We at SuperEngineer Labs Limited, a company registered in England and Wales with company number 16587128 and registered office at 45 Choumert Road, London, SE15 4AR (“Super Engineer”), are committed to respecting your privacy and are strongly committed to keeping secure any information we obtain from you or about you. This Privacy Policy describes our practices with respect to personal data that we collect from or about you, and how we use it when you use our website, applications, and services (collectively, “Services”). 

This Privacy Policy does not apply to content that we process on behalf of customers of our business offerings, such as our API. Our use of that data is governed by our customer agreements covering access to and use of those offerings.

1. Personal Data we collect

We collect personal data relating to you (“Personal Data”) as follows:

Personal Data You Provide: We collect Personal Data if you create an account to use our Services or communicate with us as follows:

• Account Information: When you create an account with us, we will collect information associated with your account, including your name, contact information, account credentials, date of birth, payment information, and transaction history, (collectively, “Account Information”). Some of our Services may also allow you to upload a profile picture, a username, or other information as part of your Account Information.

• User Content: We collect Personal Data that you provide in the input to our Services (“Content”), including your prompts and other content you upload.  Some of our Services allow you to interact with other users, such as post, comment, or send messages, and we treat those interactions as Content, too.

• Communication Information: If you communicate with us, such as via email or our pages on social media sites, we may collect Personal Data like your name, contact information, and the contents of the messages you send (“Communication Information”).

• Contact Data: If you choose to connect your device contacts, we upload information from your device address books and check which of your contacts also use our Services. If any of your contacts aren’t yet using our Services, we’ll update you if they sign up for our Services later.

• Other Information You Provide: We collect other information that you provide to us, such as when you participate in our events or surveys, or when you provide us or a vendor operating on our behalf with information to establish your identity or age (collectively, “Other Information You Provide”).

Personal Data We Receive from Your Use of the Services: When you visit, use, or interact with the Services, we receive the following information about your visit, use, or interactions:

• Log Data: We collect information that your browser or device automatically sends when you use our Services. Log data includes your Internet Protocol address, browser type and settings, the date and time of your request, and how you interact with our Services.

• Usage Data: We collect information about your use and activity across the Services, such as the types of content that you view or engage with, the features you use and the actions you take, when you submit feedback to a model response, the people with whom you interact, as well as your time zone, country, the dates and times of access, user agent and version, type of computer or mobile device, and your computer connection. If you use the Atlas browser we may also collect your browser data according to your controls and use of the service. 

• Device Information: We collect information about the device you use to access the Services, such as the name of the device, operating system, device identifiers, and browser you are using. Information collected depends on the type of device you use and its settings.

• Location Information: We determine the general area from which your device accesses our Services based on information like its IP address for security reasons and to make your product experience better, for example to protect your account by detecting unusual login activity or to provide more accurate responses. In addition, some of our Services allow you to choose to provide more precise location information from your device, such as location information from your device’s GPS.

• Cookies and Similar Technologies: We use cookies and similar technologies to operate and administer our Services, and improve your experience. We store some of the information described in this Policy with cookies, for example to help maintain your preferences across sessions if you’re not logged in, or to assist with authentication and customer support.
  
  
  

Information We Receive from Other Sources: We receive information from other sources, such as our trusted security and safety partners to protect safety and prevent fraud, abuse, and other threats to our Services, and from marketing vendors who provide us with information about potential customers of our business services.

We also collect information from other sources, like information that is publicly available on the internet, to develop the models that power our Services. For more information on the sources of information used to develop the models that power Super Engineer and other Services.

2. How we use Personal Data

We use Personal Data for the following purposes:

• To provide, analyse, and maintain our Services, for example to respond to your questions for Super Engineer;

• To improve and develop our Services and conduct research, for example to develop new features;

• To personalize and customize your experience across our Services, for example to provide you with more relevant Content;

• To communicate with you, including to respond to your questions, and send you information about our Services and events, for example about changes or improvements to the Services;

• Identify your contacts who use our Services when you choose to connect your contacts and update you if they join our Services later;

• To prevent fraud, illegal activity, or misuses of our Services, and to protect the security of our systems and Services, including by monitoring any Content submitted or exchanged on our platforms;; and

• To comply with legal obligations and to protect the rights, privacy, safety, or property of our users, Super Engineer, or third parties, for instance to prevent harm to you or others, or to estimate your age to give you an age-appropriate experience.

We also aggregate or de-identify Personal Data so that it no longer identifies you and use this information for the purposes described above, such as to analyze the way our Services are being used, to improve and add features to them, and to conduct research. We will maintain and use de-identified information in de-identified form and not attempt to reidentify the information, unless required by law.

