Privacy Policy

Information We Collect

We may collect a variety of personal information from or about you or your devices from various sources, as described below. Where applicable, we indicate whether and why you must provide us with your personal information, as well as the consequences of failing to do so. If you do not provide your personal information when requested, you may not be able to use the full extent of the Services if that personal information is necessary to provide you with the Services or if we are legally required to collect it.

A. Information You Provide to Us

Registration. When you sign up for an account or otherwise register to use our Services, we may collect information such as your first and last name, mailing or business address, phone number, company name, job title or role, email address, username, password or other authentication information, account identifiers, and other profile or account information. We may also receive account or user information from your employer, organization, account administrator, identity provider, or other person that creates or manages access on your behalf.

Contact Forms. If you complete one of our contact forms, request information, register for a demonstration or event, download content, or otherwise submit a form to us, we may collect personal information such as your name, business or contact information, company, job title or role, interests, preferences, and the contents of your request or message.

Communications. If you contact or interact with us directly, including by email, telephone, video conference, support request, survey, event, webinar, demonstration, social media, or other means, we may receive information such as your name, contact information, employer or organization, the contents of a message or attachments you send, feedback, survey responses, and any other information you choose to provide. Where permitted by applicable law, we may record or otherwise capture information from calls, meetings, demonstrations, webinars, or events, and may collect photographs, audio, video, transcripts, or similar information. When we send you emails or other electronic communications, we may use embedded pixels, web beacons, or other technologies to track information about delivery and your receipt and interaction with our communications, such as whether and when you open them, whether you access links, how long you interact with them, whether they are forwarded, and related device, location, attribution, and conversion information.

Business, Sales, Events, and Other Interactions. We may collect information when you interact with us as a customer, prospective customer, partner, vendor, event attendee, webinar participant, survey participant, community member, or in another business capacity. This may include business contact and professional information, employer or organization, title or role, industry, interests, preferences, meeting or event information, badge-scan or registration information, feedback, survey responses, content downloads, and other information relating to the interaction.

Careers. If you decide to apply for a job with us, we may collect contact information and other information you choose to provide in a resume, application, cover letter, interview, or other recruiting interaction, such as your education, employment history, professional qualifications, references, and other background information. We may also receive information about you from recruiters, references, professional networks such as LinkedIn, publicly available sources, and other third parties involved in the recruiting process.

Payment Information. If you make a purchase via our Services, our third-party payment processors may collect payment-related information, such as payment card or other financial information. We and our payment processors may also collect or receive billing information, transaction amounts and dates, purchase history, payment status, and other information relating to your transactions.

B. Automatically Collected Information

Location Information. When you use our Services, we may receive or infer location information, such as your general geographic region based on your IP address.

Device Information. We receive information about the device, browser, application, network, and software you use to access our Services, including IP address, web browser type and configuration, operating system and version, device manufacturer and model, application version, language preferences, unique device or advertising identifiers, and other device, network, or connection information.

Usage Information. We may automatically receive information about your interactions with our Services, such as the pages, content, models, features, and functionality you view or use; referring and exit pages or URLs; searches; links, buttons, or other elements you click; navigation paths; session duration; dates and times of visits and requests; account and service activity; model or feature selections; request, token, or other usage quantities; configuration information; error codes; latency and performance information; logs; diagnostics; security events; rate-limit events; and similar technical, operational, and usage information.

Usage Information may include information derived from the operation of the Services, such as model selection, request or token quantities, latency, utilization, performance, error, diagnostic, security, and feature-usage information, but does not include the contents or substance of Service Content.

Prompts and Outputs. Our Services allow you to submit text, audio, images, video, documents, code, datasets, and other materials to the Services (“Prompts”), which may generate responses based on your Prompts (“Outputs”). We receive and process information you choose to provide in your Prompts, and information contained in Prompts may be reproduced in Outputs. Prompts and Outputs constitute Service Content as described above.

Depending on how you use the Services and the information you choose to provide, Prompts, Outputs, communications, and other content may include personal information about you or third parties, including information that may be considered sensitive under applicable law. We process such information in accordance with this Privacy Policy where we act as a controller and, where we act as a processor or service provider on behalf of a customer, in accordance with the applicable agreement with that customer. The limitations described above concerning training, fine-tuning, secondary use, and retention of Service Content apply whether or not the person submitting Service Content has created an account or is acting on behalf of a customer.

