Privacy policy

1. Introduction

We at Pixyle.ai are committed to protecting your privacy. This policy (hereinafter: “Privacy Policy”) describes the privacy practices that Pixyle B.V. (Netherlands) and Pixyle D.O.O.E.L. (North Macedonia) (hereinafter: “Pixyle”, “we” or “us”) undertake when processing personal data that we gather and use from individuals who visit our website (www.pixyle.ai), who use our Visual AI software (Pixyle.ai API and service), or whose data is used in relation to providing our services and products to clients (hereinafter: “the/our Platforms” or “the/our services”). This Privacy Policy addresses thereof the rights that you have with respect to your personal data that we use in these contexts.

2. Who we are?

Pixyle B.V., with its registered seat at Wibautstraat 131 D, 1091GL Amsterdam, The Netherlands, together with Pixyle D.O.O.E.L., with its registered seat at Goce Delćev 34, 2000 Štip, North Macedonia, collects and acts in control of your personal data (joint controllers).

3. How do we collect information?

We receive your information through our Website, Platforms, Dashboards, and APIs. We collect Personal Information from our customers and users of the services for our own purposes, such as to provide and administer our services (hereinafter: “Pixyle.ai Data”).

4. What information do we collect?

A. Information that you provide to us

When you interact with us via our website or by using our platforms, we may collect Personal Data and other information from you, as further described below. 

  • When You Visit our Websites (Business Contact Information)

We collect Personal Data from you when you submit web forms or interact with our websites, for example when you request a free trial to use our Visual AI software, when you subscribe to try a live demo of our platforms, or when you show interest to communicate with us or to request customer support through our contact form. We may ask for your email address, first and last name, company name, job title, phone number, and other similar business information. 

  • Account and User Information (Profile and Registration information)

We collect Personal Data when you sign-up for a customer account to use our Visual AI software, such as the username and password that we initially provide to you, as well as the username and password that you may set to modify user information, set preferences, or provide any other related information to access or utilise our Customer and/or Subscription Service and we are the data controller in respect of this information. 

We collect data from the content that you choose to upload to our services and/or platforms, such as product images, along with the metadata associated with the files that you upload (product characteristics, such as colour, price, title, size, stock keeping unit, product URL, etc.).

When you use our Services and our Visual AI platform, we will process Customer Content (which may include Personal Information) as a data processor on your behalf. In accordance with the EU law and the applicable national Law on data protection, you are a data controller of the Customer Content, and as such you are responsible for complying with the applicable data protection laws in respect of the processing of the Customer Content and the lawful instructions that you give to us.

To facilitate the transfer of your Customer Content through the Services to outside the EEA, we offer to our EU customers a data processing agreement as an addendum to the Main Agreement (“Data Processing Addendum”) that incorporates the European Commission’s Standard Contractual Clauses  for data transfers between EU and non-EU countries. 

If you would like to incorporate the Data Processing Addendum into your existing Main agreement with us, please email us and we will promptly send you our Data Processing Addendum for you to fill it in and return it to us as a completed and signed version.

  • Customer Testimonials

We post customer testimonials and comments on our website, which may contain Personal Data (including face photographs). We obtain consent from the customer and/or the website’s user who gives a testimonial. We obtain this consent via email or by an agreement between our customers/users and Pixyle, and prior to posting their name, picture, and testimonial on our web platforms.

B.  Automatic Data Collection

We, our service providers, and our business partners may automatically log information about you, your computer or mobile device, and activity occurring on or through the Service, such as:

  • Log files

When you visit our website and/or when you use our website forms and Subscription Service, we automatically collect information about your computer’s hardware and software. This information can include your IP address, browser type, domain names, internet service provider (ISP), the files viewed on our site (e.g., HTML pages, graphics, etc.), operating system, clickstream data, access times and referring website addresses. We may also collect your device operating system type and version number, manufacturer and model, device identifier, and general location information.

  • Usage information

We collect usage data when you interact with your Pixyle AI account (Dashboard account). Usage data includes metrics and information regarding your use and interaction with the Visual AI software, such as information about how you use the Service and interact with us, what product features you use the most, when an object is opened and closed, how often certain features are triggered in your account, as well as information associated with any content you upload to your account or otherwise submit to us, and information that you provide when you use any interactive features of the Service.

C.  Cookies and similar technologies

We use cookies to uniquely identify the visitor’s (your) browser and/or to store information or settings in the browser for the purpose of helping you to navigate between pages efficiently, remembering your preferences, enabling functionality, helping us understand user activity and patterns, and facilitating analytics.

See our Cookies Policy for more information.

 

D.  Information That We Collect From Other Sources (Third Party Sources)

We may receive information about potential clients, and/or our existing customers from third party service providers (professional engagement platforms). We will use such data in accordance with this Privacy Policy, with the applicable Data Processing Agreement, or as otherwise disclosed at the time of collection.

5. How do we use your personal information?

We use your personal information for the following purposes and as otherwise described at the time of collection:

A.  To Market and Promote the Visual AI Platform and related Services

  • Direct marketing

We use the information that you provide to us to market and promote to you our platforms, products, services, and other offerings. For example, upon your consent, we may use your email address to send you marketing communications relating to our business, and to ask you about other of our products or services that you may be interested in. You may opt out of marketing and promotional communications sent by us by following the unsubscribe instructions included in each marketing email, or by directly/separately informing us of your wish to be removed from the marketing email list(s) on privacy@pixyle.ai 

B.  To Provide the Product and Services to Our Customers

  • To Communicate with You About the Services

We use the data that you provide to us when signing up for using our Pixyle Visual AI software and when creating your platform (Dashboard) profile to contact you via email or in-app notifications about billing, account management, and other administrative matters. We send you updates regarding our Customer Terms of Service and other regulatory documentation, as well as regarding the upgrading of our platforms and services that you have subscribed to, or otherwise use as our customer. 

