Privacy Notice
Last Updated: 26.11.2024
Privacy Notice of Memora AI s.r.o.
Memora AI s.r.o. ("Memora AI," "we," "us," or "our") is the Controller of the data processed through the mybabes platform and related services ("Services"). This Privacy Notice explains how Memora AI collects, uses, discloses, and protects your Personal Data in compliance with the EU General Data Protection Regulation (GDPR), UK GDPR, ePrivacy Directive, and the Swiss Federal Act on Data Protection (FADP).
By using the Services, you confirm that you have read and understood this Privacy Notice.
1. Definitions
For the purposes of this Privacy Notice:
- “Content”: The information provided by you to register and interact with the Services, including Personal Data and AI Companion interactions.
- “Personal Data”: Any information identifying or relatable to an individual (e.g., name, email, payment details, etc.).
- “Controller”: The entity determining the purposes and methods of processing Personal Data (in this case, Memora AI).
- “Processing”: Any operation on Personal Data, including collection, storage, usage, or deletion.
- “User”: Any individual who uses the Services.
- “Visitor”: Any individual browsing the Services without a subscription.
2. Personal Data We Process
Purpose of Processing
| Purpose | Categories of Personal Data | Legal Basis |
|---|---|---|
| Account Creation | Email, encrypted password, nickname, gender, first and last name (if provided via external authentication), country (via IP). | Contractual necessity |
| Account Management | Currency, country (via IP), token balance, account activity logs (login time, IP, session count). | Legitimate interest |
| Service Provision | AI Companion preferences (ethnicity, appearance, personality, voice, etc.), user prompts, generated content. | Contractual necessity |
| Customer Support | Contact form entries, device/browser information, cookies (for troubleshooting). | Legitimate interest |
| Payment Processing | Name, email, card details, payment transaction data, IP, device/browser data (processed via emerchantpay Ltd.). | Contractual necessity |
| Marketing | Name, email, marketing preferences. | Consent or legitimate interest |
| Analytics and Surveys | Account number, survey responses, market research data. | Consent |
| Legal Compliance | Supporting data for legal, regulatory, or tax purposes. | Legal obligation |
3. Marketing and Communication
We may send you updates, promotions, and offers related to the Services. These communications will be sent via email or other channels you provide. You can opt out at any time by:
- Clicking the “Unsubscribe” link in emails.
- Adjusting your preferences in your account settings.
- Contacting us at support@mybabes.ai.
Opting out of marketing does not affect communications essential to the Services, such as account notifications.
4. Sharing Your Personal Data
We may share your data with:
- Service Providers:
- emerchantpay Ltd.: An FCA-regulated electronic money institution (29 Howard Street, North Shields, Tyne and Wear, NE30 1AR, UK).
- Hosting and email marketing providers (primarily based in the US).
- Professional Advisors: Including legal, financial, and technical consultants as needed.
- Legal Authorities: Where required by law or in response to valid legal processes.
- Business Transitions: If Memora AI undergoes a merger, acquisition, or sale, Personal Data may be transferred as part of the transaction, subject to this Privacy Notice.
We do not sell, trade, or share your Personal Data with third parties for marketing purposes without your explicit consent.
5. Retention of Personal Data
We retain your Personal Data only as long as necessary:
- Account Data: Retained for 3-5 years post-account closure to handle inquiries or disputes.
- Financial Data: Retained for 7 years to comply with tax regulations.
- Marketing Data: Retained for 2 years after your last interaction or until consent is withdrawn.
After these periods, data is securely deleted or anonymized.
6. Rights Under GDPR and FADP
As a user, you have the right to:
- Access: Request a copy of the Personal Data we hold about you.
- Rectification: Correct inaccuracies in your Personal Data.
- Erasure: Request deletion of your data where legally applicable.
- Restriction: Limit how we process your data in specific circumstances.
- Portability: Receive your data in a machine-readable format or have it transferred to another service.
- Objection: Object to processing based on legitimate interest or direct marketing.
- Withdraw Consent: Revoke consent for processing activities at any time.
To exercise these rights, contact us at support@mybabes.ai.
7. Data of Minors
The Services are strictly for users aged 18 and above. We do not knowingly collect data from minors. If we discover that a user is under 18, we will delete their data and block access.
8. Data Security
We implement industry-standard security measures, including encryption, secure servers, and access controls, to safeguard your data against unauthorized access or breaches.
9. Changes to This Privacy Notice
We may update this Privacy Notice to reflect changes in our practices or applicable laws. Substantial changes will be communicated via email or in-app notifications. By continuing to use the Services 30 days after such updates, you accept the revised terms.
10. Contact Us
If you have questions or wish to exercise your rights, contact us:
Email: support@mybabes.ai
Mailing Address: Memora AI s.r.o., Písečná 451/6, Troja, 182 00 Praha 8, Czech Republic
We aim to respond to all legitimate requests within one month.