Privacy Policy

Updated: January 17, 2024

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Introduction

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Welcome! This Privacy Policy applies websites owned and operated by BREEZAI LLC (“BREEZAI,” “we,” “us” or “our”), including breezai.net, faceCODE.ai, and BREEZAi.app and their subdomains (the “Websites” or “Sites”) as well as our software applications and APIs (BREEZAi.app) and their mobile versions (the “Apps”), and all portals, products, goods, services, events, and interactive features, or other services controlled by us (collectively, the “Services”) that post a link to this Privacy Policy.  The Sites, Apps, and Services are sometimes collectively referred to as the “Platform.”

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All references to “you,” “your” or “User” in this Privacy Policy means the person that registers for, accesses, or uses the Site, App, or the Platform. If you use or access the Platform on behalf of an entity or individual, you represent and warrant that you have the authority to bind that entity or individual, and “you” and “your” refers to that entity or individual as well.

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At BREEZAI, we value your privacy. This Privacy Policy is expressly incorporated into our Terms and Conditions (“Terms”) and governs information that we collect from you on the Platform, as well as through other online and offline communications with BREEZAI.  If you have questions about this Privacy Policy, contact us at legal@breezai.net.

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As a preliminary matter, we handle all information you provide us with the utmost care. We expressly ask for your consent to use the information that you upload into our Sites.  At times, we may need to disclose your personal information to third parties outside the company who may be assisting us with providing Services to you, as set forth in this Policy.

Please note that if you voluntarily provide your information in the course of interfacing with the Site or using our Services, we will take that as your agreement to our collection, use, and disclosure of your information as set forth in this Privacy Policy.

This Privacy Policy does not apply to any products, goods, services, websites, or content that are offered by third parties (“Third Party Services”), which are governed by their respective privacy policies.

When we talk about “Personal Information” in this notice, we mean any information that identifies, relates to, describes, is capable of being associated with you, or could reasonably be linked, directly or indirectly, with you, and as otherwise defined in the U.S. State Data Protection Laws. The U.S. State Data Protection Laws do not consider publicly available information, deidentified, or aggregate consumer information as “Personal Information.”

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1.      What Information We Collect

We may collect information about you when you visit our Platform or otherwise interact with us or our Services.

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a.      Information You Provide to Us

We collect information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household (“Personal Information”). During your use of the Services, we may collect Personal Information such as:

• Your first and last name, email address, home or business address, billing address, telephone number, mobile number, credit card or debit card number, bank account or other payment and financial information, your payment and/or service history;

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We may also obtain Personal Information from you where you expressly provide us with the information. Examples of sources from which we collect information include telephone calls with you, letters, e-mails or other communications from you, information provided via online chat or support services, web forms or inputs/uploads into our Site, or documents/photographs you have provided to us.

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Your decision to provide us with Personal Information is voluntary, but if you choose not to provide any requested information, you may not be able to take advantage of all the features of the Platform. 

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b.     Information That Is Automatically Collected

Like many businesses, we and/or our service providers may automatically collect and/or store certain information when you visit or interact with the Site (“Usage Information”). This Usage Information may be stored and/or accessed from your personal computer, laptop, tablet, mobile phone or other device (a “Device”) whenever you visit or interact with our Site or Platform. Usage Information may include:

• Your IP address, IDFA, Android/Google Advertising ID, IMEI, or another unique identifier;

• Your Device functionality (including browser, browser language, operating system, hardware, mobile network information);

• Referring and exit web pages and URLs;

• The areas within the Site that you visit and your activities there, including remembering you and your preferences;

• Your Device location or other geolocation information, including the zip code, state or country from which you accessed the Services;

• Your Device characteristics; and

• Certain other Device data, including the time of day you visit our Site or other information used to provide analytics or other usage information.

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For location information, we may use this information to provide customized Services, content, promotional offers, and other information that may be of interest to you.

