Last updated: April 1, 2024

1. Who we are

   Gracia ai, Inc. ("Gracia", "we", "us”, “our") respect your privacy and we are committed to protecting the personal data we process about you. Gracia is a platform which enables: (i) "Creators" to share their own content (as well as view the content of other Creators); and (ii) "Fans" to view the content of Creators.

2. About this Policy

   This privacy policy ("Policy") explains our practices with respect to the personal data we process about our Creators and Fans. Some parts of the Policy are specifically aimed at Creators, and some parts are specifically aimed at Fans. It also applies to how we process the personal data of individuals that feature in content uploaded by a Creator ("Content Collaborators"), and where we process personal data about you in the context of our business relationships.

   We process your personal data when you use our website located at www.gracia.ai ("Website"), desktop applications and virtual reality applications (”Applications”) and for the provision of the services that we offer from time to time via our Website and Applications. We also process your personal data when you interact with us through our social media pages on third-party websites (e.g. Twitter and Instagram), or otherwise. We refer to these activities collectively as the "Services" in this Policy.

   We are a "data controller" of the personal data that we process in connection with the Services. This means that we decide the reasons why we process personal data about you and how we do so.

   Please review this Policy to understand how we process your personal data in connection with the Services. By using our Services, you acknowledge that you have read and understand the information in this Policy.

   If you have any questions about this Policy or our processing of your personal data, please email us at [email protected] for information about how to contact us.

3. What is personal data?

   "Personal data" means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular person or household.

   In addition, we may collect data that is not capable of identifying you or is otherwise not associated or linked with you, such as deidentified, aggregated or anonymised information. This type of data is not personal data and our use of such data is not subject to this Policy.

4. Informing us of changes

   It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes at any point during your relationship with us. Updates or corrections can be made through your account settings on our Website or Applications.

5. Third-party links

   Our Website or Applications may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share personal data about you.

   We are not responsible for, and this Policy does not apply to, the content, security or privacy practices of those other websites, plug-ins or applications. We encourage you to view the privacy and cookie policies / notices of those third parties to find out how your personal data may be used.

6. If you do not wish to provide personal data

   We need to collect certain personal data from you in order to provide you with access to the Services or specific features and functionalities of the Services in accordance with our contract with you (i.e. our Terms of Service). We are also required to process certain personal data in accordance with applicable laws. Please note that if you do not wish to provide personal data where requested, the Service will not be availableю

7. Updates to this Policy

   We may update this Policy from time to time, and any updates will be effective upon our posting of the revised Policy on our Website and Applications. We will use reasonable efforts to notify you in the event that material updates are made to this Policy, such as sending you a feed notification or a chat message via your account on our Website and Applications.

8. Why we collect this information

   We use the information we collect for the following reasons:

   • to create your account and profile and provide you with the Services;
   • to send you information related to the Services, including confirmations, invoices, technical notices, updates, security alerts, and support and administrative messages;
   • to ensure proper functioning of the Platform;
   • to ensure compliance with the Terms of Service
   • to address any problems which are brought to our attention;
   • to monitor and analyze the Services usage and trends and otherwise measure the effectiveness of the Services;
   • to gain insights into how Users and Creators interact with the Platform for the purpose of to evaluating and improving the content and features of the Platform (including through the use of data analytics or machine learning), or for developing new products and services;
   • to respond to feedback and questions and provide customer support;
   • to tailor your experience with the Platform;
   • to conduct surveys contests and sweepstakes;
   • to enhance the experience and enjoyment using our Services;
   • to contact you about your experience with the Platform and notify you about company news and promotions;
   • to market and promote the Services and other services and products we offer;
   • to operate the Services, provide customer support and personalized features and to protect the safety and security of the Services;
   • to protect our legal rights and interests, including by complying with our legal obligations (such as to prevent fraud or misuse of the platform);
   • to give effect to any other purpose to which you may consent.

   If you consented to our use of information about you for a specific purpose, you have the right to change your mind at any time, but this will not affect any processing that has already taken place. Where we are using your information because we or a third party have legitimate interest to do so, you have the right to object to that use though, in some cases, this may mean no longer use the Services.

