Privacy Policy
Last updated: May 31, 2024
1. INTRODUCTION
This Privacy Policy ("Policy") governs the collection, use, and disclosure of personal data by Modelia, Inc. ("Modelia"), through its website Modelia.ai, the Modelia image generation platform, and any associated services (collectively, the "Services").
This Policy outlines our practices concerning personal data, which includes information that may directly or indirectly identify an individual.
Definitions:
- "Personal Data" refers to any information related to an individual that can identify them.
- "Usage Data" is data collected automatically from the use of the Services or from the Service infrastructure itself (e.g., duration of a page visit).
- "You" or "Your" means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service.
Applicability: This Policy applies to personal data collected
- Through your use of the Services.
- During the process of training our machine learning algorithms.
- Through interactions with Modelia website.
- From third-party sources, including public databases and commercial data providers.
Please note, this Policy does not cover data pertaining to Modelia employees, candidates, certain contractors, and agentsThird-Party Links: Our website may contain links to external sites. We aim to provide links only to ethical and useful sites, but we do not control these external sites and are not responsible for their content. We encourage you to be cautious and to review the privacy policies of any external sites you interact with.Changes to the Policy: We may update this Policy to reflect changes in legal, regulatory, or operational requirements. Updates will take effect immediately upon posting on this page. If you disagree with the changes, you should discontinue your use of the Services. Where required by law, we will provide you with explicit notice of any significant changes to this Policy.Data Collection and Use: We collect various types of information for various purposes to provide and improve our Service to you. When you make purchases, third-party payment processors handle your financial data directly, and Modelia does not store your credit card information but will keep a confirmation of payment.Consent and Update: By using our Services, you consent to the collection and use of information in accordance with this Policy. Any amendments to this document will be posted prominently and are effective when published.
2. COLLECTION, USE AND SECURITY OF PERSONAL DATA
2.1 Types of Data Collected
Personal Data: While engaging with our Services, you may provide information that could be used to contact or identify you, such as:
- Username and contact details (e.g., email)
- Text or image prompts you input into the Services
- IP address and Usage Data
- Organizational details like your company title
- Tracking Technologies and Cookies
2.2 Use of Your Personal DataWe may use the Personal Data collected for various purposes:
- Service Provision and Maintenance: To deliver and enhance our services, manage your account, and facilitate your access to different functionalities.
- Communication: To contact you via email, phone calls, SMS, or other electronic communications regarding updates, promotional offers, and other information about services you have purchased or shown interest in.
- Contractual Necessities: To fulfill obligations under contracts we have entered into with you.
- Business Transfers: To evaluate or conduct mergers, acquisitions, restructuring, or sales of company assets.
- Legal Compliance and Protection: To comply with legal obligations, protect our rights or property, ensure the personal safety of users or the public, and prevent wrongdoing.
- Analytical and Marketing Purposes: To analyze service usage, assess campaign effectiveness, and improve our offerings.
- Client References and Marketing: To use your company name and logo to identify you as a Modelia client or reference on Modelia's website and in marketing and promotional materials, as further described in Section 14.1 of the Terms of Service. You may withdraw this permission at any time by contacting contact@modelia.ai.
2.3 Sharing of Your Personal DataYour personal data may be shared under the following circumstances:
- With Service Providers and Partners: To facilitate our services, perform service-related services, or assist in analyzing service usage.
- During Business Transfers: In connection with, or during negotiations of, any merger, sale of company assets, or acquisition.
- With Law Enforcement: When required by law or to protect our rights, safety, or property.
- With Your Consent: For any other purposes with your explicit approval.
2.4 Retention and Transfer of Your Personal Data
- Retention: Personal Data is retained only for as long as necessary to fulfill the purposes outlined in this policy, comply with legal obligations, resolve disputes, and enforce agreements.
- Transfer: Your data may be transferred to — and maintained on — systems located outside of your jurisdiction where data protection laws may differ. Adequate safeguards are in place to ensure the security of your data.
2.5 Rights Over Your Data
- Access and Control: You can request to receive an exported file of the personal data we hold about you, including any data you have provided.
- Deletion: You can request the deletion of your personal data, except for data we are obliged to keep for administrative, legal, or security purposes.
2.6 Data SecurityWhile no method of transmission over the Internet or electronic storage is completely secure, we are committed to using commercially acceptable means to protect your Personal Data. We cannot guarantee its absolute security, but we strive to adhere to the highest security standards.
2.7 Support ChatOur website and Studio include a support chat. Replies come from an AI assistant and from our support team. To help you, we process the messages, files and images you send in the chat, the name and email address you give us, the page you are on and, if you are signed in, your account email, plan and credit balance. We also record your IP address and, where enabled, the country and city it maps to. We do this to provide the support you ask for; using chats to improve the assistant is based on our legitimate interest. Chats and the related visitor record are kept for up to 12 months after your last message and then deleted; you can ask us to delete them earlier by writing to privacy@modelia.ai. Transcripts of resolved chats may be used, after personal details have been removed, to improve the assistant's answers, and a member of our team reviews every such addition. Assistant replies are generated with Microsoft Azure OpenAI.
2.8 Connected Storage Services (Dropbox)You can connect a Dropbox account to import your own images into your catalog and the Studio. When you connect, Dropbox asks you to approve read-only access, and we use it only to read your basic Dropbox account information, list the files and folders you browse, read shared links you give us, and download the files you choose to import. We never write to, modify, move, share or delete anything in your Dropbox. We store your Dropbox account ID and the access tokens Dropbox issues, with the tokens encrypted, use them only to perform the imports you ask for, and never see or store your Dropbox password. Files you import are stored in your Modelia account and handled like any other content you upload, as described in this Policy and our Terms of Service. We do not sell data obtained from Dropbox or use it for advertising, and we share it only with the service providers we use to run Modelia. You can disconnect Dropbox at any time in Modelia, which deletes the stored tokens; we keep a record that the connection existed, with your Dropbox account ID, as part of your account history. You can also revoke Modelia's access at any time in your Dropbox account settings. Your use of Dropbox is governed by Dropbox's own privacy policy. Dropbox is a trademark of Dropbox, Inc.; Modelia is not affiliated with, sponsored by or endorsed by Dropbox.
3. COOKIES
3.1 General Use of CookiesOur website uses cookies to enhance your user experience. A cookie is a small file placed on your device that helps us manage site sessions, recognize your preferences, and improve site navigation.
3.2 Types of Cookies We Use
- Comment Cookies: If you leave a comment on our site, you can choose to save your name, email address, and website in cookies for convenience. This means you won't need to fill in your details again when you comment next. These cookies last for one year.
- Session Cookies: These are temporary cookies used to check if your browser accepts cookies. They contain no personal data and are discarded when you close your browser.
- Login Cookies: When you log in, we set cookies to remember your login information and screen display choices. Login cookies last for two days, while screen options cookies last for one year. If you choose 'Remember Me,' your login will persist for two weeks. Logging out of your account will remove these cookies.
- Editing Cookies: If you edit or publish an article, a cookie will be stored to identify the article ID you edited. This cookie contains no personal data and expires after one day.
3.3 Managing CookiesYou can manage cookie preferences and consent through your browser settings. However, disabling cookies may affect the functionality and features available on our website.
3.4 ConsentBy using our website, you consent to the use of cookies as described in this policy, unless you have adjusted your browser settings to reject cookies.
3.5 Changes to Cookie PolicyWe may update this cookie policy from time to time to reflect changes in our practices or legal requirements. Please review this policy periodically for updates.
4. REGIONAL SUPPLEMENTAL TERMS AND CONDITIONS
Europe (EEA, Switzerland, UK)If you are located in the European Economic Area (EEA), Switzerland, or the United Kingdom (UK), the collection and use of your personal data are governed by the following legal bases:
- Consent: We will collect and process your personal data when you have explicitly consented to such processing.
- Contractual Necessities: We may process personal data necessary to enter into or perform a contract with you.
- Legitimate Interests: We may process your personal data when it is in our legitimate interests to do so and when these interests are not overridden by your data protection rights.
