Privacy Policy

Introduction

Elvex, Inc. ("Company" or "We") respect your privacy and are committed to protecting it through our compliance with this policy.

This policy describes the types of information we may collect from you or that you may provide when you visit the website Elvex.ai, use or access our services (as defined in the applicable Order Form and Terms and Conditions), use or access our services that connect with third party large language model artificial intelligence vendors (“AI Features”), or otherwise interact with any such features of our website (our "Website") and our practices for collecting, using, maintaining, protecting, and disclosing that information.

We act as a data controller with respect to Personal Data that we collect and process for our own business purposes, including when you visit our website, create an account, request a demo, subscribe to marketing communications, or interact with us as a customer, vendor, or business contact. In these cases, we determine the purposes and means of processing such Personal Data and are responsible for complying with applicable data protection laws.

To the extent we process Personal Data on behalf of our customers through the use of our Services, we act as a data processor (or “service provider” under certain U.S. state privacy laws). In these circumstances, our customers are the data controllers (or “businesses”) and determine the purposes and means of processing Personal Data. We process such Personal Data only in accordance with our customers’ documented instructions and as described in the applicable customer agreement and Data Processing Addendum.

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This policy applies to information we collect:

• On this Website.
• In email, text, and other electronic messages between you and this Website.
• Through mobile and desktop applications you access or download from this Website, which provide dedicated non-browser-based interaction between you and this Website.
• Through using our AI Features

It does not apply to information collected by:

• Us offline or through any other means, including on any other website operated by Company or any third party including third party generative artificial intelligence providers; or 
• Any third party including through any application or content (including advertising) that may link to or be accessible from or through the Website.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website. By accessing or using this Website, you agree to this privacy policy. This policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates. 

Children Under the Age of 16

Our Website is not intended for children under 16 years of age. No one under age 16 may provide any personal information to or on the Website. We do not knowingly collect personal information from children under 16. If you are under 16, do not use or provide any information on this Website or through any of its features, register on the Website, make any purchases through the Website, use any of the interactive or public comment features of this Website, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us at privacy@elvex.ai.

Residents of certain states under 13, 16, or 18 years of age may have additional rights regarding the collection and sale of their personal information. Please see Your State Privacy Rights for more information.

Information We Collect About You and How We Collect It

We collect several types of information from and about users of our Website, including information:

• By which you may be personally identified, such as name, postal address, email address, telephone number, and any other identifier by which you may be contacted online or offline ("personal information");
• That is about you but individually does not identify you; and/or
• About your internet connection, the equipment you use to access our Website, and usage details.

We collect this information:

• Directly from you when you provide it to us on our Website or using AI Features.
• Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies.
• From third parties, for example, our business partners and service providers.

Information You Provide to Us  

The information we collect on or through our Website may include:

• Information that you provide by filling in forms on our Website. This includes information provided at the time of registering to use our Website, subscribing to our service, or requesting further services. We may also ask you for information to open a support request on our Website in relation to the services.
• Records and copies of your correspondence (including email addresses), if you contact us.
• Details of transactions you carry out through our Website and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Website.
• Your queries/prompts to and responses from to AI providers via our AI Features.
• Dynamic data sources you connect to and static data sources (i.e. files) you upload to power AI features.

For clarification, depending on how you use the Website and Services, we may collect information including, but not limited to: identifiers (such as name, email address, and account credentials), commercial information (such as subscription and billing details), internet or other electronic network activity information (such as IP address, device identifiers, and usage logs), approximate location derived from IP address, and professional or employment-related information (if you provide it).

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Sensitive Personal Information. We do not intend to collect Sensitive Personal Information (such as government identifiers, precise geolocation, health information, or payment card data beyond what is necessary to process payments). If you include Sensitive Personal Information in prompts, uploads, or connected sources, it will be processed as part of providing the Services.