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If you no longer wish for us or our service providers to collect and use location information, you may disable the location features on your device. Consult your device manufacturer settings for instructions. Please note that if you disable such features, your ability to access certain features, Services, content, promotions, or products may be limited or disabled.

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c.      Information from Third Parties

The Site may include functionality that allows certain kinds of interactions between the Site and your account on a third-party website or application. The use of this functionality may involve the third-party site providing information to us or us providing information to the third party. For example, we may provide links on the Site to facilitate sending a communication from the Site, or we may use third parties to facilitate emails or postings to social media (like a “Share” or “Forward” button). These third parties may retain any information used or provided in any such communications or activities and these third parties’ practices are not subject to our Privacy Policy. We may not control or have access to your communications through these third parties. Further, when you use third-party sites or services, you are using their services and not our services and they, not we, are responsible for their practices. You should read the applicable third-party privacy policies before using such third-party tools on our Site. Please also see our Terms and Conditions for further information.

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2.      How We Use Your Information 

We may use your information for various purposes, including the following:

• Creating and maintaining a User’s Account;

• Responding to your requests for information;

• Providing our products or Services to you, or updating you on the status of an order, including but not limited to processing your Personal Information;

• Verifying your identity and for fraud prevention;

• Processing your payments (we use a third-party processor for payments and never retain your payment card information);

• Providing you with updates and information about products and Services we provide;

• Sending you marketing information about BREEZAI or our affiliated entities and Apps;

• Sending you email communications such as electronic newsletters about our Services, events and promotions, as well as periodic customer satisfaction, market research or quality assurance surveys that may be of interest to you;

• Improving the effectiveness of our Site, our marketing endeavors, and our product and service offerings;

• Customizing your experience on the Site;

• Identifying your product and service preferences, providing personalized content and ads and informing you of new or additional information, products and services that may be of interest to you;

• Helping us address problems with and improve our Site and our products and services, including testing and creating new products, features, and services;

• Protecting the security and integrity of the Site, including understanding and resolving any technical and security issues reported on our Site;

• Engaging in analysis, research, and reports regarding the use of our Site and Services;

• For internal business purposes, including but not limited to evaluating your employment application or administering employee benefits, such as medical, dental, commuter and retirement benefits, including recording and processing eligibility of dependents, absence and leave monitoring, insurance and accident management, rewards or discount programs offered to employees;

• Complying with the law and protecting the safety, rights, property or security of PHENOMETRIX, the Services, and the general public; and

• For other purposes disclosed at the time you provide your information or as otherwise set forth in this Privacy Policy.

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3.      Disclosure of Your Information

As a preliminary matter, we do not sell, rent, or lease our customer lists to third parties for their use for marketing or any other purpose.  However, we may need to share your information, including your Personal Information, with our affiliates, service providers, business associates, and other third parties that perform essential services for us; for example, a payment processor, a cloud-service or internet service provider, an email marketing vendor, a customer service provider, or entities that handle other business functions for us.

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As permitted by law, we insist that these partners follow the same rules and standards with respect to your personal information as we do, and we typically have a contractual agreement in place with the other party which prohibits them from disclosing or using the information other than for the purposes for which it was disclosed.

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If you are a resident or citizen of the European Economic Area (“EEA”) or California, you may have additional rights with respect to the transmission of your information for this purpose. Please see the sections entitled “Your Rights Under GDPR” or “Your California Privacy Rights” below for more information. We may also share the information we have collected about you, including Personal Information, as may be disclosed at the time you provide the information in addition to as described in this Privacy Policy.

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We may aggregate, de-identify, and/or anonymize any information collected through the Site or Services such that such information is no longer linked to your Personal Information. We then can use and share this aggregated and anonymized information (which is no longer Personal Information) for any purpose, including without limitation, for research and marketing purposes, analytics, and may also share such data with  our affiliates and third parties, including advertisers, promotional partners and others.

