Privacy Policy

Last updated: November 2023

BRAINMOUNT LTD ("we", "us", "our") is committed to respecting your privacy. This Privacy Policy explains our data protection practices and the types of information we may collect when you use our mobile application, Chatomic (the "App"). This policy applies to all users who access our App.

If you have any questions or concerns about our Privacy Policy, please contact us via email [email protected].

1. DEFINITIONS

"Personal data" or "personal information" refers to any information that can be used to identify an individual, either directly or indirectly. This could be through an identification number or by one or more factors specific to the physical, physiological, mental, economic, cultural, or social identity of the individual.

We act as the data controller under the General Data Protection Regulation (GDPR), unless otherwise stated.

CALIFORNIA CONSUMER PRIVACY ACT OF 2018 (CCPA) PRIVACY NOTICE

If you are a California resident, in accordance with the CCPA, you have the right to request:

- The categories of personal information we process
- The sources from which personal information is obtained
- The purpose for processing your personal data
- The categories of third parties with whom we share your personal information
- The specific pieces of personal information we may have about you

By using our App, you acknowledge that you have read, understood, and agreed to the terms of this Privacy Policy.

2. COLLECTION AND USAGE OF PERSONAL DATA

We collect and process personal data to provide you with our services, improve our App, and comply with our legal obligations.

3. SALE OF DATA

We do not engage in the sale of any of your personal data to third parties.

4. SHARING OF DATA

We may share your personal data with third-party service providers.

5. OPT-OUT CHOICES

If you wish to stop us from processing your personal data, please contact us via email [email protected]. Please note that certain functionalities of the App may not work without processing your data. In such cases, we recommend removing the App from your device.

6. CONSUMER INQUIRY

You have the right to request access, portability, or deletion of your personal information. Please contact us to make such a request, providing enough detail for us to understand, respond to, and fulfill your request.

7. PAYMENT INFORMATION

Our e-commerce provider, Apple, handles all in-app purchases and the secure processing of your personal information. We do not have access to your credit or debit card information.

8. CHILDREN'S PRIVACY

Our App is intended for users who are at least 18 years old. We do not knowingly collect personal information from anyone under the age of 18. If we learn that we have collected personal information from a minor without parental consent, we will delete this information as soon as possible.

9. PURPOSES OF PROCESSING DATA

We use your information to provide and improve our App, personalize your experience, communicate with you, and enforce our policies and protect our rights.

10. PROCESSED INFORMATION

a. Essential Data

To deliver the services you request and fulfill our contractual commitments, we require essential data. Without this information, we cannot assure the complete functionality of the App.

User Content: This includes any text or other content that you input into the message field and send through Chatomic, as well as any text or other content generated by AI via Chatomic. You are free to use, share, and exploit your User Content for your personal purposes, in line with the guidelines and restrictions set out in our Terms of Use. Please be aware that any use of User Content is at your own risk, and you bear all risks and responsibilities associated with such use. You are solely responsible for ensuring compliance with relevant laws when using User Content. Please note that we use a third-party service provider, OpenAI, LLC, for processing and creating AI-generated User Content.

Contact Information: This includes your name, email address, and any other content you provide when reaching out to us via email or support form. We store and process this information. We use this information to respond to your inquiries, fulfill your requests, and deliver the services or communications you request.

b. Automatically Processed Information

We may use third-party automatic data processing technologies, such as advertising or analytics tools, to analyze certain information sent by your device through Chatomic (e.g., identifier for advertisers for iOS devices, etc.), with your consent. Some of these integrated tools may conduct automated processing of your personal data, including profiling. Profiling involves any form of automated processing of personal data to evaluate certain personal aspects relating to you, particularly to analyze or predict aspects concerning your personal preferences, interests, behavior, location or movements (please refer to the list of data below). Automatic data processing technologies will start processing information as soon as you allow Chatomic to track your activity.

To enhance Chatomic's performance, we may process information about your device and user behavior based on our legitimate interest (as detailed in the "Automatically Processed Information" subsection). This data is typically non-personal, meaning it cannot be directly linked to any specific individual, and we only access it in an aggregated form. The information we collect may include:

Mobile Device Data, Application Information, Cookies and similar technologies, Log file information, Ad-related information, and In-App Events.

Please note that we do not have control over the information provided automatically to advertising or analytics tools, and therefore cannot take responsibility for the processing of such information.

11. WHY WE PROCESS YOUR DATA

We use your information for the following reasons:

To provide Chatomic and its services: We use your information to provide Chatomic and its services to you. This includes processing essential data and automatically processed information to ensure that you can access and use Chatomic as intended.
To improve Chatomic: We use automatically processed information to analyze how users interact with Chatomic, identify areas for improvement, and test new features and functionality. This helps us to continuously improve Chatomic and provide a better user experience.
To personalize your experience: We may use automatically processed information to personalize your experience within Chatomic. For example, we may use this information to show you content that is tailored to your interests, or to suggest features or services that may be of interest to you.
To communicate with you: We may use your contact information to communicate with you about Chatomic, such as to provide you with updates, respond to your inquiries, and provide customer support.
To enforce our policies and protect our rights: We may use your information to enforce our policies and protect our rights, including investigating and preventing fraud, spam, or other unauthorized activity, and complying with legal obligations.
If we use your information for any other purpose not listed here, we will notify you and obtain your consent as required by applicable law.

12. DATA SHARING

We utilize external services to enhance the functionality of our App. We ensure that our third-party service providers are meticulously selected based on their commitment to implementing robust technical and organizational measures to safeguard your personal data. Nevertheless, we cannot guarantee the absolute security of any data transmitted to these third-party providers and do not assume liability for any accidental loss or unauthorized access to your personal data caused by these providers.