3. Disclosure of Personal Data

We disclose your Personal Data in the following circumstances:

• Vendors and Service Providers: To assist us in meeting business operations needs and to perform certain services and functions, we disclose Personal Data to vendors and service providers, including providers of hosting services, customer service vendors, cloud services, content delivery services, support and safety services, email communication software, web analytics services, payment and transaction processors, search and shopping providers, and information technology providers. We also work with service providers who help us with age and identity verification.  Based on our instructions, these parties will access, process, or store Personal Data only in the course of performing their duties to us.

• Business Transfers: If we are involved in strategic transactions, reorganization, bankruptcy, receivership, or transition of service to another provider (collectively, a “Transaction”), your Personal Data may be disclosed in the diligence process with counterparties and others assisting with the Transaction and transferred to a successor or affiliate as part of that Transaction along with other assets.

• Government Authorities or Other Third Parties: We may share your Personal Data, including information about your interaction with our Services, with government authorities, industry peers, or other third parties in compliance with the law (i) if required to do so to comply with a legal obligation, or in the good faith belief that such action is necessary to comply with a legal obligation, (ii) to protect and defend our rights or property, (iii) if we determine, in our sole discretion, that there is a violation of our terms, policies, or the law; (iv) to detect or prevent fraud or other illegal activity; (v) to protect the safety, security, and integrity of our products, employees, users, or the public, or (vi) to protect against legal liability.

• Affiliates: We disclose Personal Data to our affiliates, meaning an entity that controls, is controlled by, or is under common control with Super Engineer. Our affiliates may use this Personal Data in a manner consistent with this policy.

• Business Account Administrators: When you join a Super Engineer Enterprise or business account, the administrators of that account may access and control your Super Engineer account, including being able to access your Content. In addition, if you create an account using an email address belonging to your employer or another organization, we may share the fact that you have an account and certain account information, such as your email address, with your employer or organization to, for example, enable you to be added to their business account.

• Parent or Guardian of a Teen: Teen users and their parents or guardians can choose to link their accounts, allowing the parent or guardian to manage certain settings, and receive alerts if we detect a serious safety concern. These accounts can be unlinked at any time.

• Other Users and Third Parties You Interact or Share Information With: Certain Services allow you to interact or share information with other users or third parties. Information you share with third-party partners is governed by their own terms and privacy policies, and you should make sure you understand those terms and policies before sharing information with them.

We also aggregate or de-identify Personal Data so that it no longer identifies you and share it with third parties for the purposes described above, such as to help improve our Services.

4. Retention

We’ll retain your Personal Data for only as long as we need in order to provide our Services to you, or for other legitimate business purposes such as resolving disputes, safety and security reasons, or complying with our legal obligations. How long we retain Personal Data depends on the type of data, how we use it, and in many cases your settings:

• Information we retain until you delete it: Some of our Services allow you to delete Personal Data stored in your account. For example, you can delete specific, or all, of your Super Engineer conversations, delete specific Saved Memories, or delete your account. Once you choose to delete Personal Data, we will remove it from our systems within 30 days. 

• Information we delete automatically: In some cases, Personal Data will be deleted automatically.

• Information we retain for longer for legitimate security, safety, or legal reasons: In some cases, we need to retain Personal Data for longer even after you delete it, for example because we are legally required to, to address fraud and abuse, for security reasons, or for financial record-keeping purposes. For instance:

  • If specific Content, or your account, is banned because of violations of our usage policies⁠, we may retain that data for to protect our services from fraud, abuse, or other violations of our policies;

  • If we are legally required to retain your data (for instance, we receive a lawful subpoena) then we may retain it for the duration of the relevant legal or regulatory obligation;

  • When we are a party to a financial transaction (for instance, when we process your payment for a Super Engineer account, or facilitate a purchase on Super Engineer), we may retain payment and transaction related information to meet our accounting, dispute resolution, and regulatory compliance purposes;

  • When you ask us to delete your Personal Data, we retain the audit record of the erasure request to be able to verify that we have complied with the request.

In determining these retention periods, we consider a number of factors, such as:

• Our purpose for processing the Personal Data (such as whether we need to retain it to provide our Services);

• The amount, nature, and sensitivity of the information;

• The potential risk of harm from unauthorized use or disclosure;

• Any legal requirements that we are subject to.

5. Data controls

Our Services provide you with a number of controls over your Personal Data and how it is used and retained. You can always change these settings in your account. These include the following controls:.

