Privacy Policy
UPDATED
December 12, 2023

Introduction

Access to Tools Inc. ("Company," "our," "we", "us") respects your privacy and is committed to protecting it through our compliance with this Privacy Policy. This Privacy Policy is part of our Terms of Use available here. We understand that you may share valuable proprietary and confidential information with us as you use the Company's website and services (collectively, the "Platform"), and we want you to understand that we take the security of this important information very seriously.

In this Privacy Policy we describe the types of information we may collect from you or that you may provide when you use the Platform, plus our practices for collecting, using, protecting, and disclosing that information. This Privacy Policy does not apply to information collected by any third party, including through any application or content that may link to or be accessible from or on the Platform, but we name these third parties specifically in this Privacy Policy so you can review their privacy policies and understand how they may use your information.

Please read this Privacy Policy carefully to understand our policies and practices regarding your information and how we will treat it, as you agree to this Privacy Policy by using the Platform and/or creating an account on the Platform. If you do not agree with our policies and practices, do not use the Platform.

Collection of Personal Information

You must provide certain information to use the Platform, both for account set-up purposes and then to use the Platform's services and functionalities. The Company will use this information to identify users and provide them with services, support, sales and marketing, billing, and to meet contractual obligations. Some of this information may include personally identifiable information ("PII") in the following categories:

  • Information to create an enterprise account for your organization, such as your organization address, contact information, and personnel names;
  • Information needed to create Platform accounts for your organization's individual users, such as name, email address, job role, location, and other information the individual may voluntarily enter into their profile, such as job description and LinkedIn profile connection;
  • Billing information used to pay for the Services, such as credit card information, address, and billing contact information;
  • Information that is ascertained through our use of third-party applications, including but not limited to your user behavior and trends (described further below);
  • Other information voluntarily entered by users that may include PII, such as brand or marketing information for a user's organization, comments about information or data on the Platform, messages to other users within the same organization, and emails or other communications to the Company for support purposes;
  • Usage information and details, such as information about how you use the Platform, including the actions you take, the content you generate, and the content you upload; and
  • Technical usage information, such as IP address, unique device identification numbers, browser type, geographic location, log data, and other technical information.

Excluded Information: We do not knowingly collect any sensitive information from you, such as information about your race or ethnic origin, political opinions, religion, or health.

We collect information in two ways, including:

  • Directly from you when you provide it to us, such as signing up for an account, uploading information or content onto the Platform, or commenting on a report within your organization's Platform account; and
  • Automatically as you navigate through the Platform, such as usage details, IP addresses, web browser preferences, and information collected through cookies and other tracking technologies.

In some countries, including countries in the EEA, the information referenced above in this Privacy Policy may be considered personal information under applicable data protection laws. If you do not want us to collect this information, do not use the Platform.

A Note about User Contributions:

You may provide information to be published or displayed (hereinafter, "posted") on public areas of the Platform, or transmitted to other users of the Platform or third parties (collectively, "User Contributions"). Your User Contributions are only posted within your organization's internal Platform account, so they can only be viewed by users who have been given access by your organization, but they are still posted and transmitted to others at your own risk. We cannot control the actions of other users of the Platform with whom you may choose to share your User Contributions.

Additionally, account administrators for each organization give access to the organization's internal Platform account in their sole discretion and we do not separately verify the veracity or credibility of any Platform users. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

We reserve the right, at the Company's sole discretion, to remove, either temporarily or permanently, any User Contribution for any reason whatsoever. However, our right to remove any User Contribution does not obligate the Company to police, review, or verify User Contributions in any way. The Company is not liable for any User Contributions.

Use of Personal Information

We use the information that we collect about you or that you provide to us, including any PII:

  • To develop, modify, and improve the Platform and the services and functionalities we provide through the Platform.
  • To provide the Platform to you, such as creating an account for you and making the information and content used by your organization available to all authorized organization users.
  • To provide you with information, products, or services that you request from us.
  • To provide you with notices about your account and/or subscription, including billing, expiration, and renewal notices.
  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
  • To notify you about changes to the Platform or any services we offer or provide though it.
  • In any other way we may describe when you provide the information.

