Effective as of July 1, 2024
Beyond Presence, Inc. ("Beyond Presence", "we", "us" or "our") provides a platform, including but not limited to a desktop, web, and mobile application, and tools driven by artificial intelligence (the "Beyond Presence Platform"). This Privacy Policy describes how Beyond Presence processes personal information that we collect through our digital or online properties or services that link to this Privacy Policy (including, as applicable, the Beyond Presence Platform, our website and our social media pages) as well as our marketing activities, live events and other activities described in this Privacy Policy (collectively, the "Service"). Beyond Presence may provide additional or supplemental privacy policies to individuals for specific products or services that we offer at the time we collect personal information.
While this Privacy Policy is generally intended to cover personal information that we process on behalf of our business customers while providing the Beyond Presence Platform to them, our use of information that we process on behalf of our business customers through the Beyond Presence Platform may be governed by separate agreements we have with such customers. In the event of any conflict or inconsistency between this Privacy Policy and the terms of our customer agreement, the terms of our customer agreement will control. If you have concerns regarding your personal information that we process on behalf of a business customer, please direct your concerns to that enterprise customer.
Index
Personal information we collect
Tracking Technologies
How we use your personal information
Retention
How we share your personal information
Your choices
Other sites and services
Security
International data transfers
Children
Changes to this Privacy Policy
How to contact us
Personal information we collect
Information you provide to us. Personal information you may provide to us through the Service or otherwise includes:
Contact data, such as your first and last name, salutation, email address, billing and mailing addresses, professional title and company name, and phone number.
Profile data, such as the username and password that you may set to establish an online account on the Service, biographical details, photograph or picture, and any other information that you add to your account profile.
Communications data based on our exchanges with you, including when you contact us through the Service or communicate with us via social media or otherwise.
Transactional and payment data, such as information relating to or needed to complete your orders on or through the Service, including order numbers, transaction history and payment data such as payment card information or bank account number.
Marketing data, such as your preferences for receiving our marketing communications and details about your engagement with them.
User-generated content, such as messages, photos, images, audio or voice clips, music, videos, comments, questions, files, works of authorship, and other content or information that you upload/use as an input or prompt to, generate, transmit, or otherwise make available on the Service, as well as associated metadata. Metadata includes information on how, when, where and by whom a piece of content was collected and how that content has been formatted or edited. Metadata also includes information that users can add or can have added to their content, such as keywords, geographical or location information, and other similar data.
Derived data. If you use certain features of the Beyond Presence Platform, such as to convert images to videos, videos to new or different videos, or people to avatars, or to upload audio or voice clips, we may derive certain information, potentially including biometric data, from images of individual people or from audio or voice clips in order to provide those features. We will only use and share this derived data for limited purposes, as described in the "How we use your personal information" and "How we share your personal information" sections, below.
Other data not specifically listed here, which we will use as described in this Privacy Policy or as otherwise disclosed at the time of collection.
We ask that you not provide us with any sensitive personal information (e.g., social security numbers, information related to racial or ethnic origin, political opinions, religious or other beliefs, health or genetic information, criminal background information, or similar data) on or through the Service or otherwise.
Third-party sources. We may combine personal information we receive from you with personal information that we obtain from other sources, such as:
Public sources, such as government agencies, public records, social media platforms, and other publicly available sources.
Partners, such as marketing partners and event co-sponsors.
Service providers that provide services on our behalf or help us operate the Service or our business.
Business transaction partners. We may receive personal information in connection with an actual or prospective business transaction. For example, we may receive your personal information from an entity we acquire or are acquired by, a successor, or assignee or any party involved in a business transaction such as a merger, acquisition, sale of assets, or similar transaction, and/or in the context of an insolvency, bankruptcy, or receivership.
Third-party services, such as social media services, that you use to log into, or otherwise link to, your Service account. This data may include your username, profile picture and other information associated with your account on that third-party service that is made available to us based on your account settings on that service.
Automatic data collection. We, our service providers, and our business partners may automatically log information about you, your computer or mobile device, and your interaction over time with the Service, our communications and other online services, such as:
Device data, such as your computer or mobile device's operating system type and version, manufacturer and model, browser type, screen resolution, RAM and disk size, CPU usage, device type (e.g., phone, tablet), IP address, unique identifiers (including identifiers used for advertising purposes), language settings, mobile device carrier, radio/network information (e.g., Wi-Fi, LTE, 3G), and general location information such as city, state or geographic area.
