Informativa sulla privacy

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We are the operator of hyper3d.ai, Deemos Corporation. (“Deemos” or the “Company”) , a Delaware corporation with its registered address at 108 West 13th Street Wilmington, Delaware. We operate our website at hyper3d.ai (together with any of our associated websites, applications and communities, collectively, the “Sites”), and provide services on these Sites, such as ChatAvatar and Rodin (the “Services”). This Privacy Policy describes how we collect, store, use, and share data through our Services. We care about the protection and confidentiality of your personal data (as defined below) you may provide when you use the Services. We process your personal data only as described in this Privacy Policy.

If you have any questions regarding this Privacy Policy, please contact us according to the information listed below under Section 13 CONTACT US.

1.PERSONAL DATA COLLECTION

We collect data for various purposes to provide and improve the Services to you. For the purpose of this Privacy Policy, “Personal Data” means any data relating to an identified or identifiable natural person, including nicknames, email addresses, passwords, chat history, and social account information, but excluding anonymized information. When you interact with us through the Services, we may collect data directly from you or from other sources. Our processing of your personal information will conform to applicable data privacy protection laws in Delaware. We will notify you of the legal basis on which we process your Personal Data and inform you about your rights under Delaware law. The personal data we collect consists of, but is not limited to:

1.1 Personal Data you directly provide to us
(1) Account Data. This data typically consists of name, email address, phone number and other similar contact data, and user credentials such as username, password, password hints and similar security information used to create an account and authenticate users of the Services. If you refuse to provide Account Data for registration and login, we may be unable to offer you the Services.
(2) Prompts Data. This includes text and/or images you post, upload, display or otherwise provide onto the Sites to generate any content (the “Output”). The Prompts Data may be used to influence, shape, or determine the characteristics, structure, and appearance of the resulting Output.
(3) Feedback Data. This includes customer service inquiries, product reviews and other feedback regarding the Services. If you refuse to provide the Feedback Data, it will not affect your use of our Services.
(4) Payment Data. If you initiate a payment request, we need to collect your credit card information, payment amount, payment method, billing address, order number and other information to complete the payment and transaction process.
1.2 Personal Data we collect automatically
(1) Device and Network Data. This includes your hardware model, operating system version number, device identifiers (for Android, including Android ID, OAID, IMSI; for iOS, including IDFV, IDFA; different identifiers may vary in terms of validity period, whether they can be reset by users, and acquisition method), network device hardware address (device MAC address), client hardware characteristics, IP address, WLAN access point (such as SSID, BSSID), Bluetooth, base station, software version number, network access method, type, status, network quality data, network source and destination addresses, network source port, operation time and type, use, service logs, device sensor data (such as accelerometer), running process information, overall operation and usage frequency of pages, page crash situations, overall usage, performance data, and error reports.
(2) Usage Data. This includes your behavior information while using the Services, including your click, browsing, editing activity records, the programs and features you access, items you purchase, and the timing, frequency and duration of your interactions through the Services.
1.3 Personal Data provided by third parties
Third-Party Login. If you connect your use of the Services through a third-party service (e.g., a social media platform), the third party may share certain information from your third-party account with us. By registering and logging in through third-party accounts, you are consenting to the third party providing us with the Personal Data concerned. We may collect other third-party data, such as data from our affiliates, partners or vendors, data brokers or public sources.
If you provide us with any Personal Data of any data subjects other than yourself, please bring this Privacy Policy to their attention. You hereby acknowledge that you have obtained their consent or completed other formality as required by other lawful bases for the Personal Data processing in lieu of consent before providing such Personal Data to us. By submitting such information to us, you represent to us that you are entitled to provide and we are entitled to process relevant Personal Data for the purposes as stated in this Privacy Policy.
1.4 Sensitive Personal Information
“Sensitive Personal Information” generally refers to information concerning an individual's privacy rights that, when breached, directly impacts the individual's legitimate rights and interests. The scope of Sensitive Personal Information may vary in different jurisdictions, and in compliance with legal requirements in each jurisdiction, we have identified the Sensitive Personal Information that may be collected by us.
We do not actively collect your Sensitive Personal Information during the generation process of your Output through our Services . If you prefer not to provide such data, you can avoid uploading texts and/or images related to your health, finances, etc., which may involve Sensitive Personal Information. Additionally, we will implement security measures to protect any Sensitive Personal Information you provide in accordance with Applicable Laws.

2.USE OF DATA

2.1 General
In general, we will use your Personal Data only for the purposes described in this Privacy Policy or for purposes that we explain to you at the time we collect the relevant Personal Data. However, we may also process Personal Data for other purposes that are not incompatible with the purposes that we have disclosed to you if and where it is permitted by Applicable Laws and regulations. Our legal bases for collecting and using the Personal Data described in this Privacy Policy depends on the Personal Data we collect and the specific context in which we collect the data:
(1) In specific jurisdictions, processing your personal information is in our legitimate interests, including:
- (i) providing, maintaining and marketing the Services;
(ii) detecting, preventing and enforcing violations of our Terms of Service located at https://hyper3d.ai/legal/terms (the “Terms”), including misuse of services, fraud, abuse, and other trust and safety protocols; and

(iii) protecting our legal rights and the rights of others.

(2) We need to comply with our legal obligations under the Applicable Laws.

2.2 Specific Purposes

The purposes for which we process the Personal Data, subject to Applicable Laws, and the legal basis on which we perform such processing, are as follows:

(1) Service Operation. These purposes include needing:

(i) to fulfill transactions that you request;

(ii) to deliver location-based Services and comply with territorial restrictions;

(iii) To diagnose and fix problems with the Services and providing other customer support services;

(iv) For analytical purposes to better understand our users and how they use our Services;

(v) To advance and enhance our Services with new or improved functionality;

(vi) To build predictive models, which allow us to tailor the Services based on the data we have about how our users use our Services.

(2) User Communication. These purposes include needing:

(i) to respond to your request if you contact us with a question or concern;

(ii) to provide information about your account, your use of the Services or other transactions that you request; and

(iii) to deliver news, updates and other types of communications, according to your subscriptions, alerts and other preferences.

(3) Marketing and Advertising. We use the Personal Data for marketing or advertising purposes, on behalf of ourselves, as well as our partners and other parties.

(4) Security, Compliance, and Enforcement. These purposes include needing:

(i) to protect the safety and security of our users and the Services;

(ii) to detect and prevent abuse, fraud or other unlawful or unauthorized activities;

(iii) to resolve disputes; and

(iv) to enforce our agreements, including the Terms that govern your use of the Services.

(5) Others. We may also use the Personal Data in other manners as disclosed at the time of collection, or when we have otherwise obtained consent. Please also note that this Privacy Policy is not intended to place any limits on what we do with aggregated, pseudonymized or anonymized data.

2.3 TRANSFER OF DATA

Due to the international nature of our business, your Personal Data may also be accessed by our affiliates or be transferred to third-party service providers and business partners, in connection with the purposes set out in this Privacy Policy. In the event of an international transfer of data, when required by Applicable Laws, we will provide an adequate level of protection for your Personal Data using various means, including implementing data transfer agreement that comply with Applicable Laws between our affiliates and third parties or any other lawful approach that permits the lawful transfer of the Personal Data from those countries.

3. DISCLOSURE OF DATA

We will only disclose the Personal Data for lawful, legitimate, necessary, specific, and explicit purposes, and we will only share the Personal Data required to provide the Services. We will disclose the Personal Data to the following categories of third parties for the purposes explained in this Privacy Policy:

(1) Affiliates and corporate partners. We disclose the Personal Data between and among our affiliates and related entities, for legitimate business purposes and the operation of the Services, in accordance with Applicab\le Laws.

(2) Service providers and business partners. Third-party service providers who provide us with technology services and business support may need to process the Personal Data. These third parties will process the Personal Data on our behalf under relevant contracts.

(3) Law enforcement agencies, public authorities or other judicial bodies and organizations. We disclose the Personal Data if we are legally required to do so, or if we have a good faith belief that such use is reasonably necessary to comply with a legal obligation, process or request; enforce the Terms and other terms, policies, and standards, including investigation of any potential violation thereof; detect, prevent or otherwise address security, fraud or technical issues; or protect the rights, property or safety of us, our users, a third party or the public as required or permitted by Applicable Laws (including exchanging information with other companies and organizations for the purposes of fraud protection).

(4) Change of corporate ownership. If we are involved in a merger, acquisition, bankruptcy, reorganization, partnership, asset sale or other transaction, we may disclose the Personal Data as part of that transaction.

4. RETAINING OF PERSONAL DATA

We adhere to retention policies for the Personal Data we collect to ensure that it is not retained longer than necessary for the intended purpose. Different retention periods are applied to the various types of Personal Data collected by us in accordance with the service needs and regulatory requirements, for example:

Email: When you register or log in using your Email, we need to continuously retain your Email to provide you with the Services, address any queries or complaints you may have, and safeguard the security of your account and the system.

The information you input, feedback you provide, likes, and dislikes, will be retained during the period before you withdraw, delete, or deactivate your account, and will be used to continuously provide you with better services.

The retention period of device ID collected by cookies is 21 days.

