1. General information

1.1. References provided by the Privacy Policy to "BOTS.BY", "Service", "Application" are directly referred to the Application at BOTS.BY

1.2. For the purposes of the Data Protection Act 2018 and the General Data Protection Regulation 2016/679 (as such is amended (if at all) pursuant to changes set out in UK GDPR) the BOTS.BY shall be considered as a data controller. To the extent that the departure of the United Kingdom from membership of the European Union has led to the introduction of changes to the content of the GDPR, this Privacy Policy is to be read and construed in accordance with GDPR and the Data Protection Act 2018, as amended.

1.3. BOTS.BY as a data controller is committed to protect and respect the privacy of its Clients and ensures their security when using the Service. This Privacy Policy is intended to help the Client to understand which data and for what purposes Service collects, as well as how collected data is processed and protected.

1.4. BOTS.BY reserves the right to amend this Privacy Policy; therefore, it is recommended for Client to check of any updates of the Privacy Policy on a regular basis. In any Case the Service will notify or send an email to the Client regarding of changes made to the Policy.

1.5. All the changes to this Privacy Policy are effective as of the "Last updated" date. The Client who continues to use the Service after the Last updated date is deemed to accept the changes made to it.

2. Contact us

2.1. BOTS.BY has designated a Data Protection Officer (DPO) who could be reached via an email hello@bots.by.

2.2. By registering within the Service, the Client provides consents required for the processing of his/her Personal Data by the Service in accordance with the provisions set below.

2.3. By registering within the Service, the Client provides consent to BOTS.BY to anonymize his/her Personal Data for the purposes of further use in anonymized form in order to improve the performance of the Service.

3. Collected data

3.1. By entering, registering or using the Services, the Client expressly agrees to the processing of the following Personal Data:

3.1.1. Personal Data provided by the Client to the Service under present Privacy Policy:

Data type Purpose of use Source of retrieval E-mail User identification Registration, the user himself leaves the data Cell phone number User identification Registration, the user himself leaves the data Name User identification Registration, the user himself leaves the data IP-address User identification Registration / Login (data is collected based on the user's location) Browser User-agent User identification Registration / Login (data is collected based on the user's browser) Name of the cardholder Card Identification Payments, coming from Stripe Last four digits of a card Card Identification Payments, coming from Stripe Name of connected Instagram account or Telegram bot Displaying data in the personal cabinet When connecting an account or bot in your personal cabinet Username of connected Instagram account or Telegram bot Displaying data in the personal cabinet When connecting an account or bot in your personal cabinet Avatar of connected Instagram account or Telegram bot Displaying data in the personal cabinet When connecting an account or bot in your personal cabinet The name of the Client that corresponds with the connected Instagram account or Telegram bot Display data in CRM and online chat During interaction with an automated funnel (Instagram Direct or Telegram bot) The Username of the Client that corresponds with the connected Instagram account or Telegram bot Display data in CRM and online chat During interaction with an automated funnel (Instagram Direct or Telegram bot) The Avatar of the Client that corresponds with the connected Instagram account or Telegram bot Display data in CRM and online chat During interaction with an automated funnel (Instagram Direct or Telegram bot) Messages sent by the Client, which is corresponded by a connected Instagram account or Telegram bot. As well as messages sent by automation or operator from the application interface via online chat or messages sent via desktop, mobile or Instagram or Telegram application Display data in CRM and online chat During interaction with an automated funnel (Instagram Direct or Telegram bot) Email of a Client who corresponds with a connected Instagram account or Telegram bot Display the data in the CRM and online chat. Further, for example, for order processing or at the discretion of the end customer During interaction with an automated funnel (Instagram Direct or Telegram bot). May be requested by automation or operator Client's phone number that corresponds with a connected Instagram account or Telegram bot Display the data in the CRM and online chat. Further, for example, for order processing or at the discretion of the end customer During interaction with an automated funnel (Instagram Direct or Telegram bot). May be requested by automation or operator Any other personal information of the Client who corresponds with a connected Instagram account or Telegram bot. Automation can query what the end user comes up with and save to the CRM application Display the data in the CRM and online chat. Further, for example, for order processing or at the discretion of the end customer During interaction with an automated funnel (Instagram Direct or Telegram bot). May be requested by automation or operator 3.1.2. BOTS.BY does not knowingly collect any sensitive personal data or special categories of personal data nor uses such information without prior consent of the Client.

