Privacy & Cookies Policy

PARCEL PERFORM PTE. LTD. (Company registration number: 201308254C) is a company incorporated in Singapore with its principal address at 138 Cecil Street #16-00, Singapore 069538 (“Perform.AI”). Perform.AI owns and operates the technology platform providing end-to-end AI powered commerce solutions, including delivery experience management, customer intelligence, and related products, features and services (“Service(s)”) through its website at https://www.perform.ai, Perform.AI’s application programming interfaces (“API(s)”), Perform.AI’s Model Context Protocol server (the “MCP Server”)which allows Users to connect third-party artificial intelligence applications and agents of their choice (each a “Connected AI Client”) to the Services, integrations and related products and http://www.parcelmonitor.com (“Site”).

Perform.AI takes Users’ privacy seriously and is committed to providing a safe online experience. Perform.AI believes in being transparent about its practices and provides this Privacy & Cookies Policy (“Policy”) to explain how Perform.AI collects, uses and discloses Personal Data (described below), and how Users have control over their Personal Data

1. This Policy

1.1 This Policy governs all users of the Site and/or Services (“User”, “You, “Your”) and describes how Users’ information, including Personal Data, will be collected, used and shared in connection with the use of the Site and/or Services, Perform.AI’s legal basis for doing so as well as Users’ rights and choices regarding the information they provided to Perform.AI. This Policy is intended to meet the requirements of the Personal Data Protection Act of Singapore (“PDPA”) as Perform.AI is headquartered in Singapore, the European Union’s General Data Protection Regulation (“GDPR”) in relation to Users who are EU residents, and the California Consumer Privacy Act (“CCPA”) in relation to Users who are California residents. With regards to Personal Data of the  clients of Perform.AI’s customers, Perform.AI acts as data processors and its customers act as controllers. This relationship is subject to Perform.AI’s terms and conditions and the incorporated data processing agreement (and standard contractual clauses where applicable).

1.2 Perform.AI reserves the right to update this Policy from time to time. Users should periodically visit this page to review the current terms of this Policy so that they are aware of any updated terms by which they are bound. In the event of any changes to this Policy, Perform.AI will either notify Users via e-mail or post the changes to this Policy on the Site and update the “Last Updated” date at the top of this Policy as the effective date of change. However, any changes will not apply retrospectively.

1.3 By using the Site and/or Services, Users agree that they have read and understood this Policy, and consent to the use of their information in accordance with this Policy.

1.4 If You have any questions about this Policy, please reach out to Perform.AI’s Data Protection Officer (“DPO”) at dpo[at]perform[dot]ai. For parcel tracking inquiries, please refer to https://www.parcelmonitor.com/track-my-parcel. 

2. Users’ Rights

2.1 Subject to exceptions under the applicable laws, Users have the rights to:

a) Request access to their Personal Data. This enables a User to receive a copy of its Personal Data held by Perform.AI.

b) Request correction to their Personal Data. This enables a User to have any incomplete or inaccurate information corrected.

c) Withdraw consent. This enables a User to withdraw its consent given to Perform.AI to process its Personal Data. If a User withdraws its consent, Perform.AI may not be able to provide the User with access to certain specific functionalities of the Site and/or Services. Perform.AI will advise the User if this is the case at the time the User seeks to withdraw its consent.

2.2 If You are residing in the EU or in California, You have the following additional rights pursuant to the GDPR and the CCPA:

a) Request erasure of their Personal Data. This enables a User to ask Perform.AI to delete or remove its Personal Data where there is no good reason for Perform.AI continuing to process it. A User also has the right to ask Perform.AI to delete or remove its Personal Data where it has exercised the right to object to processing (see below).

b) Object to processing of their Personal Data. This right exists where Perform.AI is relying on a legitimate interest as the legal basis for processing of a User’s Personal Data but the User has a reason to object to processing of its Personal Data. A User also has the right to object where Perform.AI is processing its Personal Data for direct marketing purposes.

c) Request the restriction of processing of their Personal Data. This enables a User to ask Perform.AI to suspend the processing of its Personal Data, for example if the User requires Perform.AI to establish its accuracy or the reason for processing it.

d) Request the transfer of their Personal Data. This enables a User to request that Perform.AI provides to the User, or a third party designated by the User, its Personal Data in a structured, commonly used, machine-readable format. Please note that this right applies only to automated information which the User initially provided consent for Perform.AI to use or where Perform.AI used the information to perform a contract with the User.

e) Right to lodge a complaint. If You have any questions or suggestions, You are welcome to contact our Data Protection Officer. You are also entitled to lodge a complaint with a supervisory authority if You are of the opinion that the processing of Your Personal Data violates the data protection laws.

