Introduction

This Privacy Policy (the “Privacy Policy” or “Policy”) describes the types of information Kewl AI, dba “hii5,” and its wholly owned subsidiaries and named affiliates (“Kewl AI,” “we,” “our,” or “us”) collects and processes from and about you.  

Except as described in this Privacy Policy, the Policy applies to any and all websites, mobile applications, and any other electronic and/or digital products and/or other services that are made available by Kewl AI and that link to this Policy, and our offline services (collectively, the “Services”). 

By using the Services, you are agreeing to the practices described in this Privacy Policy. If you do not agree to the practices described in this Privacy Policy, please do not access or use the Services.

Undefined capitalized terms used herein shall have the meaning set forth in the Kewl AI Terms of Service.

1. Information We Collect

We collect information about you when you use our Services. The types of information we collect depend on the services and the features you use on the Services. Please note that we need certain types of information to provide the Services to you. If you do not provide us with such information, or if you ask us to delete that information, you may no longer be able to access or use certain Services.

The information we collect may include data you directly provide to us, data we obtain automatically from your interactions with our Services, and data we obtain from other sources.

Information You Provide Directly to Us

We may collect information directly from you when you use the Services, communicate with us, or participate in a contest or promotion.  The types of information we may collect from you directly include:

• Name

• Mobile phone number

• Username

• Birth month and day

• Your User Content, such as user-to-user messages, photos, videos, comments, and reactions 

• Contacts, including names and phone numbers of contacts in your address book where you authorize us to access such information (the “Address Book”). Subject to applicable laws, we may store certain information in your Address Book to enable us to notify you on an ongoing basis of contacts who have Accounts with us.

Information We Collect Automatically

We collect certain information about your use of the Services and the devices you use to access the Services, as described in this section (“usage information”). As discussed further below, we and our service providers (which are third party companies that work on our behalf), may use a variety of technologies, including cookies, SDKs, and similar tools, to assist in collecting this information.

Website: When you access our website, we collect and analyze information such as your IP address, browser types, browser language, operating system, the state or country from which you accessed the Services, software and hardware attributes (including device IDs) referring and exit pages and URLs, platform type, the number of clicks, files you download, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the terms you use in searches on our sites, the date and time you used the Services, error logs, and other similar information.

Hii5 App: When you use our mobile applications, such as the hii5 app (the “Apps”), we automatically receive certain information about the mobile phone, tablet, or computer used to access the Apps, including a mobile device identifier, advertising identifiers (in accordance with your device settings), IP address, operating system, version, Internet service provider, browser type, domain name and other similar information, whether and when you update the Apps, date and time of use, and how you use the Apps, including time spent in different portions of the Apps.

Location Information: When you use the Services, we and our service providers may automatically collect general location information (e.g., IP address, city/state and or postal code associated with an IP address) from your computer or mobile device. 

AI-Generated Insights: One feature of our Services is that we may use artificial intelligence to analyze your content to suggest replies, such as reply comments, reactions, and GIFs. To provide these features, User Content is automatically analyzed by artificial intelligence technology.

Cookies and Tracking Technologies: To collect the information discussed in this section, we and our service providers use web server logs, cookies, tags, SDKs, tracking pixels, and other similar tracking technologies. We use these technologies to offer you a more tailored experience.

• A web server log is a file where website activity is stored.

• An SDK is a set of tools and/or code that we embed in our Apps and software to allow third parties to collect information about how users interact with the Services.

• A cookie is a small text file that is placed on your computer or mobile device when you visit a site, that enables us to: (i) recognize your computer/device; (ii) store your preferences and settings; (iii) understand the parts of the Services you have visited and used; (iv), enhance your user experience by delivering and measuring the effectiveness of content and advertising tailored to your interests; (v) perform searches and analytics; and (vi) assist with security and administrative functions.

• Tracking pixels (sometimes referred to as web beacons or clear GIFs) are tiny electronic tags with a unique identifier embedded in websites, online ads and/or email that are designed to: (1) collect usage information like ad impressions or clicks and email open rates; (2) measure popularity of the Services and associated advertising; and (3) access user cookies.

As we adopt additional technologies, we may also gather information through other methods.

Please note that you can change your settings to notify you when a cookie is being set or updated, or to block cookies altogether. Please consult the "Help" section of your browser for more information (e.g., Internet Explorer; Google Chrome; Mozilla Firefox; or Apple Safari). Please note that by blocking, disabling, or managing any or all cookies, you may not have access to certain features or offerings of the Services.

