Privacy Policy

Effective Date / Date of Last Revision: May 2, 2023

1. WHO WE ARE

2. HOW TO CONTACT US

3. WHY WE COLLECT DATA AND HOW WE COLLECT IT

4. PROTECTING YOUR PRIVACY GENERALLY

5. CHILDREN’S PRIVACY

6. SALE OF DATA

7. TYPES OF INFORMATION WE COLLECT

8. OUR LEGAL REASONS FOR COLLECTING AND USING DATA

9. DO NOT TRACK SIGNALS

10. INFORMATION WE SHARE WITH THIRD PARTIES

11. HOW TO ACCESS & CONTROL YOUR PERSONAL DATA

12. SECURITY

13. LINKS TO THIRD-PARTY SITES

14. DATA RETENTION

15. ACCESSIBILITY

16. NOTICE TO NEVADA RESIDENTS

17. NOTICE TO CALIFORNIA & VIRGINIA RESIDENTS

18. NOTICE TO RESIDENTS OF THE EUROPEAN ECONOMIC AREA

    
    

1. WHO WE ARE.  DataChat Inc. (“DataChat,” "we," "us," or "our") owns and operates the website, www.datachat.ai, and its associated data analytics platform, applications, tools, software and services (collectively, the “Service”).  

Some of the data we collect is considered “personally identifiable information,” “personal information” or “personal data” under applicable law (collectively referred to in this Privacy Policy as “Personal Data”).  Generally, Personal Data is information that can be reasonably connected to an identified or identifiable individual.  It does not include deidentified or anonymized data.

The purpose of this Privacy Policy is to disclose how we collect, use, and share Personal Data. It also describes how we attempt to safeguard the Personal Data we collect and process.  We are committed to securing the Personal data that we collect concerning you (“you”) and complying with applicable data protection and privacy laws.  We may update this Privacy Policy from time to time.  When we do, we will post an amended version of the Privacy Policy on this website.  Please review this Privacy Policy periodically.

2. HOW TO CONTACT US.  If you have any questions regarding data protection or your rights, please contact us:

   DataChat Inc.

   455 Science Drive, #155

   Madison, WI 53711

   privacy@datachat.ai         

    

3. WHY WE COLLECT DATA AND HOW WE COLLECT IT.  We collect, process and use Personal Data to provide our Service to you. For example, we use the Personal Data we collect to:

Communicate with you;

Provide information and resources to you;

Provide our Service to you;

Provide you with support;

Personalize your experience on our Service;

Measure the performance of our Service;

Take steps to enhance the security and integrity of the Service;

Maintain, improve and customize our Service;

Investigate, prevent or take action regarding illegal activities, suspected fraud or violations of our terms of use;

Comply with applicable law; and

Defend our legal rights and the rights of others.

We obtain Personal Data directly from you, through cookies and other technologies, and from third parties as described in this Policy and any other privacy notices we may provide to you when you interact with us.

3. PROTECTING YOUR PRIVACY GENERALLY.

1. 1. Industry-Standard Protection.  We utilize industry-standard security measures to safeguard the Personal Data we collect, maintain and use. These measures include technical and procedural steps to protect your Personal Data from misuse, unauthorised access or disclosure, loss, alteration, or destruction. However, we cannot and do not guarantee the performance or adequacy of such security measures.

   2. Limitation on Access.  Access to the Personal Data we collect, process, store and share is generally restricted to our employees and/or contractors who require it to perform a job or other contracted function. We require vendors and contractors we work with to use reasonable, industry standard protocols to maintain the confidentiality, security, and integrity of information.

5. CHILDREN’S PRIVACY.  Our Service is designed for users aged eighteen (18) years old and over.  We do not intentionally collect any Personal Data from consumers under the age of eighteen (18) years old.  

6. SALE OF DATA.  We do not sell Personal Data of any individuals, including individuals under the age of eighteen (18) years. 

7. TYPES OF INFORMATION WE COLLECT.  We may collect the following types of Personal Data from you:

1. 1. Information You Provide Directly To Us. 

      Contact information and identifiers (such as name, local and permanent address, company name, telephone number, electronic mail address);

      Your profile information and login credentials;

      Information you provide when using our tools.  For example, if you use our queries, chat tools or “Ask” tool, we will collect the questions you ask, the responses generated, and any follow up questions or prompts;

      Data and files you upload to use in the Service;

      Information regarding the analytical models and other tools you use in the Service;

      Information you provide to us when inquiring about our resources or Service;

      Your social media account names / handles and any direct message information you have with us; and

      Any other information you provide to us.

   2. Information We Collect Via Tracking Technology.  We use cookies and other tracking technologies (such as pixels and web beacons) (collectively, “Cookies”) to collect information as you navigate our websites.  Cookies are small files of information that are stored by your web browser software on your computer hard drive, mobile or other devices (e.g., smartphones or tablets).  We use Cookies to: (a) estimate audience size and usage patterns; (b) understand and save your preferences for future visits, allowing us to customize the online experience to your individual needs; (c) advertise new content, events and services that relate to your interests; (d) keep track of advertisements and search engine results; (e) compile aggregate data about traffic on our Service and interactions to resolve issues and offer better online experiences and tools in the future; and (f) recognize when you return to our Service.
      
