In this Privacy Policy:

• We'll use the term "Site" to describe our website.
• We'll use the term "Services" to encompass all the products and services we offer, both individually and collectively.
• We'll address you, the individual or organization accessing our Site or utilizing our Services, as "you" or "your". If you're a purchaser of our Services, we'll refer to you as our "customer".

Explanation of Terms

Data Controller: According to the general data protection regulations, the "Data Controller" is the organization responsible for determining the purposes and methods of processing any Personal Information. Our customers serve as the Data Controllers.

Data Processor: A "Data Processor" is an organization that processes Personal Information on behalf of a Data Controller. We act as the Data Processor for our customers and adhere to the regulations outlined in the General Data Protection Regulations (GDPR).

Data Processing: Data processing involves any operation or series of operations, whether automated or not, performed on Personal Information. The GDPR explicitly lists examples of data processing, including collection, recording, organization, storage, adaptation, alteration, retrieval, consultation, use, transmission, dissemination, alignment, combination, restriction, erasure, or destruction.

Personal Information: Personal information refers to any data that can identify you. This includes details such as your name, address, phone number, or email address. It also encompasses information about your activities on our Site or Services, as well as demographic information like date of birth, gender, location, and preferences, when linked to identifying personal details. Personal Information excludes "aggregate" or other non-personally identifiable information, which pertains to data collected about a group or category of products, services, or users without individual identification.

How We Gather Personal Information?

As a Data Processor, we gather Personal Information from Data Controllers through various means:

• Information directly provided by you.
• Information received from third parties.
• We may obtain information about you, including Personal Information, from additional third parties, and we might combine this data with other personal information we hold about you. Should we do so, this Privacy Policy oversees any merged information retained in personally identifiable form.

Types of Information We Gather

We may gather the following categories of personal information from you:

• Your first and last name, username and email address.
• The name of your company.
• Your (or your company’s) physical address.
• Information voluntarily provided by you through our Services (e.g., your birthdate and/or phone number).
• Information posted to, or gathered from, users of our Services. This data helps us operate, maintain, and provide you with the features and functionality of our Services.
• We may also collect and aggregate information about the usage of our Site and Services. This includes browser and device data, such as IP address, device type, screen resolution, browser type, operating system name and version, language, and browser add-ons. Additionally, this information may include usage data, such as pages visited and links clicked on our Site, time spent on pages, and referring pages.
• We might allow third-party online advertising networks to gather information (via Cookies or similar tracking technology) about your usage, as well as that of others, on our Services and any mobile or web applications you use. This allows these third-party networks to display ads that may be relevant to your interests on our Services and other websites or apps.

Purposes of Using Your Personal Information?

In accordance with this Privacy Policy, we will utilize your Personal Information to assist in providing our Services to you. The information we gather from you may be utilized in the following manners:

• Operating, maintaining, and delivering the features and functionality of the Services.
• Compiling statistics and analysis regarding the usage of our Site and Services.
• Personalizing your user experience.
• Improving our Site and Services based on the information and feedback we receive from you.
• Enhancing customer service by more effectively responding to your requests and support needs.
• Sending periodic emails, including information, notifications, updates, and relevant account-related communications.
• Facilitating your purchase, renewal, and appropriate use of commercial licenses for our Services if you make a purchase.
• Utilizing Personal Information for email marketing about Instagen AI products and services, inviting you to events or surveys, or communicating with you for marketing purposes. You have the option to opt-out of receiving such communications as described in the "Your Choices" section below.

Additionally, we may employ your Personal Information when necessary to fulfill a legal obligation, including sharing information with government and regulatory authorities when required by law or in response to legal processes, obligations, or requests.

We cooperate with government, law enforcement officials, or private parties to comply with and enforce the law. We may disclose your Personal Information to such entities when we believe it is necessary or appropriate to: (i) respond to claims or legal processes, including subpoenas; (ii) protect our rights and safety, as well as those of third parties or the general public; and (iii) halt any activity we deem illegal, unethical, or actionable under the law.

We will request Your Agreement before we use or disclose your Personal Information for a materially different purpose than those set forth in this Policy.

Your Choices About Your Personal Information

We might utilize the information we gather to directly communicate with you, including sending email marketing messages about Instagen AI. If you prefer not to receive such emails, you'll have the option to opt out, and we'll strive to honor your request promptly. Even if you opt out of marketing messages, you'll still receive administrative communications from us regarding our Services, such as account verification, purchase confirmations, updates to features, and technical notices

Furthermore, you can opt out of allowing third-party online advertising networks to collect information from our Site by adjusting your browser settings on your computer or mobile device. Consult your device or browser's technical documentation for guidance on deleting and disabling cookies and other tracking tools.

Safeguarding Personal Information

Instagen AI is committed to safeguarding your Personal Information by implementing appropriate security measures tailored to the associated risks. We employ organizational, technical, and administrative protocols to prevent unauthorized access, deletion, loss, alteration, or misuse of your data. However, it's essential to acknowledge that no system can offer absolute security. If you suspect any security issues during your interaction with us, please notify us promptly.

You are responsible for maintaining the secrecy of your unique password and account information, and for controlling access to your email communications from Instagen AI. Your privacy settings may also be affected by changes to the functionality of third-party sites and services that you add to the Instagen AI Service, such as single sign on. Instagen AI is not responsible for the functionality or security measures of any third party. Upon becoming aware of a breach of your Personal Information, we will notify you as quickly as we can and will provide timely information relating to the breach as it becomes known in accordance with any applicable laws and regulations or as is reasonably requested by you.

It's your responsibility to maintain the confidentiality of your password and account details, as well as manage access to your email communications from Instagen AI. Please be aware that changes to third-party services integrated into the Instagen AI platform, such as single sign-on functionality, may affect your privacy settings. We do not assume responsibility for the functionality or security of third-party services. In the event of a Personal Information breach, we will promptly inform you and provide relevant information in accordance with applicable laws or upon your reasonable request.