3. How to exercise Your rights

3.1 If a User wishes to exercise the rights under paragraph 2 above, the User is required to:

a) put its request in writing to the DPO;

b) provide Perform.AI with sufficient information, or Perform.AI may request for further information, for it to verify the User’s identity as security measures to ensure that Personal Data is not disclosed to any person who has no right to receive it; and

c) specify the right which the User wishes to exercise and identify the relevant Personal Data for this purpose.

3.2 Perform.AI will endeavor to respond to all legitimate requests within thirty (30) days unless a User’s request is particularly complex or the User has made multiple requests. In this regard, Perform.AI will notify the User and keep it posted. Typically, the User will not have to pay a fee to access its Personal Data (or to exercise any of the other rights). However, if the User’s request is clearly unfounded, repetitive or excessive, Perform.AI may refuse to comply with its request in such circumstances. 3.3 Users may submit a complaint to Perform.AI in relation to this Privacy Policy or Perform.AI’s practices in relation to their Personal Data, by reaching out to the DPO.

4. Types of Data that Perform.AI collects

4.1 Personal Data that Users provide directly to Perform.AI. When Users use the Site and/or Services, their Personal Data and other information may be collected by Perform.AI through Users’ voluntary submission (e.g. when Users contact Perform.AI, when Users sign up for an account with Perform.AI or when Users provide such necessary information for Perform.AI to execute its services to Users). When You use free tools offered on the Site, Perform.AI collects the details You submit, including Your name, work email address and the website domain You enter, and may use them to send You the results and to contact You about the Services. 

“Personal Data” means data that may enable Perform.AI to identify Users personally, including data about a person who can be identified (i) from that data, or (ii) from that data and other information to which Perform.AI has or is likely to have access. 

The type of Personal Data collected may vary based on how it was gathered, which may include:

a) “Identity Data” such as name, marital status, title, date of birth and gender, picture, or other forms of identification;

b) “Contact Data” such as home/work/billing address, e-mail address and telephone number;

c) “Authentication Information” such as account identifiers and authentication data (for example, usernames and access tokens or credentials, stored in encrypted form) relating to any third party platform, application or website that You link to Your Perform.AI account;

d) “Transaction Data” such as details about payments to and from Users and other details of services Users have subscribed from Perform.AI;

e) “Marketing Data” such as Users’ preferences in receiving marketing communications from Perform.AI and/or Perform.AI’s third party partners and Users’ communication preferences. If Users correspond with Perform.AIm by email or messaging through the Site Perform.AI may retain the content of such emails, messages and its responses;

f) “Online Presence Data” such as links to Users’ public account pages at social media websites and other online materials related to Users;

g) “Behavioral Data” such as inferred or assumed information relating to Users’ behavior and interests, based on their online activity. This is most often collated and grouped into "segments";

h) “Technical Data” such as Internet protocol (IP) address, login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices Users use to access the Site or use the Services, and, where Users access the Services through the APIs or the MCP Server, the identity and version of the Connected AI Client or other client application used, authentication and authorization data (such as OAuth token identifiers), request timestamps and related connection metadata;

i) "Interaction Data" such as the content of requests and responses exchanged where Users access the Services, including through the APIs or the MCP Server and related error and diagnostic information. Such requests and responses may contain Personal Data, including personal data processed in connection with the use of the Services.

j) “Content Data” such as content Users post to the Site not already included in another category, including Users’ profiles, questions, preference settings, answers, messages, comments, and other contributions on the Services, and metadata about them (such as when You posted them) (collectively, "Content").

4.2 Personal data from third party sources. Perform.AI may also collect certain Users’ Personal Data from third party sources, for example, among others, information from social media sites, Perform.AI’s affiliates, analytics providers, advertisers, data brokers, and identity verification and compliance service providers. 

4.3 Shipment data (including tracking data). In order for Perform.AI to provide the Services to Users, tracking IDs of parcels (without Personal Data of end-consumers / parcel recipients) will be provided by Users and/or Carriers to Perform.AI and such tracking IDs and all information that can be obtained from them are necessarily considered public.