Sensitive Personal Information. We do not generally require you to provide sensitive personal information unless it is necessary for a particular feature, transaction, interaction, or purpose. Depending on how you use the Services or the information you choose to provide, however, we may receive information that is considered sensitive personal information under applicable law, including information contained in Prompts, Outputs, communications, account or authentication information, or other content you submit. We process sensitive personal information as permitted by applicable law, this Privacy Policy, any applicable agreement, and any additional notice provided at or before collection.

Information from Cookies and Similar Technologies. We and our service providers, analytics providers, advertising partners, social media platforms, and other third parties may collect information about your activities on our Services and our communications using cookies, pixels, web beacons, clear GIFs, tags, scripts, software development kits (“SDKs”), local storage, device identifiers, and other similar technologies (collectively, “Cookies”). Cookies may collect information such as device and browser information, IP address and approximate location, referring and exit pages or URLs, content or pages viewed, searches, clicks and other interactions, session activity, dates and times of access, advertising identifiers, and information about your interactions with our advertisements and communications. Our third-party partners may also use Cookies to collect information about your online activities over time and across different websites, applications, services, and devices. We and third parties may use these technologies to operate and improve the Services, remember preferences, conduct analytics, prevent fraud and abuse, personalize content, market or advertise products and services, create or match audiences, provide interest-based or targeted advertising, and measure the effectiveness and attribution of communications and advertising.

To learn more about how we use Cookies, please review our Cookie Policy. You can manage certain cookie preferences through your browser settings and any cookie or privacy preference tools we make available. Additional choices relating to advertising and legally recognized opt-out preference signals are described below.

C. Information We Receive from Third Parties

Third Parties. We may receive additional personal information about you from third parties, including your employer or organization, account administrators, authentication or identity providers, customers, partners, resellers, referral partners, event or webinar sponsors, marketing and advertising partners, social media and professional networks, service providers, commercial data, data enrichment, and sales intelligence providers, and other data providers. We may also obtain information from publicly available sources, public databases, commercial data sources, and the public internet. We may combine information that we collect from or about you through the Services with information that we obtain from third parties or other interactions with you.

Inferences. We may derive information or inferences from the personal information we collect, such as interests, preferences, engagement, likely business interests, characteristics, or usage patterns, for the purposes described in this Privacy Policy.

If you wish to limit the personal information available to us from a third-party service or account, you should review the applicable third party’s privacy settings and policies. Your choices with a third party may not affect information that we previously received from that third party or information available from other sources.

How We Use the Information We Collect

We use the personal information we collect:

• To operate, provide, maintain, support, secure, troubleshoot, debug, monitor, personalize, improve, and enhance our Services and other business operations;
• To understand and analyze how you use our Services, conduct research, testing, evaluation, quality assurance, experimentation, benchmarking, analytics, and forecasting, and develop new products, services, features, technologies, and functionality, using Usage Information and other information as described in this Privacy Policy but not the contents or substance of Service Content except where expressly directed or authorized by the person or organization controlling that Service Content;
• To instruct, inform, train, fine-tune, test, evaluate, validate, develop, and improve the artificial intelligence, machine learning, models, systems, and technologies that we use to support our Services, using information other than Service Content, or using Service Content only where the person or organization controlling that Service Content expressly directs or authorizes that use;
• To understand and analyze usage patterns, user interests, preferences, engagement, and other trends; derive inferences; personalize the Services, content, communications, and recommendations; and improve user experience;
• To facilitate, process, administer, and support transactions, purchases, credits, subscriptions, billing, and payments;
• To communicate with you, provide you with updates and other information relating to our Services, respond to comments, questions, and requests, provide customer or technical support, administer accounts, provide demonstrations, send security or administrative notices, and otherwise manage our relationship with you;
• For sales, marketing, advertising, and promotional purposes, including identifying and researching prospective customers, maintaining and enriching business records, managing customer and prospect relationships, conducting outreach, developing and providing promotional or advertising materials, interest-based or targeted advertising, retargeting, audience creation or matching, campaign measurement, attribution, conversion tracking, and market research;
• To create, derive, aggregate, anonymize, or deidentify information, which we may use, retain, disclose, and otherwise process for any lawful purpose, including research, analytics, benchmarking, product development, and business planning, provided that we do not retain or create aggregated, anonymized, or deidentified derivatives of the contents or substance of Service Content for training, model improvement, marketing, advertising, or other secondary purposes except where expressly directed or authorized by the person or organization controlling that Service Content. This limitation does not restrict our creation or use of Usage Information that does not include or reveal the contents or substance of Service Content;
• To authenticate users and accounts; detect, investigate, prevent, and respond to fraud, abuse, misuse, spam, security incidents, unlawful or deceptive activity, and other trust and safety issues; and protect the rights, property, safety, security, and integrity of our users, customers, Services, systems, and others;
• For compliance, legal, and internal business purposes, including enforcing our Website Terms of Use, Terms of Service, and other agreements or policies; establishing, exercising, or defending legal claims; conducting audits and investigations; maintaining records; managing insurance, corporate governance, and risk; complying with applicable laws, regulations, contractual obligations, legal process, or governmental requests; and evaluating or completing corporate transactions;
• To combine information collected through different Services, devices, interactions, and sources for the purposes described in this Privacy Policy; and for other purposes for which we provide notice at the time the information is collected or that are compatible with the purposes described above and permitted by applicable law.

Legal Bases for Processing European Personal Information

If you are located in the European Economic Area (“EEA”) or the United Kingdom (“UK”), we only process your personal information when we have a valid “legal basis,” including as set forth below.

• Consent. We may process your personal information where you have consented to certain processing of your personal information.
• Contractual Necessity. We may process your personal information where required to provide you with our Services. For example, we may need to process your personal information to respond to your inquiries or requests.
• Compliance with a Legal Obligation. We may process your personal information where we have a legal obligation to do so. For example, we may process your personal information to comply with tax, labor, and accounting obligations.
• Legitimate Interests. We may process your personal information where we or a third party have a legitimate interest in processing your personal information. These interests may include operating, securing, supporting, improving, and developing our Services; conducting research and analytics; managing our business and customer relationships; sales, marketing, and advertising; preventing fraud, abuse, and security incidents; enforcing our rights; and other legitimate business purposes. We only rely on our or a third party’s legitimate interests where those interests are not overridden by your rights and interests.

How We Share the Information We Collect

Affiliates. We may share any information we receive with our current and future affiliates for any of the purposes described in this Privacy Policy.

Vendors and Service Providers. We may share any information we receive with vendors, contractors, consultants, and service providers that perform services for us or on our behalf, including hosting, cloud infrastructure, data storage, communications, customer support, security, fraud prevention, analytics, marketing, advertising, sales, customer relationship management, surveys, recruiting, payment processing, professional services, and administrative functions.

AI, Model, and Infrastructure Providers. We may disclose information to vendors and other providers that provide artificial intelligence, machine learning, model, inference, hosting, cloud, infrastructure, or other technical services that support or interoperate with our Services, subject to the terms applicable to the relevant Service and our role in the processing. Where we disclose Service Content to such a provider, we do so only as necessary to provide the functionality requested through the Services. We do not authorize such providers to use Service Content to train or fine-tune models or for advertising, marketing, or other independent or secondary purposes.

Analytics, Advertising, and Marketing Partners. We may use analytics, advertising, social media, and marketing services to collect and process information, understand use of the Services, measure and improve marketing, and provide or measure interest-based or targeted advertising. These partners may collect information directly from your browser or device through Cookies and similar technologies and may collect information about your activities over time, across different websites, applications, services, and devices. We may provide identifiers, including hashed email addresses, account identifiers, or device identifiers, and other information to advertising or social media platforms for audience matching, retargeting, campaign measurement, attribution, analytics, and market research. Some of these disclosures may be considered a “sale,” “sharing,” or use for targeted advertising under certain U.S. state privacy laws, in which case we provide applicable rights and choices as required by law.

