Privacy | Tems.ai

This Privacy Policy specifies what information we collect from you, and what we do with that information once collected. We may update this Privacy Policy and its effective date to reflect changes to our data governance practices. If we propose to make any material change, we will notify you by means of a notice on this page prior to the change becoming effective. We encourage you to review this page periodically for the latest information on our privacy practices.

Effective as of 01.09.2026 TemsSoft B.V. a private limited company incorporated under the laws of the Netherlands, VAT number NL867296859B01, trading as "TemsAI ("TemsAI", "we", "us" or "our"), has updated its Privacy Policy (the "Policy").

1. INTRODUCTION

This Policy details our commitment to protecting the privacy of individuals:

- who visit our Websites (as defined below) ("Website Visitors");

- who are authorised to use our Services through a Subscriber's Account ("Users"); or

- who attend or register to attend events which we organise or co-organise ("Attendees").

1.a Definitions

For the purposes of this Policy, the following terms are defined as follows.

"Websites" refers collectively to www.tems.ai and to the other websites which TemsAI operates and which link to this Policy.

"Services" refers to the TemsAI platform and mobile applications for frontline operations, knowledge management, digital work instructions, onboarding, training and workflow support, together with the tools and services made available from the Websites.

"Subscriber" or "Licensee" refers to an organisation which has accepted the Terms of Service for use of the Services, including an individual representing that organisation.

"Account" means all TemsAI accounts or environments created by or on behalf of a Subscriber within the Services.

"User" refers to an individual associated with an Account, including employees, contractors, associates and any other person to whom the Subscriber grants access.

"Customer Content" means all data, documents, images, video, audio and other material uploaded to, captured within, submitted to, or generated from material supplied to the Services by or on behalf of a Subscriber or any User.

"Personal data" means any information relating to an identified or identifiable natural person. An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or by reference to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

"Processing" means any operation or set of operations performed upon personal data, whether or not by automated means, such as collecting, recording, organising, structuring, storing, adapting or altering, retrieving, consulting, using, disclosing by transmission, disseminating or otherwise making available, aligning or combining, restricting, erasing or destroying.

"Controller" means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data.

"Processor" means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the Controller.

"Recipient" means a natural or legal person, public authority, agency or other body to which personal data is disclosed, whether a third party or not.

2. SCOPE OF THIS POLICY

2.1 This Policy applies to TemsAI. We respect your privacy rights and value your trust. This Policy describes how we collect, receive, use, store, share, transfer and process your personal data, and your rights in determining what we do with the information we collect or hold about you.

2.2 Our roles. Our obligations depend upon the capacity in which we act, and the distinction is fundamental to this Policy.

(a) Within the Services, we act exclusively as a Processor. Where an organisation subscribes to the Services, that organisation is the Controller of all Customer Content and of all personal data held within its Account. The Subscriber determines what material is submitted to the Services, which persons are granted access to it, the purposes for which it is used, and the periods for which it is retained. We determine none of these matters. Such processing is carried out solely upon the Subscriber's documented instructions and is governed by our Data Processing Agreement at www.tems.ai/dpa, which forms an integral part of our Terms of Service at www.tems.ai/terms. This constitutes the substantial majority of all personal data passing through TemsAI.

(b) We act as a Controller only in respect of our own business administration, namely the limited processing necessary to conduct our own affairs: enquiries submitted to us, Subscriber and supplier records, Account administration and billing, Attendee registrations, and basic statistics concerning our Websites. Such processing is deliberately restricted to the minimum necessary.

2.3 Subscribers as Controllers. Subscribers are solely responsible for establishing policies for, and ensuring compliance with, all applicable laws and regulations, and any privacy policies, agreements or other obligations relating to the collection of personal data in connection with the use of the Services by the individuals with whom they interact, including the obtaining of all consents, notices, authorisations and works council or employee representative approvals required before any person is granted access to the Services or before any personal data relating to that person is submitted to the Services.

2.4 Requests by individuals whose data is held by a Subscriber. If you are an individual whose personal data is held within a Subscriber's Account — for example because your employer uses the Services — that Subscriber, and not TemsAI, is the Controller of that personal data, and all requests must be addressed to that Subscriber. We will not respond substantively to any such request. We will acknowledge its receipt, direct you to the relevant Subscriber, notify that Subscriber of the request, and provide it with reasonable assistance in responding, in each case in accordance with the Data Processing Agreement.

