Orkes Privacy Policy

Effective date: February 23, 2022

This Privacy Policy tells you how Orkes, Inc. (“Orkes,” “we,” “us,” “our”) collects, uses and shares your information when you visit the  Orkes Conductor website orkes.io and any associated applications (collectively the “Site”) or you use our services effective as of the date posted above.  By using the Site or services and submitting information you agree that we may use and disclose your information according to the terms of this Privacy Policy.  

1. Information collected.

We automatically collect information when you visit the Site including information about your device (IP address, operating system, device identifier, etc.), your general location information, statistical information such as the dates and times you accessed the Site and statistics about how you use the Site.

You are invited to visit the Site without providing any information about yourself, but we may collect Personal Information about you when you visit the Site or use our services.  “Personal Information” is information that, directly or indirectly, identifies you or another individual and which may include: name, title, company name, expertise, postal address, telephone number, email address, browser and device information (including Internet Protocol (IP) address), and information collected through cookies and other similar technologies. If you submit any Personal Information relating to other people to us or to our service providers in connection with the Site, you represent that you have the authority to do so, have provided a copy of this Privacy Policy to the relevant individual, and that they permit us to use the information in accordance with this Privacy Policy.

We collect information that you voluntarily submit when visiting the Site such as contact information (name, postal and email address, business affiliation, phone number, etc.) if you contact us with an inquiry, social media interactions, or participation in a survey, promotion or online event.  We may also provide the means for you to explore employment opportunities with us.  We use a third party service provider to assist us in this process.  Information collected and shared back to us includes resume information about you, your employment and education history and special skills.  We may also reach out to your references and conduct background checks using third party resources.  If you post comments on the Site or through social media or other platforms (like GitHub, Slack or Twitter), we collect and retain such communications.

When you use our products or services, we may collect Personal Information when you register for an account, contact our customer support, or communicate with us in connection with your interactions with us.  This may include your contact information (name, postal and email address, business affiliation, phone number, etc.), log in credentials, and information you submit in connection with access to our customer support team.

We may also, from time to time, collect information from third parties such as job references, marketing, staffing, and research partners and social media platforms.  This information can include information that you have posted to such sites and information others have gathered about you.

2. Use of information.

We use the collected information for our general commercial purposes such as to improve our Site, grow our business and to offer our own or third-party products or services that we think you may find of interest.  We use your contact information to respond to your inquiries or to provide information on products or services to you.

Where your consent is not mandatory, we may process Personal Information on the following lawful bases:

•        For the performance of a contract between you and us or to answer questions or take steps at your request prior to entering into a contract.

•        As necessary in certain legitimate interests (including our business interests), provided such interests are not overridden by your interests or fundamental rights and freedoms.

•        As necessary for our compliance with legal obligations to which we are subject.

We will process Personal Information for the following purposes as is necessary for the performance of a contract or transaction between you and us or to answer questions or take steps at your request prior to entering into a contract:

•        To administer or otherwise carry out our obligations in relation to any agreement to which we are a party;

•        To assist you in completing a transaction or order;

•        To prepare and process invoices;

•        To respond to queries or requests and to provide the services and associated support;

•        To provide customer relationship management;

•        To create and manage our accounts;

•        To notify you about changes to our services; and

•        To send you routine customer service messages, or information on updates.

We will process Personal Information for the following purposes as necessary for certain legitimate interests, including:

•        To offer our services to you in a personalized way;

•        To send you personalized marketing communications where your consent is not required;

•        To allow you to participate in questionnaires, surveys, contests and surveys and benefit from personalized promotional offers;

•        To monitor quality control and ensure compliance with any and all applicable laws, regulations, codes and ordinances, for example, in response to a request from a court or regulatory body, where such request is made in accordance with the law;

•        To resolve any disputes;

•        As part of our efforts to keep our Site, services and premises safe and secure;

•        To ensure the security of your account and our business and to prevent or detect malicious activity or abuses of our Site and services, for example, by requesting verification information in order to reset your account password (if applicable);

•        To administer our Site and services, and for internal business administration and operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;

•        To create products or services that may meet your needs; and

•        To develop and improve our products and services.

