At Agentiiv, we are committed to protecting the privacy and security of our users' personal information. This privacy policy outlines how we collect, use, disclose, and safeguard your data when you use our website, web-based portal and related services (collectively the “Service”, “Agentiiv”, or “platform”). By using Agentiiv, you consent to the practices described in this privacy policy.

PLEASE READ THIS PRIVACY POLICY CAREFULLY AS IT BECOMES LEGALLY BINDING ON YOU WHEN YOU USE OUR SERVICE. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY YOU SHOULD IMMEDIATELY STOP USING OUR SERVICE. FURTHER, PLEASE REVISIT US REGULARLY TO KEEP TRACK OF ANY PRIVACY POLICY UPDATES.

Data Controller

If you have any questions about this privacy policy, the data collection and processing practices of this platform, or your dealings with our Service, please contact us at:

Data Controller: Agentiiv Inc.

Address: 1854 Lakeshore Blvd East, Toronto, M4L 6S8, Ontario, Canada

Contact E-mail: admin@agentiiv.com

Collection of Data

Agentiiv collects various types of personal data (that identifies a person, directly or indirectly) either directly from you (e.g., when you sign up for an account, create a new chat instance, or send us a message through our website). The types of data include, but are not limited to:

Personal Identification Information: Email address, first name, last name, address, password, country;
Usage Data;
Unique Device Identifiers;
Geographic Position and Device Information;
Demographic Data: Including geography/region, number of users, session duration;
Usage Metrics: Application opens, updates, first launches

Purposes of Data Processing

When we collect any personal information, we will do our best to store and process it securely. We will comply with our obligations and safeguard your rights under the applicable laws at all times. We process your data for the following purposes:

Provision of our Service. To allow you access and use our Service - create user accounts, send you an email containing a link to your chat instance, process transactions, send information about updates, notices, etc.
Enhance User Experience. To enhance our services and give you a better user experience when you use our Service.
Diagnosis & Troubleshooting. To diagnose problems with our servers, to administer our Service.
Security. To prevent, detect and investigate illegal activities, breaches of any agreements entered into between you and us and threats to the security of the Service.
Statistics. To produce aggregate statistical information about users and their activities on our Service that does not identify any person.
Legal & Compliance. To investigate any claims or disputes concerning the use of our Service.
Research & Development. To improve and enhance the safety and security of our Service, as well as to design and develop new features and products relating to the Service.

Legal Bases of Data Processing

Under applicable laws, we are required to have valid legal bases in order to lawfully collect and process any personal information. The following are the legal bases that we rely on when we collect, use and process your personal information:

(a) Consent. In order to collect and use certain information about you, we rely on your consent. This is where you have actively agreed to our collection and use of your personal information. For example, when you accept our use of cookies to collect and process certain information about your experience with us.

(b) Performance of a Contract. As a user of our Service, you agree to our Terms of Service in order to access and use the Service. We will process your personal information on the legal basis that it is necessary for us to provide you with our Service.

(c) Legal Compliance. We may have to process and share your personal data in order to comply with our legal obligations or to protect our rights or the rights of others. For example, we may be required to comply with a subpoena, court order, or a similar legal procedure.

(d) Legitimate interests. In some situations, we rely on our legitimate business interests in order to collect and process your personal data. Before using your data for our legitimate interests, we always carry out a balancing test to carefully consider the impact of the processing on your interests, rights and freedoms. We only process your personal data if we are satisfied there is no negative impact on you. Particularly, we rely on legitimate interests for the following activities:

providing, maintaining, improving and developing our Service;
analyzing the use of our Service;
using aggregated (non-personally identifiable) statistical and analysis data to identify usage trends;
dealing with user queries and complaints;
personalizing your experience on our Service;
identifying fraudulent behavior and ensuring our Service and systems are safe and secure.

Sharing of Your Information

When we provide our Service we share personal information with other parties. When we share your personal information, we do our best to ensure that it is stored and handled as securely as it is with us. We may share your personal information with the following categories of recipients:

Service Providers. We use third-party service providers to provide our services to you which may have access to your data in limited circumstances. We ensure that these service providers do not make use of your personal data for any secondary purposes other than our express written instructions. The following are the categories of such service providers:
- Hosting Service Providers - to host our Service, database (or parts thereof, e.g., TypingMind and Vercel.com) and media files;
- Payment Processors - to process payments (e.g., Strip.com and Wix.com. Please note we neither have access to nor store any of your credit card or payment data.);
- Infrastructure Providers (e.g., OpenAI and Anthropic API);
- Web Analytics Providers;
- Error Reporting Services.
Business Transfers. If we ever sell, transfer, or merge parts of our business or assets, your data may be transferred to a third party. Any new owner of our business may continue to use your data in the same way that we have used it, as specified in this privacy policy (i.e. to communicate with you).
Law Enforcement. In some limited circumstances, we may be legally required to share certain data, which may rarely include your personal data, if we are involved in legal proceedings or complying with legal obligations, a court order, or the instructions of a government authority.
Staff. We may share some personal information about you, we may share some personal information about you with our employees, or independent contracts. We ensure that they handle your personal data according to this privacy policy, applicable laws and our internal policies.