2.5 Usage Data. Personal data does not include Usage Data, which we define as encoded, pseudonymised or aggregated information which we collect concerning a group or category of services, features or users. Usage Data assists us in understanding trends in the use of the Services so that we may improve them. Usage Data is irreversibly aggregated or anonymised so that neither any individual nor any Subscriber is identifiable. We do not disclose Usage Data in any form which would enable a recipient to identify any individual or any Subscriber, and we do not disclose it for advertising purposes.

2.6 Third-party websites. Our Websites may contain links to other websites. The information practices and content of such websites are governed by their own privacy statements, and we encourage you to review them.

2.7 Contractual terms. If you have subscribed to the Services, additional terms relating to data rights are set out in and governed by our Terms of Service, or such other agreement between you and TemsAI relating to your access to and use of the Services (the "Service Agreement"), together with the Data Processing Agreement forming part of it.

3. INFORMATION THAT YOU PROVIDE TO US

3.1 Account and registration information. If you are a Subscriber, we ask for and collect personal data such as name, business address, telephone number, electronic mail address, company name and billing particulars. Payment card processing is carried out by a third-party payment provider; payment card details are at no time received or stored by us.

3.2 If you are a User within a Subscriber's Account, we ask for and collect personal data such as name, electronic mail address and user identifier. This data is processed on behalf of the Subscriber in our capacity as Processor.

3.3 We refer to the information described above as "Account Information". By providing us with Account Information, you represent that you are the owner of that personal data or are otherwise authorised to provide it. Where a Subscriber provides us with Account Information relating to a User, the Subscriber represents that all notices required in respect of that User have been given and that the User has not objected to such processing.

3.4 Submissions by Website Visitors. We ask for and collect personal data such as your name, company, telephone number and electronic mail address when you submit a form on our Websites or use interactive features of the Websites, including requesting a demonstration, participating in surveys, providing feedback, requesting support, or otherwise communicating with us.

3.5 Attendee information. We ask for and collect personal data such as your name, company, role and electronic mail address when you register for or attend an event as an Attendee.

4. INFORMATION THAT WE COLLECT FROM YOU ON OUR WEBSITES

4.1 Cookies and other technologies. We use cookies and similar technologies on our Websites for a limited set of purposes: to operate the Websites, to secure them, and — where you have given consent — to understand how they are used. Cookies and analytics technologies operate upon our Websites only. They form no part of the Services, do not operate within any Subscriber's Account, and process no Customer Content.

4.2 Advertising. We do not operate interest-based or cross-context behavioural advertising, do not permit third parties to collect data on our Websites for the purpose of serving targeted advertisements, and do not sell or share personal data for advertising purposes.

4.3 Consent and control. Analytics cookies are set only where you have given consent by means of the cookie notice presented upon your first visit. Consent may be withdrawn at any time by means of the cookie settings facility in the footer of our Websites. If you do not wish to accept cookies, you may configure your browser to prevent them from being stored; certain features of the Websites may then not function.

4.4 Logs. As is the case with most websites and internet services, we gather certain information and store it in log files when you interact with our Websites and Services. This includes internet protocol addresses, browser type, referring and exit page addresses, operating system, date and time stamps, locale and language preferences, device identifiers and system configuration information. Where we connect such information to personal data in order to secure or improve the Websites and Services, we treat the combined information in accordance with this Policy.

4.5 Analytics. We collect analytics information concerning use of the Websites in order to improve them, and product analytics within the Services in order to understand feature usage and diagnose errors. Product analytics within the Services is carried out on behalf of the Subscriber and is governed by the Data Processing Agreement. Our analytics providers are identified at www.tems.ai/subprocessors.

5. HOW WE USE INFORMATION THAT WE COLLECT

5.1 We use the information we collect about you, including personal data to the extent applicable, in order to:

(a) provide, operate, maintain, secure and improve the Services;

(b) enable you to access and use the Services;

(d) send transactional messages, including responses to comments, questions and requests, provide customer service and support, and send technical notices, updates, security alerts and administrative messages;

(e) send promotional communications to business contacts, including information concerning products, features, surveys, newsletters, offers and events, subject to Clause 10;

(f) register and administer attendance at events;

(g) monitor and analyse trends, usage and activity in connection with the Websites and Services;

(h) investigate and prevent fraudulent transactions, unauthorised access to the Services and other unlawful activity;

(i) comply with our legal obligations, including those relating to the protection of personal data.

5.2 We do not use personal data to make automated decisions producing legal effects concerning any individual or similarly significantly affecting any individual within the meaning of Article 22 of Regulation (EU) 2016/679, and we do not construct profiles of individuals.

6. LEGAL GROUNDS

We process personal data for the purposes described in this Policy upon the following legal grounds. In respect of processing carried out within a Subscriber's Account, the determination of the applicable legal ground is a matter for that Subscriber as Controller.

