Privacy Policy

Interpretation

Capitalized words have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of this Privacy Policy:

• Account means a unique account created for You to access our Service or parts of our Service.
• Company(referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to MachGen, 5201 Great America Parkway, Suite 320, Santa Clara, CA 95054.
• Consumer, for the purpose of the CCPA (California Consumer Privacy Act), means a natural person who is a California resident.
• Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
• Country refers to: California, United States.
• Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
• Do Not Track (DNT) is a concept that has been promoted by US regulatory authorities for the Internet industry to develop and implement a mechanism for allowing internet users to control the tracking of their online activities across websites.
• Personal Data is any information that relates to an identified or identifiable individual.
• Service refers to the Website at machgen.ai.
• Service Provider means any natural or legal person who processes the data on behalf of the Company.
• Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself.
• You 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.

Types of Data Collected

Personal Data

While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:

• Email address
• First name and last name
• Usage Data

Usage Data

Usage Data is collected automatically when using the Service. It may include information such as Your Device's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

Tracking Technologies and Cookies

We use Cookies and similar tracking technologies to track the activity on Our Service and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze Our Service.

• Necessary / Essential Cookies (Session): required to provide You with services available through the Website and to enable You to use some of its features.
• Cookies Policy / Notice Acceptance (Persistent): identify if users have accepted the use of cookies on the Website.
• Functionality Cookies (Persistent): allow Us to remember choices You make such as remembering Your login details or language preference.
• Tracking and Performance Cookies (Persistent): administered by third parties; used to track information about traffic to the Website and how users use the Website.

The Company may use Personal Data for the following purposes:

• To provide and maintain Our Service, including monitoring usage.
• To manage Your Account and registration as a user of the Service.
• For the performance of a contract You enter with the Company.
• To contact You with updates, security alerts, and service-related communications.
• To provide You with news, special offers, and information about products and services similar to those You have already purchased or enquired about, unless You have opted not to receive such information.
• To manage Your requests.
• For business transfers, including in the context of a merger, divestiture, restructuring, or sale of some or all of Our assets.
• For data analysis, identifying usage trends, and improving Our Service.

We may share Your personal information in the following situations:

• With Service Providers to monitor and analyze use of Our Service.
• For business transfers (mergers, acquisitions, financings).
• With Affiliates, who are required to honor this Privacy Policy.
• With business partners to offer You certain products, services or promotions.
• With other users, when You share information in public areas.
• With Your consent, for any other purpose.

The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations, resolve disputes, and enforce our legal agreements and policies.

The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or when We are legally obligated to retain this data for longer time periods.

Your information, including Personal Data, is processed at the Company's operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to - and maintained on - computers located outside of Your state, province, country, or other governmental jurisdiction where the data protection laws may differ from those of Your jurisdiction.

The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.

Business Transactions

If the Company is involved in a merger, acquisition, or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.

Law Enforcement

Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Other Legal Requirements

The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:

• Comply with a legal obligation.
• Protect and defend the rights or property of the Company.
• Prevent or investigate possible wrongdoing in connection with the Service.
• Protect the personal safety of Users of the Service or the public.
• Protect against legal liability.

The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.

The Service Providers We use may have access to Your Personal Data. These third-party vendors collect, store, use, process and transfer information about Your activity on Our Service in accordance with their Privacy Policies.

Analytics

We may use third-party Service Providers to monitor and analyze the use of our Service.

• Google Analytics: a web analytics service offered by Google that tracks and reports website traffic. For more information on the privacy practices of Google, please visit policies.google.com/privacy.
• Segment: see segment.com/legal/privacy.

Email Marketing

We may use Your Personal Data to contact You with newsletters, marketing or promotional materials and other information that may be of interest to You. You may opt-out of receiving any, or all, of these communications from Us by following the unsubscribe link or instructions provided in any email We send, or by contacting Us.

Payments

We may provide paid products and/or services within the Service. In that case, We may use third-party services for payment processing (e.g. payment processors).

We will not store or collect Your payment card details. That information is provided directly to Our third-party payment processors whose use of Your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover.

• Stripe: stripe.com/us/privacy.