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Certain Personal Information about you may also be disclosed in the following situations:

• To comply with a validly issued and enforceable subpoena or summons;

• As necessary to properly comply with or respond to an inquiry or complaint from a federal or state agency;

• In conjunction with a prospective purchase, sale, or merger of all or part of our practice, provided that we take appropriate precautions (for example, through a written confidentiality agreement) so the prospective purchaser or merger partner does not disclose information obtained in the course of the review; and

• As a part of any actual or threatened legal proceedings or alternative dispute resolution proceedings either initiated by or against us, provided we disclose only the information necessary to file, pursue, or defend against the lawsuit and take reasonable precautions to ensure that the information disclosed does not become a matter of public record.

4.      Cookies and Other Tracking Technologies

We may use various methods and technologies to store or collect information about you (“Tracking Technologies”). Tracking Technologies may set, change, alter or modify settings or configurations on your Device. A few of the Tracking Technologies used on the Site, include, but are not limited to, the following (as well as future-developed tracking technology or methods that are not listed here):

• Cookies. Cookies are pieces of data stored directly on the computer or mobile device that you are using. Cookies allow us to collect data such as browser type, time spent on the Online Services, pages visited, referring URL, language preferences, and other aggregated traffic data.

• Web Beacons. A Web Beacon is a small tag (which may be invisible to you) that may be placed on our Site’s pages and messages.

• Embedded Scripts. An embedded script is programming code that is designed to collect information about your interactions with the Site, such as the links you click on.

• ETag, or entity tag. An Etag or entity tag is a feature of the cache in browsers. It is an opaque identifier assigned by a web server to a specific version of a resource found at a URL.

• Browser Fingerprinting. Collection and analysis of information from your Device, such as, without limitation, your operating system, plug-ins, system fonts and other data, for purposes of identification.

• Recognition Technologies. Technologies, including application of statistical probability to data sets, which attempt to recognize or make assumptions about users and devices (g., that a user of multiple devices is the same user).

We may use Tracking Technologies for a variety of purposes, including:

• To allow you to use and access the Site, including for the prevention of fraudulent activity and improved security functionality;

• To facilitate navigation, display data more effectively, collect statistical data, personalize your experience while using the Online Services and recognize your computer to assist your use of the Online Services;

• To assess the performance of the Site, including as part of our analytics practices or otherwise to improve the design and functionality, content, products or services offered through the Site;

• To offer you enhanced functionality when accessing the Site, including identifying you when you sign into our Site or keeping track of your specified preferences or to track your online activities over time and across third-party sites; and

• To deliver content relevant to your interests on our Site and third‑party sites based on how you interact with our content.

You can choose whether to accept cookies by changing the settings on your browser. If you choose not to enable cookies, you will still be able to browse our Site, but doing so will restrict some of the functionality of our Site and what you can do.

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You can set your web browser to alert you when a cookie is being used. You can also get information on the duration of the cookie and what server your data is being returned to. You then can accept or reject the cookie. Additionally, you can set your browser to refuse all cookies or accept only cookies returned to the originating servers.

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You can opt in or out of cookies at any time – except strictly necessary cookies (these are used to help make our website work efficiently).

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You can enable or disable cookies in your browser. If you wish to restrict or block the cookies set by any website – you can do this through the web browser settings for each web browser you use, on each device you use to access the internet. Some of the more popular browsers (and links to manage your cookies on each) are:

• Internet Explorer

• Firefox

• Safari

• Google Chrome

Information on controlling and deleting cookies, including on a wide variety of browsers, is also available at allaboutcookies.org.

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If you choose not to enable cookies, you will still be able to browse our Site, but it will restrict some of the functionality of our Site and what you can do.

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Some services may not function or may have more limited functionality if your web browser does not accept cookies. However, you can allow cookies from specific websites by making them ‘trusted websites’ in your web browser.

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If you want to opt-out of cookies across different advertising networks, the Network Advertising Initiative website – www.networkadvertising.org – has more information and guidance.