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You also may provide information to be published or displayed (hereinafter, "posted") on features of the Website including AI Features, or transmitted to third parties (collectively, "User Contributions"). Your User Contributions are posted on and transmitted to others at your own risk. Although you may set certain privacy settings for such information, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

Information We Collect Through Automatic Data Collection Technologies  

As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

• Details of your visits to our Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website.
• Information about your computer and internet connection, including your IP address, operating system, and browser type.

The information we collect automatically may include personal information, or we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:

• Estimate our audience size and usage patterns.
• Store information about your preferences, allowing us to customize our Website according to your individual interests.
• Speed up your searches.
• Recognize you when you return to our Website.

The technologies we use for this automatic data collection may include:

• Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website. For information about managing your privacy and security settings for cookies, see Choices About How We Use and Disclose Your Information.
• Web Beacons. Pages of our Website and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity). 

Third-Party Use of Cookies and Other Tracking Technologies

Some content or applications, including advertisements, on the Website are served by third-parties, generative artificial intelligence providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content. 

We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see Choices About How We Use and Disclose Your Information.

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Depending on your location, you may have the right to opt out of targeted advertising or similar uses of personal information. See Your State Privacy Rights for additional information.

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How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information:

• To present our Website and its contents to you.
• To provide you with information, products, or services that you request from us.
• To fulfill any other purpose for which you provide it.
• To provide you with notices about your account and subscription, including expiration and renewal notices.
• To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
• To notify you about changes to our Website or any products or services we offer or provide though it.
• In any other way we may describe when you provide the information.
• For any other purpose with your consent.

We may also use your information to contact you about our own and third-parties' goods and services that may be of interest to you. If you do not want us to use your information in this way, please let us know by contacting us. For more information, see Choices About How We Use and Disclose Your Information.

We may use the information we have collected from you to enable us to display advertisements to our advertisers' target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.]

Disclosure of Your Information

We may disclose aggregated information about our users[, and information that does not identify any individual,] without restriction. 

We may disclose personal information that we collect or you provide as described in this privacy policy:

• To our subsidiaries and affiliates.
• To contractors, service providers, and other third parties including third party vendors for AI Features, that we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Elvex Inc.'s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Elvex Inc. about our Website users is among the assets transferred.
• To fulfill the purpose for which you provide it. [For example, if you give us an email address to use the "email a friend" feature of our Website, we will transmit the contents of that email and your email address to the recipients.]
• For any other purpose disclosed by us when you provide the information.
• With your consent.

We may also disclose your personal information:

• To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
• To enforce or apply our Terms of Use and terms and conditions of sale and Terms of Sale and other agreements, including for billing and collection purposes.
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Elvex, Inc., our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

The categories of personal information we may disclose include:

• An Elvex customer or company identifier.
• An e-mail address.
• A first and/or last name.
• Information about your internet connection (e.g. IP address) or equipment used to access our services (e.g. your web browser).

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We retain personal information for as long as reasonably necessary to: provide the Website and Services; maintain your account; process transactions; respond to requests; comply with legal obligations; resolve disputes; enforce agreements; and for security, fraud prevention, and audit purposes.

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Retention periods vary depending on the type of information and how it is used. For example:

• Account information is retained while your account is active and for a reasonable period thereafter.
• Support communications may be retained to address issues and improve support.
• Usage and security logs may be retained for security, troubleshooting, and fraud prevention.
• Customer Data (including prompts/inputs/outputs/files/connected-source data) is retained in accordance with the applicable customer agreement and our configuration options, and may be deleted or returned upon request as described in that agreement, subject to legal retention requirements.

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Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information: 

• Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
• Promotional Offers from the Company. If you do not wish to have your contact information used by the Company to promote our own or third parties' products or services, you can opt-out by sending us an email stating your request to privacy@elvex.ai. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions. This opt out does not apply to information provided to the Company as a result of a product purchase, warranty registration, product service experience or other transactions.

Depending on your location, we may provide a cookie banner or other tool that allows you to accept or reject non-essential cookies and similar technologies and to change your preferences later.

