Privacy Policy

1. Definitions

In this Privacy Policy, unless the context requires otherwise:

• 1.1. "Controller": The entity that determines the purposes and means of processing Personal Data. For the purposes of this Privacy Policy, DPE Solutions, LLC is the Controller.
• 1.2. "Personal Data": Any information relating to an identified or identifiable natural person, such as your name, address, email address, date of birth, account information, or IP address.
• 1.3. "Processing": Any operation performed on Personal Data, including collection, recording, organization, structuring, storage, alteration, retrieval, use, disclosure, erasure, or destruction.
• 1.4. "Services": The website and online application provided by DPE Solutions, LLC at https://nemora.ai/.
• 1.5. "Subscription": An arrangement between you and DPE Solutions that enables you to access and use certain features of the Services.
• 1.6. "User," "you," and "your":Any person who accesses or uses our Services.
• 1.7. "Visitor": An individual who browses our Services without creating an account or entering into a Subscription.

2. Purpose of Personal Data Processing

We collect and process your personal data for various purposes, each justified by a specific legal basis under applicable data protection laws. Below is a summary of these purposes, the types of personal data involved, and the legal grounds for processing.

2.1. Account Registration

Purpose: To create and manage your user account for our Services.

Required Information:

• Email Address: Provided by you during registration.
• Password: Encrypted; provided by you.

Optional Information:

• Username or Screen Name: Chosen by you.
• Gender: Provided by you.
• First and Last Name: If you register using third-party authentication services like Google.

Automatically Collected Information:

• Account Creation Date and Time: Recorded when you sign up.
• Signup Method: Indicates how you registered (e.g., Google, Facebook, Email).

Legal Basis: Processing is necessary for the performance of a contract.

2.2. Account Management

Purpose: To maintain your account, personalize your experience, and respond to your inquiries.

Geographical Data:

• Currency Preference: Determined by your detected country.
• Country Information: Inferred from your IP address.

Account Activity Data:

• Token Balance or Credits: Reflects your purchases and usage.
• Last Account Update Timestamp: Indicates recent changes to your account.
• Sign-In Details: Includes current and previous sign-in dates, times, IP addresses, and total sign-in count.

Legal Basis: Our legitimate interest in effectively managing your account and providing customer service.

2.3. Service Delivery

Purpose: To provide and enhance the functionalities of our Services, including AI Character interactions.

• User Preferences: Attributes you select for AI Characters (e.g., ethnicity, age, eye color).
• User Inputs: Prompts and messages you enter to generate content.
• Generated Content: Interactions and content produced by AI Characters based on your inputs.

Legal Basis: Processing is necessary to perform the contract between you and Nemora AI.

2.4. Customer Support

Purpose: To address your questions, concerns, and technical issues.

• Support Communications: Information you provide when contacting us via forms or emails.
• Contact Information: Your email address and any other contact details you provide.
• Technical Data: Device type, operating system, and browser information to help diagnose issues.

Legal Basis: Our legitimate interest in providing effective support and improving user experience.

2.5. Payment Processing

Purpose: To process financial transactions for subscriptions, token purchases, and refunds.

• Payment Information: Details required by our payment processors, which may include:
• Name and Contact Details: Such as your full name and email address.
• Payment Method Details: Credit/debit card information or other payment credentials.
• Transaction Data: Amounts, dates, and related financial details.

Legal Basis: Processing is necessary for the performance of a contract.

2.6. Marketing Communications

Purpose: To send you updates, promotional materials, and information about new features or offers.

• Contact Information:
• Email Address: Provided by you.
• First and Last Name: If obtained through third-party authentication.
• Account Information: Such as your user ID or account number.

Legal Basis: Our legitimate interest in promoting our Services and keeping you informed about related offerings. We will obtain your consent where required by law, especially for communications involving third parties.

2.7. Analytics and Research

Purpose: To conduct surveys, collect feedback, and perform market research to improve our Services.

• Account Identifier: Your user ID or account number.
• Contact Information: Your email address.
• Survey Responses: Feedback and opinions you provide in surveys or questionnaires.

Legal Basis: Your explicit consent.