All the data we collect at on the Platform is necessary for the Company to deliver the Platform to you and other users. The amount of data we collect has been minimized wherever possible to respect your privacy.

Sharing and Disclosure of Information

We may disclose information that we collect or you provide with parties related to the Company who work on or are involved with the operation of the Platform, such as our employees, contractors, subsidiaries, and affiliates, or to a buyer or other successor in the event of a merger, reorganization, dissolution, or other sale or transfer of some or all of the Company's assets, in which information held by the Company about the Platform users is among the assets transferred.

Additionally, we may disclose information that we collect or you provide with third parties that we use to support our business and improve the Platform, including:

  • AI Processing and Language Model Services: We may share PII with AI and language model service providers such as Anthropic (Claude), OpenAI, Langfuse, and Weaviate to significantly enhance the intelligence and efficiency of our Platform. This sharing enables these advanced AI systems to process and analyze PII, leading to more personalized and responsive user experiences. The data also aids in refining AI algorithms, ensuring detailed production tracing and improving the overall quality and accuracy of the AI-driven features on our Platform.
  • Cloud Hosting and Data Management Services: We may share PII with cloud hosting and data management services such as Vercel, Google Cloud Platform (GCP), and GitHub in order to optimize the performance and security of our Platform. This information helps these services tailor their hosting and data management solutions to our specific needs, ensuring a secure, efficient, and reliable infrastructure. The shared PII also allows for better management of our Platform's resources, enhances the security of our data storage, and facilitates efficient code management and operational improvements.
  • Email and Communication Services: We may share PII with email and communication services such as Resend, React Email, and MailSlurp to personalize and enhance our communication strategies. This sharing is essential for ensuring the delivery of transactional emails, creating responsive and customized email content, and managing SMS and email communications effectively. By sharing PII, we can tailor our communication to the specific needs and preferences of our users, improving engagement and ensuring efficient and secure user interactions.
  • Data Processing and Analysis Services: We may share PII with data processing and analysis services such as Unstructured.io, YouTube, and Prisma Accelerate in order to enhance our data analysis capabilities. This collaboration allows us to transform unstructured data into valuable insights, retrieve and analyze video content for deeper understanding, and optimize database operations for better performance.
  • Logging and Analytics Services: We may share PII with logging and analytics platforms such as LogRocket, Amplitude, Google Analytics, and Langfuse AI analytics. For more information, see the Cookies and Third-Party Analytics Services section below.

Finally, we may disclose information that we collect or you provide to comply with any court order, law, or legal process, including to respond to any government or regulatory request; with other users in your organization who also have access to your organization's internal Platform account; to fulfill the purpose for which you provide it (e.g., if you give us an email address to use the "email another user" feature of the Platform, we will transmit the contents of that email and your email address to the recipients); if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our users, or others; or any other purpose disclosed by us when you provide the information.

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

AI Processing Services and Your Information

At this time, the Company uses third party APIs for the artificial intelligence processing of information and data entered into the Platform, including OpenAI and Anthropic (Claude). Understanding that our customers' data and information is of utmost importance to them, the Company chose these companies with great care and concern because of their commitment to not sharing or using information received through their APIs for their own business purposes (such as training their models). These companies also state that they use the best security controls for all information shared with them. You can review OpenAI's statement about their security and privacy commitments here and Amplitude's statements here (3rd bullet point).

Although we have great confidence in OpenAI and Anthropic (Claude), ultimately the Company cannot control their information usage or security practices. Therefore, while the Company will endeavor to monitor these companies' security controls and compliance to ensure that they are adhering to their privacy policies and claims, you understand and agree that the Company is not responsible or liable for any data leaks or breaches, or other acts or omissions, of any third party service providers that the Company uses for the Platform, including any artificial intelligence processing service providers.

Additionally, the Platform may contain links that lead to other websites, and the Company is not responsible for the privacy practices, content, and/or activities of these linked websites. Nonetheless, we seek to protect the integrity of the Platform and welcome any feedback about these external websites.

