AugmentAI

AUGMENTAI PRIVACY POLICY

Last Updated: October, 2024

This privacy policy (“Privacy Policy”) governs how we, AugmentAI LLC. and AugmentAI.com.
(together, “AugmentAI”, “we”, “our” or “us”)
use, collect and store Personal Data we collect or receive from or about you (“you”) such as in the
following use cases:

When you browse or visit our website, augmentai.com(“Website”);
When you make use of, or interact with, our Website:
1. When you contact us to request a demo or for any other inquiry;
2. When you contact us;
3. When we process your job application; and
4. When you download material from the Website.
When you attend a marketing event, exchange business cards with us or otherwise and provide us with your personal
data for marketing purposes.d) When we use the personal data of our customers, prospects or service providers
(e.g. contact details).e) When you interact with us on our social media profiles (e.g., Facebook, Instagram,
Twitter, LinkedIn, Youtube, or any other social media platform).f) When you make use of, or interact with, our web
application, mobile software applications or the AugmentAI plugins or our application programming interface
software that is called or queried under an API Call (collectively, the “Software“):
1. When you create an account and when you log in;
2. When you upload photos, text and/or audio, for creating video animations (“Animation(s)”)
  and/or receiving an output;
3. When you connect to get and/or share your Animations; and
4. When you upgrade to become a Paying User.

Please read this Privacy Policy carefully, so you can understand our practices and your rights in relation to
personal data. “Personal Data” means any information that can be used, alone or together with other
data, to uniquely identify any living human being and any information deemed as Personally Identifiable Information
by privacy laws. Please note that this is a master privacy policy and some of its provisions only apply to
individuals in certain jurisdictions. For example, the legal basis in the table below is only relevant to
GDPR-protected individuals. “Applicative Data” means any Data submitted to the Software for
processing. Important note: Nothing in this Privacy Policy is intended to limit in any way your
statutory right, including your rights to a remedy or means of enforcement.

Table of contents:

What Personal Data we collect, why we collect it, and how it is used
How we protect and retain your Personal Data
How we share your Personal Data
Additional information regarding transfers of Personal Data
Your privacy rights. How to delete your account
Use by children
Interaction with third party products
Log files
Analytic tools
Specific provisions applicable under California privacy laws
Applicative data retention
Contact us

This Privacy Policy can be updated from time to time and, therefore, we ask you to check back periodically for the
latest version of this Privacy Policy. If we implement significant changes to the use of your Personal Data in a
manner different from that stated at the time of collection, we will notify you by posting a notice on our Website
and/or the Software or by other means.

WHAT PERSONAL DATA WE COLLECT, WHY WE COLLECT IT, AND HOW IT IS USED
1. When you browse or visit our Website
  - Specific Personal Data we collect: Cookies; IP address; analytics data (e.g. pages viewed); log files.
  - Why is the Personal Data collected and for what purposes? To operate and improve our Website; to
    remember your preferences and various settings and personalize your experience; for security purposes; to
    monitor the usage of our Website.
  - Legal basis (GDPR only, if applicable):Legitimate interest (essential cookies); Consent (non-essential
    cookies). You may withdraw your consent at any time as set forth in Section 5 below.
  - Consequences of not providing the personal data:Certain Website features may not be available.
2. When you make use of, or interact with, our Website
  1. When you contact us to request a demo or for any other inquiry
    - Specific Personal Data we collect: Full name; email address; country; company name; phone number;
      any other data that you decide to provide us.
    - Why is the Personal Data collected and for what purposes? Such personal data is required in order to
      facilitate a conversation with you, whether you are a prospect or just looking to better understand
      what we do; to provide you with a demo; to send you marketing communications.
    - Legal basis (GDPR only, if applicable):Legitimate interest (e.g. provide a demo or answer a
      question); Processing is necessary for the performance of a contract (i.e. license agreement) 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; Consent (marketing). You may withdraw your consent at any time as set forth
      in Section 5 below.
    - Consequences of not providing the personal data: Cannot facilitate conversations with prospects;
      cannot provide you with a demo; cannot send you marketing communications.
  2. When you contact us
    - Specific Personal Data we collect: Full name; email address; company name; job title; phone number;
      any other data that you decide to provide us.
    - Why is the Personal Data collected and for what purposes? To process and respond to your request; to
      send you marketing communications.
    - Legal basis (GDPR only, if applicable):Legitimate interest (e.g. provide a demo or answer a
      question); Processing is necessary for the performance of a contract (i.e. license agreement) 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; Consent (marketing). You may withdraw your consent at any time as set forth
      in Section 5 below.
    - Consequences of not providing the personal data: Cannot process and respond to your request; cannot
      send you marketing communications.
  3. When we process your job application
    - Specific Personal Data we collect: Full name; email address; phone number; CV/Resume; any other data
      that you decide to provide us. Please note that in some cases we also receive this personal data from
      third parties such as recruitment agencies.
    - Why is the Personal Data collected and for what purposes? To assess you as a candidate; to analyze
      your application; to communicate with you.
    - Legal basis (GDPR only, if applicable): Processing is necessary for the performance of a contract
      (i.e. license agreement) 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 (i.e. employment contract); Legitimate interest
      (e.g. to assess you as a candidate).
    - Consequences of not providing the personal data: Cannot assess you as a candidate; cannot analyze
      your application; cannot communicate with you.
3. When you attend a marketing event, exchange business cards with us or otherwise provide us with
  your personal data for marketing purposes
  - Specific Personal Data we collect: Full name; email address; company name; job title; phone number; any
    other data that you decide to provide us.
  - Why is the Personal Data collected and for what purposes? To establish a business connection; to send
    you marketing communications.
  - Legal basis (GDPR only, if applicable):Legitimate interest (e.g. to establish a business connection);
    Consent (marketing). You may withdraw your consent at any time as set forth in Section 5 below.
  - Consequences of not providing the personal data: Cannot establish a business connection; cannot send you
    marketing communications.
4. When we use the personal data of our customers, prospects or service providers (e.g. contact
  details)
  - Specific Personal Data we collect: Full name; email address; physical address; phone number; company
    name and details; payment information; any other data that you decide to provide us.
  - Why is the Personal Data collected and for what purposes? To provide our products and services; to
    perform the applicable agreement; to communicate with you.
  - Legal basis (GDPR only, if applicable): Processing is necessary for the performance of a contract to
    which our customer is a party; compliance with a legal obligation (e.g. tax laws, bookkeeping laws, etc.);
    legitimate interest (e.g. send you contract-related communications).
  - Consequences of not providing the personal data: Cannot provide our products and services; cannot
    perform the applicable agreement; cannot communicate with our customers/clients.
5. When you interact with us on our social media profiles (e.g., Facebook, Instagram, Twitter,
  LinkedIn)
  - Specific Personal Data we collect: Full name; email address; social media channel; any other data that
    you decide to provide us.
  - Why is the Personal Data collected and for what purposes? To respond to your requests via our social
    media channels; to send you marketing communication.
  - Legal basis (GDPR only, if applicable): Legitimate interest (e.g. respond to your requests in our social
    media channels); Consent (marketing). You may withdraw your consent at any time as set forth in Section 5
    below.
  - Consequences of not providing the personal data: Cannot respond your request in our social media
    channels; cannot send you marketing communications.
6. When you make use of, or interact with the Software
  1. When you create an account and when you log in
    - Specific Personal Data we collect:Full name, email address, email credentials included as part of an
      SSO login (for example, your profile picture thumbnail, if applicable), location data, name of device
      and/or browser used, job title and any other information that you decide to provide us via email
      and/or other means of communication.
    - Why is the Personal Data collected and for what purposes? To be able to create an account and login
      to your account, to be able understand who our users are in order to be able to better serve them, to
      enjoy features available to registered users only and to be able to send you notifications and
      marketing collateral.
    - Legal basis (GDPR only, if applicable):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, or
      legitimate interest (e.g. to create your account).
    - Consequences of not providing the personal data: Cannot provide our products and services; cannot
      perform the applicable agreement.
  2. When you upload photos, text and/or audio, for creating video animations and/or receiving an
    output
    - Specific Personal Data we collect: photos, text (which may include Personal Data), audio (which may
      include Personal Data).
    - Why is the Personal Data collected and for what purposes? We ask your permission to access your
      device’s camera in order to allow you to take a picture of yourself or of any other individual so we
      will be able to use the pictures in order to create Animations and/or in order for you to be able to
      receive a certain output. We ask your permission to access your device’s microphone to allow you to
      upload an audio recording. We also ask your permission to access your device’s gallery so we could
      create the Animations and/or in order for you to be able to receive a certain output from existing
      pictures that you select on your device. You are responsible for making sure that you have any and all
      necessary approvals, consents and authorizations of third parties to take a picture and/or audio
      recording and/or upload them to the Software.
    - Legal basis (GDPR only, if applicable): Consent (for accessing your device’s camera and gallery
      and/or microphone), 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, or legitimate interest
      (e.g. to let you create Animations and/or receive an output). You may withdraw your consent at any
      time as set forth in Section 5 below.
    - Consequences of not providing the personal data: Cannot provide our products and services; cannot
      perform the applicable agreement.
  3. When you connect to get and/or share your Animation(s)
    - Specific Personal Data we collect: Full name, email address, email credentials included as part of
      an SSO login (for example, your profile picture thumbnail, if applicable), location data, name of
      device and/or browser used, job title and any other information that you decide to provide us via
      email and/or other means of communication.
    - Why is the Personal Data collected and for what purposes? To be able to view your Animations gallery
      and to download and share Animations.
    - Legal basis (GDPR only, if applicable): 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, or
      legitimate interest (e.g. to let you download and share the Animations).
    - Consequences of not providing the personal data: Cannot provide our products and services; cannot
      perform the applicable agreement.
  4. When you upgrade to become a Paying User
    - Specific Personal Data we collect: Payment information (credit card number last 4 digits, expiration
      date and name of cart provider).
    - Why is the Personal Data collected and for what purposes? To be able to process your payments.
    - Legal basis (GDPR only, if applicable): 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.

