Privacy Policy
Last Updated 16th May 2024
Welcome to our Privacy Policy. This is where we, at Cognitive AI (also known as "Art.ai", “weˮ, “usˮ, “ourˮ), explain how we collect, use, and share information when you use our website (https://art.ai), applications, services, tools, and features, or interact with us in any other way - all of which we'll refer to as the "Services". In this policy, "you" and "your" refers to you, the user of the Services. Please take a moment to familiarize yourself with our Privacy Policy. By using any part of our Services, you're agreeing to the terms of this policy. If you don't agree with these terms, please do not use or access our Services.
Please note that we are the controller of your personal data within the meaning of General Data Protection Regulation (“GDPRˮ) which means that we determine the purposed and means of processing your personal data.
Here are the details about our company:
Name: Cognitive Ai Ltd
Registration number: GICO.124044-46
Address: Suite 4, 4 Giro's
Passage, Gibraltar GX11 1AA
Responsible person: Nicholas Wright
Email: contact@cognitive.ai
1. Updates to this Privacy Policy
We might need to adjust this Privacy Policy occasionally. If that happens, we'll make sure to update the "Last Updated" date at the top of this policy, post the new version on our Services, and do everything else the law requires. If you're not comfortable with any changes we make, we do understand. In that case, you might decide not to continue using or accessing the Services. If you continue using our Services, you agree with the terms of the introduced updates.
2. Gathering and Utilizing Information
We collect some details about you from various sources when you use our Services.
Certain aspects of our Services may prompt you to provide specific details. While you have the option to decline, not sharing this information might restrict your access or use of these aspects. The data that you provide directly through our Services includes:
2.1 Customer Information Management
We collect details like your name, email address, and any other information you provide. We do this because it's crucial for us to be able to answer your questions, manage our relationship with you, and enhance our customer service and product lineup.
2.2 Account Information Collection
We collect certain information such as your credit or debit card details and billing address. This is done through our payment processor to ensure security. We also keep track of your subscription level and transaction history. We gather this information to offer our Services in line with our contract with you, and because it aligns with our legitimate interest to provide you with various account options and features.
2.3 User Information Collection
We collect basic details like your name and email address. This information helps us deliver our services as per our agreement with you. It also aligns with our interest to keep in touch with you, which includes providing updates on products or services that might be relevant to you.
2.4 Account Security
We collect details such as username, password, security questions and their corresponding answers, account handle, profile picture, and IP address. This information is crucial for maintaining your account and providing Services. We do this as part of our contractual obligation and because it's in our legitimate interest to ensure the safety and security of your account. If you decide to register an account, it's your responsibility to keep your login information secure. We advise against sharing your access details with anyone. If you suspect that your account security has been breached, please get in touch with us without delay.
2.5 User Input and Private Content Creation
We collect data such as text prompts that you input, and images that you upload, to generate and deliver new content based on your input. Additionally, we gather other data you share or make available via the Services, like your comments, instances when you “like” an image or follow a user, and any other information that you upload. We utilize your input and the other information you provide to the Services, as it's in our legitimate interest to manage and enhance the Services, as well as to improve and evolve our products and technology. Depending on your subscription and account settings, you might have the option to create, remix, or exhibit private content.
3. Information We Gather Automatically
We, and third parties working for us, might collect certain data about how you interact with our Services and emails. This might be done through cookies and other tracking technologies. We collect and use this information because it helps us to customize your experience, conduct analytics, solve problems, and gain a better understanding of user interactions. This in turn allows us to improve our Services. The information we collect might be linked to the device you use to access our Services, or the email accounts you use to communicate with us.
Please note that the legal grounds for automatic collection of your personal data is necessity of performing a contract (Terms of Service) entered between you and Company. In cases when performing of the contract will not serve as a sufficient basis for processing of your personal data, we may ask for your explicit consent.
3.1 Browser Data and Interactions
This includes information like browser type, log data, date and time stamps, as well as details about emails you've opened. It also covers clickstream data such as page requests, page views, time spent on a page, content viewed or interacted with, and any text entered.
3.2 Device and Browser Information
This includes information like the type of device, operating system, screen size, unique device identifier, IP address, preferred language, and browser details.
3.3 Location Details
This includes a general location and, if you choose to provide it, precise geolocation.
4. Legal Basis for Processing Your Personal Information
Article 6 I lit. a GDPR – the data subject has given consent to the processing of his or her personal data for one or more specific purposes - serves our company as the legal basis for processing operations in which we obtain consent for a specific processing purpose.