Your Privacy Rights

Under applicable data protection laws, you have the following rights regarding the personal data we hold about you:

Right to information. You have the right to know the purposes for which your personal information is collected at or before the time the information is collected. This privacy policy sets out what personal information we collect, how and why we collect it.
Right of access. You have the right to obtain access to your personal information we retain about you.
Right to rectification. You have the right to obtain rectification of your personal information without undue delay where that personal information is inaccurate or incomplete.
Right to erasure. The right to obtain the erasure of your personal information without undue delay in certain circumstances, such as where the personal information is no longer necessary in relation to the purposes for which it was collected or processed. The erasure of personal information also includes the anonymization of personal data.
Right to withdraw consent. You have the right to withdraw consent at any time, subject to legal or contractual restrictions and reasonable notice. Once consent is withdrawn, you will have the right to have your personal information erased and no longer used for processing.
Right to challenge compliance. You have the right to challenge our compliance with this privacy policy and applicable privacy laws. You can contact our Data Protection Officer to address any challenges via the contact details set out in this privacy policy.

Data Protection Officer (DPO)

In order to be compliant with applicable data protection laws we have appointed a Data Protection Officer (DPO) who shall monitor our compliance with applicable privacy laws and assist in exercising your privacy rights. Below are the details about our DPO:

Name: Michael Carrick

Phone number: 647 409-8935

Email: mike@agentiiv.com

How to Exercise Your Rights

To exercise any of these rights, please contact our DPO. We aim to respond within one (1) month of receiving a clear request. Complex or multiple requests may take longer, but we will keep you updated.

Note that conditions or limitations on these rights may apply depending on your legal jurisdiction. If you are dissatisfied with our response, you have the right to lodge a complaint with your local data protection authority.

Processing of Chat Data

All information collected when you create a new chat instance on the Service is securely stored on our TypingMind server (please refer to their privacy policy for more info about their data processing practices: https://www.typingmind.com/privacy). We never share your information with anyone else or any third-party service provider. If circumstances arise where we need to share your information with a third party (for instance, to link your billing information with your chat instance), we will always seek your explicit permission beforehand (via an "I understand" checkbox).

Vercel.com is employed to host your chat instance. Please refer to their privacy policy for more info about their data processing practices: https://vercel.com/legal/privacy-policy.

The chat instance you create is utilized by your users/team/community. When your users log in to the chat instance, we collect their email addresses to verify their identity. This information is used to send them an email with a login link. We also collect their name, avatar, and other information, but only if they choose to provide it to us. We use this information to display their name and avatar on the chat instance.

During the setup of your chat instance, we collect your OpenAI API key or Anthropic API key. These keys are utilized to connect to OpenAI/Anthropic to generate AI chat responses when your users use your AI chat instance. We never share your API keys with anyone else or any third-party services. Your users will not have access to see your API key, and keys are not used for any other purposes.

When your users log in to your chat instance, we dispatch an email to them containing the login code. The email originates from Agentiiv email services, with your name and email address displayed to the users as the "Reply-to" address.

The chat history and messages of your users are transmitted through our server when they interact with the chat instance. Chat messages are stored on our server so we can sync the chat between multiple devices for your users. Note messages must still pass through our server to prevent your API key from being exposed to the end users. Our server, through which the messages pass, is hosted on vercel.com. We do not log sensitive information (API Key) or user personal information on Vercel or any other logging system.

Your users' chat history, custom prompts, libraries, and bookmarks are stored locally on the device they use to access your chat instance. Users can opt to backup & sync their data across various services offered within the chat interface, including TypingMind Cloud (Backup/Sync/Share).

Users on your chat instance are unable to view each other's data and chat history.

Data Retention Period

We will keep your personal information only as long as is reasonably necessary for the purposes described in this privacy policy, or for a longer period as may be required by applicable laws. You can always request that we suspend or remove your personal data by writing to admin@agentiiv.com.

Security Measures

We maintain physical, electronic and procedural safeguards in connection with the collection, storage and disclosure of personal information. We also apply access restrictions to your personal data by our employees. Furthermore, we ensure to educate and train our employees about the importance of privacy and data protection continuously.

We use Secure Sockets Layer (SSL) to encrypt the information you enter on the Service to protect its security during transmission to and from our Service. When storing personal information, we protect its security by encryption and pseudonymization of data.