We want to assure you that we do not rent or sell your personal data to third parties. However, we may share anonymized data, derived from tools like cookies, log files, device identifiers, and location data, with third-party organizations that provide automated data processing technologies for Chatomic. Please note that we do not have control over these third parties' tracking technologies or how they use them.

We may also share certain anonymized data, such as cookie data, with third-party advertising partners. This information allows these ad networks to deliver targeted ads that they believe will be of most interest to you.

In our ongoing commitment to providing and improving our services, we engage with the following third-party service providers:

OpenAI - AI-generated content provider (https://openai.com/privacy/)
AppsFlyer - Analytics service provider (https://www.appsflyer.com/legal/services-privacy-policy/)
Google - Analytics and marketing service provider (https://policies.google.com/privacy, https://firebase.google.com/support/privacy)

Chatomic may include links to third-party websites or services, or you may access Chatomic from a third-party site. We want to make it clear that we are not responsible for the privacy practices of these third-party sites or services, including the information or content contained within them. You are solely responsible for any risk arising from your use of these third-party websites or resources.
In certain circumstances, we may disclose your personal information where it is necessary for legitimate reasons, such as public interest or as required by law. We may also disclose your personal information in good faith to protect our rights, your safety, or the safety of others, investigate fraud, or respond to a government request.

In the event of a merger, acquisition, or sale of all or a portion of our assets, we will notify you via a prominent notice in Chatomic of any change in ownership or usage of your personal information, as well as any options you may have regarding your personal information.

13. INTERNATIONAL DATA TRANSFERS

We along with our third-party partners who provide automated data processing technologies for Chatomic, or our third-party advertising associates, may transfer the information processed automatically across international borders and from your jurisdiction to other countries or jurisdictions worldwide.

Please understand that this may result in the transfer of your data, including personal information, to a country and jurisdiction that may not have the same data protection laws as your own. Consequently, your personal information may be transferred to a third country, a territory, or one or more specified sectors within that third country, or to an international organization where data protection and confidentiality regulations may not offer the same level of protection for personal data as your jurisdiction.

By utilizing Chatomic, you consent to the transfer of your personal data to any third country, a territory, or one or more specified sectors within that third country, or to an international organization.

For data storage purposes, we employ the services of reputable hosting providers. We prioritize your privacy and, where feasible, encrypt your personal data before transmitting it to the hosting providers for storage. Please note that we only collaborate with hosting providers that have met our stringent security and reliability standards.

14. DATA RETENTION AND USAGE DURATION

We will retain your personal information only for the necessary duration to provide Chatomic's functional service and to fulfill our legal obligations. If you decide that you no longer wish for us to use your information that we physically access and store, you can request that we delete your personal information and close your account.

However, some data may still be retained for a limited period (but no longer than necessary) if mandated by law (such as for taxation, accounting, or auditing purposes), or to ensure data safety and backup, prevent fraud, or other malicious acts.

15. EXERCISING YOUR RIGHTS

Applicable data protection laws provide you with certain rights regarding your personal information. The following options are available to you in relation to your collected personal information:

Data Access and Portability: You can request copies of your personal information.
Change or Correct Data: If you cannot update data independently through your account, you have the right to request corrections, changes, updates, or rectifications to your data.
Data Retention and Deletion: User data is generally retained for as long as your user profile exists or as it is needed to provide relevant services. However, specific retention times can vary based on the context of the processing performed. You have the right to request deletion of all or some of the personal data held about you.
Restriction of Processing: Under certain circumstances, you may have the right to limit the ways in which your personal information is used.
To exercise any of the rights described above, please contact us via email [email protected]. Please note that we can only guarantee the aforementioned rights concerning the information that we physically access and store.

If your personal information is being processed automatically, you may have the right to object to such processing under certain circumstances. If your personal information is being processed for direct marketing purposes, you may request us to cease processing your data for these purposes.

16. OPTING OUT

Opting Out of Location Data Processing

If you prefer not to have your precise location data or street-level location information utilized by our third-party service providers, please adhere to the following instructions:

For iOS 11 or later: Disable Location Services for the relevant Chatomic Product via the menu “Settings > Privacy > Location Services”. Then select our App and set the “Share My Location” status to “Never”. For more details, please visit: https://support.apple.com/en-us/HT203033.
Opting Out of Marketing Tracking

If you prefer not to have personalized ads tailored to your interests by our third-party service providers, please adhere to the following instructions:

Select "Limit Ad Tracking" on your iOS device in “Settings > Privacy > Advertising”. For more details, please visit: https://support.apple.com/en-us/HT202074
Please bear in mind that opting out of interest-based advertising does not necessarily mean you will no longer receive any ads. You may still receive contextual ads that are based on non-personal information such as the content of the Chatomic products you are using.

17. DATA SECURITY

We prioritize the security of your personal information. We have put in place measures to safeguard your information against loss, misuse, unauthorized access, disclosure, alteration, and destruction.

It's important to note that no method of transmission over the Internet, or electronic storage, is 100% secure. While we take all necessary precautions to protect your personal data, we cannot guarantee complete security.

18. UPDATES TO THE PRIVACY POLICY

We regularly update this Privacy Policy to keep up with our practices and legal obligations.

Any changes to this Privacy Policy will be updated and posted on this page and other relevant locations.

19. CONTACTING US ABOUT THIS PRIVACY POLICY

For any inquiries about this Privacy Policy, please reach out to us using our support form, or by contacting us at [email protected]