4.4 Non-Identifiable or Aggregated Data. When Users interact with Perform.AI through the Site, Perform.AI may receive and store certain personally non-identifiable information. Such information, which is collected passively using various technologies, cannot be used to specifically identify Users and is anonymous. Perform.AI may store such information itself or such information may be included in databases owned and maintained by Perform.AI’s affiliates, agents or service providers. The Site may use such information and pool it with other information to track, for example, the total number of visitors to the Site, the number of visitors to each page of the Site, the domain names of visitors' Internet service providers, and how Users use and interact with the Services. Also, in an ongoing effort to better understand and serve Users of the Services, Perform.AI often conducts research on its customer demographics, interests and behavior based on Personal Data and other information provided to Perform.AI. This research may be compiled and analyzed on an aggregate basis. Perform.AI may share such non-identifiable and aggregate data with its affiliates, agents and business partners, but this type of non-identifiable and aggregate information does not identify Users personally. Perform.AI may also disclose aggregated user statistics in order to describe the Services to current and prospective business partners, and to other third parties for other lawful purposes.

4.5 No Special Categories of Personal Data. Perform.AI does not collect any "Special Categories of Personal Data" about Users. This includes details about race or ethnicity, religious or philosophical beliefs, sexual orientation, political opinions, trade union membership, information about health and genetic and biometric data. Nor does Perform.AI collect any information about criminal convictions and offenses.

4.6 Data Minimization. Perform.AI collects only relevant and minimal Personal Data limited to what is necessary in relation to the purposes for which they are collected and processed. In this regard, Users agree to provide only true, accurate, current and complete information about themselves.

5. Consent and Withdrawal

5.1 By interacting with Perform.AI using Personal Data, or voluntarily submitting Personal Data to Perform.AI when using the Site and/or Services, Users agree and consent to providing their Personal Data and the manner in which their Personal Data will be handled as set forth in this Policy.

5.2 Where the information provided by Users to Perform.AI contains Personal Data belonging to third parties (e.g. Personal Data relating to Carriers or end-customers), Users warrant and represent that consent from such third parties have been obtained to enable transmission of such data to Perform.AI and for Perform.AI to use such data to execute the Services to Users. If the third parties have withdrawn such consent, Users shall notify Perform.AI immediately to enable Perform.AI to stop processing such data.

5.3 If Users are located in the EU or in California, Perform.AI will seek and rely on Users’ consent as a legal basis for using their Personal Data where Perform.AI has expressly sought it for specific purpose(s). Users will be asked to provide clear and affirmative consent to the collection, processing and use of their Personal Data. If Perform.AI relies on Users’ consent to the use of their Personal Data, Users have the right to withdraw their consent at any time (but this will not affect any processing that has already taken place).

5.4 Users may, by notice in writing to Perform.AI (this form requirement does not apply to Users residing in the EU, who may withdraw their consent in whatever form), withdraw their consent to providing their Personal Data to Perform.AI. Perform.AI shall endeavor to cease processing their Personal Data, destroy or delete the information, or remove the means by which the data can be associated with Users within thirty (30) days from the receipt of the said notice, unless its retention is required to satisfy legal, regulatory, accounting or other business requirements or to protect Perform.AI’s interests and its storage is thus justified under a relevant legal basis.

5.5 Users may decline to provide Perform.AI with Personal Data. If Users choose not to provide any Personal Data whenever required by Perform.AI, this may limit Users’ ability to use certain features of the Site and/or Services, or Perform.AI might not be able to deliver or adequately deliver the Services to such Users.

6. How Perform.AI uses Personal Data on a lawful basis

6.1 Perform.AI’s primary objective in collecting and using Users’ Personal Data is to provide, facilitate, personalize and/or improve its Services, including the Site, to Users. Below are the more detailed examples of relevant purposes for which Perform.AI may use Users’ Personal Data:

a) Providing, updating, and maintaining the Site, Services, business and client database, including to facilitate and fulfill transactions with Users and processing payment transactions;

b) Conducting research and development, including to perform market, demographic or trend analysis/survey for research and marketing purposes, and for data aggregation and analytics;

c) Communicating with Users about the Services, including to interact with Users via social media platforms, and to improve or personalize Users’ online experience with Perform.AI;

d) Providing support, including to contact Users regarding any complaints, feedback, queries or requests;

e) Enhancing security, including to facilitate investigations into any suspicious or illegal activity on the Site or relating to use of the Services;

f) Communicating with Users for the purposes of marketing, promoting  and driving engagement in respect of the Services and third-party products and services which may be of interest to Users based on their interactions with Perform.AIm. Such communication may be in the form of postal mails, emails, text messages, social media channels, newsletters, brochures or other printed or digital communication;

g) Complying with applicable law, legal process and regulations and protecting legitimate business interests;

h) internal administrative and management purposes;

i) operating, securing and monitoring access to the Services through the APIs and the MCP Server, including authenticating Users and their Connected AI Clients, enforcing usage limits and preventing misuse;

j) any purposes exempted under the applicable laws;

k) any other purposes reasonably relate to the aforesaid.