If you don't wish to accept cookies from one of our emails, you can choose not to download any images or click on any links. You can also set your browser to restrict cookies or to reject them entirely. These settings will apply to all cookies, whether included on websites or in emails. Depending on your email or browser settings, cookies in an email may sometimes be automatically accepted (for example, when you’ve added an email address to your address book or safe senders list). For more information, refer to your email browser or device instructions.

We may also collect data through Google Analytics and Adobe Analytics, which use cookies and technologies to collect and analyze data about use of the Services. These services collect data regarding the use of other websites, apps and online resources. You can learn about Google’s practices by going to

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5.      Do Not Track Signals

Do Not Track (“DNT”) is a web browser setting that requests that a web application disable its tracking of an individual user. When you choose to turn on the DNT setting in your browser, your browser sends a special signal to websites, analytics companies, ad networks, plug in providers, and other web services you encounter while browsing to stop tracking your activity. Various third parties are developing or have developed signals or other mechanisms for the expression of consumer choice regarding the collection of information about an individual consumer’s online activities over time and across third-party websites or online services (e.g., browser do not track signals), but there is no universally agreed-upon standard for what a company should do when it detects a DNT signal. Currently, we do not monitor or take any action with respect to these signals or other mechanisms. You can learn more about Do Not Track here.

6.      Ads and Information About You

You may be able to limit or opt out of this type of behavioral advertising by changing the settings on your device or has otherwise set forth in the Privacy Policy. Any action to limit or opt-out may not decrease the number of advertisements you see, but may make them less relevant to your user experience. 

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7.      Your Choices About the Information We Collect

You have choices when it comes to how we use your information, and we want to ensure you have the information to make the choices that are right for you.

If you no longer want to receive marketing-related emails, you may opt out by following the instructions in any such email you receive from us or contacting us at legal@breezai.net.

If you would prefer that we not share your name and mailing address with third parties (other than with our affiliates) to receive promotional offers, you have the option to opt out of such sharing. To do so, please email us at legal@breezai.net. Your choice will not affect our ability to share information in the other ways described in this Privacy Policy.

If you are a resident or citizen of the European Economic Area (“EEA”) or California, you may have additional rights with respect to your Personal Information. Please see the sections entitled “Your Rights Under GDPR” or “Your California Privacy Rights” below for more information

8.      Your Rights Under the General Data Protection Regulation (“GDPR”)

If you are a resident of or located within the European Economic Area (“EEA”), you have certain additional data protection rights. These rights include:

• 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 Information by contacting us at the contact information below.

• The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.

• The right to object. You have the right to object to our processing of your Personal Information.

• The right of restriction. You have the right to request that we restrict the processing of your personal information.

• The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable, and commonly used format.

• The right to withdraw consent. You also have the right to withdraw your consent at any time where BREEZAI relied on your consent to process your personal information.

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9.      Legal Basis for Processing Personal Information Under GDPR

In most instances, BREEZAI is a processor of Personal Information – we process information at the express direction of the User, who retains all rights to control, delete, or modify the information. BREEZAI’s legal basis for collecting and using the Personal Information described in this Privacy Notice depends on the Personal Information we collect and the specific context in which we collect it.

BREEZAI may collect or process your Personal Information because:

• We need to provide a service to you;

• You have given us your consent to do so;

• The processing is in our legitimate interests and it is not overridden by your rights; or

• To comply with the law.

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10.   Retention of Information

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

BREEZAI will also retain Personal Information and usage data for internal analysis purposes., as set forth in this Privacy Policy – usually this means that if you have given consent for us to use your Personal Information, your Personal Information will be retained until you revoke your consent.  You may revoke your consent at any time by cancelling your account or by deleting images from your Account.

Usage Data is data collected automatically either generated by the use of the Site or from the Site infrastructure itself (for example, the duration of a page visit). 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 Site or we are legally obligated to retain this data for longer periods.

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11.   Disclosure of Personal Information

See Section 3 above regarding the instances in which we disclose your Personal Information. 