If you deactivate your account, delete Personal Data, or the retention period is expired, we will delete or anonymize your Personal Data, except in the following cases:

Compliance with legal requirements regarding data retention according to the applicable laws.

Extension of the period for financial, audit, dispute resolution, or other legitimate purposes.

When assessing how long your Personal Data is retained, we consider criteria such as:

(i) the nature of the Personal Data and the activities involved;

(ii) when and for how long you use the Services; and

(iii) our legitimate interests and our legal obligations.

5. COOKIES AND SIMILAR TECHNOLOGIES

We use cookies and similar technologies (collectively, “Tracking Technologies”) to provide the Services and to collect data. In addition, third parties may also use Tracking Technologies when you use the Services; for example, if we engaged a third party to operate the Services, or because the Services contain content or advertisements delivered by third parties. These Tracking Technologies consist of the components below.

Cookies are small text files that are unique to identify your device or browser, or to store data or settings in the browser to help you navigate between pages efficiently, remember your preferences, enable functionality, help us understand user activity and patterns. They can either be session-based (i.e., lasting only while your browser is open and automatically deleted when you close your browser) or persistent (i.e., lasting until you delete them or they expire).

We use Tracking Technologies for the following purposes:

(1) Sign-in/authentication. When you sign into your account to use the Services, we use Tracking Technologies to store your sign-in information. This allows the Services to remember your user preferences and give you a more tailored experience based on those preferences. It also allows you to use the Services without having to sign-in on each page or each time you return.

(2) Security. We use Tracking Technologies to help detect fraud and abuse of the Services, including attempts to access the Services without authorization.

(3) Analytics. We use Tracking Technologies to gather usage and performance data about the Services, including counting the number of unique visitors to a particular Service.

(4) Tailoring the Services. We use Tracking Technologies to collect information about how you use the Services so that we can tailor your experience based on what is most relevant to your interests.

(5) In some cases, we may work with third parties (for example, third party operators of the Services) to synchronize our unique, anonymous identifiers (such as those associated with Tracking Technologies) with the third party's own identifiers. This enables us to better achieve each of the purposes described above.

You may disable cookies if you want. However, if you choose to disable cookies, certain parts of the Services may not work properly. For more information about cookies and how to manage them, please visit: www.allaboutcookies.org.

6. SECURITY OF DATA

We have implemented appropriate technical and organizational security measures designed to protect the Personal Data against accidental or unlawful destruction, loss, alteration, unauthorized disclosure, unauthorized access, and other unlawful or unauthorized forms of processing, in accordance with Applicable Laws.

Your account is protected by a password for your privacy and security. You must prevent unauthorized access to your account and your Personal Data by selecting and protecting your password appropriately and limiting access to your computer or device and browser by signing off after you have finished accessing your account. If you have any concerns that your account or your Personal Data has been put at risk, for example if someone could have found out your password, please contact us by using the contact details provided in Section 13 CONTACT US.

While we use reasonable commercial efforts to protect the data, no technology, data transmission, or system can be guaranteed to be 100% secure. In the event of a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to your data, we will notify you according to the Applicable Laws.

7. PRIVACY RIGHTS & REMOVAL OF DATA

Depending on location, you may have certain statutory rights in relation to your Personal Data. For example, you may have the right to:

(1) access your Personal Data and information relating to how it is processed;

(2) delete your Personal Data from our records;

(3) rectify or update your Personal Data;

(4) transfer your Personal Data to a third party (right to data portability);

(5) restrict how we process your Personal Data;

(6) object to how we process your Personal Data; and

(7) lodge a complaint with your local data protection authority.

You can exercise some of these rights through your account. You may terminate your account by emailing requests to hello@deemos.com. Upon a request to terminate your account, we will deactivate or delete your account and information from our active databases.

We will do our best to honor these requests. However, please note that some information may be retained to comply with legal requirements, including, but not limited to, the need to prevent fraud; stop abuse of the Services; resolve payment disputes; assist with national, local or international investigations; and enforce the Terms.

8. ADDITIONAL U.S. STATE DISCLOSURES

8.1 The following table provides additional information about the categories of Personal Data we collect and how we disclose that data. You can read more about the Personal Data we collect in Section 1 PERSONAL DATA COLLECTION, how we use the Personal Data in Section 2 USE OF DATA, and how we retain the Personal Data in Section 6 SECURITY OF DATA.