This Privacy Policy section for California residents supplements the information contained in Our Privacy Policy and applies solely to all visitors, users, and others who reside in the State of California.

Categories of Personal Information Collected

We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular Consumer or Device. The following is a list of categories of personal information which We may collect or may have been collected from California residents within the last twelve (12) months.

• Category A - Identifiers: Collected.
• Category B - California Customer Records: Collected.
• Category C - Protected Classifications: Not Collected.
• Category D - Commercial Information: Collected.
• Category E - Biometric Information: Not Collected.
• Category F - Internet or Network Activity: Collected.
• Category G - Geolocation Data: Not Collected.
• Category H - Sensory Data: Not Collected.
• Category I - Professional or Employment Information: Not Collected.
• Category J - Non-Public Education Information: Not Collected.
• Category K - Inferences: Not Collected.

Sources of Personal Information

• Directly from You. For example, from forms You complete or products and services You purchase.
• Indirectly from You. For example, from observing Your activity on Our Service.
• Automatically from You. For example, through cookies We or our Service Providers set on Your Device.
• From Service Providers. For example, third-party vendors to monitor and analyze the use of Our Service.

Use of Personal Information for Business Purposes

• To operate Our Service and provide You with Our Service.
• To provide You with support and to respond to Your inquiries.
• To fulfill or meet the reason You provided the information.
• To respond to law enforcement requests and as required by applicable law.
• As described to You when collecting Your personal information.
• For internal administrative and auditing purposes.
• To detect security incidents and protect against malicious or illegal activity.

Sale of Personal Information

As defined in the CCPA, “sell” and “sale” mean selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer's personal information by the business to a third party for valuable consideration.

Sale of Personal Information of Minors Under 16 Years of Age

We do not knowingly collect personal information from minors under the age of 16 through our Service, although certain third-party websites that we link to may do so. We do not sell the personal information of Consumers We actually know are less than 16 years of age, unless We receive affirmative authorization from either the Consumer who is between 13 and 16 years of age, or the parent or guardian of a Consumer less than 13 years of age.

• The right to notice: be properly notified about which categories of Personal Data are being collected and the purposes for which the Personal Data is being used.
• The right to request: disclosures about the collection, use, sale, disclosure for business purposes, and sharing of Personal Data, including specific pieces of Personal Data.
• The right to opt-out of sale: direct Us to not sell Your Personal Data.
• The right to delete: request the deletion of Your Personal Data, subject to certain exceptions.
• The right not to be discriminated against: not be denied service or charged different prices or rates for exercising Your CCPA rights.

Exercising Your CCPA Data Protection Rights

In order to exercise any of Your rights under the CCPA, and if You are a California resident, You can contact Us by email at privacy@machgen.ai.

We will respond to Your request within 45 days. The time period to provide the required information may be extended once by an additional 45 days when reasonably necessary and with prior notice.

You have the right to opt-out of the sale of Your personal information. Once We receive and confirm a verifiable consumer request from You, we will stop selling Your personal information.

You may also opt-out of receiving any interest-based advertisements through the following links:

• NAI Opt-Out
• EDAA Opt-Out
• DAA Opt-Out

The opt-out will place a cookie on Your Device that is unique to the browser You use to opt-out. If You change browsers or delete the cookies saved by Your browser, You will need to opt-out again.

Our Service does not respond to Do Not Track signals. However, some third-party websites do keep track of Your browsing activities. If You are visiting such websites, You can set Your preferences in Your web browser to inform websites that You do not want to be tracked.

Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.

Under California Civil Code Section 1798 (California's Shine the Light law), California residents with an established business relationship with us can request information once a year about sharing their Personal Data with third parties for the third parties' direct marketing purposes.

California Business and Professions Code Section 22581 allows California residents under the age of 18 who are registered users of online sites, services, or applications to request and obtain removal of content or information they have publicly posted.

Our Service may contain links to other websites that are not operated by Us. If You click on a third party link, You will be directed to that third party's site. We strongly advise You to review the Privacy Policy of every site You visit. We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

We may update Our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page and updating the “Effective Date” at the top of this Privacy Policy.

If You have any questions about this Privacy Policy, You can contact us by email at privacy@machgen.ai.