6.2 In respect of each of the purposes for which Perform.AI uses  Personal Data, the GDPR requires Perform.AI to ensure that it has a legal basis for that use if Users are within the EU. The legal basis depends on the Services Users use and how they use them. This means Perform.AI collects and uses Personal Data only where Perform.AI needs to:

a) provide Users the Services, including to operate the Services, fulfill contractual obligations with Users, provide customer support and personalized features and to protect the safety and security of the Services (Article 6 para 1 lit. b GDPR);

b) pursue legitimate interests in a way that might reasonably be expected as part of running its business and that does not materially impact Users’ rights, freedom or interests (Article 6 para 1 lit. f GDPR); or

c) process Users’ data to comply with any legal or regulatory obligation (Article 6 para 1 lit. c GDPR), and

d) finally based on the data subject’s consent (Article 6 para 1 lit. a GDPR).

6.3 For Users in the EU, the legal bases in paragraph 6.2 apply to the purposes listed in paragraph 6.1 as follows: a) the purposes in paragraph 6.1 a), c) and d) rely on the performance of a contract with You, or on steps taken at Your request before entering into a contract (Article 6 para 1 lit. b GDPR) and, where no contract exists, on Perform.AI's legitimate interest in operating the Site and the Services and responding to Your requests (Article 6 para 1 lit. f GDPR); b) the purposes in paragraph 6.1 b), e), h) and i), including the maintenance of Perform.AI's business and client database, rely on Perform.AI's legitimate interests in understanding, improving and securing its Services, administering its business and developing its customer relationships, including recording and following up on enquiries and requests received through the Site (Article 6 para 1 lit. f GDPR); c) the purpose in paragraph 6.1 f) (marketing communications) relies on Your consent (Article 6 para 1 lit. a GDPR) where Perform.AI has asked for it, in particular for marketing by electronic means, and otherwise on Perform.AI's legitimate interest in promoting its Services to business contacts who have interacted with it (Article 6 para 1 lit. f GDPR). You may object to direct marketing at any time (see paragraph 2.2 b)); d) the purpose in paragraph 6.1 g) relies on compliance with Perform.AI's legal obligations (Article 6 para 1 lit. c GDPR).

6.4 If Perform.AI intends to use, handle or process any Personal Data in any manner that is not consistent with this Policy, Perform.AI will publish a notification of change on the Site prior to the change becoming effective. Users are deemed to have consented to such variation if Perform.AI does not receive any notice of objection within seven (7) days from the date of the said notice. If Users are in the EU, Perform.AI will notify such Users of such changes through emails and such Users should respond accordingly to indicate whether or not they consent to such change. In such a case consent will not be assumed automatically.

7. Information Collected Automatically

7.1 Cookies

In order to improve Perform.AI’s products or services, Perform.AI collects data by way of “cookies”. A cookie is a small text file containing small amounts of information which are automatically downloaded into Users’ computers (or other electronic devices) when Users access the Site. Cookies help to measure the number of visits, average time spent, page views and other statistics relating to Users’ access to the Site. This information allows Perform.AI to better administer the Site, and provide a more tailored and user-friendly service to Users. Cookies also enable Users to use or access certain features or services of the Site. Each time a User visits the Site from the same computer or device, the cookie will be retrieved from its computer or device, enabling the Site to recognize its computer or device as having previously visited the Site and thereby increase the functionality of the Site on its computer or device. Therefore, generally, Perform.AI uses cookies to:

a) recognize a User’s browser as a previous visitor and save any preferences that may have been set during its last visit to the Site ;

b) obtain information about a User’s preferences, online movements and use of the Internet;

c) track website analytics and carry out research and statistical analysis to help improve Perform.AI’s content, products and services and to help Perform.AI better understand its visitors’ or customers’ requirements and interests;

d) customize and target Perform.AI’s marketing and advertising campaigns and those of its partners more effectively by providing personalized interest-based advertisements;

e) measure and research the effectiveness of Perform.AI’s interactive online content, features, advertisements, and other communications;

f) make the Users’ online experience more efficient and enjoyable.