(i) Legitimate interests. We process personal data for our legitimate interests and those of third parties, namely: providing, operating, maintaining, securing and improving the Services; enabling access to and use of the Services; responding to enquiries initiated by the individual concerned; promoting the Services to business contacts; monitoring and analysing trends and usage; and investigating and preventing fraud, unauthorised access and unlawful activity. Where we rely upon legitimate interests, we have carried out an assessment balancing those interests against the rights and freedoms of the individual, a summary of which is available upon request.

(ii) Performance of a contract. We process personal data in order to provide a service requested under the Service Agreement or other contract between you and us, including enabling access to and use of the Services, processing transactions, and providing customer service and support.

(iii) Compliance with legal obligations. We process personal data where we are subject to a legal obligation to do so, including in response to legal process or an enforceable request of a public authority, and for accounting and taxation purposes.

(iv) Consent. We may request your agreement to process personal data for specific purposes, and you may withdraw that consent at any time without affecting the lawfulness of processing carried out prior to withdrawal. We rely upon consent in respect of analytics cookies and in respect of the publication of a testimonial identifying you. To withdraw consent, contact welcome@tems.ai.

7. CUSTOMER CONTENT WITHIN THE SERVICES

This Clause describes the treatment of material submitted by Subscribers. It is subject in all respects to the Data Processing Agreement at www.tems.ai/dpa.

7.1 Determination of content by the Subscriber. The functionality of the Services does not require that the faces or voices of individuals appear in submitted material. The determination of what material is captured, by whom and in what form rests exclusively with the Subscriber, which is responsible for providing all notices and obtaining all consents, authorisations and works council or employee representative approvals required prior to the recording of any individual, and prior to granting any person access to the Services or to Customer Content.

7.2 Voice. In the default configuration of the Services, no voice of any individual is stored, displayed or played back. Audio contained in submitted material is processed transiently for the sole purpose of automated transcription, and the content delivered to Users consists of captions, textual guidance and visual instruction.

7.3 Optional features. Certain subscription plans permit the Subscriber to enable machine-generated voice-over, employing a synthesised voice which at no time reproduces or synthesises the voice of any individual; the retention and display of original audio; and the automated blurring of faces. The selection of a plan and the activation of any feature within it is the decision of the Subscriber alone. We do not select, recommend or determine the configuration appropriate to a Subscriber's legal, operational or jurisdictional circumstances. Where a Subscriber elects to retain original audio, or elects not to enable automated blurring, that Subscriber alone determines the purposes and means of the processing and bears sole responsibility for its lawfulness.

7.4 Biometric data. In every configuration of the Services, we do not create, derive, store or use biometric templates, faceprints, voiceprints or other biometric identifiers, and we do not perform facial recognition, facial identification, voice identification or voice authentication. We do not process biometric data for the purpose of uniquely identifying a natural person within the meaning of Article 9 of Regulation (EU) 2016/679, and we do not collect, capture, store or use biometric identifiers or biometric information within the meaning of applicable biometric privacy legislation, including the Illinois Biometric Information Privacy Act.

7.5 Artificial intelligence. We do not use Customer Content, or any personal data contained within it, to train, fine-tune or otherwise improve any generally available machine learning model, whether operated by us or by any third party. Where the Services employ models operated by third parties, we contract upon enterprise terms prohibiting the use of inputs and outputs for the training of models, and configure zero or minimal retention where the provider offers such a facility. The providers so engaged are identified at www.tems.ai/subprocessors.

7.6 Generated content. Content generated by the Services is produced from sources supplied or selected by the Subscriber. The Subscriber is responsible for reviewing, validating and approving generated content prior to operational use, and in particular prior to any use bearing upon health, safety, quality or regulatory compliance. We give no warranty as to the accuracy, completeness or fitness for purpose of generated content.

7.7 No monitoring of individuals. Our Terms of Service prohibit the use of the Services to take or support decisions concerning recruitment, promotion or termination of employment, to allocate tasks by reference to personal characteristics, to monitor or evaluate the performance or conduct of individuals, or for emotion recognition.

8. SHARING OF INFORMATION COLLECTED

8.1 Service providers and sub-processors. We share personal data with third-party providers which we engage to provide hosting, storage, backup, artificial intelligence model inference, error monitoring, product analytics, payment processing and similar services. Each such provider is assessed prior to engagement under our supplier management process forming part of our information security management system certified to ISO/IEC 27001, and is bound by written contract to data protection obligations substantially equivalent to our own. We do not permit any such provider to use personal data disclosed to it for its own marketing purposes or for any purpose other than the provision of services to us. A current list of the sub-processors engaged in the provision of the Services, together with the purpose of each engagement and the location of processing, is published at www.tems.ai/subprocessors, where a facility to receive notification of changes is also provided.