- Legal Obligations: We may have legal obligations to collect personal data from you.
You have several data protection rights, including the right to access, correct, update, or delete your personal data. You can object to processing, request data portability, restrict processing, or withdraw consent without affecting the lawfulness of processing based on consent before its withdrawal. Concerns can be directed to privacy@modeliaWhen transferring personal data outside the EEA, Switzerland, or the UK, we use European Commission-approved standard contractual clauses and additional safeguards as necessary.
California (CCPA Compliance)For residents of California or individuals whose information has been collected in California, this statement is in accordance with the California Consumer Privacy Act of 2018 (“CCPA”). Definitions and rights accorded under the CCPA are adhered to and respected.
INFORMATION WE COLLECT
| # | Category | Collected? | Disclosed? |
|---|---|---|---|
| 1 | Identifiers. Name, alias, postal address, unique personal identifier, online identifier, Internet Protocol (IP) address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers | YES | YES |
| 2 | Personal information categories under the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories | YES | YES |
| 3 | Protected classification characteristics under California or federal law. Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information). | NO | NO |
| 4 | Commercial information. Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. | YES | YES |
| 5 | Biometric information. Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data. | NO | NO |
| 6 | Internet or other similar network activity. Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement. | NO | NO |
| 7 | Geolocation data. Physical location or movements. | NO | NO |
| 8 | Sensory data. Audio, electronic, visual, thermal, olfactory, or similar information. | YES (only images you upload to our services) | YES |
| 9 | Professional or employment-related information. Current or past employment history or performance evaluations. | NO | NO |
| 10 | Education Information under California Family Educational Rights and Privacy Act (20 U.S.C. section 1232g, 34 C.F.R. Part 99) Information that is not “publicly available personally identifiable information” as defined in the California Family Educational Rights and Privacy Act (20 U.S.C. section 1232g, 34 C.F.R. Part 99). Includes education records directly related to a student maintained by an educational institution or party acting on its behalf, like grades, transcripts, class lists and student schedules, identification codes, financial information, or disciplinary records. | NO | NO |
| 11 | Inferences. Conclusions that could be used to create a profile reflecting an individual’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, aptitude. | YES | YES |
Selling Information: Modelia does not sell your personal information as defined under the CCPA. Should this practice change, we will notify you accordingly, and you will have the right to opt-out of the sale of your personal information.
Your Rights and ChoicesYou have the right to request disclosures about the collection and use of your personal information over the past twelve months, including:
- Categories and sources of personal information collected.
- Business or commercial purposes for collecting or selling personal information.
- Categories of third parties with whom the personal information is shared.
- Specific pieces of personal information collected about you.
- Lists identifying categories of personal information sold or disclosed for business purposes.
You can request that Modelia deletes any personal information about you that we have collected or retained, subject to certain exceptions. Upon verification of your request, we will delete your personal information from our records and direct our service providers to do the same.You can opt-out of the sale of your personal information. Currently, Modelia does not sell personal information.
Exercising Your Rights
To exercise your rights of access, data portability, deletion, or to opt-out of the sale of your personal information, submit a verifiable consumer request to privacy@modelia.ai
You may submit requests for access or data portability twice within a 12-month period. Requests must include sufficient information for us to reasonably verify your identity or authority and adequately describe your request for us to understand, evaluate, and respond to it.
Response Timing and Format
We aim to respond to verifiable consumer requests within 45 days. If more time is needed (up to 90 days), we will notify you in writing with the reason for the delay. Responses will cover the 12-month period preceding the receipt of the verifiable consumer request and will be delivered via email. If we cannot comply with a request, we will explain the reasons. For data portability requests, we will provide your personal information in a format that is easily usable and should allow you to transmit the information to another entity without hindrance.
We do not charge fees for responding to verifiable consumer requests unless they are excessive, repetitive, or manifestly unfounded. If a fee is applicable, we will notify you beforehand and provide a cost estimate
5. CONTACT US
If you have any questions about this Policy, or would otherwise like to exercise your rights under this Policy or applicable law, you can contact us at privacy@modelia.ai