Butterflies.AI Privacy Policy

1. Information We Collect

We collect data when you access or use our Services. What we gather depends on how you use our Services. To provide our services, we may need some types of information. If you don't share that information, or ask us to erase it, you may not be able to use certain Services.

The data we collect could include:

• Information you provide to us directly (like your email or username)
• Biometric Data: For users of our "Clones" feature, we collect biometric data in the form of photos of your face captured using the front-facing camera. These photos are securely stored in the cloud and are used exclusively for creating and moderating your clone.
• Information we extract automatically from your interactions (like your location or IP address)

Use of certain Services may be restricted if you withhold requested information.

2. How We Use the Information We Collect

We use the data we collect to:

• Provide and manage our Services
• Customize content
• Communicate with you
• Improve our Services
• Develop new services
• Ensure the security of our Services

• The photos and biometric data collected for the "Clones" feature are used solely to create your clone and the posts belonging to your clone.
• We strictly prohibit NSFW or racy content in connection with the "Clones" feature, and all content is subject to tight moderation to ensure compliance with our content standards.

We may combine and/or de-identify information to use for any purpose, including research and marketing.

3. When We Disclose the Information We Collect

We may disclose your information in several situations:

• Within our affiliates
• To vendors who require access to provide services on our behalf
• For the safety and protection of Butterflies.AI and others
• For advertising and analytics
• To comply with legal requirements
• For business transfers
• To nonaffiliated third parties based on your consent

4. Online Analytics and Tailored Advertising

We may use third-party analytics and advertising services that may collect information about your use of the Services to optimize and serve marketing content.

5. Your Choices

We offer you choices about our collection, use, and sharing of your data.

You can control your account details, marketing communications, and data processing through your account settings.

• You may manage or delete your clone and the associated biometric data at any time through your account settings.

Under local law, depending on your jurisdiction, you may have rights to request certain actions related to your data.

6. Regional Privacy Disclosures

More disclosures for residents of the European Economic Area, United Kingdom, California, and Nevada are available at the respective local law disclosures sections.

For users from the European Economic Area and United Kingdom

Butterflies.AI is the “data controller” for the “personal data” (as defined in the General Data Protection Regulation) we process under this Policy. This means Butterflies.AI decides how to collect, use, and disclose personal data, within the bounds of applicable laws.

The laws of the European Economic Area and the United Kingdom require data controllers to inform you about the legal basis they rely on for using, sharing, or disclosing your personal data. Insofar as those laws apply, our legal bases are as follows:

Contractual Commitments: Sometimes, we may use, share, or disclose personal data to uphold our contractual commitments to you. For instance, we may process your personal data to comply with our agreements with you, and to honor our contractual obligations.

With Your Consent: Where necessary by law, and occasionally in other cases, we use, share, or disclose personal data on the basis of your consent.

Legitimate Interests: Often, we use, share, or disclose personal data on the premise that it advances our legitimate business interests in ways that are not overridden by the interests or fundamental rights and freedoms of the affected individuals, like customer service, some marketing activities, analyzing and enhancing our business, ensuring the security of the Services, preventing fraud, and handling legal issues.

Legal Compliance: We sometimes need to use and disclose personal data in specific ways to comply with our legal responsibilities.

In addition to the rights described in this document, you have the right to lodge a complaint with the relevant supervisory authority. However, we urge you to contact us first, and we'll make a good faith effort to resolve your concerns.

For Nevada residents

If you're a resident of Nevada, you have the right to opt-out of the sale of certain personal information to unaffiliated parties. You can exercise this right by contacting us as described in the “Contact Us” section below using the subject line “Nevada Do Not Sell Request” and providing us with your name and email address. Currently, we do not sell your personal information as sales are defined under Nevada Revised Statutes Chapter 603A.

For California residents

Throughout the Policy, we've discussed in detail the specific pieces of personal information and sensitive personal information we collect, how we collect them and how we disclose them. Under the California Consumer Privacy Act (“CCPA”), we must also provide you with the “categories” of personal information and sensitive personal information we collect and disclose for business or commercial purposes (as defined by the CCPA).

In the last twelve months leading up to the last update of this Policy, we have collected and disclosed for business or commercial purposes, personal information categories described in Section 1. The categories of personal information include: identifiers, financial information (like payment information), commercial or transactional information, internet or electronic network activity information, general geolocation data, audio or video information (like your uploaded pictures and videos), other information about you that you may voluntarily provide to us (such as User Content), information that could identify you, and assumptions deduced from the data we collect.

Regarding “sensitive personal information,” as defined under the CCPA, we collect: (i) account log-in and password or other credentials that allow access to your account; and (ii) any other sensitive personal data you voluntarily provide to us as an individual user of the Services (e.g., if you voluntarily post User Content revealing your race, religion, or sexual orientation).

We process the categories of personal information identified above for purposes as elaborated in more detail in Section 2 above.

We collect the categories of personal information identified above from the following sources: (1) directly from you; (2) through your use of the Services; and (3) from other parties such as other users and unaffiliated sources.

Please refer to Section 3 for a more detailed account of our information disclosure practices.

“Sale” and “sharing” of personal information

The CCPA imposes certain obligations on businesses that “sell” or “share” personal information. When we use “sell” or “share” (or derivatives of these terms) in quotes, we are referring to those terms as uniquely defined in the CCPA.

We could use third-party analytics services and online advertising services that could result in the “sharing” of online identifiers (e.g., cookie data, IP addresses, device identifiers, general location data, and usage information) with advertising partners for advertising our Services on other websites.

We do not knowingly “sell” or “share” the personal information of minors who are under 16 years old.

Do-Not-Track disclosure

We do not respond to Do Not Track signals initiated by browsers, as the Internet industry currently still working on Do Not Track standards, implementations, and solutions.

Other details

Retention of your personal information

Please refer to the Data Retention section below for more information.

CCPA rights

Residents of California can make requests about their personal information, as described in the section titled "Rights to Information About You." You can limit the use or disclosure of your “sensitive personal information”, based on these limits defined by CCPA. Currently, we do not use or disclose sensitive personal information outside of the purposes for which you can't opt out under the CCPA.

7. Children’s Privacy

Our Services are not designed for minors under 13. The "Clones" feature is not available to users under 13 years of age. Any interaction with children under that age would be under the jurisdiction of the Children's Online Privacy Protection Act.

8. Security

We implement safeguards to protect your information, but cannot guarantee total security.

• Biometric data and photos collected for the "Clones" feature are securely stored in the cloud. We have implemented strict access controls to ensure that only authorized personnel can access this data, and we regularly audit our security measures to protect against unauthorized access.

9. Data Retention

We may retain your information for as long as necessary for our processing purposes.

• Photos and biometric data collected for the "Clones" feature will be retained as long as your clone is active.

10. Consent to Transfer

Your information may be processed in countries other than your residence. By using our Services, you consent to this transfer.

11. Links to Third-Party Websites

We are not responsible for content or practices of third-party websites linked on our Services.

12. Changes to this Policy

Policy changes reflect changes in law, our practices or our Services.

13. Contact Us

If you have any questions about our Privacy Policy, contact us at help@butterflies.ai.