The information Perform.AI obtains from the use of cookies will not usually contain Users’ Personal Data (if You are residing in the EU this will usually be considered Personal Data within the meaning of the GDPR and we will adhere to the relevant restrictions). Although Perform.AI may obtain information about Users’ computers or other electronic devices such as IP address, browser and/or other internet log information, this will not usually identify Users personally. In certain circumstances, information Perform.AI obtains through the use of cookies may be combined with other Personal Data relating to Users, in which case such combined information will be treated as Personal Data.

Perform.AI will obtain Users’ consent in order to use cookies on the Site. The exception is where the cookies are strictly necessary in order for Perform.AI to operate the Site and/or to provide Users with a service that the User has expressly requested. If You reside in the EU, the relevant processing will be based on our legitimate interest to technically operate the Site for technically required cookies (Article 6 para 1 lit. f GDPR) or on us fulfilling contractual obligations (Article 6 para 1 lit. b GDPR). Most web browsers and devices can be set to notify Users when they receive a cookie or to prevent cookies from being sent. If Users use these features, they may limit the functionality of the Site . Users may be free to block, delete, or disable the cookies if their devices permit so. Users can also manage their cookies and cookie preferences in their browsers or device settings. If Users have recently disabled one or more cookies, Perform.AI will stop using the disabled cookies to collect any further information. However, Perform.AI may still use information collected from such cookies prior to Users selecting the ‘disable’ preference setting. This will not be the case if You reside in the EU.

Further information about cookies, including how to see what cookies have been set on computer or device and how to manage and delete them can be found at www.allaboutcookies.org and www.youronlinechoices.com.

7.2 Third-Party Cookies

Third-party cookies are set by third-party sites separate from the Site. Perform.AI works with third-party service providers who are authorized to place third-party cookies and may also set cookies on the Site. These third-party service providers are responsible for the cookies they set on the Site. If Users want further information, please visit the website of the relevant third party. If Users would like to opt-out of all other types of technologies Perform.AI employs on the Site, Users may do so by changing their browser settings to block, delete or disable these technologies as such browsers or devices permit. If You reside in the EU, such cookies will be based on Your prior consent only where applicable.

7.3 Log Files

Log file information is automatically reported by a User’s browser each time it accesses a web page. When Users use the Site, Perform.AI’s servers automatically record certain information Users’ web browsers send whenever they visit any website. These server logs may include information such as web request, Internet Protocol address, browser type, referring / exit pages and URLs, number of clicks, domain names, landing pages, pages viewed, and other such information. If You reside in the EU, such mandatory collection will be based on our legitimate interest of technically providing You with access to our Site (Article 6 para 1 lit. f GDPR).

Similarly, when Users access the Services through the APIs or the MCP Server, Perform.AI’s servers automatically record certain technical information about each request. These logs may include information such as the Internet Protocol address, the identity and version of the Connected AI Client or other client application used, authentication metadata, the date and time of the request, the tools or endpoints invoked and the parameters submitted, response metadata, and other such information. Perform.AI uses this information to operate, secure and improve the Services and to monitor compliance with applicable terms of service.

7.4 Clear GIFs Information (Web Beacons)

When Users use the Site, Perform.AI may employ clear GIFs (also known as web beacons or tracking pixels) to anonymously track online usage patterns. No personally identifiable information about Users is collected using these clear GIFs. In addition, Perform.AI may also use clear GIFs in HTML-based emails sent to Users to track which emails are opened by recipients. The information collected is used to enable more accurate reporting and make the Site better for Users. If You reside in the EU this will be based on Your express consent.

7.5 Other Automatic Collection

Perform.AI may collect automatically certain information while You use the Services, such as actions taken during such use and how You interact with the Services.