2.8. Safety and Security

Purpose: To maintain a safe environment by monitoring, detecting, and preventing fraudulent or malicious activities.

• Communication Content: Messages and interactions that may violate our terms.
• Report Details: Information related to any reports of abuse or violations.
• Account Data: User information associated with any flagged activities.

Legal Basis: Processing is necessary for compliance with legal obligations and for the performance of our contract with you, particularly concerning our Terms of Service.

2.9. Legal Compliance and Record-Keeping

Purpose: To fulfill legal obligations, respond to legal processes, and maintain accurate records for auditing and compliance purposes.

• Identification Data: Such as your name and contact details.
• Financial Records: Payment histories and transaction details.
• Authentication Data: Credentials and logs necessary for security audits.

Legal Basis: Processing is necessary for compliance with legal obligations and our legitimate interest in safeguarding our legal rights.

Note: Providing your personal data is essential for us to offer our Services. If you choose not to provide certain information, we may be unable to fulfill our contractual obligations, which could result in the cancellation of your access to the Services.

3. Marketing Communications

We may process your Personal Data to send you marketing communications about our Services that we believe may be of interest to you. This includes providing updates, promotional offers, newsletters, and information regarding new features or events. Such communications may be delivered to you via email, or other electronic means, in accordance with applicable laws and regulations.

3.1. Opt-Out Rights

You have the right to opt out of receiving marketing communications from us at any time. You may exercise this right by:

• Unsubscribing: Clicking the 'Unsubscribe' link located at the bottom of any marketing email you receive from us.
• Direct Contact: Reaching out to us using the contact information provided in Section 11 of this Privacy Policy.

Please note that opting out of marketing communications does not affect our ability to send you transactional or service-related communications that are necessary for the performance of our contractual relationship with you.

4. Third-Party Marketing

We are committed to protecting your Personal Data and will not share it with third-party organizations for their own marketing purposes without your explicit, informed consent. If you agree to such sharing, selected third parties may send you marketing communications about products or services that may be of interest to you.

4.1. Your Rights

You have the right to control the use and sharing of your Personal Data for third-party marketing. You may exercise this right in the following ways:

• Withdrawing Consent: You can withdraw your consent at any time by adjusting your marketing preferences within your account settings on our Services.
• Using Opt-Out Links: Follow the 'Unsubscribe' or opt-out instructions provided in any marketing email or communication you receive from third parties.
• Direct Contact: Contact us directly using the information provided in Section 11, and we will assist you in updating your preferences accordingly.

Please be aware that withdrawing your consent for third-party marketing communications will not affect the lawfulness of any processing carried out before your withdrawal. Additionally, this action does not impact our ability to send you necessary service-related communications pertinent to your use of the Services.

5. Disclosure of Your Personal Data

We may share your Personal Data with selected third parties in accordance with this Privacy Policy and applicable data protection laws. Such sharing is conducted solely for the purposes outlined below and with appropriate safeguards in place to protect your information.

5.1. Categories of Recipients

5.1.1. Service Providers

We engage trusted third-party companies and individuals to perform functions and provide services on our behalf, including:

• Payment Service Providers: Entities that process payment transactions for subscriptions, token purchases, and refunds.
• Hosting and Data Storage Providers: Companies that offer secure data storage and server hosting services.
• Email Marketing Services: Providers that assist in managing and delivering our marketing communications.
• Affiliate Program Platforms: Tools that facilitate the operation of our affiliate programs.

These service providers have access to your Personal Data only to perform specific tasks on our behalf and are obligated to protect your information and use it solely for the purposes for which it was disclosed.

5.1.2. Professional Advisors

We may disclose your Personal Data to our professional advisors, such as attorneys, accountants, and consultants, when necessary to obtain their services and advice. This disclosure is subject to confidentiality obligations and is done to comply with legal obligations or to protect our legitimate interests.

5.1.3. Legal and Regulatory Authorities

We may share your Personal Data with law enforcement agencies, regulatory bodies, or other governmental authorities if required to do so by law or in response to valid requests. This includes compliance with court orders, legal processes, or other legal obligations.