Business Partners, Resellers, Referral Partners, and Event Sponsors. We may share personal information with business partners, resellers, referral partners, integration partners, and sponsors or co-sponsors of events, webinars, or other activities, including to administer the relationship or activity, facilitate requested products or services, maintain records, and for sales or marketing purposes consistent with applicable law.

Organizations and Account Administrators. If you use or interact with the Services through an employer, customer, organization, or managed account, we may share account, profile, administrative, security, support, and usage information with the organization and its authorized administrators where appropriate to provide, secure, administer, support, or manage the Services or the organization’s relationship with us.

Professional Advisors and Financial Parties. We may share personal information with lawyers, auditors, accountants, insurers, bankers, investors, financing sources, and other professional advisors or financial parties in connection with services they provide to us, legal or regulatory matters, financing, risk management, and other legitimate business purposes.

Aggregated, Anonymized, or Deidentified Information. Subject in each case to any contrary or more restrictive terms in an applicable agreement between ElastixAI and a customer, we may create, use, retain, and disclose aggregated, anonymized, or deidentified information for any lawful purpose; provided that such information does not include or reveal the contents or substance of Service Content. For clarity, this limitation does not restrict our use or disclosure of Usage Information that does not include or reveal the contents or substance of Service Content. Subject to the same limitation, where required by applicable law, we will maintain information in deidentified form and will not attempt to reidentify it except as permitted by law, including to test or validate our deidentification processes.

As Required by Law and Similar Disclosures. We may access, preserve, and disclose your personal information if we believe doing so is required or appropriate to: (a) comply with law enforcement requests, legal process, regulatory requirements, or governmental requests; (b) establish, exercise, or defend legal claims; (c) enforce our agreements and policies; (d) detect, investigate, prevent, or respond to fraud, abuse, security incidents, or unlawful activity; or (e) protect your, our, or others’ rights, property, safety, security, or integrity.

Merger, Sale, Financing, or Other Corporate Transactions. We may disclose and transfer your personal information to service providers, advisors, financing sources, potential transactional partners, counterparties, and other third parties in connection with the consideration, diligence, negotiation, financing, reorganization, bankruptcy, merger, acquisition, sale, liquidation, transfer, or other corporate transaction involving all or a portion of our business, equity, or assets.

Consent or Direction. We may also disclose information from or about you or your devices with your consent, at your direction, or as reasonably necessary to fulfill or respond to your requests, including to third-party services or integrations that you choose to connect with the Services or where you direct us to make information available to another party or publicly.

Your Rights and Choices

Marketing Communications. You can unsubscribe from our promotional emails via the link provided in the emails and may exercise other communication choices we make available. Where permitted by law, we may also communicate by telephone, SMS, direct mail, or other channels. Even if you opt out of promotional communications, you may continue to receive administrative, transactional, security, legal, or other non-promotional messages from us.

Cookies, Advertising, and Tracking Choices. You may be able to control certain Cookies through your browser or device settings and through any cookie or privacy preference tools we make available. You may also be able to control interest-based advertising through settings or opt-out tools offered by advertising platforms and industry organizations. Browser “Do Not Track” signals are not standardized, and our Services may not respond to them. Where required by applicable law, we will recognize and process legally valid opt-out preference signals, such as Global Privacy Control, as required for the browser or device from which the signal is sent.

U.S. State Privacy Rights. Depending on where you reside and subject to applicable law, you may have rights to: (a) confirm whether we process personal information about you and access or obtain a copy of that information; (b) correct inaccurate personal information; (c) delete personal information; (d) obtain certain information in a portable format; (e) opt out of the sale or sharing of personal information, targeted advertising, or certain profiling; (f) limit or opt out of certain uses or disclosures of sensitive personal information; (g) appeal a decision we make regarding a privacy request; and (h) exercise other rights provided by applicable law. These rights are subject to applicable definitions, exceptions, exemptions, and verification requirements, and may not apply to information for which we act solely as a processor or service provider on behalf of a customer.

Your European Privacy Rights. If you are located in the EEA or the UK, you may have additional rights described below.