3.1.3. BOTS.BY reserves the right to monitor or record interactions between the Client and the Support Service for training and service improvement purposes to ensure high quality of provided services.

3.1.4. Please be advised, that according to your local legislation (including Lei Geral de Protecao de Dados, Brazil's General Data Protection law) such information may qualify as personal data.

3.2. By providing Personal Data to BOTS.BY, the Client warrants that such data is true, accurate and is up to date.

4. Use of User's/Client's personal data

4.1. BOTS.BY collects, process and uses Personal Data of Clients of the Service based on the following grounds:

a. when such processing is performed in order to fulfil the contract between the Service and the Client;

b. based on legitimate interest of the Service;

c. upon explicit prior consent from the Client.

4.2. BOTS.BY collects and processes Personal Data of the Service's Clients in order to maintain the functionality of the Service and to ensure compliance with legal and business-related requirements.

The Client's Personal Data is processed or may be processed for the following purposes:

4.2.1. When processing of personal data is related to fulfilment of the contract between the Service and the Client:;

a. to proceed and respond to the requests and enquiries received from the Client;

b. for administrative purposes, such as service messages (including but not limited to the BOTS.BY maintenance messages, updates to the Service's Privacy Policy and Terms of use).

4.3.2. Under legitimate interests of the Service:

a. to evaluate the effectiveness of marketing and to perform market research and training.

4.3.3. Under an explicit consent from the Client:

a. to serve the Client with e-mail advertisements and newsletters;

b. to identify possible technical malfunctions in the work of the Service, to assist internal research and development and to make improvements to the Application.

5. Duration of the Сlient's data retention

5.1. BOTS.BY retains the Client's Personal Data for the period of time necessary to carry out relevant activities, specified in section 4 of this Privacy Policy and as permitted by applicable law, but in no way longer that for 3 (three) years.

5.2. All Personal Data is stored in BOTS.BY private data base with access limited only to authorized personnel such as Technical Director and tech developers through administrative moderation panel.

5.3. Application reserves the right to store the Client's Personal Data for a longer period of time than provided in paragraph 5.1., when it is performed in order to fulfil the legal obligations of the Service (including law enforcement requests, dispute resolution), ensure compliance with applicable law or when the relevant Personal Data is stored on the basis of the Service's legitimate interests (including security reasons, prevention of fraud).

6. Disclosure of Personal Data

6.1. BOTS.BY may share the Client's Personal Data with third parties in the following cases:

a. Third-party analytics services. Application uses the following services:

BOTS.BY may disclose Client's phone number, email and name to Twillio SMS service and Sendgrid email service in order to provide and secure SMS and Email exchange.

b. Cloud services providers:

Google Cloud services used for external data used or requested by Client's browser

c. Application support service providers:

BOTS.BY may disclose Client's phone number, email and name to Intercom technical support service providers in case support ticket submission.

d. Providing Client's data by law:

BOTS.BY may disclose Client's Personal Data when such disclosure is required by law and is reasonably necessary:

• in order to establish, exercise, defend or enforce legal rights of the Service;
• to comply with a legal process such as a court order, subpoena or search warrant, government / law enforcement investigation or other legal requirements;
• to assist in the prevention or detection of crime (subject in each case to applicable law);
• to protect the safety or vital interests of an individual;
• when disclosure is required to maintain the security and integrity of the Application, or to protect any Client's security or the security of other persons, consistent with applicable laws;
• when disclosure is directed or consented to by the Client who has input the personal information; or
• in the event that BOTS.BY goes through a business transition, such as a merger, divestiture, acquisition, liquidation or sale of all or a portion of its assets, the Client's information will, in most instances, be part of the assets transferred.

