Privacy Policy

This Policy is published independently of, and may be updated on a different schedule than, DeepKor’s Terms and Conditions (“Terms”). It applies to anyone whose personal information DeepKor collects — including website visitors and individuals referenced in field telemetry who are not themselves DeepKor customers — not only businesses that have signed the Terms. Where this Policy uses a term also defined in the Terms (e.g., “Customer,” “Authorized User,” “Platform”), it carries the same meaning.

1. Overview

DeepKor, Inc. (“DeepKor,” “we,” “us,” or “our”) provides the DeepKor Intelligence Platform (the “Platform”) to business customers (“Customer”) and their authorized personnel (“Authorized Users”) in the deep foundation construction industry. This Privacy Policy explains what personal information DeepKor collects in connection with the Platform, how we use and share it, and the choices and rights available to individuals.

This Policy applies to personal information collected through the Platform, DeepKor’s website, and related business interactions. It does not apply to third-party websites or services that DeepKor does not control.

As set out in Section 3.6 of the Terms, the Platform is currently offered only within the fifty (50) United States and the District of Columbia. This Policy is written accordingly and does not address obligations under non-U.S. law.

2. Who This Policy Covers

This Policy addresses personal information about three groups of individuals:

• Customer Account Contacts — the individuals at a Customer business who register for, administer, or are billed for the Platform.
• Authorized Users — Customer’s employees, contractors, or agents who are granted access to use the Platform, including field personnel who operate the Field Application during installations.
• Individuals Referenced in Telemetry — installation crew members, site personnel, or other individuals whose activity, location, images, or identifiers may be captured incidentally through installation telemetry, photos, or video captured by or through the Platform during field use.

Because DeepKor’s California business contacts and personnel are within scope of the California Consumer Privacy Act (CCPA/CPRA) — the CCPA’s former business-to-business and employee/personnel exemptions expired January 1, 2023, and no longer apply — this Policy treats business-contact and personnel information with the same care as traditional consumer information, and extends comparable practices to residents of other states with comprehensive privacy laws.

3. Categories of Personal Information We Collect

Category	Examples	Source
Account & Registration Data	Name, business email, phone number, job title, employer, billing/payment contact information	Provided directly by Customer at signup
Authorized User Data	Name, email, login credentials, role/permissions, activity logs	Provided by Customer/Authorized User
Installation Telemetry	Equipment operating data, sensor readings, timestamps, precise geolocation of installation activity, site/project identifiers, and (where applicable) photos, video, or audio captured through the Field Application	Collected automatically through the Platform and connected telemetry devices during field use
Guidance & Verification Records	Digitally Verified Installation (DVI) records, operator responses to Platform guidance, corrective actions taken	Generated by the Platform during use
Device & Usage Data	IP address, device/browser type, operating system, log data, approximate location (derived from IP), feature usage	Collected automatically when the Platform or website is accessed
Communications	Support requests, emails, call records, survey responses	Provided directly by Customer/Authorized Users

Sensitive Personal Information. Precise geolocation data captured through installation telemetry is “sensitive personal information” under CCPA/CPRA and comparable state laws. DeepKor collects and uses precise geolocation solely as necessary to provide the Platform’s core installation-intelligence functionality (see Section 4) and does not use it to infer characteristics about individuals or for advertising purposes.

DeepKor does not knowingly collect Social Security numbers, government ID numbers, financial account credentials, health information, or other special categories of information beyond what is described above. If any such information is incidentally captured (e.g., visible in field photos/video), it is not used for any purpose beyond installation documentation and safety/compliance recordkeeping.

4. How We Use Personal Information

DeepKor uses personal information to:

1. Provide, operate, and maintain the Platform, including generating Digitally Verified Installation records for Customer.
2. Authenticate accounts, manage Authorized User access, and provide customer support.
3. Create and incorporate Aggregated Data into the DeepKor Intelligence Network to improve interpretation accuracy, guidance quality, and platform performance across all customers, consistent with Section 7 of the Terms. DeepKor de-identifies or aggregates Customer Data before this use in a manner designed to prevent re-identification of any individual, project, or property.
4. Bill and manage the commercial relationship with Customer.
5. Communicate with Customer and Authorized Users about the Platform, including service, security, and policy updates.
6. Maintain platform security, detect and prevent fraud or misuse, and enforce the Terms.
7. Comply with legal obligations, respond to legal process, and establish, exercise, or defend legal claims.
8. Conduct internal research and development to improve DeepKor’s products, consistent with Section 7 of the Terms.

DeepKor does not use personal information to make automated decisions that produce legal or similarly significant effects about individuals without human involvement. Consistent with Section 8 of the Terms, all Platform guidance is decision support; installation decisions are made by Customer’s personnel, not by DeepKor or the Platform.

