At Porter, we take your privacy seriously. Please read this Privacy Policy to learn how we treat your personal data. By using or accessing our Services in any manner, you acknowledge that you accept the practices and policies outlined below, and you consent that we will collect, use, and disclose your information as described in this Privacy Policy.
Porter is operated by Rare Circles Inc. dba Porter ("Porter", "we", "us"). Your use of Porter's Services is at all times subject to our Terms of Service, available at [porter.so/terms-of-service], which incorporates this Privacy Policy. Any terms we use in this Policy without defining them have the definitions given to them in the Terms of Service. If you have enrolled in our text messaging program, your participation in that program is also subject to the Porter Messaging Program Terms in Section 17 of the Terms of Service.
In providing our Services, we process personal data collected by our customers or at their direction — for example, recordings of sales conversations captured by our customers' personnel. In those cases, we are a service provider and our processing of that data is governed by the agreement in place between us and the applicable customer. Our customers, and not Porter, are responsible for ensuring that personal data processed through our platform on their behalf or at their request is collected in compliance with applicable law, including by providing any required notices and obtaining informed consent where necessary. As such, the customer's privacy policy or other agreement between the customer and you or your organization, and not this Privacy Policy, applies to such processing. Where that is the case, please contact the relevant customer, and not Porter, in the first instance to address your rights with respect to such data.
If you are a sales representative, customer service representative, homeowner, customer, or other individual whose voice was captured in a recording made using Porter, please direct any question or request about that recording to the organization that made it. We will provide reasonable assistance to our customers in responding to those requests.
As we continually work to improve our Services, we may need to change this Privacy Policy from time to time. We will alert you of material changes by placing a notice on the Porter website, by sending you an email, or by some other means. If you use the Services after any changes to the Privacy Policy have been posted, that means you agree to all of the changes.
A NOTE ABOUT AI AND VOICE DATA
Porter uses artificial intelligence, including third-party large language models and transcription services, to produce transcripts, summaries, scores, and analytics from recordings.
Porter does not create, store, or use voiceprints or other biometric identifiers. Our platform distinguishes between speakers within an individual recording in order to attribute segments of a conversation, and determines who is who based on account, seat, device, and conversation information supplied by our customer. We do not match voice data from one recording against voice data from another recording to identify a person. If we ever introduce a feature that would do so, we will provide advance notice, make it available only on an opt-in basis, and implement the separate consent, retention, and destruction requirements that apply under biometric privacy laws.
We may use customer data, including recordings and transcripts, to provide, maintain, secure, and improve our Services, including to develop and train our own models. We contractually restrict our third-party AI and transcription providers from using customer data to train or improve their own general-purpose models. We may also create aggregated and de-identified data — from which no customer and no individual can reasonably be identified — and use it for our lawful business purposes, including industry benchmarks and research.
WHAT THIS PRIVACY POLICY COVERS
This Privacy Policy covers how we treat Personal Data that we gather when you access or use our Services. "Personal Data" means any information that identifies or relates to a particular individual and also includes information referred to as "personally identifiable information" or "personal information" under applicable data privacy laws, rules, or regulations. This Privacy Policy does not cover the practices of companies we don't own or control or people we don't manage.
PERSONAL DATA
Categories of Personal Data We Collect
Profile or Contact Data such as first and last name, email, username, phone number, job title, role and permission level, mailing address, and unique identifiers.
Providing, customizing and improving the Services; marketing the Services; corresponding with you
Service Providers; Business Partners (excluding text messaging opt-in data and consent)
Recording and Conversation Data such as audio and audiovisual recordings of sales conversations, transcripts, speaker attribution within a recording, and any score, summary, evaluation, or coaching note generated from them.
Providing, customizing and improving the Services
Service Providers
Customer Materials such as scoring rubrics, scripts, playbooks, and training content uploaded by our customers.
Providing, customizing and improving the Services
Service Providers
Call and Telephony Data such as the phone numbers involved in a call, call start and end times, duration, and routing information, where a customer uses a Porter-provided forwarding number.