6.2. BOTS.BY ensures appropriate contractual control over third parties assisting the Service in processing the Client's Personal Data, securing that rights of Clients of the Service are upheld, their Personal Data is secure, appropriate security and privacy arrangements are in place.

6.3. In the event of change in the corporate structure of the Service, resulting in transfer of the Client's Personal Data to a third party, all the Clients of the Service would be notified of such changes via email and through a notice posted on the Service's Application. Respective notice would explain the identity of the new data controller and the Client's options regarding disposal of their Personal Data.

7. Client's rights

7.1. Every Client of the Service is a data subject and thus has ultimate rights over his/her Personal Data.

7.2. The rights of data subject over his/her Personal Data are as follows:

Your right of/for Description Your right of/for The right to know whether your Personal Data is being processed, right to get information regarding processing of personal data, right to request a copy of Personal Data being processed. The right to information about public and private entities with which the controller has shared data. Information and Access The right to correct your Personal Data in a situation when such data available to the Controller or disclosed to third parties is inaccurate or incomplete. Rectification (correction) The right to correct your Personal Data in a situation when such data available to the Controller or disclosed to third parties is inaccurate or incomplete. Erasure The right to request deletion of your Personal Data from the database of the Controller so that the Service is not able to continue processing and storing of such data, with exceptions, provided by applicable law. The right to delete personal data processed with the consent of the data subject when the data is processed in accordance with Brazil's General Data Protection law. The right to anonymize, block, or delete unnecessary or excessive data or data that is not being processed in compliance with Brazil's General Data Protection law. Restrict processing The right to introduce the restriction regime on the processing of your Personal Data, so that in each case the data may be processed only upon your separate consent. Data portability The right to request for the Personal Data to be given in a machine-readable format so that it could be transferred to another service provider or transfer directly to a third party designated by you. Object The right to object to processing of your Personal Data in a case when the corresponding processing is not performed on the basis of the your consent. Withdraw consent Right to withdraw consent to processing of your Personal Data and/or third-party processors of Personal Data. 7.3. The abovementioned rights are not absolute. In order to exercise some of the rights, the Client should meet certain conditions and requirements, specified by the law.

7.4. For more information regarding of rights over Personal Data, the Client/User of the Service should contact hello@bots.by or use In order to exercise rights, the Client should submit a request to hello@bots.by

7.5. The Client of the Service should also be acknowledged of the right to complain to a data protection regulator in corresponding jurisdiction.

8. Protection measures

8.1. When using the Application, Client's personal data may be transferred and stored in the databases. All main databases are located on servers located in European countries.

8.1.1. External services may be used to store data. Any External data that may be stored is stored in the Google Cloud services.

8.2. BOTS.BY reserves the right to suspend the Client's account without notice if there is a reasonable suspicion of breach of security or unauthorised access to such an account. If you believe that your account or information is no longer secure, please immediately notify BOTS.BY by sending a message to hello@bots.by

8.3. The Client should take reasonable steps in order to keep Personal Data (including the account's password) safe. It is recommended that the Client does not share account's password with anyone at all times.

9. Cookies

9.1. In order to guarantee an optimal level of usability, quality and performance and to ensure relevance of promoted services, BOTS.BY uses cookies and similar technologies (such as SDK), hereinafter referred to as "cookies", in order to track Client's interactions with the Application. This section provides explanation/definition for different types of cookies that may be set by the Client during the Application usage, which may help to understand and manage them as the Client wishes.

9.2. A cookie is a small file that is stored locally at the Client's technical device as soon as the Application is being used. Cookies function by saving particular sets of data, such as, for example, the Client's language selection. Should the Client open the Application again later, a cookie will transmit this data back to the App. The App's cookies don't store personal information like the Client's name or address.