If the processing of personal data is necessary for the performance of a contract to which the data subject is a party, as is the case, for example, with processing operations that are necessary for the delivery of goods or the provision of another service or consideration, the processing is based on Article 6 I lit. b GDPR – processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract. The same applies to such processing operations that are necessary for the implementation of pre-contractual measures, for example in cases of inquiries about our products or services.
If our company is subject to a legal obligation by which a processing of personal data becomes necessary, such as for the fulfillment of tax obligations, the processing is based on Art. 6 I lit. c GDPR – processing is necessary for compliance with a legal obligation to which the controller is subject.
In rare cases, the processing of personal data might become necessary to protect vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were to be injured on our premises and as a result his or her name, age, health insurance data or other vital information had to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6 I lit. d GDPR – processing is necessary in order to protect the vital interests of the data subject or of another natural person.
Finally, processing operations could be based on Art. 6 I lit. f GDPR – processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child. Processing operations that are not covered by any of the aforementioned legal bases are based on this legal basis if the processing is necessary to protect a legitimate interest of our company or a third party, provided that the interests, fundamental rights and freedoms of the data subject are not overridden. Such processing operations are permitted to us in particular because they were specifically mentioned by the European legislator. In this respect, it took the view that a legitimate interest could be assumed if the data subject is a customer of the controller.
5. Information Gathered from Other Sources
We may gather information about you from external sources, which include:
5.1 Use of Collected Information
We treat any information from external sources in line with this Privacy Policy. We don't hold responsibility for the accuracy of third-party information nor their policies and practices.
Beyond the specific uses mentioned above, we might use any of the information outlined in this section to enhance and maintain our Services and product offerings. Our legitimate interests include improving the security and safety of our Services by troubleshooting, data analysis, testing, system maintenance, and reporting. We also focus on training the models that drive our Services, providing customer support, sending service and other communications, monitoring and analyzing trends, conducting in-house research and development, complying with relevant legal obligations, enforcing any applicable service terms, and safeguarding the Services, our rights, and the rights of our employees, users, or other individuals.
5.2 Social Media Interactions
We obtain information from social media platforms like Facebook and Instagram when you engage with us. This is part of our commitment to communicate effectively and tailor our Services to your needs.
5.3 Email Account Access Information
We collect information when you opt to use the Services via your email account, like Gmail. We use this, respecting our legitimate interests, to keep your account details and login information up-to-date.
6. Sharing of Information
Your personal data may be transferred to the country other than your own. This includes transfer to both EU countries and non-EU countries, in which no level of data protection comparable to that in the EU is guaranteed and unsolicited access by government agencies is possible. A transfer to recipients outside the EU only takes place if it is ensured that the recipient of the data guarantees an adequate level of data protection and that there are no other interests worthy of protection against the data transfer. We might share your information for valid reasons in accordance with this Privacy Policy, including:
6.1 Service Providers' Roles
To our vendors and service providers who assist us in delivering our Services. This includes tasks such as cloud storage, payment processing, system administration, security measures, customer relationship management, marketing communications, data analytics, and the use of Tracking Technologies.
6.2 User Interaction on Services
When you use our Services, you might share information, including your User Input and an image. This, along with identifiable information such as your account handle and picture, will be publicly available. You may also share information when interacting with other users through our Services. This information could be stored, displayed, reproduced, published, or used by us or others, and may or may not be attributed to you. For more details on the use and display of User Input and other content, please refer to our Terms of Service.
6.3 Sharing Within Corporate Group
In the interest of effectively providing our Services, we may share information with our affiliates or others within our corporate group.
6.4 Information Disclosure
When you ask us to share information, like when using login integrations or social media widgets, it's done with your approval or as part of our agreement with you.
6.5 Legal and Security Information Sharing
We share your information with regulators, enforcement agencies, and relevant public authorities for legal, security reasons, and to uphold our services and business. This sharing is either based on our legitimate interests or as mandated by law. Our cooperation includes responding to law enforcement and regulatory inquiries, judicial orders, protecting our users and the public, defending legal claims, and enforcing our Terms or other agreements.
6.6 Asset Sale or Business Transaction
To third parties, in relation to or in anticipation of events such as an asset sale, merger, bankruptcy, or other business transactions, guided by our legitimate interests in maintaining a successful and efficient operation.
7. Social Interactions
Our services offer features that let you interact with third-party platforms like Facebook, LinkedIn, X (formerly Twitter), and email platforms - we call these "Social Features". These include options to 'like' or 'share' our content on these platforms, or log into our services via them. Usage of these Social Features could mean your information is collected and/or used by third parties. If you use these features, any information you post could be publicly displayed on the third-party platform. Both we and the third party could access information about you and your usage of both our services and theirs. For more details, refer to the section below titled 'Third Party Websites and Materials'.