Legal Basis for Processing Personal Information

We only process your personal information when we believe it is necessary and we have a valid legal reason to do so under applicable law. Our legal basis for collecting and using the personal information described in this Privacy Policy will depend on the personal information concerned and the specific context in which we collect it. However, we will normally process your personal information only:

  • When we have your consent to use your personal information for a specific purposes (you can withdraw your consent at any time, refer to "Accessing, Correcting, and Withdrawing Your Information" below;
  • When we need your personal information to perform a contract with you or the organization on whose behalf you are using the Platform, such as providing services that you or the organization you are affiliated with requested from us;
  • When we believe that processing your information is reasonably necessary to achieve our legitimate business interests and those interests are not overridden by your rights or interests;
  • When we believe it is necessary for compliance with our legal obligations, such as to cooperate with a law enforcement body or regulatory agency; or
  • When we believe it is necessary to protect your vital interests or the vital interests of a third party, such as situations involving potential threats to the safety of a person.

Data Retention

We retain personal information we collect from you where we have an ongoing legitimate business need to do so (for example, to provide you with a service you or your organization have requested or to comply with applicable legal, tax, or accounting requirements).

When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible. We may retain information in an anonymous or aggregated form where that information would not identify you personally indefinitely.

Cookies and Third-Party Analytics Services

The Platform uses third-party analysis and tracking services to track the performance of our Platform and Services, understand how you use the Platform and our Services, and offer you an improved and safer experience. By using these third party services, the Company is necessarily sharing your information with these third-party analysis and tracking service companies to receive their services.

Information on your usage of our Services may be collected and processed by the Company or a third party engaged by the Company using a unique identification number assigned to you. Such usage information will be deleted as soon as this information is no longer required for the purpose collected, and will not be shared with third parties until after being anonymized.

Your Consent for Company Tracking and Analysis

By using the Platform, you consent to the Company's usage of cookies and the below third-party services in on the Platform, and agree that the Company may collect your usage data under a unique identifier, for the purposes of tracking, analyzing, and improving our Services.

You may withdraw your consent at any time, by either disabling cookies on your device or following the instructions on how to withdraw your consent individually for each third-party provider the Company uses for its third party tracking and analysis services, as described below.

Tracking: Cookies and Web Beacons

We use cookies for the Platform, which are small text files that are intended to make the Platform better for you to use. In general, cookies are used to retain preferences, store information for features like shopping carts, and provide tracking data to third-party applications like Google Analytics. You can prevent cookies from being stored on your computer by changing your browser settings; however, if you choose to do this, your experience when using the Platform and the Services may be altered. We suggest consulting the help section of your browser or doing your own research on how to disable cookies in your web browser. We do not support "Do Not Track" requests sent from a browser at this time.

Please note that linked third-party websites may also use cookies. We cannot control the use of cookies by these third-party websites. For example, when you click on a link from the Platform to a third-party website, that website may have the ability to recognize that you have come from the Platform by using cookies. If you have any questions about how third-party websites use cookies, you should contact such third parties directly.

We may also employ software technology known as "web beacons" or "clear GIFs," which helps us keep track of what content on the Platform is effective. Web beacons are small graphics with a unique identifier that are used to track the online movements of Internet users. Web beacons are embedded in the web pages you review, so they are not stored on your hard drive. The web beacons we may use will not track or collect any personally identifiable information about you and they are in no way linked to your personally identifiable information.

Logging and Analytics Services

For logging and analytics, we share specific types of PII with platforms such as LogRocket, Amplitude, Google Analytics, and Langfuse AI analytics. This includes user interaction data, website navigation paths, engagement metrics, as well as detailed insights from production data, measuring quality through user feedback, model-based scoring, and custom scores. They also track cost and latency, broken down by user, session, geography, feature, model, and prompt version, along with volume based on ingested traces and tokens used. By sharing this data, we gain comprehensive insights into user behavior, Platform performance, and AI interaction trends. This strategic sharing of PII is crucial for continuously refining our platform, ensuring it's not only user-friendly but also highly responsive to our users' needs and the evolving landscape of AI-driven analytics.

