end user privacy policy

Effective Date: 11th December 2017

Soul Machines Limited (“Soul Machines” or “we”) recognizes the importance of protecting the privacy of your personal information, and we have prepared this privacy policy (“Privacy Policy”) to provide you with important information as to how the personal data we collect from you, or that you provide to us through your use of the Human Computing Engine and Embodied Cognitive Interface (a “Digital Human”) will be collected and used by us.  By using the Digital Human you are accepting and consenting to the practices described in this policy.

For the purposes of this Privacy Policy, the data controller is Soul Machines Limited of L4, Ferry Building, 99 Quay Street, Auckland, 1010, New Zealand.

Information Collected From You

The Digital Humans are digital interfaces that use advanced artificial and emotional intelligence technology to engage in human-like interactions with end users.  To facilitate these interactions, the Digital Human collect and process visual, audio, and textual information from end users, including through your computing device and any embedded microphone or camera.  We will collect the following information about you:

Information you give us before interacting with the Digital Human:

This is information about you that you give to us by filling in your details before interacting with the Digital Human. The information you give us before interacting with the Digital Human may be your name and email address.

Information you give us while interacting with the Digital Human:

This is information about you that you give to us by interacting with the Digital Human. The information you give us whilst interacting with the Digital Human will include questions that you ask the Digital Human and comments you make to the Digital Human in response to the Digital Human’s questions and comments.

Information we collect about you

This is information we automatically collect from you when you interact with the Digital Humans. The information we automatically collect from you will include information about your facial features, expressions and voice characteristics. You consent to our processing of such information in accordance with this privacy policy.

[In addition, we collect certain information automatically about your use of the Digital Human and the computers, phones, kiosks, or other devices where you use the Digital Human.  For example:

o    We collect information about how you use and engage with the Digital Human and the frequency and duration of your activities.
o    We collect device information, such as your operating system, hardware model, IP address, and other device identifiers.  
o    We collect information about your interactions with websites and online services where you use the Digital Human and information collected using cookies and similar technologies.  
o  Depending on your device settings, we may also collect location information, such as your device’s GPS signal or information about nearby WiFi access points and cell towers.]

Information we receive from other source

[This is information we receive about you if you use any of our contractual partners’ websites or services, or other third parties which utilises the Digital Human. We are working closely with third parties (including, for example, contractual partners, sub-contractors in technical, payment and delivery services, advertising network, analytics providers and search information providers). We will notify you when we receive information about you from them and the purposes for which we intend to use that information.]

How We Use Information About You

We will use your information that you give to us in the following ways:

  • to provide you with the information, products and services that you ask the Digital Human about;
  • to provide you with information about other goods and services that our contractual partners or we offer that are similar to those that you have already enquired about; and
  • to ensure that we have a record of your explicit consent to the collection of your sensitive personal data;
  • to notify you every now and again about important changes to the Digital Human;
  •   for security purposes;
  •   to provide you, or permit selected third parties to provide you, with information about goods or services we feel may interest you. If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant box situated on the pop up privacy notice.

We will use your information that we collect from you in the following ways:

  • to provide and improve our products and services, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
  • to produce reports on our users reaction to certain information provided by the Digital Human (these reports will not identify you in any way); and
  • to improve the Digital Human to ensure that it is appropriately responding to user interactions.

Disclosure of Information Collected By The Digital Human

You agree that we have the right to share your personal information with:

  • any contractual partner who utilises the Digital Human to provide customer support or other functionality;
  • selected service providers who perform certain functions or services on our behalf, such as hosting our services, business analytics, marketing, and data processing;
  • selected third parties in the event that we sell or transfer all or a portion of our business or assets to those third parties, such as in the event of a merger, acquisition, or in connection with a bankruptcy;
  • selected third parties where we are required to do so by law or court order;
  • any person to whom disclosure is necessary to enable us to enforce our rights under this privacy policy;

How We Look After Your Information And How Long We Keep It For

We use appropriate technological and operational security measures to protect your information against any unauthorised access to or unlawful use. However transmission of information over the internet can be insecure, and although we employ measures to protect your information from unauthorised access, you acknowledge that we cannot always guarantee the security of information sent over the internet.

We will retain your information for as long as is necessary to provide you with the services that you have requested from us, to enforce or defend our legal rights, or for as long as the law otherwise permits.

Where We Store Your Information

We may transfer your information to a territory based outside of the European Economic Area. If we do, we’ll ensure that your information is protected in accordance with our obligations under data protection laws either by transferring your information to a territory approved by the European Commission or by relying on an appropriate consent.

Your Rights To The Information We Hold About You

You have certain rights in respect of the information that we hold about you, including:

  • the right to ask us not to process your personal data for marketing purposes;
  • the right to request access to the information that we hold about you; and
  • the right to amend or remove information you give us at any time in certain circumstances.

You may exercise your rights above by contacting us using the details contained at the bottom of this Privacy Policy. Where we are entitled by applicable law to charge a fee to meet our costs in providing you with details of the information we hold about you, we will let you know if we intend to do so, and we may also require you to provide us with appropriate identification before we comply with this request.

You may request that we cease sending you any marketing information at any time by notifying us in writing or following any “unsubscribe” instructions included in any marketing communications we send to you.

Your Choices

We will not collect any sensitive personal information about you unless you have provided your explicit consent to us doing so by ticking the box on the privacy pop up.

Depending upon your device settings, you may also be able to turn off or disable the camera or microphone on your device.  Please note, however, that the Digital Human experience and functionality will be diminished if you choose to opt-out or disable your device camera or microphone.

Children’s Information

We do not knowingly collect any personal information from children under the age of 13 without parental consent, unless permitted by law.  If we learn that a child under the age of 13 has provided us with personal information, we will delete it in accordance with applicable law.

Updates and Contact Information

We may modify this Privacy Policy from time to time.  We will notify you of changes by posting changes here, or by other appropriate means.  Any changes to the Privacy Policy will become effective when the updated policy is posted on the Services.  Your use of a Digital Human following such changes indicates your acceptance of the revised Privacy Policy.

If you have any questions about this Privacy Policy or our practices, please contact us at privacy@soulmachines.com