5. How We Share Personal Information

DeepKor does not sell personal information and does not share personal information for cross-context behavioral advertising, as those terms are defined under CCPA/CPRA.

DeepKor may disclose personal information to:

• Service Providers. Cloud hosting, data storage, analytics, customer support, and payment processing vendors who process personal information on DeepKor’s behalf, under contracts that restrict their use of the data to providing services to DeepKor.
• Other DeepKor Customers, in de-identified/aggregated form only. Through the Intelligence Network, insights derived from Aggregated Data may benefit other customers, but DeepKor does not disclose an individual’s or a specific Customer’s raw, identifiable data to other customers.
• Professional Advisors. Attorneys, accountants, auditors, and insurers, as needed.
• Corporate Transactions. In connection with a merger, financing, acquisition, or sale of assets, subject to confidentiality obligations.
• Legal & Safety Reasons. Where required by law, legal process, or to protect the rights, safety, or property of DeepKor, our customers, or the public.

6. Data Retention

DeepKor retains Customer Data and related personal information for as long as Customer maintains an active Subscription Term, and thereafter in accordance with Section 15.6 of the Terms: raw Customer Data is available for export for thirty (30) days following termination upon request, and is deleted from active systems within ninety (90) days following termination, except (a) Aggregated Data already incorporated into the Intelligence Network, (b) routine backup copies deleted in the ordinary backup cycle, and (c) data DeepKor must retain for legal, safety, or audit purposes.

7. Your Privacy Rights

If you are a resident of California, Colorado, Connecticut, Virginia, Texas, Oregon, or another U.S. state with a comprehensive privacy law, you may have some or all of the following rights, subject to exceptions under applicable law:

• Right to Know/Access the categories and specific pieces of personal information DeepKor has collected about you.
• Right to Delete personal information DeepKor holds about you, subject to legal, safety, and contractual retention needs (e.g., DeepKor may retain records necessary to support a Digitally Verified Installation record relied upon for safety or compliance purposes).
• Right to Correct inaccurate personal information.
• Right to Opt Out of the sale or sharing of personal information. DeepKor does not currently sell or share personal information as those terms are defined by law; this right will be operationalized if that changes.
• Right to Limit Use of Sensitive Personal Information, including precise geolocation, to uses necessary to provide the Platform.
• Right to Non-Discrimination for exercising any of these rights.
• Right to Appeal a denied request, in states that provide this right (e.g., Colorado, Connecticut, Virginia).

How to Exercise Your Rights. Requests may be submitted by email to deepkorinc@gmail.com. DeepKor will verify the requester’s identity before acting on a request and will respond within the timeframe required by applicable law (generally forty-five (45) days, extendable once by an additional forty-five (45) days with notice).

Because Authorized Users’ access to the Platform is provisioned and controlled by their employer (Customer), some requests relating to Authorized User data (e.g., account deletion) may need to be coordinated with, or directed to, Customer as the party controlling that account.

8. Data Security

DeepKor implements administrative, technical, and physical safeguards designed to protect personal information against unauthorized access, disclosure, alteration, or destruction, including encryption of data in transit, access controls that limit internal access to personal information on a need-to-know basis, and ongoing review of service provider security practices. As DeepKor’s infrastructure and operations mature, this section will be updated to reflect additional controls and any relevant certifications DeepKor obtains.

No system is completely secure, and DeepKor cannot guarantee the absolute security of personal information.

9. Cookies and Tracking Technologies

DeepKor’s website may use cookies and similar technologies that are essential to the site’s operation, and may in the future use additional cookies for analytics or functionality purposes. Where required by applicable law, DeepKor will present a cookie notice or consent mechanism before setting non-essential cookies. DeepKor does not currently respond to browser “Do Not Track” signals, as no common industry standard for such signals currently exists.

10. Children’s Privacy

The Platform is intended for business use by adults in a professional construction context and is not directed to, and DeepKor does not knowingly collect personal information from, individuals under 18 years of age. If DeepKor learns it has inadvertently collected such information, it will take steps to delete it.

11. Changes to This Policy

DeepKor may update this Policy from time to time, independently of the Terms. For routine updates (e.g., adding a new service provider), DeepKor will revise the “Effective Date” above. For material changes — such as a new purpose for using previously collected personal information — DeepKor will provide reasonable advance notice (e.g., by email or a website notice) and, where required by applicable law, will obtain any necessary consent before the change takes effect. This Policy’s update process is independent of Section 17.1 of the Terms, which governs changes to the Terms themselves.

12. Contact Us

Questions or requests regarding this Policy or DeepKor’s privacy practices may be directed to DeepKor, Inc. at deepkorinc@gmail.com.