8. How Perform.AI shares information

8.1 Perform.AI is not in the business of selling Users’ information. There are, however, certain circumstances in which Perform.AI may share Users’ Personal Data with certain third parties without further notice to Users, such as with:

a) Affiliates and Third-Party Partners. Certain authorized affiliates may access Users’ Personal Data to help Perform.AI develop, maintain and provide the Services and help manage Perform.AI’s customer relationships (including providing customer support, customer liaison, etc). Perform.AI may also share Users’ Personal Data with its business partners whom Perform.AI collaborates in providing the Services, in which case these third parties are prohibited from using Users’ Personal Data for any other purposes.

b) Service Providers. Perform.AI’s service providers provide Perform.AI support for the Services, including, for example, website and application development, hosting, maintenance, security, backup, storage, virtual infrastructure, payment processing, customer relationship management, marketing and communications tools, analysis, identity verification, background and compliance reviews, banking services, and other services for Perform.AI, which may require them to access or use Personal Data about Users. These third parties are prohibited from using Users’ Personal Data for any other purposes.

c) Professional Advisors. Perform.AI’s lawyers, accountants, bankers, auditors and insurers may need to review Users’ Personal Data to provide consultancy, compliance, banking, legal, insurance, accounting and similar services. These third parties are prohibited from using Users’ Personal Data for any other purposes.

d) Governmental Authorities or Agencies. Perform.AI may disclose Users’ Personal Data to governmental authorities or agencies if it believes that it is reasonably necessary to comply with a law, regulation, order, subpoena, rule of a self-regulatory organization or audit or to protect the safety of any person, to address fraud, security or technical issues, or to protect its legal rights, interests and the interests of others, such as, for example, in connection with the acquisition, merger or sale of securities or a business (e.g. due diligence). Perform.AI will not share Users’ Personal Data with non-governmental entities, except where such entities have been duly authorized to carry out specific governmental activities.

e) Advertisers. Certain users of the Site and/or Services may have access to Users’ Personal Data for the purpose of enabling them to interact with Users and more effectively offer opportunities through the Site that are targeted towards Users’ background and preferences. Perform.AI may also allow third-parties, including ad servers or ad networks, to serve advertisements on the Site, and such third parties may be provided with access to Users’ Personal Data to provide advertising tailored to Users’ interests. For more information on how Google uses Users’ Personal data in this regard, see https://policies.google.com/technologies/partner-sites.

f) Researchers. To enhance the public understanding of patterns and trends in the markets served by the Services, Perform.AI may provide Personal Data to third parties under confidentiality obligations such as, for example, academics or contractors, for research purposes. These third parties are prohibited from using Users’ Personal Data for any other purposes.

g) Connected AI Clients. Where a User accesses the Services through the MCP Server, Perform.AI will disclose data (which may include Personal Data) to the Connected AI Client selected by that User, at that User’s direction, as further described in Section 9.

8.2 As Perform.AI develops its business, it might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data may be part of the transferred assets.

8.3 Perform.AI may also share non-Personal Data (such as anonymous usage data, referring/exit pages and URLs, platform types, number of clicks, etc.) with interested third parties to help them understand the usage patterns for certain Services or conduct independent research based on such anonymous usage data.

8.4 If a User requests that Perform.AI removes its Personal Data in exercise of its rights, Perform.AI will convey that request to any third-party with whom Perform.AI has shared the User’s data. Perform.AI is not, however, responsible for revising or removing the User’s Personal Data obtained by any third party who has previously been provided with the User’s information by Perform.AI in accordance with this Policy or any third party to whom the User has directly provided such information (whether by sharing login and password, or otherwise).

8.5 Users agree that Perform.AI may transfer Users’ Personal Data to Perform.AI’s affiliates, subsidiaries and/or other authorized third parties located in any location as long as the Personal Data is handled in accordance with this Policy and all applicable laws relating to data privacy protection of the relevant jurisdiction.

8.6 If You reside in the EU the following further restrictions apply: Only those internal offices or organizational units as well as Perform.AI’s affiliates will receive Your Personal Data if this is necessary for the fulfillment of Perform.AI’s contractual and legal obligations or if Perform.AI requires the data in the context of processing and implementing its legitimate interests. Your Personal Data will only be disclosed or otherwise transferred to third parties if this is necessary for the purpose of the Services. Incidentally, the data passed on may only be used by Perform.AI’s service providers to fulfill their respective tasks. Any other use of the information is not permitted and does not take place with any of the service providers entrusted by Perform.AI. In addition, Your data will be passed on to external recipients if Perform.AI is obligated to provide information, report or pass on data in order to comply with legal requirements, or to external service providers who act as order processors on behalf of Perform.AI or perform functions for Perform.AI (e.g. IT service providers, software providers, data centers, data shredders or courier services). Otherwise, Perform.AI will only pass on Your data with Your consent.