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12.   Legal Requirements

BREEZAI may disclose your Personal Information in the good faith belief that such action is necessary to:

• To comply with a legal obligation;

• To protect and defend the rights or property of BREEZAI;

• To prevent or investigate possible wrongdoing in connection with the Service;

• To protect the personal safety of users of the Service or the public; and/or

• To protect against legal liability.

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13.   Exercising Your Rights Under GDPR

If applicable, you may exercise any of your rights under the GDPR by submitting a verifiable data subject request to us by using the details in the Contact Information section below. You may make a request related to your personal information or on behalf of someone for which you have authorization. You must include your full name, email address, and attest to the fact that you are a citizen or resident of the EEA by including your country of citizenship or residence in your request. We may require you to confirm your identity and/or legal standing for the request as well as your residency in the EEA in order to obtain the information. We will respond to your request within 30 days or let you know if we need additional time.

Please note that we will ask you to verify your identity before responding to such requests, and we may deny your request if we are unable to verify your identity or authority to make the request.

Should you wish to raise a concern about our use of your information (and without prejudice to any other rights you may have), you have the right to do so with your local supervisory authority; however, we hope that we can assist with any queries or concerns you may have about our use of your Personal Information first by contacting us at legal@breezai.net.

For more information about GDPR, please contact your local data protection authority in the EEA.

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14.   Privacy Rights for U.S. State Residents of California, Colorado, and Virginia

This section of the Privacy Policy applies solely for U.S. State Residents of California, Colorado, and Virginia. We adopt this Policy to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and the California Privacy Reform Act (“CPRA”), the Colorado Privacy Act (“CPA”), and Virginia Consumer Data Protection Act (“VCDPA”) (collectively, “U.S. State Data Protection Laws”).

This policy statement includes the information and disclosures we are required to provide to you under U.S. State Data Protection Laws. You should read them both carefully.   BREEZAI applies certain privacy controls to all U.S. customers. For example, all registered users can request a copy of their data, request deletion, and control their privacy settings in their Account Settings. This notice makes sure we cover state-specific requirements. In the event of any conflict between the terms of this notice and the Privacy Policy, the terms of this notice prevail.

When we talk about “Personal Information”, we mean any information that identifies, relates to, describes, is capable of being associated with you, or could reasonably be linked, directly or indirectly, with you, and as otherwise defined in the U.S. State Data Protection Laws. The U.S. State Data Protection Laws do not consider publicly available information, de-identified, or aggregate consumer information as “Personal Information.”

If you are a resident of California, Colorado, Virginia you may be entitled to the following privacy rights:

• The right to know what personal information is being collected about you;

• The right to know whether your personal information is sold or disclosed and to whom;

• The right to access your personal information;

• The right to request that we delete the Personal Information that you have provided to us or that we maintain about you.

• The right to correct your personal information;

• The right to limit use of sensitive personal information;

• Right to reject automated decision making and profiling;

• Right to access information about automated decision making;

• The right to opt out of the sale of personal information;

• The right not to be discriminated against, even if you exercise your privacy rights.

• The right to equal service.If you choose to exercise any of these rights, we will not discriminate against you in anyway. If you exercise certain rights, understand that you may be unable to use or access certain features of the Platform.

As detailed in our Privacy Statement, we collect Personal Information for various purposes with privacy principles in mind.

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Below, we describe the categories of Personal Information as defined under the CCPA for California residents and may include reference to certain key definitions from our Privacy Statement. Some of the categories below require separate opt-in consent and these categories do not necessarily reflect all of the types of information that we may collect about you. We will provide you with notice if we collect any additional Personal Information about you. Some Personal Information included in the categories may overlap with other categories.

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We do not use or disclose sensitive Personal Information for purposes other than the business purposes permitted by CCPA, which include, for example, to perform our services, to detect and prevent security incidents, to perform services on behalf of the business, and other purposes as allowed by CCPA.