Privacy Policy

Last updated: September 15, 2024

This Privacy Policy describes our policies and procedures on the collection, use and disclosure of Your information when You use our Services. As described in this Privacy Policy, "Company," "we," "our," and "us" refers to Cast AI Group Inc., 111 NE 1st Street 8th Floor #1041 Miami, FL 33132, and any of Our Affiliates that are involved in the collection and processing of Your Personal Data.

Cast AI Group Inc. is the controller of Your Personal Data as described in this Privacy Policy. Where applicable, with respect to the Personal Data of customers and prospects located outside the United States, or who otherwise procure the CAST AI Cloud Services from CAST AI Baltic UAB, the controller of Your Personal Data is CAST AI Baltic UAB, an entity incorporated in the Republic of Lithuania, company code 305286925, with offices located at Lvovo str.25-702, Vilnius, Republic of Lithuania.

This Privacy Policy does not apply to the information and data that our customers upload to the Services, or otherwise provide or make available to us for processing in connection with their use of the Services. We act as a processor with respect to this information and data, and Our handling of it is governed by our Terms of Service. If You have questions about the information practices of a customer of ours that uses the Services, please contact that respective customer directly.

By using the Services, You acknowledge the collection and use of information in accordance with this Privacy Policy.

Processing Activities Covered

This Privacy Policy applies to our processing of Personal Data that we collect when You:

• Visit our Website;
• Use the Kimchi platform or CAST AI Cloud Services as a customer or an authorized user;
• If You are a referral partner, use the referral platform made available through the Website;
• Communicate with us about our products and services, whether by email, phone, in person, or otherwise.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of this Privacy Policy:

• "You" means the individual accessing or using the Services, or the company, or other legal entity on behalf of which such individual is accessing or using the Services, as applicable.
• "Affiliate" means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
• "Account" means a unique account created for You to access our Services or parts of our Services.
• "Services" refers collectively to the Kimchi platform, the Website, and the CAST AI Cloud Services, as those terms are defined in the Terms of Service.
• "Service Provider" means any natural or legal person who processes the data on behalf of the Company.
• "Third-party Social Media Service" refers to any website or any social network website through which a User can log in or create an account.
• "Personal Data" is any information that relates to an identified or identifiable individual.
• "Cookies" are small files that are placed on Your computer, mobile device or any other device by a website.
• "Device" means any device that can access the Services such as a computer, a cellphone or a digital tablet.
• "Usage Data" refers to data collected automatically, either generated by the use of the Services or from the Services infrastructure itself.

Collecting and Using Your Personal Data

Types of Data Collected

Personal Data You Provide to Us Directly

While using Our Services, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:

• Name
• Contact information such as Your email address, mailing address, and telephone number
• Account information, such as Your username and password, if You are a registered user of the Services
• Professional information such as employer and position/title
• Usage Data
• Payment and billing details
• Other information that You submit or upload to the Services, or provide through contact forms or messages

Usage Data

Usage Data is collected automatically when using the Services. Usage Data may include information such as Your Device's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Services that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

When You access the Services by or through a mobile device, We may collect certain information automatically, including the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.

Personal Data We Collect from Other Sources

We may also collect information about You from other sources, including third party data providers, Third-Party Social Media Services, event organizers, and our referral partners, and from publicly available databases, and combine this information with Personal Data that You provide.

Our Use of Cookies and Other Tracking Technologies

We use Cookies and similar tracking technologies to track the activity on Our Services and store certain information. The tracking technologies used may also include beacons, tags, and scripts. We use Cookies and these other technologies to collect and track information and to improve and analyze Our Services, and to provide You with relevant content, including targeted advertising.

For instance, we use Google Analytics. Google Analytics uses cookies to help us analyze how visitors use the Website. For more information on Google Analytics, including how Google Analytics collects, uses, and discloses information, refer to Google's privacy partners page.

Our Use of Your Personal Data

The Company may use Personal Data for the following purposes:

• To provide and maintain our Services, including to monitor the usage of our Services.
• To manage Your Account: to manage Your registration as a user of the Services.
• For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased.
• To contact You: by email, telephone calls, SMS, or other equivalent forms of electronic communication regarding updates or informative communications related to the Services.
• To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that You have already purchased or enquired about, unless You have opted not to receive such information.
• To manage Your requests: to attend to and manage Your requests to Us.
• To comply with laws and regulations that apply to our business, including maintaining tax and accounting records.
• To prosecute or defend against legal claims, and as otherwise necessary to protect and defend the rights or property of the Company.
• For business transfers: to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets.
• For other purposes, as authorized or directed by You.

