Privacy Policy

Section 1. Introduction

Aktify, Inc. (“Aktify,” “we,” “us,” or “our”) is an AI-powered sales engagement platform that provides conversational AI solutions — including automated SMS, voice outreach, and lead nurturing tools — to businesses (“Clients”). This Privacy Policy explains how we collect, use, disclose, and protect personal information when you:

• Visit our website at aktify.com (the “Site”);
• Interact with us as a prospective or current Client;
• Are a Consumer whose information has been provided to us by one of our Clients for outreach and engagement purposes; or
• Otherwise interact with our Platform, products, or services.

This Policy also describes your rights regarding your personal information and how to exercise them.

Note for Consumers contacted on behalf of our Clients: If you received an SMS, call, or email from Aktify on behalf of a business you previously engaged with, that business is the “data controller” responsible for the original collection of your information and the consent you provided. Aktify processes your information as a data processor/service provider on that business’s behalf. You may contact us at privacy@aktify.com or the business directly to exercise your rights.

Section 2. Who This Policy Applies To

• Site Visitors — Anyone who visits aktify.com.
• Client Contacts — Representatives of businesses that use or inquire about Aktify’s services.
• Consumers — Individuals whose data our Clients have provided to Aktify for processing.

Section 3. Information We Collect

3.1 Information You Provide Directly

• Identity data (first name, last name)
• Business contact data (company name, job title, work email, phone)
• Communication data (content of messages/inquiries)

3.2 Information We Receive from Clients (Consumer Data)

• Contact information
• Account and transaction data
• Demographic data
• Communication history
• Consent records

We process this data solely to provide services to the Client.

3.3 Data Collected Automatically

• Interaction data
• Device and network data
• Engagement data

3.4 Website Tracking Data

• Usage data
• Technical data
• Cookie data (see Section 5)

3.5 Data We Do Not Collect

We do not knowingly collect data from children under 13.

Section 4. How We Use Personal Information

4.1 Providing and Operating Our Services

SMS and AI call delivery, scheduling, fraud detection, and platform security.

4.2 Client Relationship Management

Demos, support, onboarding, and invoicing.

4.3 Communications and Marketing

We may send marketing communications. You may opt out at any time (see Section 12).

4.4 AI and Platform Improvement

We use aggregated and de-identified data only. We do not use Consumer data for AI training without Client authorization.

4.5 Legal and Compliance Obligations

Compliance with TCPA, CCPA/CPRA, CAN-SPAM, and FCC requirements.

Section 5. Cookies & Tracking Technologies

5.1 Types of Cookies We Use

5.2 Email Matching and Retargeting

We use Retention.com to identify and re-engage site visitors. To opt out of this tracking, visit https://app.retention.com/optout.

5.3 Your Cookie Choices

• Use our cookie preference center when prompted on the Site
• Adjust your browser settings to block or delete cookies
• Opt out of interest-based advertising at optout.aboutads.info (DAA) or optout.networkadvertising.org (NAI)

Section 6. How We Share Personal Information

We do not sell personal information. We do not share personal mobile information with third parties for marketing purposes. We share information only in the following circumstances:

6.1 Service Providers

Vendors who assist in operating our platform (hosting, analytics, SMS delivery) under contractual data protection obligations.

6.2 Clients

We share interaction data (e.g., conversation logs, engagement records) back with the Client that provided the Consumer data.

6.3 Legal Requirements

When required by law, subpoena, court order, or to protect our rights and the safety of others.

6.4 Business Transfers

In connection with a merger, acquisition, or sale of assets, personal information may be transferred as part of the transaction.

6.5 With Your Consent

In any other circumstance where you have given us explicit consent to share your information.

Section 7. AI-Powered Communications Disclosure

• AI Disclosure: Aktify’s AI agent identifies itself as automated when directly asked by the recipient.
• Human Handoff: Consumers may request transfer to a live human representative at any time.
• Automated Calling Compliance: All automated calling and messaging complies with the Telephone Consumer Protection Act (TCPA) and FCC regulations governing AI voice communications.