5.1.4. Corporate Transactions

In the event of a merger, acquisition, reorganization, sale of assets, or bankruptcy, your Personal Data may be transferred to the acquiring entity or other relevant third parties. We will ensure that any such parties are bound to respect your Personal Data in a manner consistent with this Privacy Policy and applicable data protection laws.

5.1.5. Internal Personnel

Access to your Personal Data within Nemora AI is restricted to employees and personnel who require such access to perform their duties. All personnel are subject to strict confidentiality obligations and are trained on the importance of privacy and data protection.

5.1.6. No Unauthorized Disclosure

We will not disclose, sell, trade, or otherwise transfer your Personal Data to third parties for their own marketing purposes without your explicit consent, unless otherwise specified in this Privacy Policy.

5.2. Security Measures

All third parties with whom we share your Personal Data are required to take appropriate security measures to protect your information in line with our policies. We do not allow our third-party service providers to use your Personal Data for their own purposes and only permit them to process your Personal Data for specified purposes in accordance with our instructions.

6. Retention of Your Personal Data

We retain your Personal Data only for as long as necessary to fulfill the purposes for which it was collected, including for the purpose of satisfying any legal, accounting, or reporting requirements. The criteria used to determine our retention periods include:

• Account Information: Retained for as long as your account is active and for a reasonable period thereafter in case you decide to reactivate the Services. Typically, this period extends up to three to five years after your last use of the Services.
• Financial and Transactional Data: Retained for a period of seven years from the date of the transaction to comply with tax and accounting regulations.
• Marketing Data: Retained until you withdraw your consent or opt out of communications. If no action is taken, retained for up to two years after your last interaction with us.
• Legal Obligations and Disputes: Retained for as long as required under applicable laws for compliance, dispute resolution, or enforcement of agreements.

After the applicable retention period has expired, we will securely dispose of your Personal Data in accordance with applicable laws and regulations.

7. Personal Data of Minors

Our Services are intended for individuals 18 years of age or older. We do not knowingly collect Personal Data from anyone under 18. If we become aware that we have collected data from a minor without proper consent, we will promptly delete it and terminate the account.

If you believe we might have information from or about a minor, please contact us immediately at [email protected].

8. Links to Third-Party Websites

Our Services may contain links to external websites or applications operated by third parties. We are not responsible for the content or privacy practices of these external sites.

Recommendation: We encourage you to review the privacy policies of any third-party websites you visit to understand how they collect and use your Personal Data.

9. Your Rights Under the General Data Protection Regulation (GDPR)

As a user of our Services located in the European Economic Area, you have specific rights regarding your Personal Data under the GDPR. We are committed to facilitating the exercise of these rights in a transparent and accessible manner.

9.1. Right of Access

You have the right to request confirmation as to whether we are processing your Personal Data. If so, you may request access to the Personal Data we hold about you, including information on:

• Purpose of Processing
• Categories of Data
• Recipients
• Retention Period
• Your Rights
• Complaint Process
• Data Source
• Automated Decision-Making

9.2. Right to Rectification

You have the right to request the correction of any inaccurate or incomplete Personal Data we hold about you. We will promptly update our records and inform any third parties with whom we have shared your data, unless this proves impossible or involves disproportionate effort.

9.3. Right to Erasure ("Right to be Forgotten")

You may request the deletion of your Personal Data under certain circumstances, such as when:

• The data is no longer necessary for the purposes for which it was collected.
• You withdraw your consent, and there is no other legal basis for processing.
• You object to the processing, and there are no overriding legitimate grounds.
• The Personal Data has been unlawfully processed.
• Deletion is required to comply with a legal obligation.

Please note that we may not be able to comply with your request if the processing is necessary for compliance with a legal obligation or for the establishment, exercise, or defense of legal claims.

9.4. Right to Restrict Processing

You have the right to request the restriction of processing of your Personal Data in certain situations:

• Data Accuracy Dispute: You contest the accuracy of your Personal Data, and we need time to verify its accuracy.
• Unlawful Processing: The processing is unlawful, and you oppose erasure, requesting restriction instead.
• Legal Claims: We no longer need your Personal Data for processing, but you require it to establish, exercise, or defend legal claims.
• Objection Pending Verification: You have objected to processing pending verification of whether our legitimate grounds override yours.