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Residents of certain states may have additional personal information rights and choices. Please see Your State Privacy Rights for more information.

Accessing and Correcting Your Information

If you are a registered user, you can review and change your personal information by logging into the Website and visiting your account profile page.

You may also send us an email at privacy@elvex.ai to request access to, correct, or delete any personal information that you have provided to us. We will honor deletion requests as required by applicable law. In some cases, we may need to retain certain information for legal, security, fraud-prevention, or operational purposes. If you use the Services through a business customer, requests relating to Customer Data should be directed to that customer, and we will assist the customer as required by our agreements and applicable law.

We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

Residents of certain states may have additional personal information rights and choices. Please see Your State Privacy Rights for more information.

Your State Privacy Rights

State consumer privacy laws may provide their residents with additional rights regarding our use of their personal information. 

California, Colorado, Connecticut, Delaware, Florida, Indiana, Iowa, Montana, Oregon, Tennessee, Texas, Utah, and Virginia provide (now or in the future) their state residents with rights to:

• Confirm whether we process their personal information.
• Access and delete certain personal information.
• Correct inaccuracies in their personal information, taking into account the information's nature processing purpose (excluding Iowa and Utah).
• Data portability.
• Opt-out of personal data processing for:
  
  • targeted advertising (excluding Iowa);
  • sales; or 
  • profiling in furtherance of decisions that produce legal or similarly significant effects (excluding Iowa and Utah).
• Either limit (opt-out of) or require consent to process sensitive personal data. 

The exact scope of these rights may vary by state. To exercise any of these rights please email privacy@elvex.ai. 

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California residents may have the right to opt out of the sale or sharing of personal information (as those terms are defined under California law), including sharing for cross-context behavioral advertising. To submit an opt-out request, email privacy@elvex.ai with the subject line “Do Not Sell or Share.” Where required, we will also process opt-out preference signals (such as the Global Privacy Control) for the browser/device you use.

Nevada provides its residents with a limited right to opt-out of certain personal information sales. Residents who wish to exercise this sale opt-out rights may submit a request to this designated address: privacy@elvex.ai. However, please know we do not currently sell data triggering that statute's opt-out requirements.

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Non-Discrimination. We will not discriminate against you for exercising your privacy rights.

GDPR Privacy

Legal basis for processing personal data under the European Union General Data Protection Regulation (GDPR). We may process personal data under the following conditions: 

• Consent: You have given Your consent for processing Personal Data for one or more specific purposes.
• Performance of a contract: Provision of Personal Data is necessary for the performance of an agreement with You and/or for any pre-contractual obligations thereof.
• Legal obligations: Processing Personal Data is necessary for compliance with a legal obligation to which the Company is subject.
• Vital interests: Processing Personal Data is necessary in order to protect Your vital interests or of another natural person.
• Public interests: Processing Personal Data is related to a task that is carried out in the public interest or in the exercise of official authority vested in the Company.
• Legitimate interests: Processing Personal Data is necessary for the purposes of the legitimate interests pursued by the Company.

In any case, the Company will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Data is a statutory or contractual requirement, or a requirement necessary to enter into a contract.

Your Rights under the GDPR 

The Company undertakes to respect the confidentiality of Your Personal Data and to guarantee You can exercise Your rights.

You have the right under this Privacy Policy, and by law if You are within the EU, to:

