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PRIVACY POLICY
Last modified March 27, 2024
1. WELCOME!
Welcome to Touchy.ai! We ar fully dedicated to safeguarding your privacy and this Privacy Policy ("Policy") outlines how we collect, use, and share Personal Information, provides details about your Rights & Choices, and furnishes other essential information regarding the handling of your Personal Information.
2. SCOPE OF THIS POLICY
This Policy applies to your ("you") use of the Touchy.ai website (the "Website"), encompassing all Content (as defined in the Terms of Use) available on the Website, the Touchy.ai mobile application for customers available through Apple’s App Store or the Google Play Marketplace (the "App(s)"), or by accessing any associated content such as email feeds, feeds through apps, or other related services provided by Touchy.ai (collectively the "Service").
ATTENTION: BEFORE ACCESSING OR USING THE SERVICE, PLEASE CAREFULLY READ OUR PRIVACY POLICY. YOUR ACCESS OR USE OF THE SERVICE INDICATES YOUR FULL ACCEPTANCE OF THIS PRIVACY POLICY. IF YOU DO NOT ACCEPT THIS PRIVACY POLICY, PLEASE DO NOT ACCESS OR USE THE SERVICE. By accessing or using the Service, you acknowledge (a) reading and understanding this Privacy Policy; (b) accepting and consenting to the collection, use, and sharing of your personal information described herein; and (c) consenting to receive security incident notifications at the email address we have on file for you.
Please be aware that your use of our Service is also subject to our Terms of Use and Community Guidelines.
Make it a habit to review the Privacy Policy each time you use the Service. YOUR USE OF THE SERVICE INDICATES YOUR CONSENT TO THE MOST RECENT VERSION OF THE PRIVACY POLICY. In the event of material changes to this Privacy Policy, we will notify you, if required, through notices on our Service. Your continued use of our Service constitutes your acknowledgment of any revised Policy.
3. HOW TO CONTACT US
You can visit our contact us page HERE and select your reason for contact.
4. AGE POLICY
Touchy.ai is exclusively for individuals aged 18 or older.
Touchy.ai does not knowingly collect Personal Information from or market to children, minors, or anyone under the age of 18. If we become aware that a child, minor, or anyone under the age of 18 has registered with us and/or provided Personal Information, we will take steps to terminate that person’s registration and promptly delete any such Personal Information, if required by law.
COLLECTION OF PERSONAL INFORMATION
To deliver our Service, we gather and utilize information classified as personal information under applicable privacy laws ("Personal Information"). The following categories of Personal Information are collected and used for illustrative purposes (specific elements may change):
Audio/Visual Data: Video or image files, including avatar images, character photos, voicemails, and other recordings.
Contact Data: Information used to contact you, such as email address, mailing address, or phone number.
Device/Network Data: Personal Information related to your device, browser, or application, including device identifiers, IP address, identifiers from cookies, session history, Service navigation metadata, and other data generated through applications and browsers, utilizing technologies like cookies.
Financial Data: Information like bank account details, payment card information, and relevant data connected to financial transactions.
General Location Data: Non-precise location data, derived from IP addresses.
Health Data: Information about your health.
Identity Data: Information such as your name, gender, race/ethnicity, date of birth, age and/or age range, account login details, or other account handles/usernames.
Inference Data: Personal Information created or used to develop a profile reflecting your preferences, characteristics, aptitudes, market segments, likes, favorites, or interests.
Transaction Data: Information about transactions you make with us through our website, such as a paid subscription or bonus, and similar information.
User Content: Personal Information included in content provided by users of the Service in any free-form or unstructured format, such as in an AI chat session, a character design, a "contact us" box, or other free text field, file, document, or message to us.
Consumer Health Data: Personal information linked or reasonably linkable to a consumer that identifies the consumer's past, present, or future physical or mental health status, as defined under the Washington My Health My Data Act and other Consumer Health Data Privacy laws. For more information, please review our Consumer Health Data Privacy Policy.
HOW WE COLLECT PERSONAL INFORMATION
We collect Personal Information from various sources based on the context in which the information will be used:
Data we collect from you: Directly obtained when you create your User Profile, design a character, engage in AI chat sessions, or contact us directly.
Data collected automatically: Certain Personal Information collected automatically, e.g., Device/Network Data using cookies and similar technologies when you use our Service.
Data we receive from service providers: Personal Information obtained from service providers performing services for Touchy.ai.
Data we receive from social media platforms: Personal Information received from social media companies like TikTok, Reddit, Discord, etc., when you use social media sign-on or interact with them in connection with our Service.
Data we create and infer: Personal Information, including Inference Data, generated based on observations or analysis of other Personal Information used under this Policy, sometimes correlated with additional information we have about you.
6. USE OF PERSONAL INFORMATION
We utilize Device/Network Data, Inference Data, Audio/Visual Data (including Consumer Health Data), Contact Data, Identity Data, Financial Data, Transaction Data, User Content, and General Location Data when you visit our website. You may create an account, engage in AI chats, contact us, read our blog, or complete transactions through our Service.