Information We Collect from Other Sources

We may gather information about you, including your contact information, from third parties, such as when we are authorized to access a user’s device address book.  

2. How We Use Your Information

We may use your information to: 

• Provide information, products, or services to you, including the Services. 

• Personalize and improve the Services.

• Analyze, improve, modify, customize, and measure the Services, including to train our artificial intelligence/machine learning models.

• Provide customer service, including to respond to your comments, questions, and requests.

• Communicate with you about Kewl AI’s products, services, surveys, events, content, and other news and information we think may be of interest to you.

• Comply with our legal obligations or as permitted by law.

• Protect the safety and/or integrity of our users, employees, third parties, members of the public, and/or our Services, including to prevent, detect, investigate, and respond to fraud, unauthorized access/use of the Services, breaches of terms and policies, or other wrongful behavior.

• Enforce our Terms of Service and any other agreements between you and Kewl AI. 

• Carry out any other purpose for which the information was collected.

• As directed by you or with your consent.

Connecting Users. The Services may allow users to start Chats or send Chat requests to other users.  Chats may be between two users, or between three or more users (“Group Chat,” which is a type of Chat). When users have each other’s Account phone numbers in their Address Books, they will by default be permitted to start Chats with each other. If you start a Chat with a user whose Address Book does not include your phone number, your Chat will be sent as a request to connect with the other user (a “Chat Request”). The user must accept your Chat Request before they can view the actual content of your Chat. Once a Chat Request is accepted, a Chat will open up between those users and those users will become connected in the Services. As used in this Policy, connected users will be referred to as “Contacts.”

Combining Data. We may combine information that we collect from you through the Services with information that we obtain from other sources.  We may also aggregate and/or de-identify information collected through the Services. We may use and disclose de-identified or aggregated data for any purpose, including without limitation for research and marketing purposes.

3. When We Disclose Your Information

We may disclose your information for various reasons as described below.

Kewl AI offers its users a platform to communicate with each other, including to send messages, reactions, and comments to other users. Below we describe how Chats work, and the information made available to others through the Services:

• Live View: Unlike some messaging platforms, our Services connect you more deeply with your Contacts by enabling each Contact in a Chat (including a Group Chat) to view what other users are typing into the Chat. Users can see typing, deleting, correcting, and other actions taken within the Chat. When you use the Services, you are directing us to transmit draft messages, sent messages, and other content to other users in a Group. 

• Chat Availability Period: You should be aware that any information you transmit may be read and used by recipients of such content, even after you terminate your Account. As described in our Terms, we make Chats available to other users only during the Chat Availability Period. While we implement protections to prevent users from copying, exporting, or otherwise extracting Chats from the Services, no protections are full-proof, so users may retain your User Content.

• Information Available to Other Users: When you create an Account on the Services, you have the option of adding a photo to your Account profile. We may also require you to create a username/handle for the Services along with your full name. Your profile photo, full name, and username will be made available to other users of the Services. 

• Chat Histories: Contacts can view the history of available Chats made by other Contacts. This means, for example, that once a user becomes your Contact, that user will see all available Chats, including Group Chats, between you and that new Contact.

• Group Chats: Group Chats may be initiated by any user (the “Group Chat Creator”). Users within the Group Chat who are Contacts of the Group Chat Creator may communicate with each other in the Group Chat. 

We may also disclose your information for the reasons below.

Vendors. We may disclose your information to employees, consultants, and other vendors who need access to such information to carry out work or perform services on our behalf, such as those who provide data storage, payment, technology support and services, customer service, analytics, fraud prevention, legal services, and marketing services.

Affiliates. We may disclose your information to our affiliates.

Safety and Law Enforcement. We may need to disclose or provide access to information if Kewl AI has a good faith belief that such action is necessary to (i) comply with the law; (ii) comply with legal processes or governmental requests; (iii) prevent, investigate, detect, or prosecute criminal offenses or attacks on the technical integrity of our website or our network; and/or (iv) to protect the rights, property, safety and security of Kewl AI, our employees, our users, and/or the public.

Business Transactions. We may disclose your information in connection with, or during negotiations of, any merger, acquisition, sale of assets or any business, other change of control transaction or financing; between any future parent, subsidiary, and/or affiliated company.