Section 8. Legal Bases for Processing

• Contract performance — Processing necessary to fulfill our service agreements with Clients
• Legitimate interests — Operating and improving our platform, security, and fraud prevention
• Legal obligation — Compliance with applicable laws and regulations
• Consent — Where we have obtained your explicit consent (e.g., marketing communications)

Section 9. Data Retention

We retain personal information for as long as necessary to provide our services and fulfill the purposes outlined in this Policy. Consumer data is retained until a Client requests deletion. TCPA consent records are retained for a minimum of four (4) years as required by law.

Section 10. Data Security

We implement industry-standard security measures to protect your personal information, including:

• Encryption in transit (TLS) and at rest (AES-256)
• Multi-factor authentication (MFA) for system access
• Role-based access controls
• Regular employee security training
• Third-party vendor security assessments
• Incident response and breach notification procedures

No method of electronic transmission or storage is 100% secure. We cannot guarantee absolute security but commit to notifying affected parties in accordance with applicable law in the event of a breach.

Section 11. Your Privacy Rights

11.1 Rights Available to You

Depending on your state of residence, you may have some or all of the following rights. These rights apply to residents of California, Virginia, Colorado, Connecticut, Texas, Utah, and other states with applicable privacy laws.

11.2 How to Submit a Request

To exercise any of the above rights, contact us through any of the following:

• Email: privacy@aktify.com
• Web: aktify.com/contact
• Mail: 1285 N Canyon Creek Parkway #330, Spanish Fork, UT 84660

We will respond to verified requests within 45 days. If we need additional time, we will notify you of the extension.

11.3 Authorized Agents

You may designate an authorized agent to submit requests on your behalf. We may require written proof of authorization and verification of your identity.

11.4 Appeals

If we deny your privacy request, you may appeal by emailing privacy@aktify.com with the subject line “Privacy Request Appeal.”

Section 12. Opt-Out of Marketing Communications

• Email: Click the “Unsubscribe” link in any marketing email, or email privacy@aktify.com.
• SMS: Reply STOP to any Aktify SMS message.
• Voice: Contact us at privacy@aktify.com to opt out of voice outreach.

Section 13. TCPA and CAN-SPAM Compliance

TCPA

Aktify requires its Clients to obtain prior express written consent before using our platform to contact any Consumer via automated SMS or voice outreach, as required by the Telephone Consumer Protection Act (TCPA).

CAN-SPAM

All commercial email communications sent through or on behalf of Aktify include a valid physical mailing address, clear sender identification, and a working unsubscribe mechanism honored within 10 business days.

FCC

Our AI voice communications comply with FCC regulations governing the use of artificial intelligence in telephone outreach, including required disclosures and opt-out mechanisms.

Section 14. State-Specific Disclosures

14.1 California (CCPA/CPRA)

California residents have rights under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), including the right to know the categories of personal information collected, the sources of that information, the purposes for collection, the third parties with whom it is shared, the right to opt out of the sale or sharing of personal information, and the right to limit the use of sensitive personal information. We do not sell personal information. California residents may also submit a “Shine the Light” request for information about third-party direct marketing disclosures by contacting us at privacy@aktify.com.

14.2 Other States

Residents of Virginia, Colorado, Connecticut, Texas, Montana, Oregon, and other states with applicable privacy laws may exercise the rights described in Section 11 in accordance with those states’ respective statutes.

Section 15. Links to Third-Party Sites

Our Site may contain links to third-party websites or services. We are not responsible for the privacy practices of those third parties. We encourage you to review the privacy policies of any website you visit through a link from our Site.

Section 16. Changes to This Privacy Policy

We may update this Privacy Policy from time to time. Any changes will be reflected by an updated “Last Updated” date at the top of this page. For material changes, we may also provide notice by email to Clients. Your continued use of our services after changes are posted constitutes acceptance of the updated Policy.

Section 17. Contact Us

If you have questions about this Privacy Policy or our data practices, contact us: