Introduction
At Delphi AI, we take your privacy seriously. Please read this Privacy Policy to learn how we treat your personal data. By using or accessing our Services in any manner, you acknowledge that you accept the practices and policies outlined below, and you hereby consent that we will collect, use and disclose your information as described in this Privacy Policy.
Remember that your use of Delphi AI's Services is at all times subject to our (https://www.delphi.ai/terms), or our (https://www.delphi.ai/terms-creator) (when you use Delphi as a Creator), each of which incorporate this Privacy Policy. Any terms we use in this Policy without defining them have the definitions given to them in the Terms of Use or the Creator Terms and Conditions. You may print a copy of this Privacy Policy by clicking here.
As we continually work to improve our Services, we may need to change this Privacy Policy from time to time. We will alert you of material changes by placing a notice on the Delphi AI website, by sending you an email and/or by some other means. Please note that if youâve opted not to receive legal notice emails from us (or you havenât provided us with your email address), those legal notices will still govern your use of the Services, and you are still responsible for reading and understanding them. If you use the Services after any changes to the Privacy Policy have been posted, that means you agree to all of the changes.
For individuals in Washington State in the United States, please refer to the Delphi AI Consumer Health Data Privacy Policy for additional information about the processing of your Personal Data and your rights under the Washington My Health My Data Act.
Remember that your use of Delphi AI's Services is at all times subject to our (https://www.delphi.ai/terms), or our (https://www.delphi.ai/terms-creator) (when you use Delphi as a Creator), each of which incorporate this Privacy Policy. Any terms we use in this Policy without defining them have the definitions given to them in the Terms of Use or the Creator Terms and Conditions. You may print a copy of this Privacy Policy by clicking here.
As we continually work to improve our Services, we may need to change this Privacy Policy from time to time. We will alert you of material changes by placing a notice on the Delphi AI website, by sending you an email and/or by some other means. Please note that if youâve opted not to receive legal notice emails from us (or you havenât provided us with your email address), those legal notices will still govern your use of the Services, and you are still responsible for reading and understanding them. If you use the Services after any changes to the Privacy Policy have been posted, that means you agree to all of the changes.
For individuals in Washington State in the United States, please refer to the Delphi AI Consumer Health Data Privacy Policy for additional information about the processing of your Personal Data and your rights under the Washington My Health My Data Act.
What this Privacy Policy Covers
This Privacy Policy covers how we treat Personal Data that we gather when you access or use our Services. âPersonal Dataâ means any information that identifies or relates to a particular individual and also includes information referred to as âpersonally identifiable informationâ or âpersonal informationâ or âsensitive personal informationâ under applicable data privacy laws, rules or regulations. This Privacy Policy does not cover the practices of companies we donât own or control or people we donât manage.
Personal Data
Categories of Personal Data We Collect
The below details the categories of Personal Data we collect and have collected over the past 12 months, the Business or Commercial Purpose(s) for Collection, and the Categories of Third Parties With Whom We Disclose this Personal Data:
Profile or Contact Data such as first and last name, email, username, and phone number.
• Providing, Customizing and Improving the Services
• Marketing the Services
• Corresponding with You
Disclosed to: Service Providers, Creators, Parties You Authorize, Access or Authenticate
Identifiers such as driverâs license number and state identification card (only if you are a Creator).
• Providing, Customizing and Improving the Services
Disclosed to: Service Providers
Payment Data such as payment card type, last 4 digits of payment card, billing address, billing phone number and billing email.
• Providing, Customizing and Improving the Services
Disclosed to: Service Providers (specifically our payment processing partner, currently Stripe, Inc.)
Device/IP Data such as IP address, device ID, domain server and type of device/operating system/browser used to access the Services.
• Providing, Customizing and Improving the Services
• Marketing the Services
Disclosed to: Service Providers
Web Analytics such as web page interactions and referring webpage/source through which you accessed the Services.
• Providing, Customizing and Improving the Services
• Marketing the Services
Disclosed to: Service Providers
Social Network Data such as email and phone number.
• Providing, Customizing and Improving the Services
• Marketing the Services
• Corresponding with You
Disclosed to: Service Providers, Parties You Authorize, Access or Authenticate
Geolocation Data such as IP-address-based location information.
• Providing, Customizing and Improving the Services
• Marketing the Services
Disclosed to: Service Providers
Biometric Data such as faceprints and voiceprints (only of Creators).
• Providing, Customizing and Improving the Services
Disclosed to: Service Providers
Sensory Data such as photos, videos, or recordings of you and/or your environment.
• Providing, Customizing and Improving the Services
• Corresponding with You
Disclosed to: Service Providers, Creators
Categories of Data Considered âSensitiveâ Under the State Privacy Laws such as personal identification numbers, including driverâs license, passport, or state ID card numbers.
• Providing, Customizing and Improving the Services
• Authenticate Your Identity
Disclosed to: Service Providers
We do not collect Sensitive Data for the purpose of inferring characteristics about you.
Other Identifying Information that You Voluntarily Provide in communications with Creatorâs Digital Mind, which could include health data (e.g., medical conditions, mental health information) and other information about yourself.
• Providing, Customizing and Improving the Services
• Corresponding with You
Disclosed to: Service Providers, Creators, Parties You Authorize, Access or Authenticate
Our Commercial Or Business Purposes for Collecting Personal Data
Providing, Customizing and Improving the Services
• Creating and managing your account or other user profiles.
• Processing orders or other transactions; billing.
• Providing you with the products, services or information you request.
• Meeting or fulfilling the reason you provided the information to us.
• Providing support and assistance for the Services.
• Improving the Services, including testing, research, internal analytics and product development.
• Personalizing the Services, website content and communications based on your preferences.
• Doing fraud protection, security and debugging.
• Carrying out other business purposes stated when collecting your Personal Data or as otherwise set forth in applicable data privacy laws, such as the California Consumer Privacy Act, as amended by the California Privacy Rights Act of 2020 (the âCCPAâ), the Colorado Privacy Act (the âCPAâ), the Connecticut Data Privacy Act (the âCTDPAâ), the Montana Consumer Data Privacy Act (âMCDPAâ), the Oregon Consumer Privacy Act (âOCPAâ), the Texas Data Privacy and Security Act (âTDPSAâ), the Utah Consumer Privacy Act (the âUCPAâ), or the Virginia Consumer Data Protection Act (the âVCDPAâ) (collectively, the âState Privacy Lawsâ).
Marketing the Services
• Marketing and selling the Services.
• Showing you advertisements, including interest-based, online behavioral or targeted advertising.
Corresponding with You
• Responding to correspondence that we receive from you, contacting you when necessary or requested, and sending you information about Delphi AI or the Services.
• Sending emails and other communications according to your preferences.
Other Permitted Purposes for Processing Personal Data
In addition, each of the above referenced categories of Personal Data may be collected, used, and disclosed with the government, including law enforcement, or other parties to meet certain legal requirements and enforcing legal terms including: fulfilling our legal obligations under applicable law, regulation, court order or other legal process, such as preventing, detecting and investigating security incidents and potentially illegal or prohibited activities; protecting the rights, property or safety of you, Delphi AI or another party; enforcing any agreements with you; responding to claims that any posting or other content violates third-party rights; and resolving disputes.
We will not collect additional categories of Personal Data or use the Personal Data we collected for materially different, unrelated or incompatible purposes without providing you notice or obtaining your consent.
Categories of Sources of Personal Data
We collect Personal Data about you from the following categories of sources:
You or Your Representative
• When you or your representative (e.g., a talent agency if you are a Creator) provide such information directly to us.
– When you or your representative create an account or use our interactive tools and Services.
– When you voluntarily provide information in free-form text boxes through the Services or through responses to surveys or questionnaires.
– When you send us an email or otherwise contact us.