We will process Personal Information for the following purposes as necessary for our compliance with legal obligations to which we are subject, including:

•        Preventing or detecting fraud; and

•        Ensuring compliance with any applicable laws, regulations, codes and ordinances, for example, in response to a binding request from a court or regulatory body, where such request is made in accordance with the law.

We may also process Personal Information where you have given your informed consent to such processing, for example where you have signed up to one of our mailing lists. Where you have provided your consent for our processing of Personal Information, such consent may be withdrawn at any time.

We do not anticipate routinely processing special categories of Personal Information.  However, we may do so in certain circumstances, for example where:

•        You have included such information in any communications that you send us, in which case we will consider the provision of such information to constitute your express consent for us to process it; or

•        Processing such personal data is strictly necessary in relation to a legal claim.

3. Cookies and Tracking Technology.

Cookies. We use cookies and similar technology to collect aggregate (non-personal) information about Site usage by all of our visitors and to help us remember you and your preferences when you revisit the Site. These cookies may stay on your browser into the future until they expire or you delete them. We also use technology to remember the pages you visit; these cookies usually are erased when you close your browser window.  Further general information about cookies and how they work is available at www.allaboutcookies.org.

We may allow selected third parties to place cookies through the Site to provide us with better insights into the use of the Site or user demographics or to provide relevant advertising to you.  These third parties may collect information about a consumer’s online activities over time and across different websites when he or she uses our website. We may also permit third party service providers to place cookies through our Site to perform analytic or marketing functions where you are notified of them and you have consented to the usage. We do not control the use of such third-party cookies or the resulting information and we are not responsible for any actions or policies of such third parties.

Web Beacons and Pixel Tags. We and our third-party service providers may use web beacons or pixel tags to control the automated collection of non-Personal Information. These small electronic tags on specific web pages on our Site help us monitor the activity on our Site in order to improve the performance of certain features and your browsing experience.

JavaScript. In order to collect the kinds of information described in this Privacy Policy and to see how you interact with our Site, we, or third parties, may use JavaScript or other languages to send instructions to your devices.

Do Not Track. We currently do not use technology that recognizes a “do-not-track” signal from your web browser.

4. Children’s Privacy.

Neither this Site nor our services are designed nor intended to be attractive to use by children under the age of 13.  We do not knowingly collect information from children under the age of 13.  If you are under 13 please do not submit any information to us.

5. Accessing your information and your choices.

You can update, amend or delete your information at any time by contacting us using the channels identified below.

You can choose not to receive emails from us by “unsubscribing” using the instructions in any email you receive from us.  This will not stop us from sending emails about your transactions with us.  

You can choose to delete or block cookies by setting your browser to either reject all cookies or to allow cookies only from selected sites.  If you block cookies performance of the Site may be impaired and certain features may not function at all.  

6. Disclosing information.

We may reveal information about you to unaffiliated third parties: (1) if you request or authorize it; (2) if the information is provided to help complete a transaction for you; (3) if the information is provided to comply with the law, applicable regulations, governmental and quasi-governmental requests, court orders or subpoenas, to enforce our Website Terms or other agreements, or to protect our rights, property or safety or the rights, property or safety of our users or others (e.g., to a consumer reporting agency for fraud protection etc.); (4) if the disclosure is done as part of a purchase, transfer or sale of services or assets (e.g., in the event that substantially all of our assets are acquired by another party, customer information may be one of the transferred assets); (5) if the information is provided to our agents, outside vendors or service providers to perform functions on our behalf (e.g., analyzing data, providing marketing or staffing assistance, providing customer service, processing orders, etc.); or (6) as otherwise described in this Privacy Policy.

7. Security.

We use reasonable technical, administrative and physical measures to protect information contained in our system against unauthorized access, destruction, misuse, loss or alteration.  We may use standard encryption technology to protect information being transferred to our site, but no method of electronic transmission or storage is 100% secure.  If we receive instructions using your log-in information we will consider that you have authorized the instructions.

8. Data Processing and Cross-Border Data Transfers.

Our Site is maintained on servers located in the United States, and Personal Information submitted is stored on our servers in the United States.  If you are visiting our Site or using our services from outside the United States, please be advised that your information is transferred to our U.S. servers.  Disclosing your Personal Information to us pursuant to this Privacy Policy is at your own risk.  We strive to comply with laws of jurisdictions in which we maintain operations, but we make no representations that the practices described in this Privacy Policy are compliant with laws outside those jurisdictions that apply to the collection, security, use and disclosure of Personal Information.