9.3. Types of Cookies

BOTS.BY uses different types of cookies:

Name of a cookie Description activeCompanyId Storage of an active project ID i18n_redirected Selected language save feature token Authorisation token intercom-id-* Active user session in Intercom (anonymous User/Client) intercom-session-* Active user session in Intercom (authorised User/Client) _ga, _gat_xxxxxxxxxxxxxxxxxxxxxxxxxx, _gclxxxx, _gid, _gaclientid, _gasessionid, _gahitid Standard Google Analytics cookies Stripe Standard payment cookies used by Stripe service Mixpanel Standard cookies used by Mixpanel service Google reCaptcha v3 Google reCAPTCHA v3 cookie service

• Session cookies only last only while the Client is using the Application and help Application to learn more about Client's use of the Application during a single session and to help the Client to use the Application more efficiently.
• Persistent cookies have a longer lifespan and aren't automatically deleted when the Client closes the Application. These cookies are primarily used to help the Client to sign-in into the Application again quickly, for security and analytical purposes. Application does not use any information whilst the Client is logged off the Application.
• BOTS.BY uses first-party cookies that is when the cookies are placed on the Client's device directly by the Service. For example, first-party cookies are used to adapt the Application to the language preferences and analyze user experience of the Client.

9.4. The Client can at any time reset device identifiers by activating the appropriate setting on his/her device. The procedure for managing device identifiers may be slightly different for each device.

9.5. Below is you may find information about how BOTS.BY uses Clients' cookies on the Application:

Necessary cookies

These cookies are strictly necessary to provide the Application's services.

Analytics cookies

These cookies help the Service to understand how the Application is being used, and help us customize and improve the Service.

10. Cross-border data transfer

10.1. Disclosure of BOTS.BY Clients' Personal Data, as provided in section 6 of these Privacy Policy may sometimes involve cross-border data transfers, for instance to the United States of America. BOTS.BY uses standard contract clauses approved by the European Commission and/or other regulatory bodies (for example, as provided by Brazil's General Data Protection law) or other suitable safeguard to permit data transfers from the EEA to other countries.

Standard contractual clauses are commitments between companies transferring Personal Data, binding them to protect the privacy and security of Client's Personal Data. BOTS.BY shall ensure that the recipient of Client's personal information offers an adequate level of protection, for instance by entering into

Standard Contractual Clauses

for the transfer of data as approved by the European Commission (Art. 46 GDPR), the Client's explicit consent to such international data transfers or based on the performance of the contract.

Privacy Notice for California residents

This Privacy Notice for California Residents (this "Privacy Notice") supplements the information contained in BOTS.BY ("Company", "us" or "our", or "we") Privacy Policy ("Application Privacy Policy") and applies solely to all visitors, users and others who reside in the State of California ("consumers", "clients", "you" or "your"). We adopt this Privacy Notice to comply with the California Consumer Privacy Act of 2018 ("CCPA") and any terms defined in the CCPA have the same meaning when used in this Privacy Notice. All capitalized terms not herein defined will have the meaning set forth in Company's Privacy Policy. In case on any inconsistencies with Company's Privacy Policy, this Privacy Notice shall prevail.

1. INFORMATION WE COLLECT

We collect information that may identify, relate to, describe, reference, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device ("personal information" or "Personal Data").

1.1. In particular, we may collecte the following categories of personal information from our consumers within the time span of last twelve (12) months:

A. Internet or other similar network activity.

Examples: Browsing history, search history, information on a consumer's interaction with an Application.

1.2. Personal information does not include:

(I) Publicly available information from government records,

(II) De-identified or aggregated consumer information,

(III) Information excluded from the CCPA's scope, like:

(IV) health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;

(V) personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994.

1.3. We may obtain the categories of personal information listed above from the following categories of sources:

(I) Directly from you when you provide it to us. For example, if you share your name and contact information to ask a question about our App.

(II) Indirectly from you. For example, from observing your actions on our App.

2. USE OF PERSONAL INFORMATION

We may use or disclose the personal information we collect for one or more of the following purposes:

(I) To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to ask a question about our Application or product we will use that personal information to respond to your inquiry.

(II) To provide, support, personalize and develop our products.

(III) To process your requests and respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.

(IV) To notify you about changes to our Application or any products or services we offer or provide through it.

(V) To notify you about changes to our policies and/or user agreements.

(VI) To maintain a record of our dealings with you.

(VII) To improve the Application and other products and to develop new features, and functionality.

(VIII) To contact you for administrative and information purposes - this may include providing customer service or sending communications, including changes to our terms of use.