At Your Direction/Consent. We may disclose your information as otherwise permitted or required by law or as authorized by you.

Advertising/Analytics Partners. We may share some of your information with advertising and analytics partners to serve advertisements on our behalf across the internet and to provide analytics services. These entities may use Cookies in the same way we do, to among other things, track and analyze data, determine the popularity of certain content, deliver advertising and content targeted to your interests and better understand your online activity. For more information about how to manage having your web browsing information used for advertising purposed, please see the Your Choices section below.

Aggregate/De-Identified Information. We reserve the right to create aggregate/de-identified data from the information we collect through the Services and our disclosure of such aggregate/de-identified data is in our discretion.

4. Analytics & Advertising

Analytics

We may use third-party web analytics services on the Services, such as those of Google Analytics. These service providers use the sort of technology described in the “Information we collect automatically” section above to help us analyze how users use the Services, including by noting the third-party website from which you arrive. The information collected by the technology will be disclosed to or collected directly by these service providers, who use the information to evaluate your use of the Service. We also use Google Analytics for certain purposes related to advertising, as described in the following section. To prevent Google Analytics from using your information for analytics, you may install the Google Analytics Opt-Out Browser Add-on.

Tailored Advertising

We may allow certain third parties (e.g., ad networks and ad servers such as Google Analytics) to serve tailored marketing to you and to access their own cookies or other tracking technologies on your computer, mobile phone, or other device you use to access the Services. We neither have access to, nor does this Privacy Policy govern, the use of cookies or other tracking technologies that may be placed on your computer, mobile phone, or other device you use to access the Services by non-affiliated, third-party ad technologies, ad servers, ad networks or any other non-affiliated third parties. Those parties that use these technologies may offer you a way to opt out of targeted advertising as described below. You may receive tailored advertising on your computer through a web browser. 

If you are interested in more information about tailored browser advertising and how you can generally control cookies from being put on your computer to deliver tailored marketing, you may visit the Network Advertising Initiative's (“NAI”) Consumer Opt-Out Link and/or the Digital Advertising Alliance's (“DAA”) Consumer Opt-Out Link to opt-out of receiving tailored advertising from companies that participate in those programs. To opt out of Google Analytics for Display Advertising or customize Google Display Network ads, you can visit the Google Ads Settings page. Please note that to the extent advertising technology is integrated into the Service, you may still receive advertising content even if you opt out of tailored advertising. In that case, the advertising content may just not be tailored to your interests. If your browsers are configured to reject cookies when you visit this opt-out page, or you subsequently erase your cookies, use a different computer or change web browsers, your NAI or DAA opt-out may no longer be effective. Additional information is available on NAI's and DAA's websites, accessible by the above links.

If you do not want to receive personalized in-application advertisements from third parties on your mobile device, you may exercise that choice by visiting your mobile device’s “settings” menu and adjusting the device’s ad tracking settings (such as turning off the feature to “Allow Apps to Request to Track”). Certain apps, such as the Digital Advertising Alliance’s “AppChoices” app can help you exercise your behavioral advertising choices and are available from some platform providers (such as Apple or Google).

We do not control any of the above opt-out mechanisms and are not responsible for any choices you make using these mechanisms or the continued availability or accuracy of these mechanisms.

Do Not Track

Kewl AI and the third parties who assist in operating the Services do not respond differently or limit their practices under the terms of this policy when you access those online services with a browser that uses a do not track signal.

5. Third Party Websites or Services

Kewl AI may maintain links to other websites or services and other websites may maintain links to the Services. This Privacy Policy applies only to the Services and not to other websites or services accessible from Kewl AI or that you use to access Kewl AI, each of which may have privacy policies materially different from this Privacy Policy. If you visit other websites or use other services, Kewl AI is not responsible for the privacy practices or content of those sites. It is your responsibility to review the privacy policies of non-Kewl AI websites and service to confirm that you understand and agree with them.

6. Your Choices

Account Information. You may update, correct, or modify information about you at any time by logging into your Account or emailing us at contact@kewl.ai.

Cookies. Most web browsers are set to accept Cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. The method for disabling Cookies may vary by device and browser, but can usually be found in your device or browser preferences or security settings. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of the Services.

Online Advertising Networks. You may exercise rights related to online advertising by following the instructions above.