You also play a role in protecting your information. You must maintain the security of your transactions both online or when you use our services by not sharing your passwords and account information with any unauthorized parties. If we receive instructions using your log-in information we will consider that you have authorized the instructions. Please also be aware that despite our best intentions and the guidelines outlined in this Privacy Policy, no data transmission over the Internet or encryption method can be guaranteed to be 100% secure. We cannot guarantee the security of any information you transmit to us or our Site, and therefore you use our Site at your own risk. Please also take care when sending us Personal Information by email or when posting communications with us as such communications are not secure.

9. Notices to California Residents.

1. Your California Privacy Rights.

California residents with an established business relationship with us are permitted by California law once a year to request information about the manner in which we shared certain categories of information with others for their marketing purposes during the prior calendar year. During 2021 we did not share your information with third parties for their marketing purposes.

2. California Consumer Privacy Act Notice.

At this time Orkes is not required to comply with the California Consumer Privacy Act (CCPA). We will update this Privacy Policy when we qualify for coverage under the CCPA.

10. Notice to Nevada Residents.

We do not transfer Personal Information for monetary consideration.  If you would like to tell us not to sell your information in the future, please email us at legal@orkes.io with your name, postal address, telephone number and email address with “Nevada do not sell” in the subject line.

11. Notice to European Economic Area and United Kingdom residents.

For the purposes of the UK Data Protection Act 2018 (the “DPA”), the EU General Data Protection Regulation 2016/679 (the “GDPR”), and the GDPR as it applies in the UK by virtue of the European Union (Withdrawal) Act 2018 (the “UK GDPR”) and other laws globally, we are the “controller” and are responsible for deciding how Personal Information is used, collected, and processed, unless expressly specified otherwise.  Our details and contact information are set forth below under the “Contacting us” section.  By using or accessing the Site or using the services, or by providing Personal Information to us on or through the Site or the services, you acknowledge that you have read and understood the policies and procedures described in this Privacy Policy.  This Privacy Policy does not apply to the practices of third parties that we do not own or control, or to individuals that we do not employ or manage.

For European Economic Area (“EEA”) and UK residents only. Under EEA and UK data protection law, in certain circumstances, you have the right to:

•        Request access to any Personal Information we hold about you (“Subject Access Request”) as well as related information, including the purposes for processing the Personal Information, the recipients or categories of recipients with whom the Personal Information has been shared, where possible, the period for which the Personal Information will be stored, the source of the Personal Information, and the existence of any automated decision making;

•        Obtain without undue delay the rectification of any inaccurate Personal Information we hold about you;

•        Request that Personal Information held about you is deleted;

•        Prevent or restrict processing of your Personal Information; and

•        Request transfer of Personal Information directly to a third party where this is technically feasible.

Also, where you believe that we have not complied with its obligation under this Privacy Policy or UK or EEA law, you have the right to make a complaint to a UK or an EU Data Protection Authority, such as the UK Information Commissioner’s Office.

You can exercise any of these rights by contacting us using the details under “Contacting us” below.  We aim to respond to requests made by you within one (1) month but may extend that period by two (2) further months where necessary.  

12. Data retention.

We will store your Personal Information, in a form which permits us to identify you, for as long as necessary for the purpose for which the Personal Information is processed.  We may retain and use your Personal Information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements and rights, or if it is not technically reasonably feasible to remove it.

13. Links to other websites, applications and services.

We may permit others to link to this Site or to post a link to their site on ours.  We do not endorse these sites and are not responsible for other sites or their privacy practices.   Please read their privacy policies before submitting information.

14. Changes to the Privacy Policy.

As we grow and change, we may amend this Privacy Policy.  The privacy policy in effect at the time you use the Site governs how we may use your information.  If we make material changes, we will post the revised privacy policy and the revised effective date on this Site. Please check back here from time to time to review any changes.

15. Contacting us.

This Site is owned and operated by Orkes, Inc. You can contact us at:

Orkes Inc

20380 Town Center Ln, Suite 200

Cupertino, CA 95014, USA

legal@orkes.io

+1-408-337-2730

© 2022 Orkes, Inc.  All rights reserved.