Online activity data, such as pages or screens you viewed, how long you spent on a page or screen, the website you visited before browsing to the Service, navigation paths between pages or screens, information about your activity on a page or screen, access times and duration of access, and whether you have opened our emails or clicked links within them.
Geolocation data when you authorize the Service to access your device's location.
Communication interaction data such as your interactions with our email or other communications (e.g., whether you open and/or forward emails) - we may do this through the use of pixel tags (which are also known as clear GIFs), which may be embedded invisibly in our emails For more information concerning our automatic collection of data, please see the "Tracking Technologies" section, below.
Tracking Technologies
Cookies and other technologies. Some of our automatic data collection is facilitated by cookies and other technologies.
Cookies are small text files that websites store on user devices and that allow web servers to record users' web browsing activities and remember their submissions, preferences, and login status as they navigate a site. Cookies used on our sites include both “session cookies” that are deleted when a session ends, “persistent cookies” that remain longer, “first party” cookies that we place and “third party” cookies that our third-party business partners and service providers place.
Local storage technologies, like HTML5, provide cookie-equivalent functionality but can store larger amounts of data on your device outside of your browser in connection with specific applications.
Web beacons, also known as pixel tags or clear GIFs, are used to demonstrate that a webpage or email was accessed or opened, or that certain content was viewed or clicked. For information concerning your choices with respect to the use of tracking technologies, see "Your choices", below.
How we use your personal information
We may use your personal information for the following purposes or as otherwise described at the time of collection: Service delivery and operations. We may use your derived data and other personal information to:
provide the Service;
enable security features of the Service; and
establish and maintain your user profile on the Service.
In addition to the above, we may use your personal information that is not derived data to:
communicate with you about the Service, including by sending Service-related announcements, updates, security alerts, and support and administrative messages; and
provide support for the Service, and respond to your requests, questions and feedback.
Service personalization, which may include using your personal information that is not derived data to:
understand your needs and interests;
personalize your experience with the Service and our Service-related communications; and
remember your selections and preferences as you navigate webpages.
Service improvement and analytics. We may use your personal information, including derived data, to analyze your usage of the Service, improve the Service, improve the rest of our business, and to develop new products and services.
Marketing and advertising. We, our service providers and our third-party advertising partners may collect and use your personal information that is not derived data for marketing and advertising purposes:
Direct marketing. We may send you direct marketing communications and may personalize these messages based on your needs and interests. You may opt-out of our marketing communications as described in the Opt-out of marketing section below.
Interest-based advertising. We and our third-party advertising partners may use cookies and other technologies to collect information about your interaction (including the data described in the "automatic data collection" section above) with the Service, our communications and other online services over time, and use that information to serve online ads that we or they think will interest you. This is called interest-based advertising. We may also share information about our users with these companies to facilitate interest-based advertising to those or similar users on other online platforms. You can learn more about your choices for limiting interest-based advertising in the "Your choices" section, below.
Compliance and protection. We may use your personal information, including derived data, to:
comply with applicable laws, lawful requests, and legal processes, such as responding to subpoenas, investigations or requests from government authorities;
protect our, your or others' rights, privacy, safety or property (including by making and defending legal claims);
audit our internal processes for compliance with legal and contractual requirements or our internal policies;
enforce the terms and conditions that govern the Service; and
prevent, identify, investigate and deter fraudulent, harmful, unauthorized, unethical or illegal activity, including cyberattacks and identity theft.
Data sharing in the context of corporate events, we may share certain personal information, including derived data, in the context of actual or prospective corporate events - for more information, see "How we share your personal information", below.
To create aggregated, de-identified and/or anonymized data. We may create aggregated, de-identified and/or anonymized data from your personal information and other individuals whose personal information we collect. We make personal information into de-identified and/or anonymized data by removing information that makes the data identifiable to you. We may use this aggregated, de-identified and/or anonymized data and share it with third parties for our lawful business purposes, including to analyze and improve the Service and promote our business and to train our AI models and for other machine learning purposes. See the "Your choices" section, below, for information concerning choices you may have to opt-out of use of your personal information for AI training purposes.