Marketing Emails. You may opt out of receiving marketing emails from us by following the instructions in those marketing emails. If you choose to opt out, we will still send you non-marketing communications, such as those about your Account or our ongoing business relations.

7. Residents of the European Economic Area or United Kingdom

Residents of the European Economic Area and United Kingdom. Kewl AI is considered the “data controller” of the “personal data” (as defined under the General Data Protection Regulation) we handle under this Policy. In other words, Kewl AI is responsible for deciding how to collect, use, and disclose personal data, subject to applicable law. The laws of the European Economic Area and the United Kingdom require data controllers to tell you about the legal ground that they rely on for using, sharing, or disclosing your personal data. To the extent those laws apply, our legal grounds are as follows:

• Contractual Commitments: We may use, share, or disclose personal data to honor our contractual commitments to you. For example, we will process your personal data to comply with our agreements with you, and to honor our commitments in any contracts that we have with you.

• With Your Consent: Where required by law, and in some other cases, we use, share, or disclose personal data on the basis of your consent.

• Legitimate Interests: In many cases, we use, share, or disclose personal data on the ground that it furthers our legitimate business interests in ways that are not overridden by the interests or fundamental rights and freedoms of the affected individuals, such as customer service, certain promotional activities, analyzing and improving our business, providing security for the Services, preventing fraud, and managing legal issues.

• Legal Compliance: We need to use and disclose personal data in certain ways to comply with our legal obligations.

In addition to those rights described herein, you have the right to lodge a complaint with the relevant supervisory authority. However, we encourage you to contact us first, and we will do our very best to resolve your concern.

8. Data Security

We maintain administrative, technical, and physical safeguards that are designed to protect the privacy and security of personal information. However, the Internet is not a fully secure environment, and we cannot ensure or warranty the security of any information transmitted to or generated by Kewl AI in connection with the Services or any other service offered by Kewl AI. You play a critical role in protecting your information by maintaining up-to-date computer security protections. Steps you take to ensure the security of your computer, computer passwords, or other personal identifier authentication mechanisms are key components of the protection of your personal information. You agree that you are responsible for any additional verification procedures and security you deem necessary.

9. Personal Information of Children

The Services and Kewl AI’s other services are not directed to children under the age of 13 (“Child”).  We do not knowingly solicit or collect personal information about Children. If you are a parent or guardian and you learn that your Child has provided us with personal information, please contact us. If we discover that a Child has provided us with personal information, we will delete such information from our servers as required by applicable law.

10. Notice to Persons Located Outside the United States

If you are visiting from the European Union or other regions with laws governing data collection and use, please note that you are agreeing to the transfer of your information outside the country in which you reside, including, but not limited to the United States, where data protection and privacy regulations may not offer the same level of protection as in other parts of the world.  Your information may be transferred for processing and storage by Kewl AI and our affiliates and third parties.  If you do not want your information to leave your jurisdiction, do not provide the information to us. By providing information to us, you explicitly consent to the transfer of your information to the United States.

11. Notice to California Residents – Shine the Light

Under California Civil Code Section 1798.83 (also known as the “Shine the Light” law), users who are residents of California may request information regarding the disclosure of our personal information by us to third parties for the third parties’ direct marketing purposes.  We do not disclose your information to third parties for these purposes. 

12. Notice to Nevada Residents

Under Nevada law, certain Nevada consumers may opt out of the sale of “personally identifiable information” for monetary consideration to another person. “Personally identifiable information” includes first and last name, address, email address, phone number, Social Security Number, or an identifier that allows a specific person to be contacted either physically or online.

We do not engage in such activity; however, if you are a Nevada resident who has purchased or leased goods or services from us, you may submit a request to opt out of any potential future sales under Nevada law by contacting us using the information in the “Contact Us” section below. Please note we will take reasonable steps to verify your identity and the authenticity of the request. Once verified, we will maintain your request in the event our practices change.

13. Changes to the Privacy Policy

We may change this Policy to reflect changes in the law, our information practices, or the features of the Services. At the top of our Policy, we will indicate the date of the most recent update. If we make a material change to the Policy, you will be provided with appropriate notice in accordance with legal requirements. By continuing to use the Services, you are confirming that you have read and understood the latest version of this Policy.

14. Contact Us 

If you have questions or concerns regarding this Privacy Policy, you should contact us by email at contact@kewl.ai.