• You can delete or archive chats in Super Engineer, or delete your account entirely.

• Depending on applicable law, you may be able to choose which cookies are used when you use our Services.

• You can unsubscribe from marketing communications you receive from us by using the choices provided in those communications.

6. Your rights

You have the following statutory rights in relation to your Personal Data:

• Access your Personal Data and information relating to how it is processed.

• Delete your Personal Data from our records.

• Rectify or update your Personal Data.

• Transfer your Personal Data to a third party (right to data portability).

• Restrict how we process your Personal Data.

• Withdraw your consent—where we rely on consent as the legal basis for processing. 

• Lodge a complaint with your local data protection authority (see below). 

You have the following rights to object:

• Object to our processing of your Personal Data for direct marketing. 

• Object to how we process your Personal Data when our processing is based on legitimate interests.

You can exercise some of these rights through your Super Engineer account.  If you are unable to exercise your rights through your account, please submit your request via email terms@Superengineer.com⁠.

We hope that we are able to address any questions or concerns you may have. If you have any unresolved complaints with us or our Data Protection Officer: 

• If you reside in the European Economic Area, you can reach out to the Irish Data Protection Commission⁠(opens in a new window)
  as our lead supervisory authority, or your local supervisory authority⁠(opens in a new window)
  ; 

• If you reside in the UK, you can reach out to the Information Commissioner's Office⁠(opens in a new window)
  ; 

• If you reside in Switzerland, you can reach out to the Federal Data Protection and Information Commissioner⁠(opens in a new window)
  .   

A note about accuracy: Services like Super Engineer generate responses by reading a user’s request and, in response, predicting the words most likely to appear next. In some cases, the words most likely to appear next may not be the most factually accurate. For this reason, you should not rely on the factual accuracy of output from our models. If you notice that Super Engineer output contains factually inaccurate information about you and you would like to request a correction or removal of the information, you can submit these requests through terms@SuperEngineer.com and we will consider your request based on applicable law and the technical capabilities of our models.

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7. Children

Our Services are not directed to, or intended for, children under 13.  We do not knowingly collect Personal Data from children under 13. If you have reason to believe that a child under 13 has provided Personal Data to Super Engineer through the Services, please email us at terms@SuperEngineer.com. We will investigate any notification and, if appropriate, delete the Personal Data from our systems. Users under 18 must have permission from their parent or guardian to use our Services.

8. Security

We implement commercially reasonable technical, administrative, and organizational measures designed to protect Personal Data from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or email transmission is ever fully secure or error free. Therefore, you should take special care in deciding what information you provide to the Services. In addition, we are not responsible for circumvention of any privacy settings or security measures contained on the Service, or third-party websites.

9. Legal bases for processing

Purpose of processing

Type of Personal Data processed, depending on the processing activity

Legal basis, depending on the process activity

To provide, analyse, and maintain our Services

For example,

• We use your email address and password to authenticate your login.

• We use your payment card details to process subscription charges or purchases on Super Engineer.

• We use your prompts and other Content to provide you with responses.

• We conduct analytics, measurement, and other types of analysis to understand how our Services are used, for example, we analyze usage data to ensure uptime and the reliability and safety of our Services.

• Account Information

• User Content

• Communication Information

• Other Information You Provide

• Log Data

• Usage Data

• Device Information

• Location Information

• Cookies and Similar Technologies

Where necessary to perform a contract with you, such as processing your  prompts and other Content to provide a response.

To personalise and customise your experience across our Services for you.

For example,

• If Memory is on, we may remember details you’ve shared across conversations to provide more personalised and consistent responses in future chats.

• Using information you add in Custom Instructions (such as “I like concise answers”) to tailor how the model responds to you.

• Suggesting conversation topics based on subjects you’ve previously discussed or saved in your Memory

• Account Information

• User Content

• Other Information You Provide

• Log Data

• Usage Data

• Device Information

• Location Information

• Cookies and Similar Technologies

Where necessary to perform a contract with you, such as following your Custom Instructions to respond to your prompts.

Where necessary for our legitimate interests and those of third parties to provide you with a better user experience. For example, to personalise features and content or make suggestions for topics that you may be interested in.

Where necessary to comply with a legal obligation (or, where not under a specific legal obligation, where necessary for our legitimate interests and those of third parties), such as to provide you with an age-appropriate experience.

To communicate with you, including to send you information about our Services and events, and to promote our Services to you.

• Sending updates about feature changes or outages.

• Sending certain forms of marketing communications.

• Responding to a request you send through the Help Center.