We use this Personal Information as necessary for operating our Service, such as maintaining user sessions, age screening, delivering content, providing AI chats with characters, content screening, etc., for Business Purposes, and our other legitimate interests, including:
Ensuring the security of our website and other technology systems.
Analyzing Service usage patterns to understand and enhance Service performance.
We may use this Personal Information for Commercial Purposes.
COOKIES AND SIMILAR TRACKING TECHNOLOGIES
We employ Device/Network Data, Contact Data, Identity Data, Inference Data, Transaction Data, User Content, and General Location Data in conjunction with our use of cookies and similar technologies on our Service, collected automatically.
We and authorized third parties use cookies for essential purposes necessary for Service operation, functional purposes to enable specific features, analytics purposes to analyze traffic and enhance the Service, and for retargeting, online advertising, or other marketing purposes. This Personal Information may also be used for Business Purposes.
We utilize Google Analytics and Google Tag Manager for understanding user behavior and improving the Service. Google Analytics employs cookies for collecting and storing information. Google Tag Manager updates measurement codes on our website, collecting information related to tag firing and online identifiers. Third-party marketing companies assisting with online marketing may also be involved.
Refer to your Rights & Choices for information about opting out of cookies and similar technologies and regarding Online Advertising.
MOBILE APP
When you utilize our mobile app, we may gather Device/Network Data, Inference Data, Audio/Visual Data (including Consumer Health Data), Contact Data, Identity Data, Financial Data, Transaction Data, User Content, and General Location Data.
We utilize this Personal Information to deliver our mobile app, for Business Purposes, and other legitimate interests, such as:
Optimizing the display and functionality of the Mobile App on your device.
Facilitating your communications with AI characters.
Allowing character creation, interaction, and experiences.
Providing access to your account.
This Personal Information may be employed for our Commercial Purposes.
ACCOUNT REGISTRATION
We utilize Identity Data, Contact Data, Inference Data, and User Content during your registration and account creation for our Service. Audio/Visual Data is used if you upload a user profile avatar, and Financial Data is employed if you associate payment information with your account.
This Personal Information is utilized to establish and maintain your account, provide requested products and services, and for Business Purposes. Identity Data, Inference Data, and Contact Data may be utilized for Commercial Purposes. Financial Data is neither sold nor used for Business Purposes not permitted under applicable law.
CHARACTER CREATION
Audio/Visual Data, User Content, and any Personal Information within User Content are used when you create a character through the Service.
This Personal Information is employed to create and maintain your character, train your character to generate content, and enable others to find your character if desired. User Content may also be used to train AI models and for Business Purposes.
CHARACTER CHATS
Inference Data, Device/Network Data, User Content, and any Personal Information within User Content are used when you engage in a chat with a character through the Service. Consumer Health Data is used if it is included in the User Content shared with any character.
This Personal Information is utilized to facilitate your chat experience, monitor your chat for safety and appropriate content, and for Business Purposes. User Content from character chats may be used to train AI models. Refer to our Community Guidelines for information on appropriate chat content.
PURCHASES AND TRANSACTIONS
Transaction Data, Identity Data, Financial Data, Inference Data, and Contact Data are used when you make a purchase, redeem Touchy.ai Coins, or complete other transactions. Financial Data is not permanently stored.
This Personal Information is utilized to perform or initiate a transaction, process your order, payment, or refund, fulfill and deliver orders, document transactions, and for Business Purposes. Identity Data, Transaction Data, Contact Data, and Device/Network Data may be used for Commercial Purposes. Payment Data or Health Data is not sold or used for Business Purposes not permitted under applicable law.
THE BLOG
Device/Network Data and Inference Data are used when you access our blog. Contact Data, Identity Data, Device/Network Data, and Inference Data are used in connection with marketing emails, push notifications, or similar communications, and when you open or interact with those communications. You may receive marketing communications as per applicable laws.
CONTACT US
When you contact us through the Service using a "contact us" box, via phone or email, we use Contact Data, Device/Network Data, User Content, and any Personal Information within User Content. Contact Data and User Content are used to communicate with you about the subject matter of your request and related matters. This Personal Information may also be used for Business Purposes.
POSTS AND SOCIAL MEDIA
Identity Data, Contact Data, and User Content you post or interact with (e.g., comments and social media posts, etc.) on platforms such as TikTok, Reddit, Discord, Twitter, and Telegram are utilized.
This Personal Information is used for Business Purposes and Commercial Purposes. Posts may be public or reposted on our Service. Content you provide may be publicly available when posted on our Service, or in some cases, if you reference, engage, or tag our official social media accounts on social media platforms.
7. PURPOSE OF USE
Business Purposes: In addition to the aforementioned uses, we employ Personal Information for various common purposes integral to our business ("Business Purposes"). Please refer below for more details regarding the utilization of your Personal Information.
Operate our Service and Fulfill Obligations: We use any Personal Information necessary to provide the Service and fulfill our obligations, ensuring you receive the requested information, features, and services.
Internal Processes and Service Improvement: Personal Information processed through our Service is utilized for training models, understanding usage patterns, customer service, creating and analyzing logs and metadata, and ensuring the security and stability of the Service. It aids in comprehending user interactions, performance analysis, and identifying potential information security risks.