9. Access through the MCP Server and Connected AI Clients

9.1 The MCP Server allows a User to connect a Connected AI Client, such as an artificial intelligence application operated by a third-party provider (for example, Anthropic or other providers of AI applications), to the Services, so that the User can use Perform.AIm Services through that Connected AI Client. Connected AI Clients are selected by, and contracted for by, the User. They are operated by third parties, and Perform.AI does not operate, endorse, or contract with the providers of Connected AI Clients on Users’ behalf.

9.2 When a User submits a query through a Connected AI Client, the information returned by the MCP Server is transmitted to that Connected AI Client and may be processed, stored and used by its provider, including by the artificial intelligence models it operates. Such transmission is a disclosure made at the User’s direction. The processing, storage, retention and use of that information by the provider of a Connected AI Client are governed by that provider’s own terms and privacy policies, not by this Policy, and are outside Perform.AI’s control. Providers of Connected AI Clients are not sub-processors or service providers of Perform.AIm. Users should review the applicable provider’s privacy policy and AI terms before connecting a Connected AI Client to the Services.

9.3 When accessing Perform.AI’s Services via the MCP Server, the User is responsible for ensuring that it has a lawful basis for the resulting disclosure of Personal Data to its Connected AI Client, including, where applicable, the consents, warranties and authorizations described in Sections 5.2 and 11.

9.4 Consistent with Section 8.4, Perform.AI is not responsible for revising or removing Personal Data already transmitted to and retained by a Connected AI Client; Users should direct such requests to the relevant provider.

10. Period of retention

Personal Data provided by Users will be retained and stored as long as the purpose for which the data was required continues, unless the User explicitly requests for its removal in exercise of rights. Thereafter, Perform.AI will destroy or delete the information, or remove the means by which the data can be associated with the User, unless its retention is required to satisfy legal, regulatory, accounting or other business requirements or to protect Perform.AI’s interests. Perform.AI will, however, periodically review data it holds, and erases or anonymizes it when it is no longer needed. Technical and log data generated by access to the Services through the APIs and the MCP Server are retained in accordance with the same criteria. Information transmitted to a Connected AI Client is retained by that Connected AI Client’s provider in accordance with the provider’s own retention practices, over which Perform.AI has no control.

11. Information About Others

If a User or its Authorized User gives Perform.AI information on behalf of someone else, the User shall, and procure that its Authorized User shall, warrants that it has obtained the authorization from that person to provide such Personal Data on his/her behalf and that other person has agreed that the User or Authorized User can act on his or her behalf and (i) give consent on his or her behalf to the processing of his or her Personal Data in accordance with this Policy; (ii) receive on his or her behalf any data protection notices; and (iii) give consent to the use and transfer of his or her Personal Data abroad in accordance with this Policy. Users agree to indemnify and hold harmless Perform.AI from any claim that such authority did not exist.

12. Security 

12.1 Perform.AI uses industry-standard physical, managerial, and technical safeguards to preserve the confidentiality, integrity and security of Users’ information from loss, misuse, and unauthorized access or collection, disclosure, alteration, or destruction. Perform.AI limits access to Users’ Personal Data to those employees who have a business need to have such access. All such people are subject to a contractual duty of confidentiality. Perform.AI cannot, however, ensure or warrant the security of any information Users transmit to Perform.AI or guarantee that Users’ information through the Services may not be accessed, disclosed, altered, or destroyed by a breach of any of our physical, managerial, or technical safeguards. 12.2 In addition, Perform.AI has in place the following additional measures with respect to Personal Data of individuals in the EU:

a) Perform.AI will conduct data protection impact assessments from time to time, when required by the GDPR;

b) documented trail and records of the type of information Perform.AI collected, its source, consent received and with whom it is shared;

c) other appropriate technical and organizational measures to implement the data protection principles and safeguard individual rights.

12.3 While Perform.AI will use all reasonable efforts to safeguard Personal Data, Users acknowledge that the use of the Internet is not entirely secure and for this reason Perform.AI  cannot guarantee the security or integrity of any Personal Data that are transferred from Users or to Users via the Internet. 12.4 Access to the Services through the APIs and the MCP Server is authenticated and authorized using industry-standard mechanisms (such as OAuth-based authorization). Users are responsible for safeguarding the credentials, tokens and connection settings used by their Connected AI Clients and for disconnecting any Connected AI Client that is no longer authorized to access the Services.