Accessing, Correcting, and Withdrawing Your Information

You can review and change or delete your personal information by logging into the Platform and visiting your account profile page. You may also send us an email atsupport@brand.ai to request access to, correct, or delete any personal information that you have provided to us. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect. Additionally, if deleting your personal information would materially impact your organization's Platform account or information, we may contact your organization before deleting your information to determine the best way to honor your request while maintaining the security and integrity of the organization's information and data.

If you delete your User Contributions from the Platform, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other Platform users.

Children Under the Age of 13

The Platform is not intended for children under 13 years of age and you are not allowed to use the Platform or provide information on it if you are under 13 years of age. If we learn we have received personal information from or about a child under 13 without verification of parental consent, we will delete that information immediately. If you believe we might have any information from or about a child under 13, please contact us immediately at support@brand.ai.

If you are based in the European Economic Area ("EEA") you may only use the Platform if you are over the age at which you can provide consent to data processing under the laws of your country or if verifiable parental consent for your use of the Platform has been provided to us.

Transferring Your Information

The Company is a worldwide service, but it is based in the United States. Therefore your data may be transferred out of your home country and into the United States depending on where you are located. By using the Platform, you authorize us to transfer and store your information outside your home country, including in the United States, for the purposes described in this Privacy Policy. The privacy protections and the rights of authorities to access your information in these countries may not be the same as in your home country. We take additional measures when information is transferred from the European Economic Area (EEA). This includes having standard clauses approved by the European Commission in our contracts with parties that receive information outside the EEA. We also rely on European Commission adequacy decisions about certain countries, as applicable, for data transfers to countries outside the EEA.

Data Security

We seek to protect your PII from unauthorized access, use, and disclosure using appropriate physical, technical, organizational, and administrative security measures based on the type of PII and how we are processing that data. You should also help protect your information by appropriately selecting and protecting your password, limiting access to your computer or device and browser, and signing off after you have finished accessing your account.

Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to the Platform. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Platform.

EEA Users

You have options in relation to the information and data that we have about you. To exercise any of the options discussed below, please contact us at support@brand.ai. As a user of the Platform, you may exercise your user rights to:

  1. Request information on your personal data processed by the Company. Upon your request, this information will be provided to you electronically. If you reside in the EU or Switzerland, you may access your information by sending a request to the Company at the address specified in "Contact Us" information below. If you reside in California and have provided your personally identifiable information to us, you may request information once per calendar year about our disclosures of certain categories of your personally identifiable information to third parties for their direct marketing purposes. Such requests must be submitted in writing using the email address in the "Contact Us" section below.
  2. Gain access to your information by requesting a backup of your data in a format that is readable by other companies or organizations (data portability). We'll will make an effort to share this information with you within a reasonable time.
  3. Correct or delete your information in your profile settings available through the Platform.
  4. Withdraw your consent from data processing at any time by deleting your account and/or unsubscribing from our newsletter by clicking the link at bottom of the email. You may also contact support@brand.ai. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent.
  5. Request the complete deletion of your data, including all past data sent to third-party services used for tracking and analysis, by reaching out to support@brand.ai. Your data will be deleted within 30 days. We will not delete the posts or comments you've written and shared publicly, including on social media or in any review.
  6. Log a complaint with the relevant supervising authority if you believe the Company is processing your personal data under violation of applicable data protection regulations. For more information, please contact your local data protection authority.

We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws.

Changes to Our Privacy Policy

We will post any changes we make to our privacy policy on this page, so you are responsible for checking this page from time to time for any updates. We may also choose to post material changes on the Platform home page or send an email notification to the most recent email address that you provided to us, if any.

Organization and Contact Information

The Platform is property of Access to Tools, Inc., a Delaware corporation, d/b/a Brand.AI. For general information about the Platform, this Privacy Policy, or anything else, you can contact us at :

Michael Carter, Representative

support@brand.ai.

Michael Carter, Data Protection Officer

support@brand.ai