8. Cookies and Other Monitoring Tools
Cookies are small text files that are sent from a web server to your browser and stored on your computer's hard drive. This makes it possible to recognize you when you visit the website again. In this way we can guarantee a better functionality of the site and carry out e.g. web analyses. Most browsers are set to automatically accept cookies. You can deactivate the storage of cookies in your browser and have the possibility to delete them from your hard disk at any time. We would like to point out to you that a use of our offers on the website without cookies may only be possible to a limited extent. However, you can also use your browser only to prevent certain cookies from being set (e.g. cookies from third parties), for example if you want to prevent web tracking. Please refer to your browser's help function for more information.
We employ Tracking Technologies, such as Google Analytics, to gather data about your online activities. This includes tracking your browsing patterns across different websites following your use of our Services. Most browsers automatically accept these technologies, but you can usually adjust your device settings to manage them. Be aware that blocking or deleting Tracking Technologies may affect the functionality of our Services, including login features.
Your browser settings might let you send a “Do Not Track”, “opt-out preference” signal or similar when visiting different websites. However, like many sites, ours isn't designed to respond to these signals. We don't use or disclose your information in a way that would legally obligate us to recognize such signals.
You can revoke your consent to web analysis and the related use of cookies as follows: On the one hand, the storage of cookies can be prevented by a corresponding setting of your browser software. Secondly, you can prevent the collection and transmission of data relating to your use of the website (including your IP address) to Google and the processing of this data by Google by downloading and installing the browser plug-in available under the following link. Alternatively, you can prevent Google Analytics from collecting data by setting an "Opt-Out-Cookie" on your computer.
Opt-Out-Cookie
Further information on data protection at Google Analytics can be found at: https://www.google.de/intl/de/policies/.
9. Privacy Concerning Minors
Our Services are not designed for children, and we don't intentionally collect personal information from them. If we discover that we've inadvertently gathered information from a child, particularly those under 16 years old, we will make a reasonable attempt to remove such information from our database. If you're a parent or guardian of a child who has shared their personal information with us, you can contact us using the information below to request its deletion. If you are under the age of 16 and want to get in touch with us, please, send us a written consent from your parents or guardians to process your personal information.
10. External Websites and Resources
We sometimes provide links to third-party websites or platforms, as well as display or offer content, data or materials from third parties. If you choose to follow these links to sites we do not control or have any affiliation with, we recommend reviewing their privacy notices, policies, and terms. We can't take responsibility for the privacy, security, or information found on these sites, nor can we vouch for the accuracy, completeness, or reliability of third-party materials. Be mindful that any information you provide on public or semi-public venues, like social networking platforms, may be visible to other users of our Services and those third-party platforms, and could be used without limitations. Please note that our inclusion of these links does not necessarily mean we endorse the content on these platforms or their owners or operators.
11. Individuals Residing in the U.S.
If you're a resident of California, Colorado, or any U.S. state which has adopted a privacy law akin to the California Consumer Privacy Act (CCPA), this section is for you. Here, we're using "personal information" to also include "sensitive personal information" as per their definitions under the CCPA.
11.1 Type of Personal Information
Below you'll find the types of personal information (including sensitive information, marked with *) that we gather and, if applicable, share. This includes what we've collected and disclosed over the past 12 months.
11.1.a Identifiers: name, email address, IP and other device identifiers, credit/debit card details
Shared with other users, vendors, service providers, integration partners, social media widgets, and affiliates
11.1.b Business information: subscription status and history
Shared with Business Partners and Service Providers
11.1.c Interaction data: your activity with our Services and User Input, including Internet and other network activity
Shared with collaborators, vendors, service providers, third-party trackers, login integration partners, social media widgets, affiliates.
11.1.d Visual content: images you provide to the Services
Shared with other users, approved vendors and service providers, including affiliates.
11.1.e Login information: username and password
Shared with our collaborators in login integration, including vendors, service providers and partners
11.1.f Geolocation data: precise location, if you choose to share it
Shared with Business Partners and Service Providers
11.2 Collection, Usage, and Sharing of Information
The specific reasons and methods for which we gather and share your information, as well as the sources from where we obtain this information, are detailed previously in the sections on Information Collection and Usage, and Information Sharing. Our practices regarding the retention of personal information can be found under Data Security and Retention. We only handle sensitive personal information according to the guidelines set by the CCPA or as per your consent.
We confirm that we do not "sell" or "share" personal information (as defined by the CCPA). We have not done so in the past 12 months.
Additionally, we do not knowingly sell or share the personal information of individuals under 16 years of age.