• When you use the Services and such information is collected automatically.
– Through Cookies (defined in the âTracking Tools, Advertising and Opt-Outâ section below).
– If you use a location-enabled browser, we may receive information about your location and mobile device, as applicable.
– If you download and install certain applications and software we make available, we may receive and collect information transmitted from your computing device for the purpose of providing you the relevant Services, such as information regarding when you are logged on and available to receive updates or alert notices.
Social Media and Similar Platforms
• When you or your representative provide your social media profiles or posts directly or through website links to us.
Creators
• When creators refer you to our Services we may receive your email address.
Third Parties
• Vendors
– We may use analytics providers to analyze how you interact and engage with the Services, or third parties may help us provide you with customer support.
The below details the categories of Personal Data we collect and have collected over the past 12 months, the Business or Commercial Purpose(s) for Collection, and the Categories of Third Parties With Whom We Disclose this Personal Data:
Profile or Contact Data such as first and last name, email, username, and phone number.
• Providing, Customizing and Improving the Services
• Marketing the Services
• Corresponding with You
Disclosed to: Service Providers, Creators, Parties You Authorize, Access or Authenticate
Identifiers such as driverâs license number and state identification card (only if you are a Creator).
• Providing, Customizing and Improving the Services
Disclosed to: Service Providers
Payment Data such as payment card type, last 4 digits of payment card, billing address, billing phone number and billing email.
• Providing, Customizing and Improving the Services
Disclosed to: Service Providers (specifically our payment processing partner, currently Stripe, Inc.)
Device/IP Data such as IP address, device ID, domain server and type of device/operating system/browser used to access the Services.
• Providing, Customizing and Improving the Services
• Marketing the Services
Disclosed to: Service Providers
Web Analytics such as web page interactions and referring webpage/source through which you accessed the Services.
• Providing, Customizing and Improving the Services
• Marketing the Services
Disclosed to: Service Providers
Social Network Data such as email and phone number.
• Providing, Customizing and Improving the Services
• Marketing the Services
• Corresponding with You
Disclosed to: Service Providers, Parties You Authorize, Access or Authenticate
Geolocation Data such as IP-address-based location information.
• Providing, Customizing and Improving the Services
• Marketing the Services
Disclosed to: Service Providers
Biometric Data such as faceprints and voiceprints (only of Creators).
• Providing, Customizing and Improving the Services
Disclosed to: Service Providers
Sensory Data such as photos, videos, or recordings of you and/or your environment.
• Providing, Customizing and Improving the Services
• Corresponding with You
Disclosed to: Service Providers, Creators
Categories of Data Considered âSensitiveâ Under the State Privacy Laws such as personal identification numbers, including driverâs license, passport, or state ID card numbers.
• Providing, Customizing and Improving the Services
• Authenticate Your Identity
Disclosed to: Service Providers
We do not collect Sensitive Data for the purpose of inferring characteristics about you.
Other Identifying Information that You Voluntarily Provide in communications with Creatorâs Digital Mind, which could include health data (e.g., medical conditions, mental health information) and other information about yourself.
• Providing, Customizing and Improving the Services
• Corresponding with You
Disclosed to: Service Providers, Creators, Parties You Authorize, Access or Authenticate
Our Commercial Or Business Purposes for Collecting Personal Data
Providing, Customizing and Improving the Services
• Creating and managing your account or other user profiles.
• Processing orders or other transactions; billing.
• Providing you with the products, services or information you request.
• Meeting or fulfilling the reason you provided the information to us.
• Providing support and assistance for the Services.
• Improving the Services, including testing, research, internal analytics and product development.
• Personalizing the Services, website content and communications based on your preferences.
• Doing fraud protection, security and debugging.
• Carrying out other business purposes stated when collecting your Personal Data or as otherwise set forth in applicable data privacy laws, such as the California Consumer Privacy Act, as amended by the California Privacy Rights Act of 2020 (the âCCPAâ), the Colorado Privacy Act (the âCPAâ), the Connecticut Data Privacy Act (the âCTDPAâ), the Montana Consumer Data Privacy Act (âMCDPAâ), the Oregon Consumer Privacy Act (âOCPAâ), the Texas Data Privacy and Security Act (âTDPSAâ), the Utah Consumer Privacy Act (the âUCPAâ), or the Virginia Consumer Data Protection Act (the âVCDPAâ) (collectively, the âState Privacy Lawsâ).
Marketing the Services
• Marketing and selling the Services.
• Showing you advertisements, including interest-based, online behavioral or targeted advertising.
Corresponding with You
• Responding to correspondence that we receive from you, contacting you when necessary or requested, and sending you information about Delphi AI or the Services.
• Sending emails and other communications according to your preferences.
Other Permitted Purposes for Processing Personal Data
In addition, each of the above referenced categories of Personal Data may be collected, used, and disclosed with the government, including law enforcement, or other parties to meet certain legal requirements and enforcing legal terms including: fulfilling our legal obligations under applicable law, regulation, court order or other legal process, such as preventing, detecting and investigating security incidents and potentially illegal or prohibited activities; protecting the rights, property or safety of you, Delphi AI or another party; enforcing any agreements with you; responding to claims that any posting or other content violates third-party rights; and resolving disputes.
We will not collect additional categories of Personal Data or use the Personal Data we collected for materially different, unrelated or incompatible purposes without providing you notice or obtaining your consent.
Categories of Sources of Personal Data
We collect Personal Data about you from the following categories of sources:
You or Your Representative
• When you or your representative (e.g., a talent agency if you are a Creator) provide such information directly to us.
– When you or your representative create an account or use our interactive tools and Services.
– When you voluntarily provide information in free-form text boxes through the Services or through responses to surveys or questionnaires.
– When you send us an email or otherwise contact us.
• When you use the Services and such information is collected automatically.
– Through Cookies (defined in the âTracking Tools, Advertising and Opt-Outâ section below).
– If you use a location-enabled browser, we may receive information about your location and mobile device, as applicable.
– If you download and install certain applications and software we make available, we may receive and collect information transmitted from your computing device for the purpose of providing you the relevant Services, such as information regarding when you are logged on and available to receive updates or alert notices.
Social Media and Similar Platforms
• When you or your representative provide your social media profiles or posts directly or through website links to us.
Creators
• When creators refer you to our Services we may receive your email address.
Third Parties
• Vendors
– We may use analytics providers to analyze how you interact and engage with the Services, or third parties may help us provide you with customer support.
How We Disclose Your Personal Data
We disclose your Personal Data to the categories of service providers and other parties listed in this section. Depending on state laws that may be applicable to you, some of these disclosures may constitute a âsaleâ of your Personal Data. For more information, please refer to the state-specific sections below.
Service Providers. These parties help us provide the Services or perform business functions on our behalf. They include:
• Hosting, technology and communication providers.
• Analytics providers for web traffic or usage of the site.
• Security and fraud prevention consultants.
• Support and customer service vendors.
• Payment processors.
– Our payment processing partner Stripe, Inc. (âStripeâ) collects your voluntarily-provided payment card information necessary to process your payment.
– Please see Stripeâs terms of service and privacy policy for information on its use and storage of your Personal Data.
Advertising Partners. These parties help us market our services and provide you with other offers that may be of interest to you. They include:
• Ad networks.
• Marketing providers.
Creators. Individuals (and their representatives, such as entertainment agencies) who create and operate digital minds on the platform may receive certain information about users of our platform. For example, when you interact with a Creator, they may receive your Profile Data and access to your chat transcript with that Creatorâs Digital Mind or summaries of the chat transcript.
Parties You Authorize, Access or Authenticate.
• Third parties you access through the services. For example, you can choose to share a conversation with a digital mind with someone else, such as your friend.
• Social media services.