9. How is the information stored and communicated

   Gracia keeps your Personal Information for only as long as necessary to fulfill the purposes described in this Privacy Policy, or in accordance with legal requirements.

   After the period set forth in that schedule, we will either destroy your Personal Information, or “de-personalize” it (meaning we will remove all information that allows you to be specifically identified).

   We never disclose your Personal Information to anyone outside of Gracia without your consent, except for the following:

   • If Gracia sells its business it may disclose your personal information to the extent necessary in connection with a due diligence review by the prospective buyer. Gracia will include provisions in the sale contract to require the buyer to treat your Personal Information in accordance with applicable law.
   • Gracia may disclose your Personal Information to public authorities without your consent if the law requires or allows us to do so, including to defend our rights, prevent fraud, or otherwise in compliance with the law.

10. Identification

    Users and Creators are publicly identified by the alias they use through the Platform, and all the Content they post (including videos, images or photos) is visible to all Users and can be viewed, collected, copies or used without consent. We recommend that you do not disclose information about yourself in the course of contributing Content or using the Platform, including in chat rooms, blogs, comments, reviews, walls or in similar functions in our Services. Information that you disclose in any of these instances is public information, and as such there is no expectation of privacy or confidentiality towards them.

    Since you control the information displayed or posted on your account or profile and the information you share through the Platform in general, we are not responsible for the Personal Information you choose to make available through the Platform. Instead, you are solely and fully responsible for any consequences arising out of such displayed or posted information, including if others are able to identify you based on the Content that you have posted.

11. Security

    All data is stored on servers with high-security safeguards, protected against misuse and access by unauthorized individuals. Such safeguards include passwords, data encryption and restricted-access areas on our premises. However, no security system is impenetrable and due to the inherent nature of the Internet, we cannot guarantee that data, during transmission through the Internet or while stored on our systems or otherwise in our care, is absolutely safe from intrusion by others. We will notify you of any data breach as required under applicable law.

    Your use of the Platform may involve the transfer, storage and processing of your information to and in various countries around the world where our servers are located and our databases are operated, including the United States of America, that may have different levels of privacy protection than your country. By using the Platform, you consent to your information being transferred to our facilities and to the facilities of those third parties with whom we share it as described in this Privacy Policy.

12. Cookies

    We may use cookies (small text files placed on a device’s hard disk) or similar technology to collect some non-identifiable information regarding your computer or mobile device and your activities in order to help improve your user experience (e.g. by storing your preferences and settings and authenticating your preferences). You can manage your cookie settings directly on your browser, or when applicable, on your device, however, be aware that if you disable or remove cookies, some parts of the Platform might not work properly.

13. Your rights

We offer you choices regarding the collection, correction, usage, retention and disclosure of your Personal Information and we will respect the choices you make. You have the right to refuse further collection, usage, retention and/or disclosure of your Personal Information by contacting support by email [email protected]. However, please note that by doing so your access to our Services might be limited. Below, we describe the tools and processes for making theses requests.

• Access and update your information – You can access and update your information from within the Service. For example, you can access your profile information from your account. You can update your profile information within your account settings and modify content that contain information about you using the editing tools associated with that content.
• You can contact our support by email [email protected] to gain access to or rectify any of your Personal Information under our control, or if you have any questions or concerns regarding this Privacy Policy. We will provide you with access within 30 days of your request unless we are prohibited to do so (for example, if providing access would compromise the privacy of a third person). If we cannot provide access, we will explain why.
• Delete your account – if you no longer wish to use our Services, you may request to delete your account by emailing our support team at [email protected]. Upon receiving your request, we will delete your user data within 3 working days.
• Opt out from receiving communications – You may opt out from receiving promotional communications from us by using the unsubscribe link in each email we send, updating your email preferences within your account settings menu, or by contacting us as provided below to have your contact information removed from our promotional email list or registration database. Even after you opt out from receiving promotional messages from us, you will continue to receive transactional messages from us regarding our Services. You can opt out from some notification messages in your account settings.
• Turn off Cookie Controls – Browser-based cookie controls are described in section 13. Cookies.