Providing, customizing and improving the Services
Service Providers (including our telecommunications providers)
Usage and Query Data such as logins, recordings reviewed, coaching activity, and queries submitted to our analytics features.
Providing, customizing and improving the Services
Service Providers
Payment Data such as financial account information, billing address, billing phone number, and billing email.
Providing the Services
Service Providers (specifically our payment processing partners)
Device/IP Data such as IP address and type of device, operating system, or browser used to access the Services.
Providing, customizing and improving the Services
Service Providers
Web Analytics such as web page interactions and referring webpage or source through which you accessed the Services.
Providing, customizing and improving the Services
Service Providers
All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties, excluding aggregators and providers of the text message services. We do not sell, rent, or license mobile telephone numbers or text messaging consent records, and we do not disclose them to Business Partners, advertising networks, data brokers, or any other third party for that third party’s own marketing purposes.
Our Commercial or Business Purposes for Collecting Personal Data
Providing, Customizing and Improving the Services — creating and managing accounts; processing orders and transactions; billing; capturing and processing recordings; generating transcripts, scores, and analytics; providing support; improving the Services, including testing, research, internal analytics, and product development; fraud protection, security, and debugging.
Marketing the Services — marketing and selling the Services; showing you advertisements, including interest-based or targeted advertising.
Corresponding with You — responding to correspondence, contacting you when necessary or requested, and sending you information about Porter or the Services according to your preferences.
Other Permitted Purposes for Processing Personal Data
In addition, each of the above categories of Personal Data may be collected, used, and disclosed with the government, including law enforcement, or other parties to meet certain legal requirements and enforce legal terms, including: fulfilling our legal obligations under applicable law, regulation, court order, or other legal process, such as preventing, detecting, and investigating security incidents and potentially illegal or prohibited activities; protecting the rights, property, or safety of you, Porter, or another party; enforcing any agreements with you; and resolving disputes.
We will not collect additional categories of Personal Data or use the Personal Data we collected for materially different, unrelated, or incompatible purposes without providing you notice or obtaining your consent.
Categories of Sources of Personal Data
You — when you provide information directly to us, including when you create an account, use our interactive tools, or contact us; and when you use the Services and information is collected automatically, including through Cookies and through our mobile application.
Our customers — where your employer or another organization provisions you a seat, records a conversation, or provides your contact information.
Third parties — including marketing partners and vendors who assist us with marketing or promotional services.
HOW WE DISCLOSE YOUR PERSONAL DATA
We disclose your Personal Data to the categories of service providers and other parties listed in this section. Text messaging originator opt-in data and consent are excluded from every category of disclosure described in this section, other than disclosure to the aggregators, carriers, and messaging platform providers necessary to deliver messages to you.
Service Providers. These parties help us provide the Services or perform business functions on our behalf. They include: hosting, technology, and communication providers; artificial intelligence and transcription providers; analytics providers for web traffic or usage of the site; security and fraud prevention consultants; support and customer service vendors; and payment processors. Our payment processing partners collect payment card information necessary to process your payment; please see the relevant partner's terms of service and privacy policy for information on its use and storage of your Personal Data.
Business Partners. Parties that help us market our Services or partner with us in offering various services.
Within a customer's organization. Where you are a user under a customer account, your account information and any recordings, transcripts, scores, and evaluations relating to you are accessible to that customer and to the users within that customer's organization who have been granted access by that customer. The customer controls these access permissions, not Porter.
Business Transfers. All of your Personal Data that we collect may be transferred to a third party if we undergo a merger, acquisition, bankruptcy, or other transaction in which that third party assumes control of our business, in whole or in part.
Data that is Not Personal Data. We may create aggregated, de-identified, or anonymized data from the Personal Data we collect, including by removing information that makes the data personally identifiable to a particular user. We may use such data and disclose it with third parties for our lawful business purposes, including to analyze, build, and improve the Services and promote our business, provided that we will not disclose such data in a manner that could identify you.
We do not sell your Personal Data, and we do not share it for cross-contextual behavioral advertising.