Legal Obligations
We may disclose any Personal Data that we collect with third parties in conjunction with any of the activities set forth under âOther Permitted Purposes for Processing Personal Dataâ section above.
Business Transfers
All of your Personal Data that we collect may be transferred to a third party if we undergo a merger, acquisition, bankruptcy or other transaction in which that third party assumes control of our business (in whole or in part).
Data that is Not Personal Data
We may create aggregated, de-identified or anonymized data from the Personal Data we collect, including by removing information that makes the data personally identifiable to a particular user. We may use such aggregated, de-identified or anonymized data and disclose it with third parties for our lawful business purposes, including to analyze, build and improve the Services and promote our business, provided that we will not disclose such data in a manner that could identify you.
Service Providers. These parties help us provide the Services or perform business functions on our behalf. They include:
• Hosting, technology and communication providers.
• Analytics providers for web traffic or usage of the site.
• Security and fraud prevention consultants.
• Support and customer service vendors.
• Payment processors.
– Our payment processing partner Stripe, Inc. (âStripeâ) collects your voluntarily-provided payment card information necessary to process your payment.
– Please see Stripeâs terms of service and privacy policy for information on its use and storage of your Personal Data.
Advertising Partners. These parties help us market our services and provide you with other offers that may be of interest to you. They include:
• Ad networks.
• Marketing providers.
Creators. Individuals (and their representatives, such as entertainment agencies) who create and operate digital minds on the platform may receive certain information about users of our platform. For example, when you interact with a Creator, they may receive your Profile Data and access to your chat transcript with that Creatorâs Digital Mind or summaries of the chat transcript.
Parties You Authorize, Access or Authenticate.
• Third parties you access through the services. For example, you can choose to share a conversation with a digital mind with someone else, such as your friend.
• Social media services.
Legal Obligations
We may disclose any Personal Data that we collect with third parties in conjunction with any of the activities set forth under âOther Permitted Purposes for Processing Personal Dataâ section above.
Business Transfers
All of your Personal Data that we collect may be transferred to a third party if we undergo a merger, acquisition, bankruptcy or other transaction in which that third party assumes control of our business (in whole or in part).
Data that is Not Personal Data
We may create aggregated, de-identified or anonymized data from the Personal Data we collect, including by removing information that makes the data personally identifiable to a particular user. We may use such aggregated, de-identified or anonymized data and disclose it with third parties for our lawful business purposes, including to analyze, build and improve the Services and promote our business, provided that we will not disclose such data in a manner that could identify you.
Biometric Information
The Illinois Biometric Information Privacy Act, 740 ILCS 14/1, et deq. (âBIPAâ) and certain other state biometric privacy laws regulate the collection, storage, use, disclosure, and retention of âbiometric identifiersâ and âbiometric information.â âBiometric identifierâ means a retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry. Biometric identifiers do not include, among other things, photographs or physical descriptions such as height, weight, hair color, or eye color. âBiometric informationâ means any information, regardless of how it is captured, converted, stored, or shared, based on an individualâs biometric identifier used to identify an individual.
Individuals who use the Services (âCreatorsâ) to create a digital version of themselves (a âCreator Digital Mindâ) are asked to provide access to photos, videos and/or audio recordings that depict them (âContentâ). In connection with creating the Creator Digital Mind, we may derive data from the Content that may be considered âbiometric informationâ under privacy laws such as BIPA. Such biometric information may include a scan of facial geometry, voiceprint, and/or other physiological measures intended to capture the likeness of the Creator. Delphi captures and uses this data to create, operate, and make available to end users a realistic Creator Digital Mind on the Services, and to improve Delphiâs models and consequently its Creator Digital Mind.
Disclosure of Biometric Information
Delphi may disclose biometric information to its service providers, including hosting providers and other service providers that process information for Delphi and/or make certain services, features or functionality available to Creators and End Users on its behalf. Delphiâs service providers are contractually restricted with respect to their use and disclosure of information they host and process on behalf of Delphi.
Retention of Biometric Information
Delphi retains Creatorâs biometric information for the duration of its agreement with the Creator, unless a different retention period is required by law. Illinois residentsâ biometric information will be retained until the earlier of (i) the initial purpose for collecting or obtaining such biometric information has been satisfied or (ii) three years following the Creatorâs last interaction with Delphi. Once the retention periods in this section have expired, Biometric Information will be permanently and irretrievably deleted by Delphi.
Individuals who use the Services (âCreatorsâ) to create a digital version of themselves (a âCreator Digital Mindâ) are asked to provide access to photos, videos and/or audio recordings that depict them (âContentâ). In connection with creating the Creator Digital Mind, we may derive data from the Content that may be considered âbiometric informationâ under privacy laws such as BIPA. Such biometric information may include a scan of facial geometry, voiceprint, and/or other physiological measures intended to capture the likeness of the Creator. Delphi captures and uses this data to create, operate, and make available to end users a realistic Creator Digital Mind on the Services, and to improve Delphiâs models and consequently its Creator Digital Mind.
Disclosure of Biometric Information
Delphi may disclose biometric information to its service providers, including hosting providers and other service providers that process information for Delphi and/or make certain services, features or functionality available to Creators and End Users on its behalf. Delphiâs service providers are contractually restricted with respect to their use and disclosure of information they host and process on behalf of Delphi.
Retention of Biometric Information
Delphi retains Creatorâs biometric information for the duration of its agreement with the Creator, unless a different retention period is required by law. Illinois residentsâ biometric information will be retained until the earlier of (i) the initial purpose for collecting or obtaining such biometric information has been satisfied or (ii) three years following the Creatorâs last interaction with Delphi. Once the retention periods in this section have expired, Biometric Information will be permanently and irretrievably deleted by Delphi.
Tracking Tools, Advertising, and Opt-Out
The Services use cookies and similar technologies such as pixel tags, web beacons, clear GIFs and JavaScript (collectively, âCookiesâ) to enable our servers to recognize your web browser, tell us how and when you visit and use our Services, analyze trends, learn about our user base and operate and improve our Services. Cookies are small pieces of dataâ usually text files â placed on your computer, tablet, phone or similar device when you use that device to access our Services. We may also supplement the information we collect from you with information received from third parties, including third parties that have placed their own Cookies on your device(s).
Please note that because of our use of Cookies, the Services do not support âDo Not Trackâ requests sent from a browser at this time.
We use the following types of Cookies:
• Essential Cookies. Essential Cookies are required for providing you with features or services that you have requested. For example, certain Cookies enable you to log into secure areas of our Services. Disabling these Cookies may make certain features and services unavailable.
• Functional Cookies. Functional Cookies are used to record your choices and settings regarding our Services, maintain your preferences over time and recognize you when you return to our Services. These Cookies help us to personalize our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
• Performance/Analytical Cookies. Performance/Analytical Cookies allow us to understand how visitors use our Services. They do this by collecting information about the number of visitors to the Services, what pages visitors view on our Services and how long visitors are viewing pages on the Services. Performance/Analytical Cookies also help us measure the performance of our advertising campaigns in order to help us improve our campaigns and the Servicesâ content for those who engage with our advertising. For example, Google LLC (âGoogleâ) uses cookies in connection with its Google Analytics services. Googleâs ability to use and disclose information collected by Google Analytics about your visits to the Services is subject to the Google Analytics Terms of Use and the Google Privacy Policy. You have the option to opt-out of Googleâs use of Cookies by visiting the Google advertising opt-out page at www.google.com/privacy_ads.html or the Google Analytics Opt-out Browser Add-on at https://tools.google.com/dlpage/gaoptout/.