8.2 Compliance with law; protection of rights. We may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements, and may disclose personal data in response to subpoenas, court orders or legal process, or in order to establish or exercise our legal rights or defend against legal claims. Where we receive a legally binding request concerning personal data processed on behalf of a Subscriber, we shall, unless legally prohibited from doing so, notify that Subscriber without undue delay, seek to direct the authority to that Subscriber, challenge the request where there are reasonable grounds to consider it unlawful, and disclose no more than the minimum lawfully required.

8.3 Testimonials. We may publish testimonials on our Websites which contain personal data. We obtain your consent before publishing your name together with your testimonial. To update or remove a testimonial, contact welcome@tems.ai.

8.4 Business transfers. We may share personal data with a successor entity in the event of a merger, acquisition or reorganisation, subject to the continued application of this Policy.

8.5 With your consent. We may share personal data with third parties where you have consented to that disclosure.

8.6 We do not sell personal data and we do not share personal data for purposes of cross-context behavioural advertising.

9. INTERNATIONAL TRANSFER OF INFORMATION COLLECTED

9.1 The Services are hosted within the European Economic Area.

9.2 Certain sub-processors process personal data outside the European Economic Area, at present in respect of transcription, certain model inference and payment processing carried out in the United States. Where personal data is transferred from the European Economic Area, the United Kingdom or Switzerland to a country not benefiting from an adequacy decision, we rely upon the standard contractual clauses adopted by the European Commission by Implementing Decision (EU) 2021/914 as an appropriate safeguard, as modified by the United Kingdom International Data Transfer Addendum and by the adaptations required under Swiss law, as applicable.

9.3 Each such transfer is supported by a documented transfer impact assessment, a copy of which is available upon request to welcome@tems.ai. The location of processing of each sub-processor is stated at www.tems.ai/subprocessors.

9.4 TemsAI is established in the Netherlands and does not participate in the EU-U.S. Data Privacy Framework. Transfers of personal data to the United States are made exclusively upon the basis described in Clause 9.2.

10. CHOICE AND COMMUNICATION PREFERENCES

We offer those who provide contact information a means of choosing how that information is used. You may withdraw from receiving marketing and non-transactional communications at any time by means of the unsubscribe facility contained in each such communication, or by request to welcome@tems.ai. Transactional and administrative messages relating to your Account cannot be declined while the Account remains open, as they are necessary for the provision of the Services.

11. ACCESSING, EXPORTING AND REMOVING YOUR INFORMATION, AND OTHER RIGHTS

11.1 Upon request, we will confirm whether we hold or otherwise process personal data concerning you, and will provide access to it. Requests should be addressed to welcome@tems.ai and will be handled within one month of receipt, which period may be extended in accordance with Article 12(3) of Regulation (EU) 2016/679 where necessary by reason of the complexity or number of requests.

11.2 Subject to the conditions laid down in applicable law, you have the right to obtain access to your personal data; to obtain rectification of inaccurate personal data; to obtain erasure; to obtain restriction of processing; to object to processing; to data portability, including the right to receive personal data in a structured, commonly used and machine-readable format and to transmit it to another controller; and, where processing is based upon consent, to withdraw that consent.

11.3 An individual who seeks access to, or seeks to correct, amend or delete, personal data stored or processed by us on behalf of a Subscriber should direct that request to the Subscriber, which is the Controller. Upon receipt of a request from a Subscriber to remove such data, we will respond within thirty (30) days. We retain personal data processed on behalf of a Subscriber for so long as is necessary to provide the Services to that Subscriber, and thereafter as necessary to comply with our legal obligations, resolve disputes and enforce our agreements.

11.4 Subscribers may update Account Information by editing their profile or organisation record within the Services, or by contacting support@tems.ai.

11.5 Where you have provided personal data in connection with your use of our Websites or Services, we will delete it upon request, save that such information may be retained for so long as an Account is maintained, as necessary to provide the Services, in particular in respect of Accounts with multiple Users, and as necessary to comply with legal obligations, resolve disputes and enforce our agreements.

11.6 If you consider that our processing of your personal data infringes applicable data protection law, you have the right to lodge a complaint with a supervisory authority, and in particular with the Netherlands supervisory authority, the Autoriteit Persoonsgegevens (www.autoriteitpersoonsgegevens.nl), or with the supervisory authority of your habitual residence or place of work. We would welcome the opportunity to address your concern before you do so.