Finally, please note that some of the abovementioned Personal Data will be used for detecting, taking steps to
prevent, and prosecution of fraud or other illegal activity, to identify and repair errors, to conduct audits,
and for security purposes. Personal Data may also be used to comply with applicable laws, with investigations
performed by the relevant authorities, law enforcement purposes, and/or to exercise or defend legal claims. In
certain cases, we may or will anonymize or de-identify your Personal Data and further use it for internal and
external purposes, including, without limitation, to improve the services and for research purposes.
“Anonymous Information” means information which does not enable identification of an individual
user, such as aggregated information about the use of our services. We may use Anonymous Information and/or
disclose it to third parties without restrictions (for example, in order to improve our services and enhance
your experience with them). Use of a personal e-mail address in order to access and use the Software is not
mandated. We recommend that the e-mail address used when accessing the Software would be the e-mail address
connected with Credits (as defined in the AugmentAI Terms of Use, available here: https://augmentai.com/terms-of-use), such as studio@company.com or other address which does not include any specific
personal name. Please kindly note that the Software does not interpret or analyze any Personal Data, and thus
does not modify any Personal Data uploaded to it. You are expected to minimize as much as possible the provision
of any Personal Data unless absolutely necessary for your expected result when using the Software. For the
avoidance of doubt, this also applies to the use of any synthetic faces when using the Software.