13. Monitoring and Checking

13.1 Perform.AI may monitor and record communications with Users (such as telephone conversations and emails) for the purpose of quality assurance, training, fraud prevention and compliance. 13.2 For the prevention of fraud and money laundering, Perform.AIm may search the files of credit reference from fraud prevention agencies (who will record the search). If a User provides false or inaccurate information and Perform.AI suspects fraud, Perform.AI may disclose information about the User’s conduct on the Site to such agencies and if the situation warrants it, Perform.AI may have to report to law enforcement authorities. 13.3 Perform.AI may preserve the content of any email or "Contact Us" or other electronic messages received. Any Personal Data contained in those messages will only be used or disclosed in ways set out in this Policy. The message content may be monitored by Perform.AI’s service providers or employees for purposes including, but not limited to, compliance, auditing and maintenance or where email abuse is suspected.

14. Exclusions

14.1 This Policy applies to all users of the Site and/or Services only. While Users may encounter links on the Site to other websites, such as those relating to Perform.AI’s third party partners, advertisers and other parties whom Perform.AI collaborates with (“Third Party Platforms”), this Policy does not apply to the activities of such Third Party Platforms that may collect Users’ Personal Data while accessing or using such third party’s services in connection with Users’ use of the Site. The privacy practices of those third parties are not covered by this Policy. The links from the Site do not imply that Perform.AI endorses or have reviewed the Third Party Platforms. Users shall contact those platforms directly for information on their privacy policies. For the avoidance of doubt, Connected AI Clients and their providers are Third Party Platforms for the purposes of this Policy. 14.2 This Policy shall not apply to any unsolicited information Users provide to Perform.AI through the Site or any other means. This includes, but is not limited to, information posted to any public areas of the Site, such as message boards, any ideas or feedback, and other unsolicited submissions (collectively, “Unsolicited Information”). All Unsolicited Information shall be deemed to be non-confidential and Perform.AI shall be free to reproduce, use, disclose, distribute and exploit such Unsolicited Information without limitation or attribution.

15. Privacy of Children

If a User is an individual in the EU or in California who is less than 16 years old, please do not send Perform.AI any Personal Data. Perform.AI does not knowingly collect nor does Perform.AI wish to collect any personally identifiable information or other user information from children under the age of 16. In the event that Perform.AI learns that any personal information from a child under the age of 16 has been collected, Perform.AI will delete the information from its database and terminate the corresponding account, if any.

16. Further Information for Users residing in the EU

16.1 Third country transfer - A transfer of data to countries outside the EU or the EEA (so-called third countries) only takes place insofar as this is necessary in the context of the processing of Perform.AI’s contractual relationships or is required by law (e.g. reporting obligations under tax law), You have given Perform.AI Your consent or in the context of commissioned processing. If service providers in the third country are used, they are, in addition to written instructions, obligated by the agreement of the EU standard contractual clauses to comply with the level of data protection in Europe.

16.2 Scope of Your obligations to provide data - In principle, You are not obliged to provide Perform.AI with Your Personal Data. However, if You do not do so, Perform.AI cannot, for example, make the Site available to You, answer Your inquiries, process Your complaints, send You press releases or the like, process Your application or offer You employment. In the context of the business relationship, Perform.AI must also provide those Personal Data that are required for the establishment and implementation of the business relationship and the fulfillment of the associated contractual obligations, or which Perform.AI is required to collect by law. Without this data, Perform.AI usually has to refuse the contract, can no longer perform an existing contract or may have to terminate it.

16.3 Automated decision making.  Perform.AIdoes not use automated decision making, including artificial intelligence, to make decisions that produce legal or similarly significant effects on individuals (such as decisions about employment, credit, housing, insurance, education or access to essential services).

17. Governing Law and Dispute Resolution

Irrespective of the country from which Users access or use the Site and/or Services, to the extent permitted by law, this Policy shall be governed in accordance with the laws of Singapore without regard to choice or conflicts of law principles, and Users hereby agree to submit to the exclusive jurisdiction of the courts of Singapore to resolve any claims or disputes which may arise in connection with this Policy. Any disputes concerning this Policy and claims concerning breach or inadequacy of Personal Data protection raised by an EU Individual will be dealt with in accordance (to the maximum permissible extent) with the GDPR.

Address: 138 Cecil Street #16-00, Singapore 069538