(IX) For testing, research, analytics and product development.

(X) To help maintain the safety, security, and integrity of our Application, and our databases, other technology assets and business.

(XI) To diagnose or fix technological problems in relation to our Application and products.

(XII) To carry out our obligations and enforce our rights arising from any contracts entered into between you and us.

(XIII) To respond to law enforcement requests and as required by applicable law, court order or governmental regulations.

(XIV) To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the assets transferred.

(XV) As described to you when collecting your personal information or as otherwise set forth in the CCPA.

3. SHARING PERSONAL INFORMATION

3.1. We may disclose your personal information to a third party for business purposes. When we disclose personal information for a business purpose, we enter into a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.

3.2. In the preceding twelve (12) months, we have disclosed the following categories of personal information for a business purpose:

Category A: Internet or other similar network activity

3.3. We disclose your personal information for a business purpose to the following categories of third parties:

(I) Our affiliates.

(II) Service providers.

(III) Third parties to whom you or your agents authorize us to disclose your personal information in connection with products or services we provide to you.

(IV) Law enforcement bodies and courts.

3.4. We share your personal information for the following general purposes:

(I) Service Providers: We may disclose personal information to third-party service providers that assist us with our operations. For example, analytics, log management, payment processing and data storage and processing services.

(II) Protecting our Rights: We may disclose personal information to third parties if we believe that doing so is legally required or is in our interest to protect our property or other legal rights (including, but not limited to, enforcement of our agreements), or the rights or property of others.

(III) Corporate Transaction: Personal information may be disclosed as part of a corporate transaction, such as a merger, acquisition, debt financing, sale of company assets, or similar transaction, as well as in the event of an insolvency, bankruptcy, or receivership in which personal information could be transferred to third parties as one of our business assets.

In the preceding twelve (12) months, we have not sold any personal information.

4. YOUR RIGHTS AND CHOICES

The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

4.1. Access to Specific Information and Data Portability Rights

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights Section), we will disclose to you:

(I) The categories of personal information we collected about you.

(II) The categories of sources for the personal information we collected about you.

(III) Our business or commercial purpose for collecting and selling that personal information.

(IV) The categories of third parties with whom we share that personal information.

(V) The specific pieces of personal information we collected about you (also called a data portability request).

(VI) If we disclosed your personal information for a business purpose, a list with disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

4.2. Deletion Request Rights

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights Section), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

(I) Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you or otherwise perform our contract with you.

(II) Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.

(III) Debug products to identify and repair errors that impair existing intended functionality.

(IV) Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.

(V) Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).

(VI) Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.

(VII) Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.

(VIII) Comply with a legal obligation.

(IX) Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

4.3. Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability and deletion rights described above, please submit a verifiable consumer request to us by emailing us at

hello@bots.by

Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

(I)Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative; and

(II) Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.

We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.

4.3.1. Response Timing and Format

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing.

Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request's receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

4.4. Personal Information Sales Opt-Out and Opt-In Rights

If you are a California resident and 16 years of age or older, you have the right to direct us to not sell your personal information at any time (the "right to opt-out"). We do not sell the personal information of consumers we actually know are less than 18 years of age, Consumers who opt-in to personal information sales may opt-out of future sales at any time.

To exercise the right to opt-out, you (or your authorized representative) may submit a variable notice to

hello@bots.by

.

Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize personal information sales.

5. NON-DISCRIMINATION

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

(I)Deny you goods or services.

(II)Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.

(III)Provide you a different level or quality of goods or services.

(IV) Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

6. CHANGES TO OUR PRIVACY NOTICE

We reserve the right to amend this Privacy Notice at our discretion and at any time. When we make changes to this Privacy Notice, we will post the updated Privacy Notice on our Site and update the Privacy Notice's effective date. Your continued use of our Site following the posting of changes constitutes your acceptance of such changes.

7. CONTACT INFORMATION

If you have any questions or comments about this Privacy Notice, the ways in which the Company collects and uses your information described here and in our Site Privacy Policy, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact our representative responsible for personal information as follows:

hello@bots.by.