Although we take all these measures to maintain the safety and security of your personal information, you should be aware that no transmission over the Internet can ever be guaranteed to be secure. Therefore, we cannot fully guarantee the security of any personal information that you transfer over the Internet to us.

Third-Party Links

Agentiiv includes links to third-party websites to enhance user experience. These sites are not operated or controlled by us, and we assume no responsibility for their content, privacy policies, or practices. These third-party sites have their own policies and we urge users to review them before using their sites and services. Linking does not imply endorsement in any way and your use these sites is at your own risk. Agentiiv shall not be liable for damages arising from the use of third-party sites.

Minors’ Personal Data

Agentiiv recognizes the importance of protecting the privacy and safety of children. Our Service is not designed for, targeted at, or intentionally marketed to children under the age of 18. We do not knowingly collect, use, or disclose personal data from children under 18 years of age.

We explicitly prohibit individuals under the age of 18 from using our Service. If we learn that we have inadvertently collected personal data from a child under 18 without the required parental consent, we will take immediate steps to delete such information and terminate the child's account.

If you are a parent or legal guardian and you believe that your child under the age of 18 has submitted personal information to us you can contact us at admin@agentiiv.com. We will promptly investigate the concern and, if necessary, remove the child's personal data from our records and deactivate any associated accounts.

International Transfer of Data

Your information, including Personal Data, 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 from those of your jurisdiction. If you are located outside Canada and choose to provide information to us, please note that we transfer the data to Canada and process it there. Your consent to this privacy policy followed by your submission of such information represents your agreement to that transfer.

We use essential and functional cookies to maintain your logged-in state and store preferences such as UI language, aiming to improve your experience without tracking personal information.

10 Fair Information Principles

This privacy policy is crafted to align with the 10 fair information principles established by the Personal Information Protection and Electronic Documents Act of Canada (“PIPEDA”). In this policy, we detail our adherence to these principles. Below is a summary of the measures we take to ensure compliance.

Principle 1 - Accountability. We are committed to safeguarding your information. A designated Data Protection Officer oversees our compliance efforts. You can contact our DPO using the details provided in the designated section of our privacy policy.

Principle 2 - Identifying purposes. We have identified the purposes of processing in the relevant section of this privacy policy.

Principle 3 - Consent. We strive to obtain consent before collecting personal information, although local laws may vary. Individuals can contact our Data Protection Officer (DPO) using the details in this privacy policy to request information deletion.

Principle 4 - Limiting Collection. Personal data collected is limited to that which is necessary for the purposes identified in this privacy policy.

Principle 5 - Limiting Use, Disclosure, and Retention. We use your personal information only for the purposes for which it was collected. Details on the use, disclosure, and retention of your personal information are provided in the corresponding sections of this privacy policy

Principle 6 - Accuracy. We keep any information accurate, complete and up-to-date. Where there are changes in the information we retain about you, you are encouraged to submit a request to make changes.

Principle 7 - Safeguards. We protect your personal information with appropriate safeguards as set out in the relevant section of this privacy policy and ensure our service providers provide appropriate technical and organizational measures to protect your information from security breaches.

Principle 8 - Openness. We are open regarding our data collection and processing practices. You can find information about how we collect, use, process and disclose personal information in this privacy policy.

Principle 9 - Individual Access. You can submit a request to access your information we hold about you. You can use the contact details of our DPO to get in touch with us.

Principle 10 - Challenging Compliance. You are welcome to direct any questions or inquiries concerning our compliance with this privacy policy to our DPO.

Supplementary Notice to EU/UK Residents

The General Data Protection Regulation of the EU and the UK (collectively the “GDPR”) gives the residents of the EU/UK certain rights when their personal data is being collected and processed. At Agentiiv, we are committed to complying with the GDPR, as far as it applies to us, and we have embedded data protection by design and default into our Service.

This privacy policy, in its entirety, conforms with the information disclosure obligations set out under the GDPR. Therefore, EU/UK residents should read the entire privacy policy to find out how we handle their personal information.

(a) Data Subjects Rights. As an EU/UK resident, you have the rights accorded to you under Chapter 3 of the GDPR, and we always work to uphold these rights. These rights correspond to your rights accorded to you under the relevant section of this privacy policy. In order to obtain more information about your rights and how to exercise your rights, please contact our DPO at admin@Agentiiv.com.

(b) International Transfer of Data. If you are a resident of the EU/UK, you should be aware that when you access and use our Service your personal information will be transferred to countries located outside the EU/UK. We rely on several legal bases to lawfully transfer your personal data outside of your jurisdiction, including:

Adequacy decision of the EU Commission, and, as applicable, the UK Government.
Standard Contractual Clauses (SCC) approved by the European Commission, or international data transfer agreements (IDTA) or international data transfer addendum adopted by the UK Government.