Safeguarding Personal Information

We utilize cookies to enhance your browsing experience in several ways. These include retaining information so you don't have to re-enter it during your current or subsequent visits to the site, storing your preferences for future visits, compiling anonymized data about site traffic and user interactions, and delivering personalized content, support, or information, including advertisements. Session cookies, which are deleted when you log off from the Services or close your browser, and persistent cookies are employed. While most browsers automatically accept cookies, you have the option to adjust your browser settings to decline cookies automatically or prompt you before accepting them. However, please be aware that rejecting cookies may limit your access to certain portions or features of the site or services.

Access to Your Personal Information by Instagen AI

Selected staff members have permission to retrieve Personal Information in order to assist customers with inquiries regarding our Services, security investigations, or troubleshooting issues related to bug fixes.

Do we disclose any information to outside parties?

With the exception of the conditions specified below, we refrain from selling, trading, or transferring your Personal Information to external parties.

• We may share your Personal Information with other companies owned by or under common ownership as Instagen AI, which also includes our subsidiaries (i.e., any organization we own or control).
• These companies will use your Personal Information in the same way as we can under this Privacy Policy, unless otherwise specified.
• We may disclose your Personal Information to third-party service providers (for example, payment processing and data storage and processing facilities) that we use to provide the Services.
• We limit the Personal Information provided to these service providers to that which is reasonably necessary for them to perform their functions, and we require them to agree to maintain the confidentiality of such Personal Information.
• We may contract with third-party service providers to assist us in better understanding our Site visitors.
• These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business.
• We may also release your Personal Information when we believe release is appropriate to comply with the law, enforce our site policies, or protect our or others’ rights, property, or safety.
• Specifically, we may disclose your Personal Information to third parties under certain circumstances: (i) to comply with applicable laws, regulations, subpoenas, court orders, legal processes, or government requests; (ii) to enforce our Terms of Service, including investigating potential violations; (iii) to investigate and defend against claims or allegations from third parties; (iv) to protect the rights, property, or safety of Instagen AI, its users, or the public, as required or permitted by law; and (v) to identify, prevent, or address criminal activities, including fraud or stalking, as well as security or technical issues.
• If you decide to make your Instagen AI applications public, any information or content you choose to share within your application will be accessible to the general public. Even if you delete this information from the platform, copies may still be visible in cached or archived pages of the Service, or if other users have saved or copied that information.
• If we engage in or plan to engage in a business transaction that changes the structure of our company, such as a merger, reorganization, joint venture, sale, or change of ownership, we may share Personal Information to facilitate and finalize the transaction.

Handling Global Transfers and Processing of Your Personal Information

Your Personal Information might be stored and processed in any country where we operate or use service providers. This means that we may collect, transfer, store, and process your Personal Information in countries outside of your own. For instance, some of our third-party providers may be situated in different countries. In such cases, we will implement appropriate security measures to ensure that your privacy rights remain protected, as detailed in this Privacy Policy. By providing your Personal Information, you consent to its transfer, storage, and processing as described.

If you reside in the European Union or other regions where data collection and usage laws differ from those in the U.S., please be aware that we may transfer information, including Personal Information, to a country or jurisdiction with different data protection laws. If we transfer your Personal Information from the EU to the United States for processing, we do so in compliance with relevant regulations. Additionally, in certain circumstances, we may need to disclose personal information in response to lawful requests from public authorities, including those related to national security or law enforcement.

Storage of Your Personal Information

We keep your Personal Information for the duration required to fulfill our Services. Even after we stop providing Services to you, we may retain Personal Information as necessary to meet our legal obligations. When retaining data, we adhere to any time limits and records retention requirements stipulated by relevant laws.

External Links from Third Parties

The Services might offer links to other websites. These websites function independently from us and maintain their own privacy policies and notices, which we recommend you review. If a linked website is not owned or controlled by us, we are not accountable for its content or privacy practices.

Your Agreement

By using our site, you consent to this Privacy Policy.

Underage Individuals

Our Services are not intended for individuals under the age of thirteen, and we respectfully ask that they refrain from providing any Personal Information through the Services.

Your Entitlements

Other rights you have include the rights to:

• Ask for a copy of your Personal Information
• Ask us to correct your Personal Information that is inaccurate, incomplete, or outdated
• Ask us to transfer your Personal Information to other organizations.
• Ask us to erase certain categories or types of information
• If you choose to remove your Personal Information, you acknowledge that we may retain archived copies of your Personal Information in order to satisfy our legal obligations, or where we reasonably believe that we have a legitimate reason to do so.
• Ask us to restrict certain processing
• You have the right to object to processing of Personal Information. Where we have asked for Your Agreement to process information, you have the right to withdraw this consent at any time.

Revisions to Our Privacy Policy

If we make changes to our privacy policy, we will update this page to reflect those changes. In the event that we intend to use Personal Data collected through the Site in a significantly different manner than stated at the time of collection, we will notify users via email and/or by posting a notice on our Site at least 30 days prior to implementing such changes, or by other means as mandated by law.

Special Provisions by Jurisdiction

• Residents of the European Economic Area and Switzerland: The Data Protection Officer can be contacted at [email protected]

Getting in Touch

If you would like to submit a data rights request (also known as a data subject access request), please email [email protected].

If you have any other questions, comments, or concerns about this privacy policy, please contact us using the following contact information:

Instagen AI (Eigen Inc.)
Attn: Privacy
88 Webster Ave
Cambridge, MA 02141
[email protected]

Instagen AI, (Eigen Inc.) Privacy Policy
Last Updated: June 27, 2023