TEXT MESSAGING PROGRAM (SMS, MMS, AND RCS)
This section applies if you enroll in a Porter text messaging program, including any program delivered by SMS, MMS, or RCS Business Messaging (each, a "Messaging Program"). Porter operates each Messaging Program in its own name and is the controller of the Personal Data described in this section.
Information We Collect for Messaging Programs
When you enroll in a Messaging Program, we collect: the mobile telephone number enrolled, which you may provide to us directly or which may be provided to us by the organization that holds an account with us and has authority to share it, and in either case we obtain your own opt-in before enrolling you; your wireless carrier and, where available, your device's message-format capability; a record of your consent, including the date and time of opt-in, the method of opt-in, the web page, form, or keyword used, the IP address or short or long code involved, and the exact disclosure language displayed to you at the point of opt-in; the content, timestamp, and delivery status of messages we send and replies we receive; your interactions with links contained in those messages; and any opt-out, HELP, or customer care request you submit.
How We Use Messaging Information
We use this information to send you the product and service notifications generated by your use of the Porter platform that you have asked to receive, such as reminders to record an upcoming appointment, notifications that a transcript or score is ready for review, and coaching notifications, each as further described in Section 17.2 of our Terms of Service. We do not send marketing or promotional messages through a Messaging Program. We also use this information to authenticate you and deliver service notifications; to respond to support requests, including any message you send us using the HELP keyword; to process and honor opt-out requests; to maintain records demonstrating that we obtained and honored your consent, as required by applicable law and by carrier and industry requirements; to monitor deliverability and troubleshoot message failures; and to comply with our legal obligations.
We Do Not Share Messaging Opt-In Data or Consent
We disclose your mobile telephone number and message content only to the messaging aggregators, carriers, and messaging platform providers necessary to transmit messages to you, and we contractually restrict those providers to using the information solely to deliver messages on our behalf. We do not sell or rent this information, we do not disclose it to our Business Partners or to advertising networks, we do not use it for interest-based or cross-contextual behavioral advertising, and we do not transfer it to any affiliate for that affiliate's own marketing purposes.
Marketing Email
Where you create an account, are provisioned a seat, or otherwise enter into a business relationship with us, we may send you email about our products, features, and events. You can opt out at any time using the unsubscribe link in any such email or by changing your notification preferences in the Services. We honour opt-outs across all marketing email, and opting out of marketing email does not affect service, transactional, or administrative messages, which you continue to receive for as long as you hold an account.
Your Choices
You may opt out of any Messaging Program at any time by replying STOP to any message you receive from us, or by turning off text notifications in your account preferences within the Services. You may also contact us at ==[support@porter.so]==. We will send a single message confirming your opt-out and will not send further messages under that program. Opting out of a Messaging Program does not opt you out of email or other communications.
Retention of Messaging Records
We retain the record of your opt-in consent for at least four (4) years after the last message we send to you in reliance on that consent, which reflects the four-year federal limitations period applicable to claims under the Telephone Consumer Protection Act. We may retain that record for longer where required to comply with applicable law or to establish or defend a legal claim. We retain opt-out records for as long as we operate the Messaging Program, with no fixed end date, because we need those records in order to continue honoring your opt-out.
TRACKING TOOLS, ADVERTISING, AND OPT-OUT
The Services use cookies and similar technologies such as pixel tags, web beacons, clear GIFs, and JavaScript (collectively, "Cookies") to enable our servers to recognize your web browser, tell us how and when you visit and use our Services, analyze trends, learn about our user base, and operate and improve our Services.
Please note that because of our use of Cookies, the Services do not support "Do Not Track" requests sent from a browser at this time.
We use the following types of Cookies:
Essential Cookies — required for providing features or services you have requested, such as logging into secure areas. Disabling these may make certain features unavailable.
Functional Cookies — used to record your choices and settings and recognize you when you return.
Performance/Analytical Cookies — allow us to understand how visitors use our Services and measure the performance of our advertising campaigns.
Retargeting/Advertising Cookies — collect data about your online activity and identify your interests so that we can provide advertising we believe is relevant to you.