• Retargeting/Advertising Cookies. Retargeting/Advertising Cookies collect data about your online activity and identify your interests so that we can provide advertising that we believe is relevant to you. For more information about this, please see the section below titled âInformation about Interest-Based Advertisements.â
You can decide whether or not to accept Cookies through your internet browserâs settings. Most browsers have an option for turning off the Cookie feature, which will prevent your browser from accepting new Cookies, as well as (depending on the sophistication of your browser software) allow you to decide on acceptance of each new Cookie in a variety of ways. You can also delete all Cookies that are already on your device. If you do this, however, you may have to manually adjust some preferences every time you visit our website and some of the Services and functionalities may not work.
To explore what Cookie settings are available to you or to modify your preferences with respect to Cookies, you can access your Cookie management settings by clicking [LINK]. To find out more information about Cookies generally, including information about how to manage and delete Cookies, please visit http://www.allaboutcookies.org/ or https://ico.org.uk/for-the-public/online/cookies/ if you are located in the European Union.
Information about Interest-Based Advertisements
We may serve advertisements, and also allow third-party ad networks, including third-party ad servers, ad agencies, ad technology vendors and research firms, to serve advertisements through the Services. These advertisements may be targeted to users who fit certain general profile categories or display certain preferences or behaviors (âInterest-Based Adsâ). Information for Interest-Based Ads (including Personal Data) may be provided to us by you, or derived from the usage patterns of particular users on the Services and/or services of third parties. Such information may be gathered through tracking usersâ activities across time and unaffiliated properties, including when you leave the Services. To accomplish this, we or our service providers may deliver Cookies, including a file (known as a âweb beaconâ) from an ad network to you through the Services. Web beacons allow ad networks to provide anonymized, aggregated auditing, research and reporting for us and for advertisers. Web beacons also enable ad networks to serve targeted advertisements to you when you visit other websites. Web beacons allow ad networks to view, edit or set their own Cookies on your browser, just as if you had requested a web page from their site.
Please note that because of our use of Cookies, the Services do not support âDo Not Trackâ requests sent from a browser at this time.
We use the following types of Cookies:
• Essential Cookies. Essential Cookies are required for providing you with features or services that you have requested. For example, certain Cookies enable you to log into secure areas of our Services. Disabling these Cookies may make certain features and services unavailable.
• Functional Cookies. Functional Cookies are used to record your choices and settings regarding our Services, maintain your preferences over time and recognize you when you return to our Services. These Cookies help us to personalize our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
• Performance/Analytical Cookies. Performance/Analytical Cookies allow us to understand how visitors use our Services. They do this by collecting information about the number of visitors to the Services, what pages visitors view on our Services and how long visitors are viewing pages on the Services. Performance/Analytical Cookies also help us measure the performance of our advertising campaigns in order to help us improve our campaigns and the Servicesâ content for those who engage with our advertising. For example, Google LLC (âGoogleâ) uses cookies in connection with its Google Analytics services. Googleâs ability to use and disclose information collected by Google Analytics about your visits to the Services is subject to the Google Analytics Terms of Use and the Google Privacy Policy. You have the option to opt-out of Googleâs use of Cookies by visiting the Google advertising opt-out page at www.google.com/privacy_ads.html or the Google Analytics Opt-out Browser Add-on at https://tools.google.com/dlpage/gaoptout/.
• Retargeting/Advertising Cookies. Retargeting/Advertising Cookies collect data about your online activity and identify your interests so that we can provide advertising that we believe is relevant to you. For more information about this, please see the section below titled âInformation about Interest-Based Advertisements.â
You can decide whether or not to accept Cookies through your internet browserâs settings. Most browsers have an option for turning off the Cookie feature, which will prevent your browser from accepting new Cookies, as well as (depending on the sophistication of your browser software) allow you to decide on acceptance of each new Cookie in a variety of ways. You can also delete all Cookies that are already on your device. If you do this, however, you may have to manually adjust some preferences every time you visit our website and some of the Services and functionalities may not work.
To explore what Cookie settings are available to you or to modify your preferences with respect to Cookies, you can access your Cookie management settings by clicking [LINK]. To find out more information about Cookies generally, including information about how to manage and delete Cookies, please visit http://www.allaboutcookies.org/ or https://ico.org.uk/for-the-public/online/cookies/ if you are located in the European Union.
Information about Interest-Based Advertisements
We may serve advertisements, and also allow third-party ad networks, including third-party ad servers, ad agencies, ad technology vendors and research firms, to serve advertisements through the Services. These advertisements may be targeted to users who fit certain general profile categories or display certain preferences or behaviors (âInterest-Based Adsâ). Information for Interest-Based Ads (including Personal Data) may be provided to us by you, or derived from the usage patterns of particular users on the Services and/or services of third parties. Such information may be gathered through tracking usersâ activities across time and unaffiliated properties, including when you leave the Services. To accomplish this, we or our service providers may deliver Cookies, including a file (known as a âweb beaconâ) from an ad network to you through the Services. Web beacons allow ad networks to provide anonymized, aggregated auditing, research and reporting for us and for advertisers. Web beacons also enable ad networks to serve targeted advertisements to you when you visit other websites. Web beacons allow ad networks to view, edit or set their own Cookies on your browser, just as if you had requested a web page from their site.
Data Security
We seek to protect your Personal Data from unauthorized access, use and disclosure using appropriate physical, technical, organizational and administrative security measures based on the type of Personal Data and how we are processing that data. You should also help protect your data by appropriately selecting and protecting your password and/or other sign-on mechanism; limiting access to your computer or device and browser; and signing off after you have finished accessing your account. Although we work to protect the security of your account and other data that we hold in our records, please be aware that no method of transmitting data over the internet or storing data is completely secure.
Data Retention
We retain Personal Data about you for as long as necessary to provide you with our Services or to perform our business or commercial purposes for collecting your Personal Data. When establishing a retention period for specific categories of data, we consider who we collected the data from, our need for the Personal Data, why we collected the Personal Data, and the sensitivity of the Personal Data. In some cases we retain Personal Data for longer, if doing so is necessary to comply with our legal obligations, resolve disputes or collect fees owed, or is otherwise permitted or required by applicable law, rule or regulation. We may further retain information in an anonymous or aggregated form where that information would not identify you personally.
For example:
• We retain your profile information and credentials for as long as you have an account with us.
• We retain your payment data for as long as we need to process your purchase or subscription.
• We retain your device/IP data for as long as we need it to ensure that our systems are working appropriately, effectively and efficiently.
For example:
• We retain your profile information and credentials for as long as you have an account with us.
• We retain your payment data for as long as we need to process your purchase or subscription.
• We retain your device/IP data for as long as we need it to ensure that our systems are working appropriately, effectively and efficiently.
Personal Data of Children
As noted in the Terms of Use, we do not knowingly collect or solicit Personal Data from children under 13 (or 16 if you are in EU/UK) years of age; if you are a child under the age of 13 (or 16 if you are in EU/UK), please do not attempt to register for or otherwise use the Services or send us any Personal Data. If we learn we have collected Personal Data from a child under 13 (or 16 if you are in EU/UK) years of age, we will delete that information as quickly as possible. If you believe that a child under 13 (or 16 if you are in EU/UK) years of age may have provided Personal Data to us, please contact us at support@delphi.ai.
U.S. State Privacy Rights
Depending on your state of residence, you may have certain rights afforded to you (as described below) depending on your state of residence. Please see the âExercising Your Rights under U.S. State Privacy Lawsâ section below for instructions regarding how to exercise these rights. Please note that we may process Personal Data of our customersâ end users or employees in connection with our provision of certain services to our customers. If we are processing your Personal Data as a service provider, you should contact the entity that collected your Personal Data in the first instance to address your rights with respect to such data. Please note that your rights may be subject to certain conditions or exceptions in accordance with applicable U.S. State Privacy Laws.
If you have any questions about this section or whether any of the following rights apply to you, please contact us at support@delphi.ai.