Residents of California under the age of 18, who are registered users of our services and have posted User Input, can request the removal of such information from our services. You can do this by reaching out to us through the contact details given below. Please mention in your request that you personally made such User Input available to other users and specify where it is posted. We will make a reasonable effort to remove the User Input from public view or anonymize it to prevent individual identification. However, please note that this removal process may not be fully comprehensive. For instance, third parties could have republished your User Input, and archived copies may be stored by search engines and others beyond our control.
12. Protection and Retention of Data
Just a heads up, any information you send our way electronically may not be secure during transmission. So, it's best not to send us sensitive or confidential information through unsecure channels. While we make every effort to protect your data, no security measures are completely foolproof, and we can't promise "perfect security."
We'll hold onto your information only as long as is reasonably necessary for the purposes outlined in this Privacy Policy. Several factors come into play when we determine how long to keep information, such as if we need it to manage your account, provide our Services, resolve disputes, enforce our agreements, prevent harm, and ensure safety, security, and integrity. We also consider whether we need to protect our rights, property, or products. Your information might end up being stored or processed outside of your home country. It could even be transferred to recipients in other countries which might have data privacy or protection rules that differ from those in your country of residence or citizenship.
13. Rights Regarding Personal Data
Depending on your location, you could possess some or all of the rights mentioned below regarding your personal data. However, it's important to note that these rights might not always be absolute and could apply only under specific conditions.
13.1 Right to be Informed
Thatʼs an obligation on us to inform you how we use your personal data (and thatʼs what weʼre doing in this Privacy Policy)
13.2 Right to Deletion of Personal Information
In some situations, you may be able to ask us to erase the personal information we have about you. This means you can request the removal of any personal data we've collected and are currently holding, as long as there are no legal obligations that require us to maintain this information.
13.3 Access to Personal Information
You're likely entitled to know the specifics of the personal information we have on file for you. This includes understanding how we use and share your data, along with any historical occurrences of us utilizing or disclosing your information. This means you can contact us and request from us a confirmation whether or not your personal data are being processed and if so, you have the right to request access to your data, which we will provide to you in the form of a so-called "registry" (stating, in particular, purposes, categories of personal data, categories of recipients of personal data, storage periods or criteria for determining storage periods).
13.4 Data Transfer Eligibility
You might be eligible to receive a copy of the personal information we have on file for you and to ask us to transfer it to a third party.
13.5 Right to Correct Personal Information
You're entitled to ask us to rectify any incorrect personal information we hold about you.
13.6 Right to Restriction of Processing
You may request us to restrict certain processing of your personal data. If you restrict certain processing of your personal data, this may lead to fewer possibilities to use our Services and website.
13.7 Right to Data Portability
You have the right to receive your personal data from us in a structured, commonly used and machine-readable format in order to transmit the personal data to another controller.
13.8 Right to Object
Thatʼs a right for you to object to us processing your personal data (for example, if you object to us processing your data for direct marketing).
13.9 Right to Withdraw Consent
Thatʼs the right to revoke any consent you may have previously given us at any time, if we have collected and processed your personal information with your consent. Withdrawing your consent will not affect the lawfulness of any processing we conducted with your consent prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent.
13.10 Opt-Out of Email Marketing
You're welcome to unsubscribe from marketing emails by following the instructions provided in the email. Please note that you'll continue to receive transactional emails from us, such as those concerning your account, even after unsubscribing.
13.11 Restriction of Processing Personal Information
You might be entitled to request us to pause, put on hold, or limit our processing of your personal information.
13.12 User Rights and Identity Verification
You're fully entitled to exercise any of these rights, with no discrimination. We might just need a bit more info, like your email or ID, to confirm it's really you. If you want someone else to handle these requests for you, just let us know in writing or through a power of attorney document. Before we proceed, we'll need proof that they have your permission to act on your behalf, and we might need to check your identity with you directly. If at any point we can't fulfill your request, you're welcome to challenge our decision.
13.13 How to Use Your Rights
You may exercise your rights above in writing by sending an email to the contact details in Contact Us. You will not have to pay a fee to exercise any of your rights unless your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances. We may require confirmation of your identity depending on your request. We respond to all requests we receive from individuals wishing to exercise their data rights in accordance with applicable data protection laws.
14. Privacy Policy Contact Information
If you have any queries regarding our privacy practices or this Privacy Policy, feel free to reach us at contact@cognitive.ai. In case you believe we have violated any data protection laws, you have the right to file a complaint with your local data protection supervisory authority in the country where you reside or where you perceive the violation has occurred. However, we would appreciate it if you could contact us initially, allowing us the opportunity to address any concerns.