“GDPR” means the General Data Protection Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.
“EEA” includes all member states of the European Union and the European Economic Area.
“Process” in respect of personal data includes to collect, store, and disclose to others.
1. Categories of personal data we collect
We collect personal data that (1) you give us voluntarily by filling in an application to use the Service, as well as (2) information that is collected automatically.
1.1 Personal data provided by you
You provide your personal data when filing in the application to use the Service on our website. The categories of data we ask you to provide are:
a) contact information , such as full name, company name, e-mail, and job title;
b) type of project for which you are going to use the Service; and
c) feedback and correspondence, such as information you provide when you report a problem with the Service, receive customer support, or otherwise correspond with us.
1.2 Data collected automatically
When you visit a website, you disclose certain information, such as your IP address and the time of your visit. This site, like many other sites, records this basic information about visits to our site. In particular, we collect the following data:
a) data about how you found us. We collect data about your referring app or URL (the app or place on the Web where you were when you tapped on our ad).
b) device and location data. We collect data from your device. Examples of such data include: language settings, IP address, time zone, type and model of a device, device settings, operating system, Internet service provider, mobile carrier, hardware ID, and Facebook ID.
c) usage data. We record how you interact with the Service and our software. For example, we log your taps on certain areas of the interface, the features, and the content you interact with. We also record the ads on our website with which you interact (and the Internet links to which those adds lead). We also analyze your actions when using the software (e.g., we can track your clicks on UI elements).
d) transaction information. We record details about purchases you make through the Service, in particular, the frequency and amounts of payments.
e) cookies. We may collect information using “cookies.”
Cookies are small data files stored on the hard drive of your computer or mobile device by a website. We may use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your computer or mobile device until you delete them) to provide you with a more personal and interactive experience on our site.
We use three broad categories of cookies: (1) first-party cookies, served directly by us to your computer or mobile device, which we use to recognize your computer or mobile device when it revisits our website; (2) third-party cookies, which are served by service providers on our website, and can be used by such service providers to recognize your computer or mobile device when it visits other websites; and (3) necessary cookies, which are necessary for our website operations to work properly, required to navigate and use key functions throughout the website and cannot be switched off in our systems, such as [reCAPTCHA (GRECAPTCHA)] for the purpose of providing its risk analysis.
The abovementioned categories of data are collectively referred to as “Personal Data”.
2. Sensitive Personal Data
We do not collect any special categories of personal data as defined by Article 9 of the GDPR or other sensitive personal data (e.g., social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background or trade union membership).
We ask that you not send us, and you not disclose, any sensitive personal data through the Service or otherwise to us.
3. Purposes for which we process your Personal Data
The Personal Data we collect is used for the following purposes:
3.1 to provide you with the Service
We process your Personal Data so that you can use the Service without any technical issues and have the best experience.
3.2 to provide you with the customer support
We process your Personal Data to promptly address all your concerns regarding the use of the Service, provide additional information about Subscriptions, etc.
3.3 to communicate with you regarding your use of the Service
3.4 to customize your content
We process your Personal Data to adjust the content of the Service and provide content tailored specifically to your needs.
3.5 for the marketing purposes
We process your personal data for our marketing campaigns. We may add your email address to our marketing list, provided we receive consent or otherwise establish the legal basis for sending you marketing communications. As a result, you will receive information about our Service, such as, special offers. If you do not want to receive marketing emails from us, you can unsubscribe by following the instructions in the footer of the marketing emails or by contacting us at email@example.com.
3.6 to process your payments
We provide paid products and/or services within the Service. For this purpose, we use third-party services for payment processing (for example, payment processors). As a result of this processing, you will be able to make a payment for our Service, and we will be notified that the payment has been made. We will not store or collect your payment card details ourselves. This information will be provided directly to our third-party payment processors.
3.7 to enforce Terms of Service
We use personal data to enforce our agreements and contractual commitments.
3.8 to research and analyze your use of Service
We process your Personal Data to understand our business better, analyze our operations, maintain, improve, innovate, plan, design, and develop the Service. We also use data for statistical analysis purposes to test and improve our offers.
To analyze how visitors use the Service, we use Google Analytics, a web analysis program of Google.
3.9 to comply with legal obligations
We may process, use, or share your data due to legal requirements, particularly if a law enforcement agency requests your data by available lawful means.
