Kai - Privacy Policy

Welcome to Kai, an Artificial Intelligence-powered coach designed to assist you to achieve your personal development and wellness goals (the “Service”). The Service is owned and operated by Kai.AI (the “Company”, “we”, “us” and “our”).

This Privacy Policy (the “Policy”) explains the privacy practices for our Service. It also describes the rights and options available to you with respect to your information.

This Policy is incorporated to the Service’s Terms of Use and constitutes an integral part of them.

PERSONAL DATA WE COLLECT

We collect your name and telephone number when you first access the Service 

Registration. The Service is openly available to use after you send us your first message via Facebook Messenger, Telegram or WhatsApp and accept our Terms of Use and this Privacy Policy, you are registered to the Service. We then have access to your name and phone number which we obtain from Facebook Messenger, Telegram or WhatsApp.  You may also provide us with your preferred name or nickname for future communications. We refer to this data as “Registration Information”.

We collect information relating to your support requests.

Support. When you contact us for customer support requests, we will collect your contact details and the information included in your request and in follow-up interactions we have with you. We refer to this entire data as “Support Information”.

We collect the content you provide us when you use Kai.

We collect the content you upload when using Kai and your answers to Kai’s questions, which may include personal data. We refer to this entire data as “Content Information”.

You are not legally required to provide us your information.

You do not have a legal duty to provide the above information. However, note that you will not be able to sign up to and use the Service, or contact us for support, without providing the above information, and we will not be able to provide you with the Service without collecting such information. 

We collect information relating to your use of the Service and your interaction with our email messages.

When you are using the Service, we will record and collect certain information in relation with your use of the Service and your interaction with our text and email messages, including IP address (and the general location corresponding to the address). We refer to this entire information as “Analytics Information”.

HOW WE USE PERSONAL DATA

To operate the Service and provide its features, and to prevent fraud.

We use Registration Information to verify your identity, and enable you to access the Service, to operate it and provide you its features and functionality. We also use it to facilitate our internal managerial, archival, administrative and audit activities. Providing us with the Registration Information is necessary also to help us prevent users fraudulent and unlawful uses of the Service.

To provide you with the Service’s core purpose, functions, and features.

We use your Content Information to enable you to use the Service, and to provide you with its core purpose, features, and functionality. We use the Content Information to analyze your answers and determine and personalize Kai’s response to it or transfer the conversation to one of our human companions. 

To provide you customer support.

We use your Registration and Support Information to provide you customer support and handle your inquiries effectively.

We use Analytics and Content Information to train, develop and enhance the Service. We also use it for business administration purposes.

We use Analytics Information and Content Information to understand how users interact with the Service so that we can further train, improve, develop and enhance it. We also use Analytics Information to adjust the Service and our communications to users’ preferences. Where we use your Content Information to train and improve the Service we will do so only after removing any information that directly identifies you personally. We will use Analytics Information to understand the market in which we operate in and for managerial reporting and business planning. When we process Analytics Information, we will not be able to directly identify the person who uses the Service.

WHEN AND HOW WE SHARE PERSONAL DATA WITH OTHERS

We will not share your information with third parties, except in the events listed below or when you provide us your explicit and informed consent.

We share your information with our service providers helping us operate the Service and our business.

We may process your information by using our service providers who help us with the internal operations of our Service and business. These companies are authorized to use your personal information only as necessary to provide these services to us and not for their own promotional purposes. We do not sell your personal information to third parties.

We will share your information if we are legally required to do so.

We will share your information with the relevant authorities if we are obligated to so by law. 

We will share your information if necessary to defend Kai from legal claims.

We may share your information with the relevant authorities and with third parties (such as legal counsels and advisors), if necessary to defend Kai from legal claims or if you have breached the Terms of Use, this Policy or any other agreement you have with us, for the purpose of handling of the violation or breach.

We will share your information if the operation of the Service is organized within a different framework.

If the operation of the Service is organized within a different framework, or through another legal structure or entity (such as due to a merger or acquisition), provided that those entities agree to be bound by the provisions of this Policy, with reasonably necessary changes taken into consideration.

We will share your information in case of an emergency concerning you.

If we need to act immediately to protect the personal safety and health of our customers or the public.

WHEN AND HOW WE SHARE PERSONAL DATA WITH OTHERS

We may store and process information outside your territory.

The Service, by its nature as an online Service, may store and process information and content in various locations throughout the globe, including through cloud services. If you are a resident in a jurisdiction where transfer of your personal information to another jurisdiction requires your consent, then you provide your express and unambiguous consent to such cross-border transfer.If you are an EU resident and we transfer your personal information to a jurisdiction out of the EU, we will do so by using adequate safeguards determined by the GDPR.

SECURITY AND DATA RETENTION

We retain your personal information for as long as we need it to operate the Service and interact with users, and thereafter as needed for record-keeping matters.