HOW WE PROTECT AND RETAIN YOUR PERSONAL DATA
1. Security. We have implemented appropriate technical, organizational and security measures designed to
  protect your Personal Data. However, please note that we cannot guarantee that the information will not be
  compromised as a result of unauthorized penetration to our servers. As the security of information depends
  in part on the security of the computer, device or network you use to communicate with us and the security
  you use to protect your user IDs and passwords, please make sure to take appropriate measures to protect
  this information
2. Retention of your Personal Data. Your Personal Data will be stored until we delete the record and we
  proactively delete it or you send a valid deletion request. Please note that in some circumstances we may
  store your Personal Data for longer periods of time, for example (i) where we are required to do so in
  accordance with legal, regulatory, tax or accounting requirements, or (ii) for us to have an accurate record
  of your dealings with us in the event of any complaints or challenges, or (iii) if we reasonably believe
  there is a prospect of litigation relating to your Personal Data or dealings.
HOW WE SHARE YOUR PERSONAL DATA

We may share your Personal Data as follows:
1. 1. With our service providers:
  1. With cloud service providers for hosting purposes;
  2. With websites and web content creation platforms
    and/or tools in order to help us manage our Website and/or Software and to provide our services;
  3. With email providers, marketing, CRM (e.g., Salesforce or Hubspot) and other similar tool providers; and
  4. With analytic companies, in order to help us understand and analyze information we collect in accordance
    with
    this policy (including text and/or photos).
2. With our business partners with whom we jointly offer products or services. We may also share Personal
  Data with our affiliated companies.
3. To the extent necessary, with regulators, courts or competent authorities, to comply with applicable
  laws, regulations and rules (including, without limitation, federal, state or local laws), and requests of
  law enforcement, regulatory and other governmental agencies or if required to do so by court order;
4. If, in the future, we sell or transfer, or we consider selling or transferring, some or all of our
  business, shares or assets to a third party, we will disclose your Personal Data to such third party
  (whether actual or potential) in connection with the foregoing events;
5. In the event that we are acquired by, or merged with, a third party entity, or in the event of bankruptcy
  or a comparable event, we reserve the right to transfer, disclose or assign your Personal Data in connection
  with the foregoing events, including, in connection with, or during negotiations of, any merger, sale of
  company assets, consolidation or restructuring, financing, or acquisition of all or a portion of our
  business by or to another company; and/or
6. Where you have provided your consent to us sharing or transferring your Personal Data (e.g., where you
  provide us with marketing consents or opt-in to optional additional services or functionality).
ADDITIONAL INFORMATION REGARDING TRANSFERS OF PERSONAL DATA
1. Storage: We store the Personal Data with the following storing companies: Salesforce and
  Hubspot with
  servers located in the US (with respect to the Website); AWS with servers located in Oregon, USA (with
  respect to the Software and Applicative Data).
2. External transfers: Where we transfer your Personal Data outside of EU/EEA (for example to third parties
  who provide us with services), we will generally obtain contractual commitments from them to protect your
  Personal Data. When AugmentAI engages in such transfers of Personal Data, it relies on i) Adequacy Decisions
  as adopted by European Commission on the basis of Article 45 of Regulation (EU) 2016/679 (GDPR) (for
  example, when we access from the USA), or ii) Standard Contractual Clauses issued by the European
  Commission. AugmentAI also continually monitors the circumstances surrounding such transfers in order to
  ensure that these maintain, in practice, a level of protection that is essentially equivalent to the one
  guaranteed by the GDPR.
YOUR PRIVACY RIGHTS. HOW TO DELETE YOUR ACCOUNT
1. Rights: The following rights (which may be subject to certain exemptions or derogations) shall apply to
  certain individuals (some of which only apply to individuals protected by the GDPR):
  1. You have a right to access Personal Data held about you. Your right of access may normally be exercised
    free
    of charge, however we reserve the right to charge an appropriate administrative fee where permitted by
    applicable law;
  2. You have the right to request that we rectify any Personal Data we hold that is inaccurate or
    misleading;
  3. You have the right to request the erasure/deletion of your Personal Data (e.g. from our records). Please
    note that there may be circumstances in which we are required to retain your Personal Data, for example
    for
    the establishment, exercise or defense of legal claims;
  4. You have the right to object, to or to request restriction, of the processing;
  5. You have the right to data portability. This means that you may have the right to receive your Personal
    Data
    in a structured, commonly used and machine-readable format, and that you have the right to transmit that
    data to another controller;
  6. You have the right to object to profiling;
  7. You have the right to withdraw your consent at any time. Please note that there may be circumstances in
    which we are entitled to continue processing your data, in particular if the processing is required to
    meet
    our legal and regulatory obligations. Also, please note that the withdrawal of consent shall not affect
    the
    lawfulness of processing based on consent before its withdrawal;
  8. You also have a right to request certain details of the basis on which your Personal Data is transferred
    outside the European Economic Area, but data transfer agreements and/or other details may need to be
    partially redacted for reasons of commercial confidentiality;
  9. You have a right to lodge a complaint with your local data protection supervisory authority (i.e., your
    place of habitual residence, place or work or place of alleged infringement) at any time or before the
    relevant institutions in your place of residence. We ask that you please attempt to resolve any issues
    with
    us before you contact your local supervisory authority and/or relevant institution.
2. You can exercise your rights by contacting us at support@augmentai.com. You may use an authorized agent to submit
  a request on your behalf if you provide the authorized agent written permission signed by you. To protect
  your privacy, we may take steps to verify your identity before fulfilling your request. Subject to legal and
  other permissible considerations, we will make every reasonable effort to honor your request promptly in
  accordance with applicable law or inform you if we require further information in order to fulfil your
  request. When processing your request, we may ask you for additional information to confirm or verify your
  identity and for security purposes, before processing and/or honoring your request. We reserve the right to
  charge a fee where permitted by law, for instance if your request is manifestly unfounded or excessive. In
  the event that your request would adversely affect the rights and freedoms of others (for example, would
  impact the duty of confidentiality we owe to others) or if we are legally entitled to deal with your request
  in a different way than initial requested, we will address your request to the maximum extent possible, all
  in accordance with applicable law.
3. Deleting your account: Should you ever decide to delete your account, you may do so over the AugmentAI
  Products or by emailing support@augmentai.com. If you terminate
  your account, any association between your account and Personal Data we store will no longer be accessible
  through your account. However, given the nature of sharing on certain services, any public activity on your
  account prior to deletion will remain stored on our servers and will remain accessible to the public.
4. The rights above apply to our registered customers using the Software. For clarity, our policy is to
  respect the above rights, and with respect to any data subject with whom we can associate their Personal
  Data, all in coordination with you or the relevant customer.
USE BY CHILDREN