Analytics: Personal Information is employed to create analytics related to Service usage, viewed pages and content, and generating reports on Service use and performance metrics.
Compliance, Safety & Public Interest: Personal Information may be used, without further notice, for public interest or as legally required. This includes fulfilling legal obligations, protecting vital interests, or complying with requests from public authorities.
Corporate Events: Personal Information may be used or shared during routine corporate operations, reorganizations, or business transitions such as mergers, acquisitions, liquidation, or asset sales.
Other Use of Personal Information: If Personal Information is used in a manner not explicitly described in this Policy, the Policy continues to apply, respecting your rights and choices.
Commercial Purposes: We and certain third parties utilize Personal Information to advance our commercial interests ("Commercial Purposes") based on the context of collection and your rights and choices.
Online Marketing: Engaging in Online Advertising on our Service involves the use of Personal Information by various parties and service providers to tailor ads, increase engagement, and enhance the user experience. These parties collect data such as unique IDs, IP addresses, device information, and browsing data to create relevant profiles for personalized advertisements.
Marketing Communications: Personalized marketing and promotional communications may be sent to you in accordance with applicable laws, based on your user profile.
8. DATA SHARING
The information collected may be shared with various parties, contingent upon the purpose and context of its provision. Data is generally transferred to specific categories of recipients or in connection with Business Purposes, as outlined below.
Vendors and Service Providers: Personal Information may be shared with vendors, service providers, and subprocessors who assist in our business operations, service improvements, and other lawful interests.
Corporate Events: In business transitions such as mergers or acquisitions, Personal Information may be disclosed to third parties. This can occur during the due diligence process or as part of the assets transferred.
Affiliates: For streamlined business operations and enhanced services, your Personal Information may be shared with affiliated entities, subsidiaries, and parent companies.
Legal Disclosures: In specific situations, we may access and disclose your Personal Information as legally required, to prevent or respond to a crime, investigate violations, or safeguard our interests or any person. We retain the right, at our discretion, to object to such disclosure without obligation.
9. YOUR RIGHTS & CHOICES
Your Rights
Under applicable law, you may have rights concerning your Personal Information, which can vary based on your location and state/country of residence. These rights may be subject to limitations or our own rights in handling your Personal Information. To exercise your rights, please contact us at support@touchy.ai.
Note: We can fulfill rights requests only for Personal Information under our control. For Personal Information controlled by third parties, please contact them directly to exercise your rights.
Verification Requirements
All direct rights requests must undergo verification to confirm the requester's authorization, prevent fraud, and ensure Personal Information security. For instance, verifying access to the email on file may be required. If an agent submits the request on your behalf, we may validate the agent’s authority.
Your Choices
According to applicable law, you may have the following choices regarding the Personal Information we use:
Changing Your Information: Contact us at support@touchy.ai to update your information.
Closing Your Account: Email us at support@touchy.ai to close your account. If the associated email is inactive, we may remove it without notice.
Consent Withdrawal: You can withdraw consent at any time. Closing your account may be necessary if consent is vital for essential Service aspects.
Email Marketing: Opt-out or withdraw consent for email marketing via links in our communications.
Cookies & Similar Technologies: Manage/deny cookies and similar technologies through your browser's settings. Opt-out directly with third-party services (e.g., Google Analytics).
Do-Not-Track: The Service currently does not support Do Not Track requests. Operators may collect information about your online activity during and after Service use.
10. SECURITY
We employ commercially reasonable security measures to safeguard Personal Information from unauthorized use. While we strive to protect against unauthorized access, we cannot guarantee absolute safety during transmission or storage.
11. DATA RETENTION
We retain Personal Information as long as necessary for purposes outlined in this Policy or as required by law. Factors such as legal requirements, industry best practices, privacy risks, and IT system considerations influence retention. We regularly review retention periods, pseudonymize or anonymize data held for extended periods.
12. LINKS TO THIRD-PARTY WEBSITES OR APPLICATIONS
This Policy applies solely to the Service. Links on the Service to external websites or apps not owned or operated by us are not endorsed or reviewed by us. Privacy practices and content on linked websites or apps are beyond our control. Users are encouraged to contact these providers directly for privacy policy information.
13. INTERNATIONAL TRANSFERS
Our operations and service providers are in the U.S. and China. If located outside these areas, your Personal Information may be used in the U.S. or China, lacking the same legal protections as in other countries.
14. CHANGES TO OUR POLICY
We may update this Policy periodically. Regularly check for updates, and your continued use of the Service post-change indicates acceptance. New features enhancing the current Service are subject to this Policy.
15. REGIONAL DATA RIGHTS
Your Nevada Privacy Rights
Nevada consumers can direct us to refrain from selling covered information. For details, email us at support@touchy.ai, including information on verification and identity.
Your California Privacy Rights
California residents can request information about Personal Information shared for third-party direct marketing. Make one yearly request by emailing us at support@touchy.ai.
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Feature Coming Soon!
Touchy.ai is still in its early development stage BUT we will be releasing this feature and many other features rapidly in the next few weeks so stay tuned! Emails will be sent out to members with notifications turned on.
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