Introduction

Cuckoo Labs Inc. (“Cuckoo”, “we”, “us”, or “our”) is committed to protecting your privacy. This Privacy Policy describes how the company collects, uses, and discloses data related to its products, services, and website at www.cuckoo.so across all platforms (collectively, “Services”).

The company operates as a United States entity subject to U.S. laws. Data may be transferred to, stored, or processed in the United States. By using these Services, you consent to data collection, storage, processing, and transfer to U.S. facilities and third parties as described in this Policy and the Terms of Service Agreement.

1. Definitions

• Customer: A person or entity registered with Cuckoo to use the Services
• Distribution List: A list of Subscribers and all related data
• Personal Data: Any information relating to an identified or identifiable natural person
• Subscriber: Any person or entity on a Distribution List
• You: A Cuckoo Customer or other person visiting the Services

2. Information We Collect

The Services collects two types of information: Personal Data and Non-Personal Data.

Personal Data

• Identification and Contact Data: name, date of birth, gender, address, title, contact details, username, demographic information
• Financial Information: credit card details, account details, payment information
• Employment Details: employer, job title, geographic location, area of responsibility
• IT Information: IP address, cookie data
• Personal Interests or Preferences: purchase history, social media profile information

You may decline to provide Personal Data, though some is mandatory for service provision. Declining mandatory data may prevent service delivery.

Non-Personal Data

• Browser and Device Data: IP address, device type, unique user device number, device manufacturer and model, browser type, operating system, dates and times of use, screen resolution, plug-ins, add-ons, location, and Services version
• Cookies and Tracking Technologies: time spent on Services, pages visited, email campaign performance
• Aggregate Information: combined usage data from multiple users to develop features and tailor Services

3. How We Use Your Information

Personal Data Uses

The company may use Personal Data to: provide the Services; resolve disputes, calculate and collect fees, troubleshoot problems; verify identity and information provided; encourage safe online experience and enforce policies; customize experience and analyze usage patterns; provide information affecting Services use; communicate marketing and promotional offers; provide customer service and receipts; develop new products; and perform other business activities.

Non-Personal Data Uses

Non-Personal Data may be used for measuring traffic patterns, understanding demographics, customer interest, and user trends, providing, improving, and modifying Services, and promotional and marketing purposes.

4. How We May Disclose Your Information

The company may disclose Personal Data to: Service Providers assisting with business operations; third parties in reorganization, merger, sale, or business disposition events; Cuckoo subsidiaries, affiliates, or business partners; other Services users to identify you in messages or comments; persons or entities with whom you consent to sharing; third parties to prevent property damage, for safety reasons, or to collect amounts owed; merchants and payment processors; and third parties as necessary under applicable law.

The company will never sell, rent, or lease Personal Data to third parties.

Non-Personal Data may be disclosed for any purpose, as it cannot identify individuals.

5. Advertising

If you no longer want marketing-related emails, you may opt-out via the unsubscribe link or by notifying legal@cuckoo.so. The company may still send important administrative messages, updates, disputes, and required customer service communications.

Cuckoo and partners may use cookies, pixels, and web beacons to administer Services, track movements, analyze trends, serve targeted advertisements, and gather demographic information. You can control cookie use at the browser level.

6. Data Collected by Our Customers

Customers may import Personal Data collected from Subscribers or other individuals. Cuckoo has no direct relationship with Subscribers or non-Customer individuals. Customers are responsible for ensuring necessary permissions for data collection, storage, and processing.

Personal Data may be transferred to entities helping promote, provide, or support Services (“Service Providers”). All Service Providers agree to protect Personal Data per this Privacy Policy. The company will never sell, rent, or lease Customer Distribution Lists.

7. Public Data and Third-Party Sites

The Services may provide areas for public information posting. This information may be read, collected, and used by anyone. Cuckoo does not control or endorse third-party posts, is not liable for user posts, and disclaims liability from such posts.

This Policy does not cover collection, use, or disclosure by third parties through applications, websites, products, or services not controlled by Cuckoo. Users expressly relieve Cuckoo from liability arising from third-party website use.

8. Data Retention

The company will retain Personal Data for the period necessary to fulfill Policy purposes unless longer retention is required or allowed by law.

9. Users Under 13 Years of Age

Services are not directed to children under 13, and the company does not knowingly collect Personal Data from them. If aware that a child under 13 provided Personal Data, Cuckoo will take steps to remove such data. Contact legal@cuckoo.so if your child provided data without consent.

10. Data Security

The company employs commercially reasonable security measures; however, no system is impenetrable. Account holders are responsible for protecting account security, content, and all account activities. You must immediately notify Cuckoo of unauthorized account uses or security breaches by emailing legal@cuckoo.so.

11. Privacy Rights Notice to California Residents

The California Consumer Privacy Act (CCPA) provides California residents specific rights regarding Personal Data, including requests for information, deletion requests, opt-out from Personal Data sales, and non-discrimination for exercising these rights.

Cuckoo acts as a “service provider” under CCPA when offering Services to Customers, collecting Personal Data on their behalf. Cuckoo does not sell Personal Data. The company offers a Data Processing Agreement for Customers considered “businesses” under CCPA. Request it at legal@cuckoo.so.

12. EU-U.S. and Swiss-U.S. Privacy Shield

Cuckoo complies with EU-U.S. and Swiss-U.S. Privacy Shield Frameworks set by the U.S. Department of Commerce regarding Personal Data transfer from the EU, United Kingdom, EEA, and Switzerland to the United States. The company has certified adherence to Privacy Shield Principles, including Supplemental Principles.

Cuckoo is responsible for processing Personal Data under Privacy Shield Frameworks and subsequent third-party transfers. The company uses reasonable physical, electronic, and administrative safeguards. To review, correct, delete, or update previously disclosed Personal Data, email legal@cuckoo.so.

EU/EEA, United Kingdom, or Swiss individuals with Privacy Shield compliance questions or complaints may email legal@cuckoo.so. If unresolved, contact JAMS, an independent U.S.-based dispute resolution provider. Binding arbitration may be available for unresolved complaints. Cuckoo is subject to Federal Trade Commission investigatory and enforcement powers.

13. Legal Basis for Processing Personal Data

Under GDPR (EU) 2016/679, Cuckoo generally acts as a processor for Customers. When processing as a data controller, the company does so to perform contract obligations, based on legitimate interests in administering and operating Services, enforcing Terms, preventing fraud, meeting legal requirements, improving Services, supporting marketing, providing network security, and based on your provided consent.

14. Do Not Track Disclosure

Currently, no industry standard exists for recognizing Do Not Track browser signals, so Cuckoo does not respond to them.

15. Changes to This Privacy Policy

Cuckoo may change this Privacy Policy at any time. The most recent version is indicated by the “Last Updated” date at the top. All changes are effective immediately upon posting. Continued Services use signifies continuing consent to this Policy.

16. Contact Information

For Privacy Policy questions, email legal@cuckoo.so.