• Sending surveys to ask for feedback or input about our products and services.

• Account Information

• Communication Information

• Information We Receive From Other Sources

• Other Information You Provide

• Log Data

• Usage Data

• Device Information

• Cookies and Similar Technologies

Where necessary to perform a contract with you, such as processing your contact information to send you a technical announcement about the Services. 

Your consent when we ask for it to process your Personal Data for a specific purpose that we communicate to you, such as processing your contact information to send you certain forms of marketing communications.

Where necessary for our legitimate interests and those of third parties, for example when sending surveys to ask for feedback.

To identify your contacts who use our Services when you choose to connect your contacts, and to update you if they join our Services later.

• Contact Data

• Log Data

• Device Information

Where necessary to perform a contract with you when you choose to connect your contacts on our Services.

Where necessary for our legitimate interests and those of third parties, to enable you to connect your contacts and collaborate with people you may know on our Services.

To prevent fraud, illegal activity, or misuses of our Services, and to protect the security of our systems and Services

For example, 

• Monitoring for suspicious sign-in attempts or unusual activity on your account.

• Using IP addresses and device identifiers to detect abuse.

• Retaining information about accounts that violate policies.

• Account Information

• User Content

• Communication Information

• Other Information You Provide

• Information We Receive From Other Sources

• Log Data

• Usage Data

• Device Information

• Cookies and Similar Technologies

Where necessary to comply with a legal obligation.

Where we are not under a specific legal obligation, where necessary for our legitimate interests and those of third parties, including in protecting our Services from abuse, fraud, or security risks, such as processing data from trusted partners to protect against fraud, abuse and security threats in our Services.

To comply with legal obligations and to protect the rights, privacy, safety, or property of our users, Super Engineer, or third parties

For example, 

• Retaining billing information to comply with financial requirements.

• Providing information to law enforcement when required by a valid legal request.

• Investigating and enforcing violations of our Terms of Use, including by monitoring content submitted or exchanged on our platforms.

• Taking steps to prevent harm, for example notifying parents/guardians or authorities when we detect a risk of harm to teen users with linked accounts.

• Estimating your age to give you an age-appropriate experience.

• Account Information

• User Content

• Communication Information

• Other Information You Provide

• Information We Receive From Other Sources

• Log Data

• Usage Data

• Device Information

• Cookies and Similar Technologies

Where necessary to comply with a legal obligation, such as retaining billing information to comply with financial requirements.

Where we are not under a specific legal obligation, where necessary for our legitimate interests and those of third parties and broader society, including in protecting our or our affiliates’, users’, or third parties’ rights, safety, and property, such as analyzing log data to identify fraud and abuse in our Services.

When necessary to protect the vital interests of you or another person, for example when teen safety alerts are triggered.

10. Data transfers

Super Engineer processes your Personal Data on servers located outside of the EEA, Switzerland and the UK for the purposes described in this policy. This includes processing and storing your Personal Data in our facilities and servers in the United States or in countries or territories where our affiliates and partners or our vendors and service providers are located. While data protection law varies by country and these countries may not offer the same level of data protection as your home country, we apply the protections described in this policy to your Personal Data regardless of where it is processed. When transferring Personal Data outside of the EEA, Switzerland or the UK, we rely on valid transfer mechanisms to comply with applicable data protection law, such as:

• We rely on the European Commission’s adequacy decisions⁠(opens in a new window)
  and the UK Secretary of State’s adequacy regulations pursuant to Article 45(1) EU and UK GDPR (“GDPR”) when transferring your Personal Data to any country that has been considered to provide an adequate level of protection.

• For other jurisdictions, we rely on the Standard Contractual Clauses as approved by the European Commission pursuant to Article 46(2)(c) GDPR (“SCCs”) and on the UK International Data Transfer Addendum to the SCCs.

For more information or to obtain a copy of the appropriate safeguards we have in place when transferring Personal Data, please contact us at terms@SuperEngineer.com.

11. Changes to the privacy policy

We may update this policy from time to time. When we do, we will publish an updated version and effective date on this page, unless another type of notice is required by applicable law.

12. Data controller

SuperEngineer Labs Ltd, 45 Choumert Road, London SE15 4AR is the controller and is responsible for the processing of your Personal Data as described in this policy.

13. How to contact us

Please contact support⁠ if you have any questions or concerns not already addressed in this policy. Alternatively, you can write to us at terms@superengineer.app or the address above under Section # (Data Controller).

You can contact our Data Protection Officer at terms@superengineer.app in matters related to Personal Data processing.