Category of Personal Data	Disclosure of Personal Data
Identifiers, such as your name, contact details, IP address, and other device identifiers	We may disclose this data to our affiliates, vendors and service providers to process in accordance with our instructions; to law enforcement and other third parties for the legal reasons described above; to parties involved in transactions; to corporate administrators of enterprise or team accounts; and to other users and third parties you choose to share it with.
Commercial Information, such as your transaction history	We may disclose this data to our affiliates, vendors and service providers to process in accordance with our instructions; to law enforcement and other third parties for the legal reasons described above; to parties involved in transactions; and to corporate administrators of enterprise or team accounts.
Network activity information, such as content and how you interact with the Services	We may disclose this data to our affiliates, vendors and service providers to process in accordance with our instructions; to law enforcement and other third parties for the legal reasons described above; to parties involved in transactions; and to other users and third parties you choose to share it with.
Geolocation data	We may disclose this data to our affiliates, vendors and service providers to process in accordance with our instructions; to law enforcement and other third parties for the legal reasons described above; and to parties involved in transactions.
Your account login credentials and payment card information (Sensitive Personal Information)	We disclose this data to our affiliates, vendors and service providers, law enforcement, and parties involved in transactions.

8.2 To the extent provided for by local law and subject to applicable exceptions, you may have the following privacy rights in relation to your Personal Data:

(1) Exercising your rights. To the extent applicable under local law, you can exercise privacy rights described in Section 7 PRIVACY RIGHTS & REMOVAL OF DATA by submitting a request through the contact details provided in Section 13 CONTACT US.

(2) Opt-out of marketing communications. At present, we do not use the Personal Data for marketing purposes. In the event that we use your Personal Data for marketing in compliance with legal requirements, you will have the right to opt out of marketing-related emails and other communications by contacting us as provided in Section 13 CONTACT US. You may continue to receive Services-related and other non-marketing emails from us.

(3) Limit the Use of Sensitive Personal Information. You also have the right to request limitation of use and disclosure of your Sensitive Personal Information, subject to certain exceptions. If you would like to limit the use of your Sensitive Personal Information, please contact us by using the contact details provided in Section 13 CONTACT US.

(4) The verification code and password are Sensitive Personal Information under certain State data protection laws. Currently, we use and disclose the verification code to third-party service providers for the purpose necessary to supporting your account registration and login. We do not “sell” or “share” (as defined under applicable State data protection laws) your Sensitive Personal Information.

(5) Do Not Sell or Share My Personal Information. Based on the definition of “sell” and “share” under applicable State data protection laws, we do not believe that we engage in such activity and have not engaged in such activity in the past 12 months from the effective date of this Privacy Policy.

(6) Authorized Agents. You may also submit a rights request through an authorized agent. If you do so, the agent must present signed written permission to act on your behalf and you may also be required to independently verify your identity and submit proof of your residency with us. Authorized agent requests can be submitted to the contact details provided in Section 13 CONTACT US.

(7) Appeal. You may appeal our refusal to take action on a request by contacting us using the contact details provided in Section 13 CONTACT US.

(8) Direct Marketing. We do not disclose the Personal Data to third parties for their direct marketing purposes.

If you would like to contact us to exercise one or more of these rights, to ask a question about these rights or any other provision of this Privacy Policy or about our processing of your Personal Data, or to file a complaint about how we process your Personal Data, you may use the contact details provided in Section 13 CONTACT US. According to Applicable Laws, we may request you to provide documents such as application form and proof of identity. We may contact you to confirm your identity in order to handle your request. We will respond to your request or complaint in due course under the Applicable Laws.

9. SERVICE PROVIDERS

We may employ third-party companies and individuals (“Service Providers”) to facilitate our Services, to provide the Services on our behalf, to perform Services-related services or to assist us in analyzing how our Services are used. These third parties may have access to your data only to perform these tasks on our behalf and are obligated not to disclose or use it for other purposes.

10. LINKS TO OTHER SITES

Our Services may contain links to other sites 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.

11. CHILDREN'S PRIVACY

Our Services do not address anyone under the age of 18 (“Children”).

We do not knowingly collect the Personal Data from children under the age of 14. We encourage parents and guardians to monitor their children's online behavior, put parental control tools in place, and teach children not to provide their personal data through the Services without parental consent.

If you have reason to believe that a child under the age of 14 has provided the Personal Data to us without parental consent, please contact us immediately. We will investigate the matter and, if appropriate, endeavor to delete such Personal Data from our systems.

12. PRIVACY POLICY CHANGES

We may update this Privacy Policy from time to time. We will notify you of any changes by posting the new Policy on this page. We advise you to review this page periodically for changes to this Privacy Policy. Your continued use of the Services after any changes to this Privacy Policy constitutes your acceptance of the revised Privacy Policy.

13. CONTACT US

For more information about your data subject rights, or how we process your personal information, please contact us by using the information below. Controller: Deemos Corporation. Contact Email: hello@deemos.com