Further uses, in some cases, we may use your personal information for further uses, in which case we will ask for your consent to use your personal information for those further purposes if they are not compatible with the initial purpose for which information was collected.
Retention
We generally retain personal information to fulfill the purposes for which we collected it, including for the purposes of satisfying any legal, accounting, or reporting requirements, to establish or defend legal claims, or for fraud prevention purposes. To determine the appropriate retention period for personal information, we may consider factors such as the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements.
When we no longer require the personal information we have collected about you, we may either delete it, anonymize it, or isolate it from further processing.
How we share your personal information
We may share your personal information, including derived data, with the following parties (or as otherwise described in other applicable notices or at the time of collection):
Service providers. Third parties that provide services on our behalf or help us operate the Service or our business. Service providers include AI providers, including generative AI providers, such as ElevenLabs and Amazon Bedrock. Service providers also may include companies that assist us with hosting, information technology, customer support, email delivery, marketing, consumer research and analytics.
Professional advisors. Professional advisors, such as lawyers, auditors, bankers and insurers, where necessary in the course of the professional services that they render to us.
Authorities and others. Law enforcement, government authorities, and private parties, as we believe in good faith to be necessary or appropriate for the Compliance and protection purposes described above.
Business transferees. We may disclose personal information in the context of actual or prospective business transactions (e.g., investments in Beyond Presence, financing of Beyond Presence, public stock offerings, or the sale, transfer or merger of all or part of our business, assets or shares). For example, we may need to share certain personal information with prospective counterparties and their advisers. We may also disclose your personal information to an acquirer, successor, or assignee of Beyond Presence as part of any merger, acquisition, sale of assets, or similar transaction, and/or in the event of an insolvency, bankruptcy, or receivership in which personal information is transferred to one or more third parties as one of our business assets.
We may share your personal information that is not derived data with the following parties (or as otherwise described in other applicable notices or at the time of collection):
Payment processors. Any payment card information you use to make a purchase on the Service is collected and processed directly via Apple Pay or our other payment processors, such as Stripe. Our payment processors may use your payment data in accordance with their own privacy policies.
Advertising partners. Third-party advertising companies for the interest-based advertising purposes described above.
Third parties designated by you. We may share your personal information with third parties where you have instructed us or provided your consent to do so.
Partners. Third parties with whom we partner, including parties with whom we co-sponsor events or promotions, with whom we jointly offer products or services, or whose products or services may be of interest to you.
Linked third-party services. If you log into the Service with, or otherwise link your Service account to, a social media or other third-party service, we may share your personal information with that third-party service. The third party’s use of the shared information will be governed by its privacy policy and the settings associated with your account with the third-party service.
Other users and the public. Your profile and other user-generated content data may be visible to other users of the Service and the public. For example, other users of the Service or the public may have access to your information if you chose to make your profile or other personal information available to them through the Service, such as when you share or allow others to use an image or a video, participate in a messaging thread or forum, provide comments, reviews, survey responses, or share other content. This information can be seen, collected and used by others, including being cached, copied, screen captured or stored elsewhere by others (e.g., search engines), and we are not responsible for any such use of this information.
Your choices
Access or update your information. If you have registered for an account with us through the Service, you may review and update certain account information by logging into the account.
Opt-out of communications. You may opt-out of marketing-related emails by following the opt-out or unsubscribe instructions at the bottom of the email, or by contacting us. Please note that if you choose to opt-out of marketing-related emails, you may continue to receive service-related and other non-marketing emails.
Training data. As set out in the "How we use your personal information" section, we may use your personal information, provided it is aggregated, de-identified and/or anonymized, to train our AI models and for other machine learning purposes. This helps improve the Beyond Presence Platform. If you would like to opt-out of our processing of your personal information for this purpose, please opt out in Settings.
Cookies and other technologies. Most browsers let you remove or reject cookies. To do this, follow the instructions in your browser settings. Many browsers accept cookies by default until you change your settings. Please note that if you set your browser to disable cookies, the Service may not work properly. For more information about cookies, including how to see what cookies have been set on your browser and how to manage and delete them, visit www.allaboutcookies.org. You can also configure your device to prevent images from loading to prevent web beacons from functioning.
Blocking images/clear gifs: Most browsers and devices allow you to configure your device to prevent images from loading. To do this, follow the instructions in your particular browser or device settings.