(c) Exercising Your Data Protection Rights. You may exercise your rights of access, rectification, cancellation, erasure, and opposition by contacting us. Please note that we may ask you to verify your identity before responding to such requests, such as by asking you questions about your use of the Service. If you make a request, we will try our best to respond to you as soon as possible.

Supplementary Notice to California Residents

If you are a consumer residing in California, the following section is relevant to you. It's important to be aware that the laws mentioned below may not always apply to us, as there are specific criteria that must be met for their application, criteria which we may not always satisfy.

(a) California Shine the Light Law. California's Shine the Light Law, also known as the California Civil Code Section 1798.83 gives California residents the right to request information about how businesses share their personal information with third parties for direct marketing purposes.

Residents of California may ask us to provide them with a list of the types of personal information that we have disclosed during the preceding year to third parties for their direct marketing purposes, and the identity of those third parties. If you are a California resident and would like such a list, please contact us at admin@Agentiiv.com.

For all such requests, please indicate “CA Shine the Light” in the subject field and include your full name, email address, street address, city, state, and zip code in your request.

(b) California Consumer Privacy Act. The California Consumer Privacy Act of 2018 (“CCPA”) and California Privacy Rights Act of 2020 (“CPRA”) provide certain rights to residents of California. This section applies if you are a natural person who is a resident of California (“California Consumer”) and use our Service. This notice supplements the information in our privacy policy. Certain terms used below have the meanings given to them in the CCPA and CPRA. The CCPA and CPRA shall be collectively referred to herein as the “CPRA”.

For more details on the categories of personal information, the purposes for which we collected such information and the sources from which we obtain your personal information contact us at admin@agentiiv.com.

(c) Sale/Sharing of Your Data. We do not sell your personal data. We will share the personal information collected from and about you over the past twelve (12) months as discussed in this privacy policy for various business purposes.

(d) Your Privacy Rights and Choices. In addition to rights of access, correction and deletion, as described in the privacy policy, California Consumers may have certain additional rights in connection with the personal data we collect about you, many of which are subject to exceptions under applicable law:

The right to access and disclosure and portability. You may have the right to request, twice during twelve months, the following information about the personal data we have collected about you:
- the categories and specific pieces of personal information we have collected about you;
- the categories of sources from which we collected the personal information;
- the business or commercial purpose for which we collected or sold the personal information;
- the categories of third parties with whom we shared the personal information;
- the categories of personal information that we sold or disclosed for a business purpose, and the categories of third parties to whom we sold or disclosed that information for a business purpose; and
- the specific pieces of personal information we obtained from you in a format that is easily understandable, and to the extent technically feasible, in a structured commonly used, machine-readable format.
The right to nondiscrimination. We will not discriminate against you, alter our pricing, or offer a different standard of goods and services based on your decision to exercise these rights.
The right to opt-out of the sale or sharing of your personal information. You have the right to opt out of the sale or sharing of your personal information. California law broadly defines sale such that it may include allowing third parties to receive certain information, such as cookies IP address and/or browsing behavior, to deliver targeted advertising.
The right to limit the use of sensitive personal information. You possess the right to demand that we restrict the use or sharing of your confidential personal data strictly to what is essential for executing the services or delivering the goods you have solicited. We do not collect or share your sensitive information.

(e) How to exercise your access, correction and deletion rights. California residents may exercise their California privacy rights, as far as applicable, by submitting a request via email at admin@agentiiv.com or by contacting us at 647 409-8935.

Once we have verified your identity (and your agent, as applicable), we will respond to your request as appropriate. If we are unable to complete your requests fully for any of the reasons, we will provide you additional information about the reasons that we could not comply with your request.

(f) Authorized Agents. You have the option to appoint a representative (authorized agent) to submit requests on your behalf regarding your rights under the CPRA as outlined previously. We will undertake measures to confirm the identity of the individual attempting to exercise their rights as mentioned, and to verify that your representative is authorized to act on your behalf, either through a signed written authorization or a power of attorney provided to us.

Changes to Privacy Policy

This privacy policy may be amended by us from time to time. This may be done out of necessity (e.g., in order to reflect changes in the applicable laws), or if we change our business in a way that affects personal data protection.

Any changes will immediately be posted on our website and you will be deemed to have accepted the terms of the updated privacy policy on your first use of our Service following the amendments. Therefore, we strongly recommend you to revisit this page and check our privacy policy regularly in order to keep up-to-date.

Better to have a dedicated email address legal@agentiiv.com.

Privacy Policy

Last Updated April 16, 2024