Privacy Policy
Effective date: February 24, 2023
Introduction
Protecting your private information is our priority. Here's a summary of our commitments to you:
We never sell your data.
We never advertise in Conker.
We don’t own the content you add to Conker.
We use the latest security industry best practices to protect you.
We are transparent about our practices and will notify you if things change.
We are compliant with FERPA, COPPA, GDPR and the Australian Privacy Act.
This Statement of Privacy applies to https://www.conker.ai and any related applications and services, and governs data collection and usage. By using the Conker website, you consent to the data practices described in this statement. Conker is a trading name for Mote Technologies, Inc. and this Privacy Statement is a modified version of the Privacy Statement available at https://www.mote.com/privacy
Our Commitment To Protecting Childrens’ Privacy
Everyone at Conker takes the privacy of students and children extremely seriously. Educators that have the authority to act on parents’ behalf may allow students under 13 to use our services and products, if such use is for educational purposes, and if this use ensures that students will not provide any personal information and will not share, or otherwise, distribute recordings containing personal information.
In order to provide the utmost level of data privacy and security for users under the age of 18, we require all users to indicate whether they are 18 years of age or older, or under 18 years of age, at the time that they sign-in. For those users under 18, we:
Remove their email addresses and device-level IP addresses from any data shared with third parties.
Remove them from any email communications, other than essential email notifications.
Reserve the right to refuse to provide them with customer service support.
Restrict access to certain features within the Conker product experience.
Reserve the right to implement differentiated content retention policies for these users, through such methods that may include, but are not limited to, reducing the length of time that user content is available on the Conker service.
At any time, you may correct, update, remove or request access to personal information we may have about you by sending an email request. Parents and educational institutions that have provided minor students with access to Mote may correct, update, remove or request access to the minor’s personal information by sending an email request to support@conker.ai.
Please be advised that in an effort to further safeguard against unauthorized access to private information of our users, Conker has implemented verification procedures to ensure that those seeking access to such information are, in fact, legally entitled to do so (i.e., they are the account holder or authorized administrator from his/her/their educational institution). Those parents and educators/administrators with additional inquiries about these privacy policies may contact: William Jackson, CEO, Mote Technologies, Inc. 548 Market St, PMB 52828, San Francisco, California 94104-5401 US. Tel: +1 (205) 880-8969
What Data Do We Collect?
In order to provide you with products and services offered on our Site, Conker collects personally identifiable information from users, such as your First and Last Name and Email Address. If you purchase Conker's products and services, we collect billing and credit card information as well. Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data through Conker's public message boards, this information may be collected and used by others. We do not collect any personal information about you unless you voluntarily provide it to us.
How Do We Collect Your Data?
You directly provide Conker with most of the data we collect. We collect and process data when you:
Register for an account on our website.
Send us an email message
Submit your credit card or other payment information when ordering and purchasing products or services on our website.
Use or view our website.
How Will We Use Your Data?
Conker uses your data to:
Operate our website(s) and manage your account with us.
Deliver the products and/or services requested by you.
Inform you of other products or services available from Conker and its affiliates.
Send you additional Conker-related communications, such as user education bulletins, user surveys, and company updates.
Send you legally required communications.
Process and complete purchase transactions.
Provide online access to your audio recordings.
When Conker processes paid subscription orders, we may send your data to, and also use the resulting information from, credit reference agencies, solely for the purpose of preventing fraudulent purchases.
Legal Grounds for Processing EEA and UK User Data
The European Union, or “EU,” includes the following countries: Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain and Sweden. The European Free Trade Association, or “EFTA,” is comprised of Iceland, Liechtenstein and Norway (excluding Switzerland). The European Economic Area, or “EEA”, collectively refers to the members of both the EU and EFTA.We only collect and process information about EEA users, (and UK users), if we are authorized to do so under applicable EU, (and UK), Laws. The legal grounds for doing so depend on the services you use and how you use them. This means that we only collect and use EEA user information under the following circumstances:
When necessary to provide the user with our services
When required by the user to operate / utilize the service provided
When needed to provide customer support to the user
When required to personalize features, but only when intended to protect the safety and security of services provided to the user;
When doing so satisfies a legitimate interest that is not overridden by the user’s data protection interests (i.e, for research and development; to market and promote our services or to protect our legal rights and interests);
When the user gives us consent to do so for a specific purpose; or
When the user data is required to comply with a legal obligation.
With Whom Do We Share Your Information?
Conker does not sell, rent or lease your information. We don’t share your information except with trusted partners to help deliver your service, perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to Conker, and they are required to maintain the confidentiality of your information. Conker will only share user data - including student data - with third parties whose privacy policies are consistent with Conker's own policies as described herein. In particular, all of Conker's third party service providers are certified GDPR-compliant.
We maintain a list of these third party service providers on our Help & Support site.
Conker may disclose your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Conker or the site; (b) protect and defend the rights or property of Conker; and/or (c) act under exigent circumstances to protect the personal safety of Conker users and/or the public.