11.7 For individuals in the European Economic Area, TemsSoft B.V. is the Controller in respect of the personal data described in Clause 2.2(b). Enquiries concerning the exercise of rights should be addressed to welcome@tems.ai.

12. RETENTION

12.1 Enquiry and Attendee records: up to twenty-four (24) months following the last contact, unless earlier erasure is requested.

12.2 Subscriber and supplier records: for the duration of the relationship and ninety (90) days thereafter.

12.3 Customer Content within a Subscriber's Account: for the period configured by that Subscriber, and in any event erased within ninety (90) days of termination or expiry of the Service Agreement unless the Subscriber requests its return.

12.4 Backups: cleared in accordance with our rolling backup cycle, during which period the data is isolated from further processing.

12.5 Support records: twenty-four (24) months following closure of the matter.

12.6 Invoices and accounting records: seven (7) years, as required by Netherlands taxation law.

12.7 Website statistics: up to fourteen (14) months.

13. SECURITY

13.1 The security of your personal data is important to us. We operate an information security management system certified to ISO/IEC 27001.

13.2 The measures we maintain include encryption of data in transit and at rest; role-based access control upon the principle of least privilege; single sign-on and multi-factor authentication in respect of administrative access; logical separation of Subscriber environments; centralised audit logging; annual penetration testing conducted by an independent third party; and a documented incident response plan.

13.3 Where a personal data breach affects personal data processed on behalf of a Subscriber, we notify that Subscriber without undue delay and in any event within seventy-two (72) hours of becoming aware of the breach.

13.4 No method of transmission or storage is entirely secure. In determining what is appropriate we take into account the risks involved and the nature of the information. Questions concerning security may be addressed to welcome@tems.ai.

14. CHILDREN'S PERSONAL DATA

We do not knowingly collect personal data from children under the age of sixteen (16). The Services are business applications and are not directed at children. If you are under the age of sixteen, please do not submit personal data through our Websites or Services. If you have reason to believe that a child under the age of sixteen has provided personal data to us, contact welcome@tems.ai and we will take reasonable steps to erase it.

15. BUSINESS TRANSACTIONS

We may assign or transfer this Policy, together with your Account and related information and data, including personal data, to any person or entity which acquires all or substantially all of our business, shares or assets, or with which we merge, subject to the continued application of this Policy.

16. CHANGES TO THIS POLICY

Where there are material changes to this Policy, you will be notified by our posting of a prominent notice on the Websites prior to the change becoming effective, and account administrators will be notified by electronic mail. We encourage you to review this page periodically. Your continued use of the Websites or the Services constitutes your agreement to be bound by such changes. If you do not accept the terms of this Policy, your remedy is to discontinue use of the Websites and the Services.

17. UNITED STATES PRIVACY RIGHTS

17.1 Roles. Where the privacy legislation of a State of the United States applies, we act as a service provider or processor in respect of all personal information processed within the Services, and as a business or controller solely in respect of the business administration described in Clause 2.2(b).

17.2 Commitments. We do not sell or share personal information; we do not use personal information for cross-context behavioural advertising; we do not retain, use or disclose personal information for any purpose other than the business purposes specified in our contract with the relevant Subscriber, or otherwise outside the direct business relationship with that Subscriber; and we do not combine personal information received from a Subscriber with personal information obtained from any other source, save as a service provider is permitted to do.

17.3 Rights. Subject to the law of the relevant State, you may have the right to know what personal information is held, to obtain its deletion or correction, to opt out of its sale or sharing, and not to be subjected to discrimination for exercising such rights. Requests should be addressed to welcome@tems.ai. Where the personal information concerned is held within a Subscriber's Account, we will refer the request to that Subscriber.

17.4 California "Shine the Light". California Civil Code Section 1798.83 permits residents of California to request a list of the personal information, if any, which we have disclosed to third parties for those parties' own direct marketing purposes in the preceding calendar year. We do not disclose personal information for such purposes. Requests may be made once per year, free of charge, to welcome@tems.ai with the statement "California Privacy Rights Notice" in the body of the request.

17.5 Do Not Track. California Business and Professions Code Section 22575(b) requires operators of websites to disclose how they respond to "Do Not Track" browser settings. We do not track visitors across third-party websites and do not operate interest-based advertising. As no uniform technological standard for Do Not Track signals has been established, we do not currently respond to such signals; we continue to review developments and may adopt a standard once one is established.

18. CONTACT US

Questions concerning this Policy or the privacy practices of TemsAI should be addressed to welcome@tems.ai