You can decide whether or not to accept Cookies through your internet browser's settings. Most browsers have an option for turning off the Cookie feature. You can also delete all Cookies already on your device. If you do this, however, you may have to manually adjust some preferences every time you visit our website, and some functionality may not work.
You can opt out of Google Analytics at tools.google.com/dlpage/gaoptout, or opt out of interest-based advertising Cookies at the Digital Advertising Alliance's opt-out page at optout.aboutads.info or, if you are located in the European Union, at youronlinechoices.eu.
DATA SECURITY
We seek to protect your Personal Data from unauthorized access, use, and disclosure using appropriate physical, technical, organizational, and administrative security measures based on the type of Personal Data and how we are processing that data. These include encryption of recordings in transit and at rest, role-based access controls, and access logging.
You should also help protect your data by appropriately selecting and protecting your password or other sign-on mechanism, limiting access to your device and browser, and signing off after you have finished accessing your account. Although we work to protect the security of your account and other data that we hold, please be aware that no method of transmitting data over the internet or storing data is completely secure.
DATA RETENTION
We retain Personal Data about you for as long as necessary to provide you with our Services or to perform our business or commercial purposes for collecting your Personal Data. When establishing a retention period for specific categories of data, we consider who we collected the data from, our need for the Personal Data, why we collected it, and its sensitivity. In some cases we retain Personal Data for longer, if doing so is necessary to comply with our legal obligations, resolve disputes, or collect fees owed, or is otherwise permitted or required by applicable law. We may further retain information in an anonymous or aggregated form where that information would not identify you personally.
For example:
Recordings, transcripts, and derived output are retained for the duration of the customer's subscription term. We have no obligation to retain this content after that term expires or terminates and may delete it at any time thereafter. Customers are responsible for retrieving anything they wish to keep before their term ends, and may delete individual recordings at any time, including where required to do so by law or by a consent they have obtained.
We retain profile information and credentials for as long as you have an account with us.
We retain payment data for as long as we need to process your purchase or subscription.
We retain device and IP data for as long as we need it to ensure that our systems are working appropriately.
We retain text messaging consent and opt-out records for the periods described in the Text Messaging Program section above.
PERSONAL DATA OF CHILDREN
We do not knowingly collect or solicit Personal Data from children under 16 years of age; if you are a child under the age of 16, please do not attempt to register for or otherwise use the Services or send us any Personal Data. If we learn we have collected Personal Data from a child under 16 years of age, we will delete that information as quickly as possible. If you believe that a child under 16 years of age may have provided Personal Data to us, please contact us at [legal@porter.so].
Our customers are responsible for ensuring that recordings made using the Services comply with applicable law, including where a minor may be present during a recorded conversation.
STATE LAW PRIVACY RIGHTS
California Resident Rights
If you are a resident of California, you have the rights set forth in this section. If there are any conflicts between this section and any other provision of this Privacy Policy, the portion that is more protective of Personal Data controls to the extent of such conflict.
Access. You have the right to request certain information about our collection and use of your Personal Data over the past 12 months, including the categories of Personal Data we have collected about you; the specific pieces of Personal Data we have collected; the categories of sources from which that Personal Data was collected; the business or commercial purpose for collecting it; and the categories of third parties with whom we have shared it.
Deletion. You have the right to request that we delete the Personal Data that we have collected about you, subject to certain exceptions under the CCPA — for example, we may need to retain your Personal Data to provide you with the Services or complete a transaction you have requested.
Correction. You have the right to request that we correct any inaccurate Personal Data we have collected about you, subject to certain exceptions.
We do not sell your Personal Data, as that term is defined in the CCPA, and have not done so over the last 12 months. We also do not sell the Personal Data of minors under 16 years of age, and we do not share Personal Data for cross-contextual behavioral advertising.