If you are a paying customer or initiate our checkout process, contact and billing information is stored in Chargebee’s Level 1 compliant database. For more information about Chargebee’s security measures, click here.
Tracking User Behavior
Conker may keep track of the websites and pages our users visit within Conker, in order to determine what Conker services are the most popular. This data is used to deliver customized content within Conker to customers whose behavior indicates that they are interested in a particular subject area.
Conker may also keep track of the shared forms and quizzes that users created in order to help users understand engagement with these, and to inform our product development.
Conker does not sell personal information and does not collect, use or share such information for any purposes other than to provide the Conker service to you. Conker does not engage in advertising of any kind targeting minors, and in particular does not engage in behavorial targeting of advertising to minors.
Automatically Collected Information
Information about your computer hardware and software may be automatically collected by Conker. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the Conker website. Wherever possible and practicable, we will anonymize IP addresses using such methods as, by way of example only, removing the last three digits.
Cookies And Other Personalization Technologies#
Conker may use various technologies to collect and store your information, including cookies, pixel tags, local storage application data caches, and server logs, to help you personalize your online experience. (collectively "Cookies"). A Cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.
Most Web browsers automatically accept Cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Conker services or websites you visit.
What Types of Cookies Do We Use?
We use cookies to make our products and services function as needed by our users, and to ensure we can continue to improve our products and services. We do not use cookies for the purposes of advertising or commercially exploiting user information.
“Essential Cookies” or “First Party Cookies” are sometimes referred to as “strictly necessary,” because we cannot provide the functionality that our users need to use our services without them. For example, Essential Cookies may ensure that we know whether you have registered with us, and whether you have confirmed your age with us.
“Analytics Cookies” track information about visits to the Conker website so that we can make improvements and report our performance. For example, these cookies allow us to analyze the number of times users listen to Conker content or read help site articles.
To learn more about cookies, go to www.allaboutcookies.org.
Links
Our website and some products/services contain links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally-identifiable information.
Security of your Personal Information
Conker securely stores your personal information from unauthorized access, use, or disclosure at our Cloud Storage service provider, Amazon Web Services, in Oregon, USA. Conker uses the following methods for this purpose: - SSL Protocol and password protection of all data storage systems. When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Sockets Layer (SSL) protocol.
We delete inactive accounts, including all personal information and content, after one year. Information on content retention for active users can be found here.
Conker takes various security measures—physical, electronic, and procedural—to help defend against the unauthorized access, alteration and/or disclosure of your personal information. In addition to the restrictions discussed in this Privacy Policy, our employees are required to comply with information security safeguards, and our systems are protected by technological measures to help prevent unauthorized individuals from gaining access. Mote Technologies’ employees are trained to observe and comply with applicable country, regional and local privacy laws in the handling, processing, and storage of your information.
Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, you acknowledge that: (a) there are security and privacy limitations inherent to the Internet which are beyond our control; and (b) security, integrity, and privacy of any and all information and data exchanged between you and us through this Site cannot be guaranteed.
Conker will allow a successor entity to maintain user data, in the case of our merger or acquisition by another entity, provided the successor entity agrees to be bound to these same commitments for the previously collected user data. If a successor entity is unable or unwilling to make such a commitment, Conker will provide notification to users and account administrators, consistent with the commitments made under the 'Changes to this Statement' section below.
In the unlikely event that Conker goes out of business or files for bankruptcy, we will protect your personal information and not sell it to any third party.
Breach Policy
In the unlikely event that Conker comes to suspect a breach of the robust protective measures we have in place with respect to the data we collect, we will carry out an expeditious assessment of whether someone has, in fact, obtained unauthorized access to your protected data. For purposes of this policy, a breach is any unauthorized acquisition of computerized data that compromises the security, confidentiality, or integrity of personal information that we maintain.
If we determine that a breach has occurred, or even if we conclude that it’s reasonably likely to have taken place, we will immediately send you notice setting forth the following information:
Date of the breach;
Types of information subject to the breach;
A description, in clear and plain language, of the nature of the breach, what occurred, and all reasonably likely consequences of the breach;
Steps we are taking and those proposed to be taken to address the breach (including, where appropriate, any measures to mitigate its possible adverse effects); and
The name and contact information of a designated Conker representative that you can contact to discuss the matter further, ask questions, request further information, etc...
Should your use of Conker be part of a formal arrangement with a school district or other educational agency (regardless of whether your relationship with that institution is as a student, teacher, administrator, staff member, or something else), we will also provide the same notice via email and telephone to those person(s) designated by the district/agency for receipt of such information. In such an instance, you may receive notice of the breach described above directly from the district/agency on our behalf.
In either case, and regardless of whether we determine that a breach has actually occurred or not, we will adhere to all national, state and local data breach regulations applicable to the impacted user(s), which may include providing notice to legal authorities, as mandated by the laws of your country and/or regional/local jurisdiction.