9.5. Right to Data Portability

You have the right to receive the Personal Data you have provided to us in a structured, commonly used, and machine-readable format. You also have the right to transmit this data to another controller where the processing is based on your consent or a contract and is carried out by automated means.

9.6. Right to Withdraw Consent

If we are processing your Personal Data based on your consent, you have the right to withdraw that consent at any time. Withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal.

9.7. Right to Object

You have the right to object to the processing of your Personal Data when it is based on legitimate interest. We will cease processing your data unless we can demonstrate compelling legitimate grounds that override your interests or if processing is necessary for legal claims.

9.8. Right to Object to Direct Marketing

You have the right to object at any time to the processing of your Personal Data for direct marketing purposes, including profiling related to marketing.

9.9. Rights Related to Automated Decision-Making

You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you, except where necessary for performing a contract, authorized by law, or based on your explicit consent.

9.10. Right to Lodge a Complaint

If you believe that our processing of your Personal Data infringes the GDPR, you have the right to lodge a complaint with a supervisory authority in the EU member state of your residence, place of work, or where the alleged infringement occurred.

To exercise any of your rights, please contact us using the information provided in Section 11. We may need to verify your identity before fulfilling your request to protect your privacy and security.

10. International Data Transfers

We may transfer your Personal Data to countries outside your jurisdiction, including those that may not offer the same level of data protection. We ensure that appropriate safeguards are in place to protect your information in accordance with data protection laws.

Your Rights Regarding Data Transfers

You have the right to request information about the safeguards we have implemented for transferring your Personal Data outside your jurisdiction. These safeguards may include:

• Standard Contractual Clauses: Contractual obligations approved by relevant authorities to ensure adequate protection.
• Binding Corporate Rules: Internal policies governing intra-group data transfers approved by data protection authorities.

To obtain more information or request a copy of these safeguards, please contact us using the details provided in Section 11.

11. Contact Us

We value your privacy and welcome any questions, concerns, or requests you may have regarding this Privacy Policy or our handling of your Personal Data. To exercise your rights or for inquiries, please reach out to us:

Email: [email protected]

Mailing Address:
DPE Solutions, LLC
[Company Address]
[City], [Postal Code]
[Country]

Response Time

We will acknowledge receipt of your request promptly and aim to respond fully within one month, as required by law. If your request is complex or involves multiple requests, we may extend this period by up to two additional months. We will inform you of the extension and reasons for the delay.

Right to Lodge a Complaint

If you are not satisfied with our response or believe we are processing your Personal Data unlawfully, you have the right to lodge a complaint with your local data protection authority.

12. Data Security

We are committed to protecting your Personal Data and have implemented appropriate technical and organizational measures to prevent unauthorized access, alteration, disclosure, or destruction. These measures include:

• Encryption: Industry-standard encryption protocols to safeguard data during transmission and storage.
• Access Controls: Personal Data is accessible only to authorized personnel for legitimate business purposes.
• Secure Storage: Data stored on secure servers with robust firewalls and intrusion detection systems.
• Regular Monitoring: Regular security assessments and audits to identify and mitigate potential vulnerabilities.
• Employee Training: Ongoing training on data protection best practices and confidentiality obligations.

Your Responsibilities

While we strive to protect your Personal Data, it is important for you to also take steps to safeguard your information. Keep your account credentials confidential and notify us immediately if you suspect unauthorized use of your account.

13. Changes to This Privacy Policy

We may update this Privacy Policy periodically to reflect changes in our practices, legal requirements, or for other operational reasons. When we make significant changes, we will:

• Notification: Post the updated Privacy Policy on our Services with a new revision date.
• Direct Communication: Where required, notify you via email or through prominent notices within the Services.

Your Continued Use Constitutes Acceptance: By continuing to use our Services after such changes have been made, you acknowledge and agree to the updated terms of the Privacy Policy.

We encourage you to review this Privacy Policy regularly to stay informed about how we are protecting your Personal Data.