      

      The Cookies we use collect the following types of Personal Data:

      • Usage Information. We collect information such as which areas of the Service you access, the frequency of access, and what you click on while using the Service.

      • Technical Information.  We collect technical information about your connection to our Service, including the Internet protocol (IP) address, browser type and version, browser plug-in types and versions.

      • Device Information. We collect information about the device you are using, such as hardware model, operating system, application version number.

      • Mobile Device Information. In addition to the device information listed above, when you access our Service on your mobile device, we collect and aggregate information about whether you are accessing the Service via a mobile device or tablet, device type, and carrier.

      • Location Information. We collect location information from users of our Service on a city-regional basis.

      
      

      We set some Cookies ourselves and others are set by service providers. We use Cookies set by service providers to provide us with useful information to help us improve our Service, to conduct advertising, and to analyze the effectiveness of advertising.  

      You can also control the use of Cookies at the browser level by setting your web browser controls to accept or refuse Cookies.  If you choose to block all cookies (including essential cookies) you may not be able to access all or parts of our Service.  In addition, most advertising networks offer you a way to opt out of targeted advertising.  You can find out more about Cookies and how to manage them by visiting www.AboutCookies.org.  You can also learn about which third parties have currently enabled Cookies for your browser or mobile device and how to opt-out of some of those Cookies by accessing the Network Advertising Initiative’s website or the Digital Advertising Alliance’s website. For more information on mobile specific opt-out choices, visit the Network Advertising Initiative’s Mobile Choices website.

   3. Information our Partners or Other Service Providers Provide to Us.  Our partners and service providers may provide Personal Data about you to us if they need the information to provide products or services to you.

   4. Information Other Service Users Provide. Our Service allows for teams and collaborations and permits users to share information, including information that may constitute Personal Data.

8. OUR LEGAL REASONS FOR COLLECTING AND USING PERSONAL DATA.  We rely on the following legal grounds for the collection, processing, and use of Personal Data:

   • the collection, processing and use is necessary to provide the Service;

   • your consent;

   • the collection, processing and use is necessary for the performance of a contract to which you are a party or to take steps at your request prior to entering into a contract;

   • the collection, processing and use is necessary for compliance with a legal obligation to which we are subject;

   • the collection, processing and use is necessary for our legitimate business interests.

     In general, the provision of your Personal Data is voluntary, but in certain cases it is necessary in order to enter into a contract with us or to receive our Service as requested by you.

9. DO NOT TRACK SIGNALS.  Some internet browsers incorporate a “Do Not Track” feature or other privacy signals that informs websites you visit that you do not want to have your online activity tracked. Given that there is not a uniform way that browsers communicate the “Do Not Track” signal, the Service does not currently interpret, respond to or alter its practices when it receives “Do Not Track” signals.

10. INFORMATION WE DISCLOSE TO THIRD PARTIES.  We may provide access to Personal Data to others in the following limited ways:

10. 1. With service providers.  We share information with service providers who:

       • perform data services on our behalf, such as hosting and managed services.

       • provide tools we use in our Service, such as Azure and ChatGPT.

       • prepare, deploy and analyze advertising content on our behalf.

       • provide other services on our behalf, such as accounting services, client relationship management services and other various business services.

       • process payment information on our behalf.

    2. To Meet Our Legal Requirements or Exercise Our Rights.  We share information with third parties in the following instances:

       • When we are required to do so by law.

       • In connection with any legal proceedings or prospective legal proceedings.

       • To establish, exercise, or defend our legal rights, including providing information to others for the purposes of fraud prevention.

       • We may share information with other persons or entities as part of our own corporate transactions, such as during financing or any asset sale.

    3. At Your Request.  We will share your Personal Data when you request or otherwise consent to the disclosures.  For example, you may opt to collaborate with other users in the Service and share your information.

11. HOW TO ACCESS & CONTROL YOUR PERSONAL DATA.  We respect your privacy and provide ways for you to choose whether to share your information with us or any third parties. 

    You may decline to provide information.  You have the right to decide not to share information through our Service. 

    Review and request changes to your personal data.  You may use your account to access, correct, or view certain Personal Data we have collected and which is associated with your account. 

    Request deletion.  You may delete data from your account.  You may also submit a request to update or delete your personal data by contacting us at us at privacy@datachat.ai.

    PLEASE NOTE, HOWEVER, THAT IF YOU CHOOSE NOT TO PROVIDE US WITH CERTAIN INFORMATION OR ASK US TO DELETE YOUR INFORMATION, WE MAY NOT BE ABLE TO PROVIDE YOU WITH THE FULL FUNCTIONALITY OF OUR SERVICE.  IN ADDITION, IN SOME CIRCUMSTANCES, WE MAY NOT BE ABLE TO MODIFY OR DELETE DATA DUE TO OUR OWN OBLIGATIONS.

    Marketing communications.  You may unsubscribe from marketing emails from us by clicking on the unsubscribe link included in the footer of our emails.  

