Privacy Policy

Privacy Policy

Effective as of 30 August 2024

(Introduction)

This privacy policy (the “Policy”) describes 404-GEN AG (“404-GEN”)’s practices with respect to personal data that is collected when you access 404.xyz (the “Site”), or access or use the 404-GEN services, applications, or platform through the Site, Discord servers administered by 404-GEN, or by any other means (collectively, the “Services”) . 404-GEN is a communications technology incubator that provides 3D generation services to augment human creativity and foster social connection.

As used in this Policy, “personal data” means any information that relates to, describes, could be used to identify an individual, directly or indirectly.

Applicability: This Policy applies to personal data that 404-GEN collects, uses, and discloses and which may include: (i) data collected through the Services, (ii) data collected through the process of training 404-GEN machine learning algorithms, (iii) data collected through 404-GEN websites, and (iv) data collected from third party sources. Third party sources may include, but not be limited to: public databases, commercial data sources, and the public internet.

This Policy does not apply to the following information:

  • Personal Data about 404-GEN employees and candidates, and certain contractors and agents acting in similar roles.

Changes: We may update this Policy from time-to-time to reflect changes in legal, regulatory, operational requirements, our practices, and other factors. Please check this Policy periodically for updates. If any of the changes are unacceptable to you, you should cease interacting with us. When required under applicable law, we will notify you of any changes to this Policy.

Definitions: Through this Policy, You, or Your means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable. Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to 404-GEN AG. Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

(Collecting and using your personal data)

(Types of data collected)

Personal data

While interacting with the Services, You may provide certain personally identifiable information that could be used to contact or identify You. Personally identifiable information may include, but is not limited to:

  • Your user name for the Services

  • Text or image prompts and other content such as photos, videos, documents, and messages that you input into the Services

  • Your IP address

  • Usage Data

  • Tracking Technologies and Cookies

  • Contact Information

  • Organizational Information like your company title

  • Your Email

  • Cookies

  • Other data that you elect to send to 404-GEN, such as your survey responses or information you include in communications to us

Use of your personal data

404-GEN may use Personal Data for the following purposes:

  • To provide,maintain, and improve our Service, including to monitor the usage of our Service.

  • To manage Your account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.

  • For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.

  • To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.

  • To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.

  • To manage Your requests: To attend and manage Your requests to Us.

  • For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred.

  • For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and your experience.

Sharing of your personal data

We may share Your personal information in the following situations:

  • With Service Providers, Third Party Vendors, Consultants, and other Business Partners: We may share Your personal information with these parties in order to provide services on our behalf, monitor and analyze the use of our services, contact You, and for the reasons stated in the Agreement. Service Providers to monitor and analyze the use of our Service, to contact You.

  • For business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company.

  • With Your consent: We may disclose Your personal information for any other purpose with Your consent.

  • With Law Enforcement: Under certain circumstances, 404-GEN may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency). To the extent we receive a request from Law Enforcement for Your personal data, we will promptly notify You and provide You with a copy of the request, unless we are legally prohibited from doing so.

  • With Other Parties in order to:

    • Comply with a legal obligation

    • Protect and defend the rights or property of the Company

    • Prevent or investigate possible wrongdoing in connection with the Service

    • Protect the personal safety of Users of the Service or the public

    • Protect against legal liability

Retention of your personal data

The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.

2.5 Transfer of Your Personal Data

Your information, including Personal Data, is processed at the Company's operating offices and in any other places where the parties involved in the processing are located. It means that this information 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 in Your jurisdiction.

Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.

The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.

Security of your personal data

The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.

(Children's privacy)

Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.

If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent's consent before We collect and use that information.

(Links to other websites)

Our Service may contain links to other websites that are not operated by Us. If You click on a third party link, You will be directed to that third party's site. We strongly advise You to review the Privacy Policy of every site You visit.

Third party sites and services (including Discord) have separate practices regarding the protection of personal data that you provide to them. We have no control over and assume no responsibility for the content, privacy policies or practices of these third party sites or services.

(Changes to this Privacy Policy)

We may update Our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page.

We will let You know via email and/or a prominent notice on Our Service, prior to the change becoming effective and update the "Effective as of" date at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

(Supplemental Terms and Conditions for certain regions)

Europe If You are located in the European Economic Area (the “EEA”), Switzerland, or the United Kingdom (the “UK”) Our legal basis for collecting and using the Personal Data described in this Policy will depend on the personal data concerned and the specific context in which we collect it. However, we will normally collect personal data from you only where we have your consent to do so, where we need the personal data to perform a contract with you, or where the processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms. In some cases, we may also have a legal obligation to collect personal data from you.

404-GEN may share information internally or with third parties, as further described in this Policy. When we share Personal Data of individuals in the EEA, Switzerland or UK with third parties, we make use of a variety of legal mechanisms to safeguard the transfer including the European Commission-approved standard contractual clauses, as well as additional safeguards where appropriate.

Additionally You have the following data protection rights:

  • You can request access, correction, updates or deletion of your Personal Data.

  • You can object to our processing of your Personal Data, ask us to restrict processing of your Personal Data or request portability of your Personal Data.

  • If we have collected and processed your Personal Data with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your Personal Data conducted in reliance on lawful processing grounds other than consent.

  • You have the right to complain to a data protection authority about our collection and use of your Personal Data.

(How to contact us)

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