Advertising choices. You may be able to limit use of your information for interest-based advertising through the following settings/options/tools:
Browser settings. Changing your internet web browser settings to block third-party cookies.
Privacy browsers/plug-ins. Using privacy browsers and/or ad-blocking browser plug-ins that let you block tracking technologies.
Platform settings. Certain platforms offer opt-out features that let you opt-out of the use of your information for interest-based advertising. For example, you may be able to exercise that option for Google and Facebook, respectively, at the following websites:
Google: https://adssettings.google.com/
Facebook: https://www.facebook.com/about/ads
Ad industry tools. Opting out of interest-based ads from companies that participate in the following industry opt-out programs:
Network Advertising Initiative: http://www.networkadvertising.org/managing/opt_out.asp
Digital Advertising Alliance: optout.aboutads.info
AppChoices mobile app, available at https://www.youradchoices.com/appchoices, which will allow you to opt-out of interest-based ads in mobile apps served by participating members of the Digital Advertising Alliance.
Mobile settings. Using your mobile device settings to limit use of the advertising ID associated with your mobile device for interest-based advertising purposes.
You will need to apply these opt-out settings on each device and browser from which you wish to limit the use of your information for interest-based advertising purposes.
We cannot offer any assurances as to whether the companies we work with participate in the opt-out programs described above.
Do Not Track. Some Internet browsers may be configured to send “Do Not Track” signals to the online services that you visit. We currently do not respond to “Do Not Track” signals. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com.
Declining to provide information. We need to collect personal information to provide certain services. If you do not provide the information we identify as required or mandatory, we may not be able to provide those services.
Linked third-party platforms. If you choose to connect to the Service through your social media account or other third-party platform, you may be able to use your settings in your account with that platform to limit the information we receive from it. If you revoke our ability to access information from a third-party platform, that choice will not apply to information that we have already received from that third party.
Delete your content or close your account. If you wish to request to close or delete your account, you will need to email us at accounts@beyondpresence.ai.
Shine the light law. Under California's Shine the Light law (California Civil Code Section 1798.83), California residents may ask companies with whom they have formed a business relationship primarily for personal, family or household purposes to provide the names of third parties to which they have disclosed certain personal information (as defined under the Shine the Light law) during the preceding calendar year for their own direct marketing purposes, and the categories of personal information disclosed. You may send us requests for this information to accounts@beyondpresence.ai. In your request, you must include the statement “Shine the Light Request," and provide your first and last name and mailing address and certify that you are a California resident. We reserve the right to require additional information to confirm your identity and California residency. Please note that we will not accept requests via telephone, mail, or facsimile, and we are not responsible for notices that are not labeled or sent properly, or that do not have complete information.
Other sites and services
The Service may contain links to websites, mobile applications, and other online services operated by third parties. In addition, our content may be integrated into web pages or other online services that are not associated with us. These links and integrations are not an endorsement of, or representation that we are affiliated with, any third party. We do not control websites, mobile applications or online services operated by third parties, and we are not responsible for their actions. We encourage you to read the privacy policies of the other websites, mobile applications and online services you use.
Security
We employ technical, organizational and physical safeguards designed to protect the personal information we collect. However, security risk is inherent in all internet and information technologies and we cannot guarantee the security of your personal information.
International data transfer
We are headquartered in the United States and may use service providers that operate in other countries. Your personal information may be transferred to the United States or other locations where privacy laws may not be as protective as those in your state, province, or country.
Children
The Service is not intended for use by anyone under 18 years of age. If you are a parent or guardian of a child from whom you believe we have collected personal information in a manner prohibited by law, please contact us. If we learn that we have collected personal information through the Service from a child without the consent of the child's parent or guardian as required by law, we will comply with applicable legal requirements to delete the information.
Changes to this Privacy Policy
We reserve the right to modify this Privacy Policy at any time. If we make material changes to this Privacy Policy, we will notify you by updating the date of this Privacy Policy and posting it on the Service or other appropriate means. Any modifications to this Privacy Policy will be effective upon our posting the modified version (or as otherwise indicated at the time of posting). In all cases, your use of the Service after the effective date of any modified Privacy Policy indicates your acknowledging that the modified Privacy Policy applies to your interactions with the Service and our business.