• Access: You may have the right to request confirmation of or access to the Personal Information that we process about you. You can also request access to a portable copy of your Personal Information. If you are an Oregon resident, you also have the right to request a list of specific third parties, other than natural persons, to which we have disclosed your Personal Information.
• Deletion: You may have the right to request that we delete the Personal Information that we have collected about you.
• Correction: You may have the right to request that we correct any inaccurate Personal Information we have collected about you.
• Portability: You may have the right to request a copy of your Personal Information in a machine-readable format, to the extent technically feasible.
Personal Data Sales and Shares Opt-Out
We sell and/or share your Personal Data, subject to your right to opt-out as described in this section. For clarity, when we use the term âsell,â we mean for valuable consideration and not for any monetary value.
We do not sell or share your Personal Data in any other way than through the use of Cookies. As described in the âTracking Tools, Advertising and Opt-Outâ section above, we have incorporated Cookies from certain third parties into our Services. These Cookies allow those third parties to receive information about your activity on our Services that is associated with your browser or device. Those third parties may use that data to serve you relevant ads on our Services or on other websites you visit. Under applical privacy laws, disclosing your data through third party Cookies for online advertising may be considered âsellingâ or âsharingâ of information. You can opt out by following the instructions in this section.
Exercising Your Rights under U.S. State Privacy Laws
If you are a resident of a U.S. State that has enacted a privacy law, you may have the right to exercise the rights described above. To exercise your rights, please contact us at support@delphi.ai. We will respond to your request in accordance with applicable law. Please note that we may need to verify your identity before we can respond to your request. We will respond to your request within a reasonable timeframe, and in any event within the time period required by applicable law. We sell or share your Personal Data to the following categories of third parties:
• Ad Networks
• Marketing Partners
Over the past 12 months, we have sold or shared the following categories of your Personal Data to categories of third parties listed above:
• Profile or Contact Data
• Device/IP Data
• Web Analytics
• Social Network Data
• Geolocation Data
We have sold or shared the foregoing categories of Personal Data for the following business or commercial purposes:
• Improving the Services, including testing, research, internal analytics and product development.
• Personalizing the Services, website content and communications based on your preferences.
• Doing fraud protection, security and debugging.
• Marketing and selling the Services.
• Showing you advertisements, including interest-based or online behavioral advertising.
You have the right to opt-out of the sale or share of your Personal Data by following the instructions in the âExercising Your Rights under State Privacy Lawsâ section. Once you have submitted an opt-out request, we will not ask you to reauthorize the sale of your Personal Data for at least 12 months.
To our knowledge, we do not sell or share the Personal Data of minors under 13 years of age.
Consent or âOpt-inâ Required and How to Withdraw
In certain instances, we may seek your consent to collect or process certain types of Personal Data.
If you would like to withdraw your consent, please follow the instructions under the âExercising Your Rights under State Privacy Lawsâ section.
Anti-Discrimination
We will not discriminate against you for exercising your rights under applicable privacy laws. We will not deny you our goods or services, charge you different prices or rates, or provide you a lower quality of goods and services if you exercise your rights under applicable privacy laws.
Other State-Specific Privacy Rights
Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to contact us to prevent disclosure of Personal Data to third parties for such third partiesâ direct marketing purposes; in order to submit such a request, please contact us at support@delphi.ai.
Your browser may offer you a âDo Not Trackâ option, which allows you to signal to operators of websites and web applications and services that you do not wish such operators to track certain of your online activities over time and across different websites. Our Services do not support Do Not Track requests at this time. To find out more about âDo Not Track,â you can visit www.allaboutdnt.com.
If you are a resident of Nevada, you have the right to opt-out of the sale of certain Personal Data to third parties. Please note that we do not currently sell your Personal Data as sales are defined in Nevada Revised Statutes Chapter 603A.
If you have any questions about this section or whether any of the following rights apply to you, please contact us at support@delphi.ai.
• Access: You may have the right to request confirmation of or access to the Personal Information that we process about you. You can also request access to a portable copy of your Personal Information. If you are an Oregon resident, you also have the right to request a list of specific third parties, other than natural persons, to which we have disclosed your Personal Information.
• Deletion: You may have the right to request that we delete the Personal Information that we have collected about you.
• Correction: You may have the right to request that we correct any inaccurate Personal Information we have collected about you.
• Portability: You may have the right to request a copy of your Personal Information in a machine-readable format, to the extent technically feasible.
Personal Data Sales and Shares Opt-Out
We sell and/or share your Personal Data, subject to your right to opt-out as described in this section. For clarity, when we use the term âsell,â we mean for valuable consideration and not for any monetary value.
We do not sell or share your Personal Data in any other way than through the use of Cookies. As described in the âTracking Tools, Advertising and Opt-Outâ section above, we have incorporated Cookies from certain third parties into our Services. These Cookies allow those third parties to receive information about your activity on our Services that is associated with your browser or device. Those third parties may use that data to serve you relevant ads on our Services or on other websites you visit. Under applical privacy laws, disclosing your data through third party Cookies for online advertising may be considered âsellingâ or âsharingâ of information. You can opt out by following the instructions in this section.
Exercising Your Rights under U.S. State Privacy Laws
If you are a resident of a U.S. State that has enacted a privacy law, you may have the right to exercise the rights described above. To exercise your rights, please contact us at support@delphi.ai. We will respond to your request in accordance with applicable law. Please note that we may need to verify your identity before we can respond to your request. We will respond to your request within a reasonable timeframe, and in any event within the time period required by applicable law. We sell or share your Personal Data to the following categories of third parties:
• Ad Networks
• Marketing Partners
Over the past 12 months, we have sold or shared the following categories of your Personal Data to categories of third parties listed above:
• Profile or Contact Data
• Device/IP Data
• Web Analytics
• Social Network Data
• Geolocation Data
We have sold or shared the foregoing categories of Personal Data for the following business or commercial purposes:
• Improving the Services, including testing, research, internal analytics and product development.
• Personalizing the Services, website content and communications based on your preferences.
• Doing fraud protection, security and debugging.
• Marketing and selling the Services.
• Showing you advertisements, including interest-based or online behavioral advertising.
You have the right to opt-out of the sale or share of your Personal Data by following the instructions in the âExercising Your Rights under State Privacy Lawsâ section. Once you have submitted an opt-out request, we will not ask you to reauthorize the sale of your Personal Data for at least 12 months.
To our knowledge, we do not sell or share the Personal Data of minors under 13 years of age.
Consent or âOpt-inâ Required and How to Withdraw
In certain instances, we may seek your consent to collect or process certain types of Personal Data.
If you would like to withdraw your consent, please follow the instructions under the âExercising Your Rights under State Privacy Lawsâ section.
Anti-Discrimination
We will not discriminate against you for exercising your rights under applicable privacy laws. We will not deny you our goods or services, charge you different prices or rates, or provide you a lower quality of goods and services if you exercise your rights under applicable privacy laws.
Other State-Specific Privacy Rights
Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to contact us to prevent disclosure of Personal Data to third parties for such third partiesâ direct marketing purposes; in order to submit such a request, please contact us at support@delphi.ai.
Your browser may offer you a âDo Not Trackâ option, which allows you to signal to operators of websites and web applications and services that you do not wish such operators to track certain of your online activities over time and across different websites. Our Services do not support Do Not Track requests at this time. To find out more about âDo Not Track,â you can visit www.allaboutdnt.com.
If you are a resident of Nevada, you have the right to opt-out of the sale of certain Personal Data to third parties. Please note that we do not currently sell your Personal Data as sales are defined in Nevada Revised Statutes Chapter 603A.