For ease of reference, users in Australia, Canada, England and the United States may learn more about the privacy laws, rules and regulations enforced by their respective federal agencies by visiting the corresponding website listed below:
Australia: Office of the Australian Information Commissioner
Canada: Office of the Privacy Commissioner of Canada
United Kingdom: Information Commissioner's Office
United States: Federal Trade Commission
Email Communications
From time to time, Conker may contact you via email for the purpose of providing announcements, promotional offers, alerts, confirmations, surveys, and/or other general communication. In order to improve our Services, we may receive a notification when you open an email from Conker or click on a link therein.
If you would like to stop receiving marketing or promotional communications via email from Conker, you may opt out of such communications by clicking on the Unsubscribe link.
Changes to this Statement
Conker reserves the right to change this Privacy Policy from time to time. We will notify you about significant changes in the way we treat personal information in the following ways:
Sending a notice to your primary email address, and to authorized account administrators in the case of minors
Placing a prominent notice on our site and our applications, and requiring your acknowledgement in order to proceed with use
Updating any privacy information on this page.
Your continued use of the Site and/or Services available through this Site after such modifications will constitute your: (a) acknowledgment of the modified Privacy Policy; and (b) agreement to abide and be bound by that Policy.
In the event that you do not agree with the changes in Policy you will be entitled to a refund for any remaining period of active subscription, and to have your account and all of your data permanently deleted.
How to contact us
If you have any questions about Conker’s privacy policy, the data we collect, or if you would like to exercise one of your data protection rights, please do not hesitate to contact us by email at support@conker.ai.
What Are Your Data Protection Rights?
Conker would like to make sure you are fully aware of all of your data protection rights. Every user is entitled to the following:
The right to access - You have the right to request copies of your personal data from us. We may charge you a small fee for this service.
The right to rectification - You have the right to request that Conker correct any information you believe is inaccurate. You also have the right to request that Conker complete information you believe is incomplete.
The right to erasure - You have the right to request that Conker erase your personal data, under certain conditions.
The right to restrict processing - You have the right to request that Conker restrict the processing of your personal data, under certain conditions.
The right to object to processing - You have the right to object to Conker’s processing of your personal data, under certain conditions.
The right to data portability - You have the right to request that Conker transfer the data that we have collected to another organization, or directly to you, under certain conditions.
You may correct, update, remove or request access to your personal information that we collect by sending a request to support@conker.ai. We may not be able to completely remove your personal information from our systems in certain circumstances. For example, we may retain your personal information for legitimate business purposes, if it may be necessary to prevent fraud or future abuse, or if required by law.
EU-U.S. Data Privacy Framework (EU-U.S. DPF) and the UK Extension to the EU-U.S.
Mote Technologies, Inc. complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF) and the UK Extension to the EU-U.S. DPF as set forth by the U.S. Department of Commerce. Mote Technologies, Inc. has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union in reliance on the EU-U.S. DPF and from the United Kingdom (and Gibraltar) in reliance on the UK Extension to the EU-U.S. DPF. If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles, the Principles shall govern. To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit https://www.dataprivacyframework.gov/.
Mote Technologies, Inc. complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF) and the UK Extension to the EU-U.S. DPF (“the framework”) as set forth by the U.S. Department of Commerce. Mote Technologies, Inc. has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union in reliance on the EU-U.S. DPF and from the United Kingdom (and Gibraltar) in reliance on the UK Extension to the EU-U.S. DPF. If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles, the Principles shall govern. To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit https://www.dataprivacyframework.gov/.
Under the terms of the framework, Mote Technologies, Inc. is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC).
In compliance with the framework, Mote Technologies, Inc. commits to resolve DPF Principles-related complaints about our collection and use of your personal information. EU and UK individuals with inquiries or complaints regarding our handling of personal data received in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF, should first contact Mote Technologies, Inc. at support@mote.com.
In compliance with the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF, Mote Technologies, Inc. commits to cooperate and comply respectively with the advice of the panel established by the EU data protection authorities (DPAs) and the UK Information Commissioner’s Office (ICO) with regard to unresolved complaints concerning our handling of personal data received in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF.
Right to Arbitration: You may invoke binding arbitration for issues related to personal data handling, as per Annex I of the Data Protection Framework (DPF) Principles. To do so, please contact us at support@mote.com.
Lawful Disclosure of Information: Mote Technologies, Inc. may disclose your personal data when legally required by public authorities, including for national security or law enforcement purposes, while striving for transparency with affected individuals where possible.
Liability in Onward Transfers: Mote Technologies, Inc. is liable for protecting your data when transferred to third parties, ensuring its secure and responsible processing in line with our privacy commitments and legal obligations.
Contact Information
Conker welcomes your questions or comments regarding this Statement of Privacy and the data we collect. If you believe that Conker has not adhered to this Statement, or if you would like to exercise any of the rights listed above, you may always contact us at support@conker.ai. We will respond to all requests as soon as reasonably possible, and in all instances no longer than thirty days after receipt.