• You may request access to the personal information we maintain about you, update, and correct inaccuracies in your personal information, restrict or object to the processing of your personal information, have your personal information anonymized or deleted, as appropriate, or exercise your right to data portability to easily transfer your personal information to another company. In addition, you also have the right to lodge a complaint with a supervisory authority, including in your country of residence, place of work or where an incident took place.
• You may withdraw any consent you previously provided to us regarding the processing of your personal information at any time and free of charge. We will apply your preferences going forward and this will not affect the lawfulness of the processing before you withdrew your consent.

You may exercise applicable privacy rights by contacting us using the contact details at the end of this Privacy Policy or through any privacy request mechanism we make available. Before fulfilling a request, we may ask you to provide reasonable information to verify your identity or authority, and an authorized agent may be required to provide proof of authorization where permitted by law. Privacy rights are subject to exceptions and limitations under applicable law. Where applicable law provides a right to appeal our decision regarding a request, you may appeal by contacting us using the same method. We will not discriminate against you for exercising privacy rights provided by applicable law. Please note that while changes may be reflected in active systems within a reasonable period, we may retain personal information for backups, security, fraud and abuse prevention, analytics, dispute resolution, enforcement of agreements, compliance with legal obligations, and other purposes permitted by law.

Third Parties

Our Services may contain links to other websites, products, or services that we do not own or operate (“Third-Party Services”). We are not responsible for the privacy practices of these Third-Party Services. Please be aware that this Privacy Policy does not apply to your activities on these Third-Party Services or any information you disclose to these Third-Party Services. We encourage you to read the privacy policies of these Third-Party Services.

Retention

We retain personal information for as long as reasonably necessary for the purposes for which we process it, including to provide the Services, maintain business and transactional records, secure our systems, prevent fraud and abuse, resolve disputes, enforce agreements, establish or defend legal claims, comply with legal and regulatory obligations, and for other legitimate business purposes, unless a different retention period applies under an agreement governing information we process on behalf of a customer. The foregoing does not expand our retention of Service Content. Service Content submitted to our inference Services is not retained following completion of the requested processing, except to the extent required by law or expressly requested or authorized by the person or organization controlling the Service Content. In determining retention periods, we may consider the type and sensitivity of information, the nature and length of our relationship with you, the Services and features involved, the purposes for which the information was collected, the impact of deletion on the Services, applicable legal or contractual requirements, and statutes of limitation. We may retain aggregated, anonymized, or deidentified information for as long as permitted by law, and information may remain in backups or other systems for a period after deletion from active systems; provided that this statement concerning backups and other systems does not expand any applicable zero data retention commitment for Service Content.

Security

We maintain reasonable administrative, technical, and physical safeguards designed to protect the security, confidentiality, and integrity of the personal information we maintain. However, no electronic transmission, storage, system, or security measure can be entirely secure, and we cannot guarantee the security or privacy of personal information.

International Users and Visitors

If you use or otherwise interact with our Services from the EEA, the UK, Switzerland, or other regions of the world with laws governing data collection, use, or transfer that may differ from U.S. law, your personal information may be transferred to, stored in, accessed from, or processed in the United States and other countries where we or our affiliates, vendors, service providers, or other recipients operate. Where required by applicable law, we rely on recognized transfer mechanisms and safeguards, which may include adequacy decisions, European Commission-approved Standard Contractual Clauses, the UK International Data Transfer Addendum or other UK-approved mechanisms, or other lawful transfer mechanisms. We may also transfer personal information between countries in connection with storage and processing, fulfilling requests, providing and supporting the Services, and operating our business. For more information about applicable transfer mechanisms or to request a copy of contractual safeguards, where available, you can contact us as described below.

Children’s Privacy

We do not knowingly collect, maintain, or use personal information from children under 13 years of age. Our Services are not directed to, or intended for, children under 13. If you learn that a child under 13 has provided us with personal information in violation of this Privacy Policy, then you may alert us at legal@elastix.ai.

Changes to This Privacy Policy

We will post any adjustments to the Privacy Policy on this page, and the revised version will be effective when it is posted.

Contact Information

ElastixAI is the data controller and responsible for processing your personal information. If you have any questions, comments, or concerns about our processing activities, please email us at legal@elastix.ai.