Exercising Your Rights under U.S. State Privacy Laws
To exercise the rights described in this Privacy Policy, you or your Authorized Agent (if applicable and as defined below), must send us a request that (1) provides sufficient information to allow us to verify that you are the person about whom we have collected Personal Information (such as your Contact or Profile Data), and (2) describes your request in sufficient detail to allow us to understand, evaluate and respond to it. Each request that meets both of these criteria will be considered a âValid Request.â We may not respond to requests that do not meet these criteria. We will only use Personal Information provided in a Valid Request to verify your identity and complete your request. You do not need an account to submit a Valid Request.
We will work to respond to your Valid Request within the time period required by applicable privacy laws. We will not charge you a fee for making a Valid Request unless your Valid Request(s) is excessive, repetitive or manifestly unfounded. If we determine that your Valid Request warrants a fee, we will notify you of the fee and explain that decision before completing your request.
Request to Opt-Out of Sale, Share and/or Targeted Advertising
You may opt-out from any âsalesâ, âsharesâ or targeted advertising, by using the following methods:
• Email us at support@delphi.ai
• By accessing your cookie consent mechanism by accessing your "Cookie Settings" at the bottom right of our website.
Request to Withdraw Consent to Certain Processing Activities
You may withdraw your consent allowing us: 1) to process your Sensitive Data or 2) to sell, or process your Personal Data for Targeted Advertising after you have exercised your right to opt-out, by using the following methods:
• You can complete the online form found here: Withdraw My Consent.
• Email us at support@delphi.ai
Request to Access, Delete, or Correct
As applicable, you may submit a Valid Request for any other rights afforded to you in this Privacy Policy by using the following methods:
Email us at: support@delphi.ai
Depending on your U.S. state of residence, you may also authorize an agent (an âAuthorized Agentâ) to exercise your rights on your behalf. To do this, you must provide your Authorized Agent with written permission to exercise your rights on your behalf, and we may request a copy of this written permission from your Authorized Agent when they make a request on your behalf.
Appealing a Denial
Depending on your U.S. state of residence, if we refuse to take action on your request within a reasonable period of time after receiving your request in accordance with this section, you may appeal our decision. In such appeal, you must (1) provide sufficient information to allow us to verify that you are the person about whom the original request pertains and to identify the original request, and (2) provide a description of the basis of your appeal. Please note that your appeal will be subject to your rights and obligations afforded to you under the State Privacy Laws (as applicable). We will respond to your appeal within the time period required under the applicable law. You can submit a Verified Request to appeal by emailing us at: support@delphi.ai.Washington Consumer Health Data Privacy Policy
We will work to respond to your Valid Request within the time period required by applicable privacy laws. We will not charge you a fee for making a Valid Request unless your Valid Request(s) is excessive, repetitive or manifestly unfounded. If we determine that your Valid Request warrants a fee, we will notify you of the fee and explain that decision before completing your request.
Request to Opt-Out of Sale, Share and/or Targeted Advertising
You may opt-out from any âsalesâ, âsharesâ or targeted advertising, by using the following methods:
• Email us at support@delphi.ai
• By accessing your cookie consent mechanism by accessing your "Cookie Settings" at the bottom right of our website.
Request to Withdraw Consent to Certain Processing Activities
You may withdraw your consent allowing us: 1) to process your Sensitive Data or 2) to sell, or process your Personal Data for Targeted Advertising after you have exercised your right to opt-out, by using the following methods:
• You can complete the online form found here: Withdraw My Consent.
• Email us at support@delphi.ai
Request to Access, Delete, or Correct
As applicable, you may submit a Valid Request for any other rights afforded to you in this Privacy Policy by using the following methods:
Email us at: support@delphi.ai
Depending on your U.S. state of residence, you may also authorize an agent (an âAuthorized Agentâ) to exercise your rights on your behalf. To do this, you must provide your Authorized Agent with written permission to exercise your rights on your behalf, and we may request a copy of this written permission from your Authorized Agent when they make a request on your behalf.
Appealing a Denial
Depending on your U.S. state of residence, if we refuse to take action on your request within a reasonable period of time after receiving your request in accordance with this section, you may appeal our decision. In such appeal, you must (1) provide sufficient information to allow us to verify that you are the person about whom the original request pertains and to identify the original request, and (2) provide a description of the basis of your appeal. Please note that your appeal will be subject to your rights and obligations afforded to you under the State Privacy Laws (as applicable). We will respond to your appeal within the time period required under the applicable law. You can submit a Verified Request to appeal by emailing us at: support@delphi.ai.Washington Consumer Health Data Privacy Policy
Washington Consumer Health Data Privacy Policy
Collection of Consumer Health Data
âConsumer Health Dataâ means personal information that is linked or reasonably linkable to a consumer and that identifies the consumer's past, present, or future physical or mental health status. Consumer Health Data does not include information that is publicly available, de-identified, or aggregated.
Categories of Consumer Health Data We Collect
The Consumer Health Data we collect may include biometric information, as described in the Biometric Information section. Note that we only collect Consumer Health Data (i.e. biometric information) pertaining to Creators in order to create and operate their Creator Digital Mind. We may collect this data if you choose to include this information in communications with a Creator Digital Mind on the Services.
Categories of Sources of Consumer Health Data
As described in the Categories of Sources of Personal Data, we may collect Consumer Health Data directly from you (or your representative) when you use our products and services.
Our Purposes for Collecting and Using Consumer Health Data
We collect, use, disclose, or otherwise process your Consumer Health Data (specifically, biometric information) as reasonably necessary for various purposes as described in the Biometric Information and Other Permitted Purposes for Processing Persona Data sections but primarily to provide you with products and services as you have requested or authorized.
How We Disclose Your Consumer Health Data
We disclose Consumer Health Data to our service providers, including hosting providers and other service providers that process information for Delphi and/or make certain services, features or functionality available to Creators and End Users on our behalf. Our service providers are contractually restricted with respect to their use and disclosure of information they host and process on behalf of us. If you choose to provide Consumer Health Data in conversations with a Creator Digital Mind, note that the Creator may receive access to this information.
Washington Consumer Health Data Rights
If you are a Washington resident or we have collected your Consumer Health Data in Washington, you have rights set forth in this section subject to certain exceptions.
• Access: You have the right to request confirmation of or access to the Consumer Health Data that we process about you, including a list of all third parties and affiliates with whom we have disclosed or sold your Consumer Health Data and their contact information.
• Deletion: You have the right to request that we delete the Consumer Health Data that we have collected about you.
• Withdraw Consent: You have the right to withdraw consent from us collecting and disclosing your Consumer Health Data.
• Appeal: If we refuse to take action on your request within a reasonable period of time after receiving your request in accordance, you may appeal our decision. If we deny your appeal, you have the right to contact the Washington Attorney General at www.atg.wa.gov/file-complaint. To exercise your rights, you must send us a request that (1) provides sufficient information to allow us to verify that you are the person about whom we have collected Personal Data (if you are an account-holder, we may ask you to log-in to your account), and (2) describes your request in sufficient detail to allow us to understand, evaluate and respond to it. Each request that meets both of these criteria will be considered a âValid Request.â We may not respond to requests that do not meet these criteria.
You may submit a Valid Request by emailing us at support@delphi.ai.
If you have any questions about this section or whether any of the following rights apply to you, please contact us at support@delphi.ai. We will not discriminate against you for exercising your rights under applicable law.
âConsumer Health Dataâ means personal information that is linked or reasonably linkable to a consumer and that identifies the consumer's past, present, or future physical or mental health status. Consumer Health Data does not include information that is publicly available, de-identified, or aggregated.
Categories of Consumer Health Data We Collect
The Consumer Health Data we collect may include biometric information, as described in the Biometric Information section. Note that we only collect Consumer Health Data (i.e. biometric information) pertaining to Creators in order to create and operate their Creator Digital Mind. We may collect this data if you choose to include this information in communications with a Creator Digital Mind on the Services.