• Request access to Your Personal Data. The right to access, update or delete the information We have on You. Whenever made possible, you can access, update or request deletion of Your Personal Data directly within Your account settings section. If you are unable to perform these actions yourself, please contact Us to assist You. This also enables You to receive a copy of the Personal Data We hold about You.
• Request correction of the Personal Data that We hold about You. You have the right to have any incomplete or inaccurate information We hold about You corrected.
• Object to processing of Your Personal Data. This right exists where We are relying on a legitimate interest as the legal basis for Our processing and there is something about Your particular situation, which makes You want to object to our processing of Your Personal Data on this ground. You also have the right to object where We are processing Your Personal Data for direct marketing purposes.
• Request erasure of Your Personal Data. You have the right to ask Us to delete or remove Personal Data when there is no good reason for Us to continue processing it.
• Request the transfer of Your Personal Data. We will provide to You, or to a third-party You have chosen, Your Personal Data in a structured, commonly used, machine-readable format. Please note that this right only applies to automated information which You initially provided consent for Us to use or where We used the information to perform a contract with You.
• Withdraw Your consent. You have the right to withdraw Your consent on using your Personal Data. If You withdraw Your consent, We may not be able to provide You with access to certain specific functionalities of the Service.

Exercising of your GDPR Data Protection Rights

You may exercise Your rights of access, rectification, cancellation and opposition by contacting Us. Please note that we may ask You to verify Your identity before responding to such requests. If You make a request, We will try our best to respond to You as soon as possible.

You have the right to complain to a Data Protection Authority about Our collection and use of Your Personal Data. For more information, if You are in the European Economic Area (EEA), please contact Your local data protection authority in the EEA.

International Data Transfers. We may transfer personal information to countries other than where you live (including the United States) where we and our service providers operate. Where required by law, we use appropriate safeguards for cross-border transfers, such as standard contractual clauses or other lawful transfer mechanisms.

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AI Features

Third party Generative Artificial IntelligenceProviders (“GenAI Providers”) of your choice, connected to your accounts, will receive details about your interactions with the AI Features (including the contents of your queries or prompts, etc.) to provide their services in accordance with such GenAI Provider’s terms of service, which they may process in their legitimate business interests and is subject to the configuration and agreements applicable to your account with such GenAI Providers. We are not responsible for your communication, connection, or accounts with such GenAI Providers or your compliance with such GenAI Provider’s terms of service.Your user account information with us (e.g., username and email) is not shared with any third party GenAI Provider, but your API key to connect to GenAI Providers is shared for the purpose of facilitating the connection. In addition, your information may be shared with our GenAI Providers for the purpose of providing you with the Website and services.

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We do not directly permit GenAI providers to use Customer Data as defined in your agreement with us submitted through our AI Features to train or improve their general-purpose models unless you have expressly enabled such use under your agreement with that GenAI Provider. For avoidance of doubt, such use of Customer Data is entirely dependent on your settings and agreement with the GenAI Provider.

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We may access and process interactions with our AI Features to provide the Services, maintain security, prevent abuse, comply with law, and provide customer support, and we may generate and retain logs and metadata for these purposes, subject to the Data Retention section above.

Keep in mind, any information you provide to the AI Features will be shared with third party GenAI Providers, and there is no need to share sensitive personal information within AI Features (e.g., credit card information, social security information, etc.). 

Google Workplace API’s that you integrate with AI Features are not used by Company to develop, improve, or train generalized artificial intelligence and/or machine learning models with GenAI Providers through Company accounts.

You are responsible for ensuring that you have legal agreements in place with GenAI Providers you choose to integrate to ensure that any Input and Output is not used to develop, improve, or train generalized artificial intelligence and/or machine learning models. If you use the Services through a business customer, that customer is responsible for ensuring appropriate legal bases, notices, and agreements are in place for Customer Data processed through AI Features.

Data Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions will be encrypted using SSL technology. 

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in AI features.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

If we become aware of a security incident involving personal information, we will take reasonable steps to investigate and mitigate the incident and provide notices as required by applicable law and, where applicable, our customer agreements.

Changes to Our Privacy Policy

It is our policy to post any changes we make to our privacy policy on this page with a notice that the privacy policy has been updated on the Website home page. If we make material changes to how we treat our users' personal information, we will notify you by email to the primary email address specified in your account and/or through a notice on the Website home page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this privacy policy to check for any changes.

Contact Information

To ask questions or comment about this privacy policy and our privacy practices, contact us at: 

privacy@elvex.ai 

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