthermore, we may share or sell personal information for targeted advertising (also known as cross-context behavioral advertising). You may opt out of these secondary uses at any time as described further in Section 1F below.

In some cases, we act as a ‘service provider’ or ‘processor’ on behalf of our customers. In such cases, we process personal information only according to these terms, customer instructions, and contractual agreements.

1C. SALE OR SHARING OF PERSONAL INFORMATION

We may share or disclose information with service providers and vendors supporting our business operations (e.g., hosting, analytics, security, payments) and integrated third-party providers who may share information with one another to deliver requested services. Additionally, our Services may integrate with or link to third-party platforms, websites, or Third-Party Services. Any information you provide directly to those third parties is governed by their respective privacy policies and practices. We are not responsible for the privacy, security, or data handling of those third parties, and you should review their terms before engaging with any such parties.

We may also share or disclose information with our affiliates and subsidiaries for internal business purposes; professional advisors such as attorneys, auditors, and insurers; regulators, law enforcement, and authorities where legally required; business successors in a merger, acquisition, or sale; and other parties where necessary to operate our business, protect rights, or as otherwise permitted by law.

We may share or sell personal information for targeted advertising (also known as cross context behavioral advertising). You may opt out of the selling or sharing of your personal information at any time in accordance with Section 1F below.

1D. DATA RETENTION

We retain data for as long as reasonably necessary to provide services, comply with obligations or applicable law, resolve disputes, and pursue legitimate business purposes. Retention periods vary depending on the nature of the data and legal/regulatory requirements. Where possible, we anonymize or de-identify data when it is no longer needed.

1E. MORE ON SENSITIVE INFORMATION

We use Sensitive Personal Information as reasonably necessary to provide, maintain, and secure the Services; prevent fraud and comply with legal obligations; and carry out transactions or operations you request. In some cases, and only where permitted by law and with your explicit consent, we may also use Sensitive Personal Information for additional secondary purposes described further in Section 1C above.

By using the Platform, you acknowledge and agree to the collection and use of your personal information for the purposes set out in this Privacy Policy. For any secondary uses of Sensitive Personal Information that require explicit consent, we will obtain such separate and explicit consent via a "pop-up" notice during registration for the Services before processing that data.

1F. YOUR PRIVACY RIGHTS; OPT OUT OF SELLING/SHARING, LIMITATION SENSITIVE INFORMATION, AND OTHER RIGHTS

Depending on your state of residence, you may have the right to know, access or copy your data; request correction or deletion; appeal a decision; opt out of the sale or sharing of your personal information, including for targeted advertising; limit the use of Sensitive Personal Information to only what is necessary; and be free from retaliation for exercising your rights.

To protect your privacy and maintain security, we will take steps to verify your identity before processing any such request, which may include verifying information you provide with our records. Authorized agents must provide written authorization or proof of power of attorney. Notwithstanding any such request, we may continue to process personal information for necessary purposes such as service provision, security, and compliance with law even if you opt out.

You may exercise the above rights at any time by:

Where required by law, we also recognize and honor Global Privacy Control (GPC) signals sent by your browser or device as a valid request to opt out of the sale or sharing of your personal information.

If we deny any such request, you may appeal our decision by contacting us at privacy@gotavi.com or completing a Privacy Rights Request Form. We will review and respond within the timeframe required by law. We will not discriminate against you for exercising your privacy rights, such as by denying services, charging different prices, or providing a different quality of service, except as permitted by law.

Please note, any limitation or modification of consent may affect service availability.

2. SECURITY MEASURES

We implement reasonable administrative, technical, and physical safeguards designed to protect the information we collect and maintain against loss, misuse, unauthorized access, disclosure, alteration, or destruction. These measures may include encryption in transit and at rest, access controls based on role and need-to-know, multi-factor authentication, network monitoring, secure storage, and periodic security testing. We also require our third party service providers and business partners that process personal information on our behalf to implement and maintain appropriate security measures consistent with applicable data protection laws and industry standards.

Despite these efforts, no security system is completely secure, and we cannot guarantee absolute protection of information. Unauthorized access, hardware or software failure, and other factors may compromise data security. If we become aware of a data breach that affects your personal information, we will take steps consistent with applicable law, including providing notice where required.

We also encourage users to help protect their information by using strong passwords, keeping account credentials confidential, and promptly notifying us of any suspected unauthorized activity.

3. COOKIES AND TRACKING TECHNOLOGIES

We and our partners use cookies, pixels, SDKs, APIs, and similar tools—now known or later developed—to enable essential platform functions, remember preferences, conduct analytics and measure performance, and deliver targeted advertising and promotions.

You may adjust browser settings to control cookies, though essential cookies cannot be disabled. Please note that disabling cookies may affect certain features of the Services.

As detailed in Section 1F above, certain U.S. state laws provide residents with the right to opt out of the “sale” or “sharing” of personal information. This right applies to information collected through technical means, such as cookies and tracking technologies used for targeted advertising. Please refer to Section 1F to learn how you can exercise your opt-out rights with respect to such cookies and tracking technologies.

4. LIMITATION OF LIABILITY FOR DATA BREACHES

To the maximum extent permitted by applicable law, our obligations with respect to a Security Incident are limited to: (i) providing any notifications to you or to regulators strictly as required by applicable law; and (ii) providing reasonable cooperation with your own incident response efforts, to the extent such cooperation is directly related to our Services. We will not be responsible for, and expressly disclaim all liability arising out of: (i) Security Incidents caused by your systems, devices, or accounts, or by third-party platforms, integrations, or vendors not under our control; (ii) any delays or failures in your own compliance with legal or contractual obligations; or (iii) any regulatory investigations, fines, penalties, assessments, loss of business, reputational harm, or other indirect, incidental, consequential, or punitive damages.

Our total liability to you for all claims relating to a Security Incident will not exceed the greater of: (i) the fees earned by you pursuant to a separate written agreement and unpaid by us in the 12 months before the claim, or (ii) $1,000.

You are solely responsible for: (i) implementing appropriate security measures on your own systems and networks; (ii) safeguarding your credentials and access keys; and (iii) ensuring that any parties whom you permit access to use our Services maintain appropriate security controls.

5. INTERNATIONAL USE

Our Services are designed, marketed, and operated for U.S. businesses only. We do not actively market internationally. All data processing occurs in the United States under U.S. law. Non-U.S. access by U.S. users occurs entirely at the user's risk and compliance responsibility. If you are a U.S. user accessing while abroad, your data will continue to be processed solely under U.S. law. This Policy does not extend rights or obligations under foreign privacy laws.

6. CHILDREN'S PRIVACY

Our Services are not directed to, and are not intended for use by, individuals under the age of 18. We do not knowingly collect, maintain, or process personal information from anyone under the age of 18. If you are under 18, you must not use the Services or provide any personal information to us.

If we become aware that we have inadvertently collected personal information from a minor in violation of this Policy, we will take steps to delete such information promptly. We may also disable the account or access associated with that individual.

Parents or legal guardians who believe that their child under 18 has provided personal information to us may contact us at privacy@gotavi.com to request deletion.

To the maximum extent permitted by law, we disclaim all responsibility for any use of the Services by individuals under 18 in violation of this Policy.

7. BUSINESS TRANSFERS

If Gotavi undergoes a merger, acquisition, restructuring, or sale, your account and information relating thereto may be transferred or assigned as part of such transaction.

8. CONTACT US

If you have inquiries regarding this Privacy Policy, our data practices, or your applicable rights, you may contact us at:

Gotavi LLC
103 Norben Rd.
Monsey, NY 10952
Email: privacy@gotavi.com