Categories of Sources of Consumer Health Data
As described in the Categories of Sources of Personal Data, we may collect Consumer Health Data directly from you (or your representative) when you use our products and services.
Our Purposes for Collecting and Using Consumer Health Data
We collect, use, disclose, or otherwise process your Consumer Health Data (specifically, biometric information) as reasonably necessary for various purposes as described in the Biometric Information and Other Permitted Purposes for Processing Persona Data sections but primarily to provide you with products and services as you have requested or authorized.
How We Disclose Your Consumer Health Data
We disclose Consumer Health Data to our service providers, including hosting providers and other service providers that process information for Delphi and/or make certain services, features or functionality available to Creators and End Users on our behalf. Our service providers are contractually restricted with respect to their use and disclosure of information they host and process on behalf of us. If you choose to provide Consumer Health Data in conversations with a Creator Digital Mind, note that the Creator may receive access to this information.
Washington Consumer Health Data Rights
If you are a Washington resident or we have collected your Consumer Health Data in Washington, you have rights set forth in this section subject to certain exceptions.
• Access: You have the right to request confirmation of or access to the Consumer Health Data that we process about you, including a list of all third parties and affiliates with whom we have disclosed or sold your Consumer Health Data and their contact information.
• Deletion: You have the right to request that we delete the Consumer Health Data that we have collected about you.
• Withdraw Consent: You have the right to withdraw consent from us collecting and disclosing your Consumer Health Data.
• Appeal: If we refuse to take action on your request within a reasonable period of time after receiving your request in accordance, you may appeal our decision. If we deny your appeal, you have the right to contact the Washington Attorney General at www.atg.wa.gov/file-complaint. To exercise your rights, you must send us a request that (1) provides sufficient information to allow us to verify that you are the person about whom we have collected Personal Data (if you are an account-holder, we may ask you to log-in to your account), and (2) describes your request in sufficient detail to allow us to understand, evaluate and respond to it. Each request that meets both of these criteria will be considered a âValid Request.â We may not respond to requests that do not meet these criteria.
You may submit a Valid Request by emailing us at support@delphi.ai.
If you have any questions about this section or whether any of the following rights apply to you, please contact us at support@delphi.ai. We will not discriminate against you for exercising your rights under applicable law.
European Union and United Kingdom Data Subject Rights
EU and UK Residents
If you are a resident of the European Union (âEUâ), United Kingdom (âUKâ), Lichtenstein, Norway or Iceland, you may have additional rights under the EU or UK General Data Protection Regulation (the âGDPRâ) with respect to your Personal Data, as outlined below.
For this section, we use the terms âPersonal Dataâ and âprocessingâ as they are defined in the GDPR, but âPersonal Dataâ generally means information that can be used to individually identify a person, and âprocessingâ generally covers actions that can be performed in connection with data such as collection, use, storage and disclosure. Delphi AI will be the controller of your Personal Data processed in connection with the Services.
If there are any conflicts between this section and any other provision of this Privacy Policy, the policy or portion that is more protective of Personal Data shall control to the extent of such conflict. If you have any questions about this section or whether any of the following applies to you, please contact us at support@delphi.ai. Note that we may also process Personal Data of our customersâ end users or employees in connection with our provision of certain services to customers, in which case we are the processor of Personal Data. If we are the processor of your Personal Data (i.e., not the controller), please contact the controller party in the first instance to address your rights with respect to such data.
Personal Data We Collect
The âCategories of Personal Data We Collectâ section above details the Personal Data that we collect from you.
Personal Data Use and Processing Grounds
The âOur Commercial or Business Purposes for Collecting Personal Dataâ section above explains how we use your Personal Data.
We will only process your Personal Data if we have a lawful basis for doing so. Lawful bases for processing include consent, contractual necessity and our âlegitimate interestsâ or the legitimate interest of others, as further described below.
• Contractual Necessity: We process the following categories of Personal Data as a matter of âcontractual necessityâ, meaning that we need to process the data to perform under our Terms of Use with you, which enables us to provide you with the Services. When we process data due to contractual necessity, failure to provide such Personal Data will result in your inability to use some or all portions of the Services that require such data.
– Profile or Contact Data
– Identifiers
– Payment Data
– Commercial Data
– Social Network Data
– Consumer Demographic Data
– Biometric Data
– Sensory Data
– Other Identifying Information or Content that You Voluntarily Choose to Provide
• Legitimate Interest: We process the following categories of Personal Data when we believe it furthers the legitimate interest of us or third parties:
– Profile or Contact Data
– Identifiers
– Payment Data
– Commercial Data
– Device/IP Data
– Web Analytics
– Geolocation Data
– Other Identifying Information or Content that You Voluntarily Choose to Provide
– We may also de-identify or anonymize Personal Data to further our legitimate interests.
• Examples of these legitimate interests include (as described in more detail above):
– Providing, customizing and improving the Services.
– Marketing the Services.
– Corresponding with you.
– Meeting legal requirements and enforcing legal terms.
– Completing corporate transactions.
• Consent: In some cases, we process Personal Data based on the consent you expressly grant to us at the time we collect such data. When we process Personal Data based on your consent, it will be expressly indicated to you at the point and time of collection.
• Other Processing Grounds: From time to time we may also need to process Personal Data to comply with a legal obligation, if it is necessary to protect the vital interests of you or other data subjects, or if it is necessary for a task carried out in the public interest.
Disclosing Personal Data
The âHow We Disclose Your Personal Dataâ section above details how we disclose your Personal Data with third parties.
EU, UK, and Swiss Data Subject Rights
You have certain rights with respect to your Personal Data, including those set forth below. For more information about these rights, or to submit a request, please email us at support@delphi.ai. Please note that in some circumstances, we may not be able to fully comply with your request, such as if it is frivolous or extremely impractical, if it jeopardizes the rights of others, or if it is not required by law, but in those circumstances, we will still respond to notify you of such a decision. In some cases, we may also need you to provide us with additional information, which may include Personal Data, if necessary to verify your identity and the nature of your request.
• Access: You can request more information about the Personal Data we hold about you and request a copy of such Personal Data. You can also access certain of your Personal Data by logging on to your account.
• Rectification: If you believe that any Personal Data we are holding about you is incorrect or incomplete, you can request that we correct or supplement such data. You can also correct some of this information directly by logging on to your account.
• Erasure: You can request that we erase some or all of your Personal Data from our systems.
• Withdrawal of Consent: If we are processing your Personal Data based on your consent (as indicated at the time of collection of such data), you have the right to withdraw your consent at any time. Please note, however, that if you exercise this right, you may have to then provide express consent on a case-by-case basis for the use or disclosure of certain of your Personal Data, if such use or disclosure is necessary to enable you to utilize some or all of our Services.
• Portability: You can ask for a copy of your Personal Data in a machine-readable format. You can also request that we transmit the data to another controller where technically feasible.
• Objection: You can contact us to let us know that you object to the further use or disclosure of your Personal Data for certain purposes, such as for direct marketing purposes.
• Restriction of Processing: You can ask us to restrict further processing of your Personal Data.
• Right to File Complaint: You have the right to lodge a complaint about Delphi AI's practices with respect to your Personal Data with the supervisory authority of your country or EU Member State. A list of Supervisory Authorities is available here: https://edpb.europa.eu/about-edpb/board/members_en.
Transfers of Personal Data
The Services are hosted and operated in the United States (âU.S.â) through Delphi AI and its service providers, and if you do not reside in the U.S., laws in the U.S. may differ from the laws where you reside. By using the Services, you acknowledge that any Personal Data about you, regardless of whether provided by you or obtained from a third party, is being provided to Delphi AI in the U.S. and will be hosted on U.S. servers, and you authorize Delphi AI to transfer, store and process your information to and in the U.S., and possibly other countries. In some circumstances, your Personal Data may be transferred to the U.S. pursuant to a data processing agreement incorporating standard data protection clauses.