Exercising your rights. To exercise the rights described above, you must send us a request that (1) provides sufficient information to allow us to verify that you are either the person about whom we have collected Personal Data or an agent authorized by that person, and (2) describes your request in sufficient detail to allow us to understand, evaluate, and respond to it. Send requests to [legal@porter.so]. We will work to respond within 45 days of receipt. We will not charge you a fee unless your request is excessive, repetitive, or manifestly unfounded, in which case we will notify you of the fee and explain that decision before completing your request.
You may also authorize an agent to exercise your rights on your behalf. To do this, you must provide your authorized agent with written permission, and we may request a copy of that written permission when they make a request on your behalf.
Non-discrimination. We will not deny you access to our Services or provide you a lower quality of service if you exercise your rights under the CCPA.
Other rights and notices. Under California Civil Code Sections 1798.83–1798.84, California residents are entitled to contact us to prevent disclosure of Personal Data to third parties for such third parties' direct marketing purposes. Our Services do not support Do Not Track requests at this time.
Residents of Other U.S. States
If you are a resident of Colorado, Connecticut, Texas, Utah, Virginia, or another U.S. state with a comprehensive consumer privacy law, you have the rights of access, correction, deletion, and portability described above as they apply under your state's law, together with the right to appeal a decision we make regarding your request. We do not sell Personal Data, we do not share Personal Data for targeted advertising, and we do not process sensitive personal information for purposes requiring an opt-out right under those laws. To exercise a right, contact us at [legal@porter.so].
Nevada Resident Rights
Please note that we do not currently sell your Personal Data as sales are defined in Nevada Revised Statutes Chapter 603A.
Residents of Canada
If you are in Canada, you may request access to and correction of your Personal Data and may withdraw consent to certain processing, subject to legal and contractual restrictions and reasonable notice. You may also lodge a complaint with the Office of the Privacy Commissioner of Canada or your provincial privacy regulator.
EUROPEAN UNION AND UNITED KINGDOM DATA SUBJECT RIGHTS
If you are a resident of the European Union, United Kingdom, Liechtenstein, Norway, or Iceland, you may have additional rights under the EU or UK General Data Protection Regulation with respect to your Personal Data. Porter will be the controller of your Personal Data processed in connection with the Services. Note that we may also process Personal Data of our customers' end users or employees in connection with our provision of certain services to customers, in which case we are the processor of Personal Data. If we are the processor of your Personal Data, please contact the controller party in the first instance to address your rights with respect to such data.
Lawful bases. We will only process your Personal Data if we have a lawful basis for doing so.
Contractual necessity — Profile or Contact Data and Payment Data, which we need to process to perform under our Terms of Service and provide you with the Services.
Legitimate interest — Profile or Contact Data, Usage and Query Data, Web Analytics, and Device/IP Data, for providing, customizing, and improving the Services; marketing the Services; corresponding with you; meeting legal requirements and enforcing legal terms; and completing corporate transactions. We may also de-identify or anonymize Personal Data to further our legitimate interests.
Consent — where expressly indicated to you at the point and time of collection.
Legal obligation — where processing is required to comply with a legal obligation or protect vital interests.
Your rights. You have the rights of access, rectification, erasure, withdrawal of consent, portability, objection, and restriction of processing, and the right to lodge a complaint about our practices with the supervisory authority of your country or EU Member State. To submit a request, email [legal@porter.so].
Transfers. The Services are hosted and operated in [the United States and Canada] through Porter and its service providers, and if you do not reside there, laws in those countries may differ from the laws where you reside. By using the Services, you acknowledge that any Personal Data about you is being provided to Porter and will be hosted on servers in those countries, and you authorize Porter to transfer, store, and process your information there. In some circumstances, your Personal Data may be transferred pursuant to a data processing agreement incorporating standard data protection clauses.
CONTACT INFORMATION
If you have any questions or comments about this Privacy Policy, the ways in which we collect and use your Personal Data, or your choices and rights regarding such collection and use, please contact us at [legal@porter.so], or write to us at:
Rare Circles Inc. dba Porter
ATTN: Porter, 708-454 de la Gauchetiere Ouest, Montreal, QC, Canada, H2Z 1E3
For questions about a text messaging program, including help with opting out, you may also reply HELP to any message we send you.