We do not offer our products or services for use by children and,
therefore, we do not knowingly collect Personal Data from, and/or about children under the age of eighteen
(18). If you are under the age of eighteen (18), do not provide any Personal Data to us without involvement
of a parent or a guardian. If you believe that we might have any such information, please contact us at support@augmentai.com.
INTERACTION WITH THIRD PARTY PRODUCTS

We enable you to interact with third party websites,
mobile software applications and products or services that are not owned or controlled by us (each a
“Third Party Service”). We are not responsible for the privacy practices or the content of
such Third Party Services. Please be aware that Third Party Services can collect Personal Data from you.
Accordingly, we encourage you to read the terms and conditions and privacy policies of each Third Party
Service.
INTERACTION WITH THIRD PARTY PRODUCTS

We enable you to interact with third party websites,
mobile software applications and products or services that are not owned or controlled by us (each a
“Third Party Service”). We are not responsible for the privacy practices or the content of
such Third Party Services. Please be aware that Third Party Services can collect Personal Data from you.
Accordingly, we encourage you to read the terms and conditions and privacy policies of each Third Party
Service.
LOG FILES
We use log files. Regarding your use of the Website and/or the Software, the
information inside the log files includes internet protocol (IP) addresses, type of browser, Internet
Service Provider (ISP), date/time stamp, referring/exit pages, clicked pages and any other information your
browser may send to us. We use such information to analyze trends, administer the Website and/or Software,
track users’ movement around the Website and/or Software, and gather demographic information.
ANALYTIC TOOLS
- Google Analytics. The Website uses a tool called “Google Analytics” to collect information
  about use of the Website. Google Analytics collects information such as how often users visit this Website,
  what pages they visit when they do so, and what other websites they used prior to coming to this Website. We
  use the information we get from Google Analytics to maintain and improve the Website and our products. We do
  not combine the information collected through the use of Google Analytics with personal information we
  collect. Google’s ability to use and share information collected by Google Analytics about your visits to
  this Website is restricted by the Google Analytics Terms of Service, available at https://marketingplatform.google.com/about/analytics/terms/us/,
  and the Google Privacy Policy, available at http://www.google.com/policies/privacy/. You may
  learn more about how Google collects and processes data specifically in connection with Google Analytics
  at http://www.google.com/policies/privacy/partners/.
  You may prevent your data from being used by Google Analytics by downloading and installing the Google
  Analytics Opt-out Browser Add-on, available at https://tools.google.com/dlpage/gaoptout/.
- SPECIFIC PROVISION APPLICABLE UNDER CALIFORNIA PRIVACY LAWS
  1. Our California Do Not Track Notice: Do Not Track (“DNT”) is a privacy preference that
    users can set in certain web browsers. Please note that we do not respond to or honor DNT signals or similar
    mechanisms transmitted by web browsers.
  2. California Privacy Rights: California Civil Code Section 1798.83 permits our customers
    who are California residents to request certain information regarding our disclosure of Personal Data to
    third parties for their direct marketing purposes. To make such a request, please send an email to
    support@augmentai.com. Please note that we are only required to respond to one request per customer each
    year.
  3. Deletion of Content from California Residents: If you are a California resident under
    the age of 18 and a registered user, California Business and Professions Code Section 22581 permits you to
    remove content or Personal Data you have publicly posted. If you wish to remove such content or Personal
    Data and you specify which content or Personal Data you wish to be removed, we will do so in accordance with
    applicable law. Please be aware that after removal you may not be able to restore removed content. In
    addition, such removal does not ensure complete or comprehensive removal of the content or Personal Data you
    have posted and that there may be circumstances in which the law does not require us to enable removal of
    content.
APPLICATIVE DATA RETENTION
1. Applicative Data uploaded through the API which is not deleted by the user upon completion of a job is
  erased automatically, through AWS settings, within 24h.
2. While in the storage, awaiting processing or deletion, the data is not accessed for any purpose,
  including not accessed for model training.
3. Users may set a “persist” flag when uploading the data via the API in which case it will be kept, on an
  encrypted AWS S3 storage, until erased by the user (See the delete function for every entry in the api doc).
4. Applicative Data uploaded through the web studio.augmentai.com is
  kept as persistent until erased by the user at the studio website. Data uploaded to the studio will be
  visible in the studio’s webpage and may be deleted by the user at any time.
5. The user may query the SaaS API for all persistent data elements. Those can be erased via the Delete
  APIs at any time.
6. AugmentAI may delete the information 14 days after contract expiration and after sending an email
  notification.
7. Data of inactive users, i.e. users who did not log in for a consecutive period of 180 days, will be
  deleted after 14 days and after sending an email notification.
CONTACT US
1. If you have any questions, concerns or complaints regarding our compliance with this notice and the data
  protection laws, or if you wish to exercise your rights, we encourage you to first contact us at support@augmentai.com, or AugmentAI LLC, PO Box 511, Stamford, CT
  06904