Our Sharing and Disclosure of Your Personal Data

We may share Your Personal Data with other parties in the following situations:

• With Service Providers: to monitor and analyze the use of our Services, to contact You, and to perform other functions on our behalf.
• With Affiliates: We may share Your information with Our affiliates, in which case we will require those affiliates to honor this Privacy Policy.
• With Business partners: to offer You certain products, services or promotions.
• With other users: when You share Personal Data or otherwise interact in the public areas of the Services with other users.
• With Law enforcement: if required to do so by law or in response to valid requests by public authorities.
• To comply with legal requirements: in the good faith belief that such action is necessary to comply with a legal obligation, protect the rights or property of the Company, prevent wrongdoing, or protect public safety.
• For Business transfers: in connection with any merger, sale, financing, or acquisition of all or a portion of our business.

Our Retention of Your Personal Data

The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We may retain and use Your Personal Data longer to the extent necessary to comply with our legal obligations, resolve disputes, and enforce our agreements and policies.

We determine the appropriate retention period for Personal Data on the basis of the amount, nature, and sensitivity of the Personal Data being processed, the potential risk of harm from unauthorized use or disclosure, whether We can achieve the purposes through other means, and applicable legal requirements.

Transfers of Your Personal Data

Your information, including Personal Data, is processed at the Company's operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ.

The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy.

When we transfer Personal Data from within the European Union to locations outside the European Union, we will rely on a legal framework that provides appropriate safeguards, which could include the standard contractual clauses approved by the European Commission.

Your Choices

• You may choose not to provide the Personal Data we request. However, not providing information may restrict Your ability to use certain features of the Service.
• You may accept or reject certain cookies used on the Website by visiting our Cookie Preference Center.
• You may be able to restrict the collection of personal information through Your device's operating system or by disabling cookies.
• You may opt out of receiving promotional emails from us at any time by following the opt-out link in the email message, or by contacting us as provided in the "Contact Us" section.

Your California Privacy Rights

Under California Civil Code Section 1798 (California's Shine the Light law), California residents with an established business relationship with us can request information once a year about sharing their Personal Data with third parties for the third parties' direct marketing purposes.

California Business and Professions Code section 22581 allows California residents under the age of 18 who are registered users to request and obtain removal of content or information they have publicly posted.

To make such requests, You can contact Us using the information in the "Contact Us" section below.

Additional Information for Individuals in the European Union

This section provides additional information in accordance with the requirements of the EU's General Data Protection Regulation ("GDPR"), and applies to the extent our processing of Your Personal Data is subject to the GDPR.

Legal Bases for Processing

We will only process Your Personal Data when we have an appropriate legal basis under the GDPR to do so. The legal bases we rely on include:

• Performance of a contract — when processing is necessary to provide You with the Services.
• Legitimate interests — when processing is necessary for our legitimate business interests, such as maintaining and securing our Services, managing customer relationships, providing support, promoting our products, and protecting our legal rights.
• Your consent — when You have consented to the processing (for example, for cookies and direct marketing).
• Legal obligation — when processing is necessary to comply with applicable laws.

Necessity to Provide Personal Data

Providing Your Personal Data is voluntary, but necessary to establish commercial relationships. If You do not wish to provide Your Personal Data to us, we will not be able to provide You with our products and services.

Automated Decision-Making

We will not use Your data for automated decision-making, including profiling, which produces legal effects concerning You or similarly significantly affects You.

Your Rights

To the extent Our collection and processing of Your Personal Data is subject to the GDPR, You have certain rights regarding Your Personal Data, including the right to request:

• Access to Your Personal Data;
• Rectification of Your Personal Data;
• Erasure of Your Personal Data;
• Restriction of processing;
• Presentation of Your Personal Data in a structured, machine-readable format;
• Objection to processing (when based on legitimate interest).

If Your Personal Data is processed on the basis of Your consent, You also have the right to revoke the consent at any time.

We will examine any request within thirty (30) days from its receipt and notify You about the actions taken.

If You believe that Your rights related to Personal Data processing were infringed, You have the right to lodge a complaint with a supervisory authority. A list is available at the European Data Protection Board's website.

Links to Other Websites

Our Services may contain links to other websites that are not operated by Us. If You click on a third-party link, You will be directed to that third party's site. We strongly advise You to review the Privacy Policy of every site You visit. We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party sites or services.

Changes to This Privacy Policy

We may update our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page. You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us

To contact us with questions about this Privacy Policy, or to exercise any rights You may have under the GDPR, You can contact us by email at hello@cast.ai.