12. SECURITY

    We have implemented a number of reasonable security methods that are designed to keep your information confidential and secure.  It is important that you understand, however, that no commerce solution, website, application, database or system is completely secure or "hacker proof," and we cannot anticipate all potential misuse of your information.  We cannot and do not guarantee the security of any information you provide or otherwise transmit to us, and your use of our Service indicates that you are willing to assume this risk.  We have implemented the following steps:

    Secure operating environments.  We store your information in secure operating environments that are protected from the public and that we only allow authorized DataChat employees and agents/contractors to access on a need-to-know basis. We follow generally accepted industry standards to protect personal information; however, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee its absolute security.

    Prior authentication for account access.  We require individuals with registered accounts to verify their identity (e.g., email address, password) before they can access or make changes to their account information. This helps prevent unauthorized access to your account.

    Measures we expect you to take.  It is important for you to also play a role in keeping your information safe and secure. When signing up for an online account, please be sure to choose an account password that is hard for others to guess and never reveal your password to anyone else. If you use a shared or public computer, never choose to have your email address or password remembered and make sure to log out of your account every time you leave the computer. You should also make use of any privacy settings or controls we may provide you in our website community areas. You are responsible for keeping your login credentials secure and for any and all activity through your account.

13. LINKS TO THIRD-PARTY SITES.  Our Service  may contain links to other websites and companies that may be of interest to you.  If you click on any of those links, you will leave our Service.  We are not responsible for third-party websites.  Please consult the terms of service and privacy policies of those sites when you visit them.

14. DATA RETENTION .  We will store your information for as long as: (a) you use our Service; (b) our performance of the Service requires; (c) in accordance with our data retention policies; and (d) as long as our ethical or legal obligations require.

15. ACCESSIBILITY.  We are committed to ensuring this Privacy Policy is accessible to individuals with disabilities.  If you wish to access this Privacy Policy in an alternate format, or would like to report an issue you are experiencing, please email us at privacy@datachat.ai.  You expressly agree to attempt to resolve any and all issues with accessibility directly with us and in good faith prior to instituting any legal action against us, and to permit us at least 60 days to resolve any accessibility errors or issues.

16. NOTICE TO NEVADA RESIDENTS.  Nevada law allows Nevada residents to opt-out of the sale of certain types of personal information. Subject to a number of exceptions, Nevada law defines “sale” to mean the exchange of certain types of personal information for monetary consideration to a person for the person to license or sell the information to additional persons. We do not sell personal information as defined in the Nevada law. However, if you are a Nevada resident, you still may submit a verified request to opt-out of sales and we will record your instructions and incorporate them in the future if our policy changes. Opt-out requests may be sent to privacy@datachat.ai.

17. NOTICE TO CALIFORNIA & VIRGINIA RESIDENTS.  The California Consumer Privacy Act (“CCPA”) and the California Privacy Rights Act (“CPRA”) provide certain rights to California residents regarding the collection, use, disclosure and sale of personal information.  Likewise, the Virginia Consumer Protection Act (“VCDPA”) provides certain rights to Virginia residents regarding the collection, use, disclosure and sale of personal information.  As of the date of last revision of this Privacy Policy, we were not / are not subject to the requirements of the CCPA,  CPRA or VCDPA.  If this changes, we will update our Privacy Policy.  In the interim, of you would like to contact us to access and control your Personal Data, please see the options and tools we provide in above.  Please also feel free to contact us with any questions.

    Shine the Light Law:  If you are a California resident, California Civil Code § 1798.83 permits you to request information regarding the disclosure of your Personal Data by us to third parties for the third parties’ direct marketing purposes (as those terms are defined in that statute).  We do not sell or disclose information to third parties for their direct marketing purposes.  

18. NOTICE TO RESIDENTS OF THE EUROPEAN ECONOMIC AREA.    We do not have business operations in the European Economic Area (“EEA”) and do not target or market our Service to individuals in the European Economic Area. However, to the extent the General Data Protection Regulation (“GDPR”) may apply to you, you have certain rights.    The GDPR allows us to collect and use personal information from individuals within the EEA only for one or more of the following reasons:

    1. To fulfill a contract we have with you;

    2. When we have a legal duty;

    3. When it is in our legitimate interest; or

    4. When you provide consent.

    
    

    We do not operate in the EEA or specifically direct our business to consumers in the EEA.  However, we recognize some of our website users, customers and prospective customers could be located within the EEA.  If you reside in the EEA, you have a number of rights under data protection laws in relation to the way we process your Personal Data, which are set forth below.  You may contact us directly to exercise any of these rights, and we will verify your request and, if appropriate, respond to any request received from you within one month from the date of the request. In exceptional circumstances we may need to extend this timescale, but we will always tell you in advance if we do, and our reasons why.

If you have any concerns regarding our processing of your personal data, or are not satisfied with our handling of any request by you in relation to your rights, please get in touch with our team through the contact information provided in Section 2 of this Privacy Policy.  You may also reach out to your applicable Data Protection Authority (“DPA”) for more information.  There is a DPA located in each EU Member State.