If you are a resident of the European Union (âEUâ), United Kingdom (âUKâ), Lichtenstein, Norway or Iceland, you may have additional rights under the EU or UK General Data Protection Regulation (the âGDPRâ) with respect to your Personal Data, as outlined below.
For this section, we use the terms âPersonal Dataâ and âprocessingâ as they are defined in the GDPR, but âPersonal Dataâ generally means information that can be used to individually identify a person, and âprocessingâ generally covers actions that can be performed in connection with data such as collection, use, storage and disclosure. Delphi AI will be the controller of your Personal Data processed in connection with the Services.
If there are any conflicts between this section and any other provision of this Privacy Policy, the policy or portion that is more protective of Personal Data shall control to the extent of such conflict. If you have any questions about this section or whether any of the following applies to you, please contact us at support@delphi.ai. Note that we may also process Personal Data of our customersâ end users or employees in connection with our provision of certain services to customers, in which case we are the processor of Personal Data. If we are the processor of your Personal Data (i.e., not the controller), please contact the controller party in the first instance to address your rights with respect to such data.
Personal Data We Collect
The âCategories of Personal Data We Collectâ section above details the Personal Data that we collect from you.
Personal Data Use and Processing Grounds
The âOur Commercial or Business Purposes for Collecting Personal Dataâ section above explains how we use your Personal Data.
We will only process your Personal Data if we have a lawful basis for doing so. Lawful bases for processing include consent, contractual necessity and our âlegitimate interestsâ or the legitimate interest of others, as further described below.
• Contractual Necessity: We process the following categories of Personal Data as a matter of âcontractual necessityâ, meaning that we need to process the data to perform under our Terms of Use with you, which enables us to provide you with the Services. When we process data due to contractual necessity, failure to provide such Personal Data will result in your inability to use some or all portions of the Services that require such data.
– Profile or Contact Data
– Identifiers
– Payment Data
– Commercial Data
– Social Network Data
– Consumer Demographic Data
– Biometric Data
– Sensory Data
– Other Identifying Information or Content that You Voluntarily Choose to Provide
• Legitimate Interest: We process the following categories of Personal Data when we believe it furthers the legitimate interest of us or third parties:
– Profile or Contact Data
– Identifiers
– Payment Data
– Commercial Data
– Device/IP Data
– Web Analytics
– Geolocation Data
– Other Identifying Information or Content that You Voluntarily Choose to Provide
– We may also de-identify or anonymize Personal Data to further our legitimate interests.
• Examples of these legitimate interests include (as described in more detail above):
– Providing, customizing and improving the Services.
– Marketing the Services.
– Corresponding with you.
– Meeting legal requirements and enforcing legal terms.
– Completing corporate transactions.
• Consent: In some cases, we process Personal Data based on the consent you expressly grant to us at the time we collect such data. When we process Personal Data based on your consent, it will be expressly indicated to you at the point and time of collection.
• Other Processing Grounds: From time to time we may also need to process Personal Data to comply with a legal obligation, if it is necessary to protect the vital interests of you or other data subjects, or if it is necessary for a task carried out in the public interest.
Disclosing Personal Data
The âHow We Disclose Your Personal Dataâ section above details how we disclose your Personal Data with third parties.
EU, UK, and Swiss Data Subject Rights
You have certain rights with respect to your Personal Data, including those set forth below. For more information about these rights, or to submit a request, please email us at support@delphi.ai. Please note that in some circumstances, we may not be able to fully comply with your request, such as if it is frivolous or extremely impractical, if it jeopardizes the rights of others, or if it is not required by law, but in those circumstances, we will still respond to notify you of such a decision. In some cases, we may also need you to provide us with additional information, which may include Personal Data, if necessary to verify your identity and the nature of your request.
• Access: You can request more information about the Personal Data we hold about you and request a copy of such Personal Data. You can also access certain of your Personal Data by logging on to your account.
• Rectification: If you believe that any Personal Data we are holding about you is incorrect or incomplete, you can request that we correct or supplement such data. You can also correct some of this information directly by logging on to your account.
• Erasure: You can request that we erase some or all of your Personal Data from our systems.
• Withdrawal of Consent: If we are processing your Personal Data based on your consent (as indicated at the time of collection of such data), you have the right to withdraw your consent at any time. Please note, however, that if you exercise this right, you may have to then provide express consent on a case-by-case basis for the use or disclosure of certain of your Personal Data, if such use or disclosure is necessary to enable you to utilize some or all of our Services.
• Portability: You can ask for a copy of your Personal Data in a machine-readable format. You can also request that we transmit the data to another controller where technically feasible.
• Objection: You can contact us to let us know that you object to the further use or disclosure of your Personal Data for certain purposes, such as for direct marketing purposes.
• Restriction of Processing: You can ask us to restrict further processing of your Personal Data.
• Right to File Complaint: You have the right to lodge a complaint about Delphi AI's practices with respect to your Personal Data with the supervisory authority of your country or EU Member State. A list of Supervisory Authorities is available here: https://edpb.europa.eu/about-edpb/board/members_en.
Transfers of Personal Data
The Services are hosted and operated in the United States (âU.S.â) through Delphi AI and its service providers, and if you do not reside in the U.S., laws in the U.S. may differ from the laws where you reside. By using the Services, you acknowledge that any Personal Data about you, regardless of whether provided by you or obtained from a third party, is being provided to Delphi AI in the U.S. and will be hosted on U.S. servers, and you authorize Delphi AI to transfer, store and process your information to and in the U.S., and possibly other countries. In some circumstances, your Personal Data may be transferred to the U.S. pursuant to a data processing agreement incorporating standard data protection clauses.
Contact Information
If you have any questions or comments about this Privacy Policy, the ways in which we collect and use your Personal Data or your choices and rights regarding such collection and use, please do not hesitate to contact us at:
• https://www.delphi.ai
• support@delphi.ai
• 850 Montgomery St, Suite 350, San Francisco, California 94133
Individuals and the data protection supervisory authorities in the EU/EEA and individuals and the data protection supervisory authority (âICOâ) in the UK may also contact our data protection representatives according to Article 27 GDPR/GDPR UK:
• EU: DP-Dock GmbH, Attn: Delphi AI, Inc., Ballindamm 39, 20095 Hamburg, Germany
• UK: DP Data Protection Services UK Ltd., Attn: Delphi AI, Inc., 16 Great Queen Street, Covent Garden, London, WC2B 5AH, United Kingdom
• www.dp-dock.com
• delphiai@gdpr-rep.com
Data Protection Officer (DPO):
• DP Dock DPO Services GmbH, GrĂŒffkamp 10, 24159 Kiel, Germany
• delphi.ai@dp-officer.com
• https://www.delphi.ai
• support@delphi.ai
• 850 Montgomery St, Suite 350, San Francisco, California 94133
Individuals and the data protection supervisory authorities in the EU/EEA and individuals and the data protection supervisory authority (âICOâ) in the UK may also contact our data protection representatives according to Article 27 GDPR/GDPR UK:
• EU: DP-Dock GmbH, Attn: Delphi AI, Inc., Ballindamm 39, 20095 Hamburg, Germany
• UK: DP Data Protection Services UK Ltd., Attn: Delphi AI, Inc., 16 Great Queen Street, Covent Garden, London, WC2B 5AH, United Kingdom
• www.dp-dock.com
• delphiai@gdpr-rep.com
Data Protection Officer (DPO):
• DP Dock DPO Services GmbH, GrĂŒffkamp 10, 24159 Kiel, Germany
• delphi.ai@dp-officer.com