We retain personal data for the duration needed to support our ordinary business activities operating the Service and interacting with users. Thereafter, we will continue to retain your personal information as necessary to comply with our legal obligations, resolve disputes, establish and defend legal claims and enforce our Terms of Use, this Policy and other agreements we have with our users.

We implement measures to secure your Information.

We implement measures to reduce the risks of damage, loss of information and unauthorized access or use of information. However, these measures do not provide absolute information security. Therefore, although efforts are made to secure your personal information, it is not guaranteed, and you cannot expect that the Service will be immune from information security risks.

SECURITY AND DATA RETENTION

The Company is the data controller of the personal data we collect in relation to the Service.

The Company is the data controller for the purposes of the personal data we collect via the Service and for the performance of the Service.

The Company is incorporated in Delaware (United States).

Our registered address is: 
Kai.AI, Inc.c/o Cogency Global Inc.
850 New Burton Road, Suite 201
Dover DE, 19904
United States of America

Legal basis for processing under the GDPR.

The legal basis for collecting and processing Registration, Content, and Support Information is the performance of our Terms of Use agreement with you.

The legal basis for collecting and processing Analytics Information and Content Information for the purpose of training and improving the service is our legitimate interests in developing, improving and enhancing the Service.

The legal basis for processing your information for the purpose of handling instances of abusive use of the Service is our legitimate interests in defending and enforcing against violations and breaches that are harmful to our business.

The legal basis for processing your information where we are legally required to share it, is our legitimate interests in complying with mandatory legal requirements imposed on us.

The legal basis for processing your information in the event of a change in our corporate structure is our legitimate interests in our business continuity.

You have the right to access, update or delete your information, obtain a copy of your information, withdraw your consent and object or restrict certain data processing activities.

If you are an individual in the EU you have the following rights under the GDPR, subject to the limitations that the GDPR attaches to these rights:

Right to Access your personal information that we process and receive a copy of it.

Right to Rectify inaccurate personal information we have concerning you and to have incomplete personal information completed.

Right to Data Portability, that is, to receive the personal information that you provided to us, in a structured, commonly used and machine-readable format. You have the right to transmit this data to another service provider. Where technically feasible, you have the right that your personal information be transmitted directly from us to the service provider you designate.

Right to Object, based on your particular situation, to using your personal information on the basis of our legitimate interest. However, we may override the objection if we demonstrate compelling legitimate grounds, or for the establishment, exercise or defense of legal claims. You may also object at any time to the use of your personal information for direct marketing purposes.

Right to Restrict the processing of your personal information (except for storing it) if you contest its accuracy, for a period enabling us to verify its accuracy; if you believe that the processing is unlawful and you opposes the erasure of the personal information and requests instead to restrict its use; if we no longer need the personal information for the purposes outlined in this Policy, but you require it to establish, exercise or defense relating to legal claims, or if you object to processing, pending the verification whether our legitimate grounds for processing override yours.

Right to be Forgotten. Under certain circumstances, such as when the personal information is no longer necessary for the purposes for which they were processed, you have the right to ask us to erase your personal information. However, we may still process your personal information if it is necessary to comply with a legal obligation which we are subject to under laws in the EU Member State, or for the establishment, exercise or defense of legal claims.

If the legal basis for processing your personal information is our consent, you may Withdraw Your Consent at any time. If you do that, we will still process certain information on a legal basis other than consent, as described in the Policy. Withdrawing your consent will not affect the lawfulness of data processing we carried out based on your consent before such withdrawal.If you wish to exercise any of the abovementioned rights, contact us at [email protected]. We reserve the right to ask for reasonable evidence to verify your identity before we provide you with information. Where we are not able to provide you with information that you have asked for, we will explain the reason for this.

You have a right to submit a complaint to the relevant supervisory data protection authority.

Subject to applicable law, you have the right to lodge a complaint with your local data protection authority. If you are in the EU, then according to Article 77 of the GDPR, you can lodge a complaint to the supervisory authority, in particular in the Member State of our residence, place of work or of an alleged infringement of the GDPR. For a list of supervisory authorities in the EU, click here.

MINORS

You must be at least 18 years of age to use the Service.

The Service is not intended for minors under the age of 18. We do not knowingly or intentionally collect information about minors under the age of 18. IF YOU ARE UNDER THE AGE OF 18 YOU MAY NOT USE THE SERVICE.

CHANGES TO THIS PRIVACY POLICY

If we change this Policy, we will provide you with notice of such change.

From time to time, we may change this Policy, in which case we will inform you of the updated Policy through the Service’s interface or via the email address you provided us. The latest version of the Policy will always be accessible through the Service.

CONTACT US

You can contact us at [email protected]

Should you have any inquiries, complaints or suggestions, you may contact us at [email protected]. We will do our best to resolve your issue in a timely manner.

Last updated: July 29th, 2020.