4. Legal bases for collecting your Personal Data (applies only to EEA-based users)
We process your personal data, in particular, under the following legal bases:
a) your consent. We rely on this legal basis to send you marketing communications.
b) for our legitimate interests. We rely on legitimate interests:
- To communicate with you regarding your use of our Service.
- To research and analyze your use of the Service. Our legitimate interest for this purpose is our interest in improving our Service so that we understand users’ preferences and can provide you with a better experience (for example, to make the use of the software more accessible and more enjoyable or to introduce and test new features).
- To send you marketing communications. The legitimate interest we rely on for this processing is our interest in promoting our Service in a measured and appropriate way.
- To personalize our ads. The legitimate interest we rely on for this processing is our interest to promote our Service in a reasonably targeted way.
- To enforce our Terms of Service and to prevent and combat fraud. Our legitimate interests for this purpose are enforcing our legal rights, preventing and addressing fraud and unauthorized use of the Service, non-compliance with our Terms of Service.
c) to perform our contract with you. Under this legal basis we:
5. Who has access to Personal Data
Access to your Personal Data may be provided to third parties who provide technical support for the operation of our website. We share information with third parties that help us operate, provide, improve, and customize our Service.
5.1 service providers
We share personal data with third parties that we retain to provide services or perform business functions on our behalf based on our instructions. We share your personal information with the following types of service providers:
a) cloud storage providers (Google Drive);
b) data analytics providers (Salesforce);
c) payment processing providers (PayPal, Stripe);
d) email services providers (GMail, Sendinblue);
e) survey and forms services providers (Typeform, WordPress); and
f) distribution providers (Unity Asset Store, Unreal Store)
5.2 law enforcement agencies and other public authorities
We may use and disclose personal data to enforce our Terms of Service, to protect our rights, privacy, safety, or property, and/or that of our affiliates, you, or others, and to respond to requests from courts, law enforcement agencies, regulatory agencies, and other public and government authorities, or in other cases provided for by law.
5.3 third parties as part of a merger or acquisition
We may buy or sell assets or business offerings as we develop our business. Customers’ information is generally one of the transferred business assets in these transactions. We may also share such information with any affiliated entity (e.g., parent company or subsidiary) and may transfer such information in the course of a corporate transaction, such as the sale of our business, a divestiture, merger, consolidation, or asset sale, or the unlikely event of bankruptcy.
5.4 professional advisors
We may disclose your personal information to professional advisors and our contractors, such as lawyers, bankers, auditors, and insurers, where necessary in the course of the professional services that they render to us.
6. How you can exercise your Personal Data rights
You have the following rights regarding your Personal Data:
6.1 Accessing / reviewing / updating / correcting your personal data. You have the right to review, edit, or change the personal data that you had previously provided to us in the profile section. Please send us a data access request if you would like to receive a copy of the data we process.
6.2 Delete. You may also ask us to delete your Personal Data, and we will honor your request to the extent possible. In some instances, we may be legally required to keep your Personal Data.
6.3 Restrict. You may ask to stop or limit the processing of all or part of your Personal Data.
Additional information for EEA-based users. If you are based in the EEA, you have the following rights in addition to the above:
- The right to submit a complaint to the supervisory authority. We encourage you to contact us directly so that we can address all your concerns. Nevertheless, you have the right to submit a complaint to a competent data protection supervisory authority, in particular in the EU Member State where you reside, work, or where the alleged infringement has occurred.
- The right to data portability. If you wish to receive your personal data in a machine-readable format, you can request a copy of your personal data as described above.
6.4 Opt–out. You may ask us to stop sending you direct marketing communications. We may continue to send emails that relate to the Service provision and are not marketing-related.
6.5 Object. Object to our reliance on our legitimate interests as the basis of processing your Personal Data.
You can exercise the above-mentioned right and submit your requests by emailing us at the address indicated in clause 12. We may request specific information to help us confirm your identity and process your request. Applicable law may require or permit us to decline your request. If we decline your request, we will tell you why subject to legal restrictions.
7. International data transfers
9. Data retention
10. Data controller
Zibra AI Inc., a Delaware corporation with a registered office at 16192 Coastal Highway, Lewes, Delaware, 19958, USA, will be the controller of your personal data.
11. Contact details