We may communicate with you about security incidents via email or in-app notification. We use your information to provide customer support, such as resolving technical issues that you (may) encounter and/or analysing product outages or bugs.

  • To Operate and Improve our Products and Services

We collect data about how our products and services are used by monitoring and tracking our product users. We use this data to develop and improve our products and services, including by understanding your needs and interests so that we can personalise your experience with the Service and our communications.  For example, we use usage data to assess trends and usage across the product to help us determine what new features or integrations our users may be interested in. 

C.  To Secure and Protect our Product and Users

  • To Prevent and Resolve Security Incidents

We use your account information to investigate and prevent security incidents, including to verify user accounts and new product sign-ups, and to detect and prevent product abuse.

  • To Comply with the Law

We may use your information to meet legal requirements. In this context, we will use your personal information as we believe this necessary and appropriate to comply with the applicable laws, and to appropriately respond to legal requests and processes, such as subpoenas and/or requests from government authorities.

D.  For Research and Development

  • To Analyse and Develop New Products and Services

We may use your personal information for research and development purposes to analyse and improve the Pixyle Visual AI software and our Service related to it, and to develop new products and services. For example, we may create anonymous, aggregated, or de-identified data from your personal information and other individuals whose personal information we collect and use it or share it with third parties for our lawful business purposes, including to analyse trends into how users are interacting with our platforms and products, so to improve the Service and promote our business.

E.  Public Forums

We offer publicly accessible blogs, where we publish for example interviews with industry and academic experts, including users and/or potential users of our Visual AI software and other platforms, and we publish testimonials from our customers and stakeholders in the fashion industry about their experiences with using our Visual AI platforms. If you directly disclose any information through our blogs or forums (testimonials), this information may be collected and used by others. We will correct or delete any information that has been posted on our websites and platforms, if you so request.

6. Legal Basis for Processing Personal Data

A.  Performance of a contract

We will process your Personal Data to be able to provide you with our products and services when you are our customer and we have concluded a contract with you for this purpose. If we ask you to provide your Personal Data so that we perform upon a contract with you, we will make this clear when we collect this data or at the soonest possible convenience after we collect it. We will also advise you if the provision of your Personal Data is mandatory and will provide you with information about the possible consequences from you not providing your Personal Data.

B.  Legitimate interests

We may collect and use your Personal Data when this is necessary for us to conduct our business and it does not interfere with the right to respect your privacy or with your fundamental rights.

C.  Consent

By taking an affirmative action (like clicking/agreeing to the Terms and Conditions checkbox when using our website and platforms, or when signing up for newsletters and other marketing offers), you consent to the collection, transfer, storage, disclosure, and use of your Personal Data in the manner set out in this Privacy Policy. In some cases, we may specifically ask for your informed and separate consent to collect, use and/or share your personal information, or when we want to use your data for marketing purposes.

D.  Fulfilling legal obligations and rights (legal claims)

We may be required by law to collect and use your Personal Data. We may also keep and use your Personal Data to establish, enforce or defend legal claims, including when such claims derive from a breach of a contractual relationship that we have had established with you.

7. How do we share your personal information?

We may share your personal information with the parties described in this Privacy Policy (see below), or as otherwise described in this Privacy Policy or at the time of collection. 

A.  Third-Party Service Providers  

We employ third parties that provide services on our behalf to our website visitors, our customers, and users of the product and services, or that help us operate the Service or our business (such as hosting, information technology, customer support, email delivery, marketing, and website analytics) so that we can provide satisfactory services to you.

We contractually bind these service providers to keep your information confidential and to use it only for the purpose of providing their services and pursuant to the applicable privacy legislation. 

  • Payment Processors

Any transaction information that you provide to us and/or that you use to make a purchase on the Service is collected and processed directly by our payment processors, who may only use your payment data in accordance with its privacy policy.  

  • Business partners

We may share your personal information to professional advisors, such as lawyers, auditors, bankers, and insurers, where necessary in the course of the professional services that they render to us. Partners are prohibited from using your Personal Data except for these purposes, and they are required to maintain the confidentiality of your data.

B.  Authorities and law enforcement 

We reserve the right to use or disclose your Personal Data if required by law or if we reasonably believe that the use or disclosure of this data is necessary to protect our rights and your safety, or to protect the safety of others, to investigate fraud, and to comply with the law, a court order, or a legal process. We may, thus, share your personal information to law enforcement authorities, (other) government authorities, and private parties, when we believe in good faith that this is necessary and appropriate for the compliance, fraud prevention and safety purposes described above.

8. How do we transfer your personal information internationally?

When we transfer your data internationally, we take measures to ensure that any such transfers comply with the GDPR and the applicable local data protection laws, and that your Data remains protected to the standards described in this privacy policy. 

In the scope of achieving the processing purposes described in this policy, we may transfer your personal information to our suppliers, partners and service providers located outside the European Economic Area (EEA). Where the transfer is to a Company affiliate or a vendor in a country that is not subject to an adequacy decision by the EU Commission, your personal data shall be adequately protected by the EU Commission’s approved standard contractual clauses (implemented pursuant to Article 46 (2) of the GDPR). If you have questions about the standard contractual clauses or would like to obtain a copy of them, please send us an email at privacy@pixyle.ai

9. How do we Store and Secure Your Information?

A.  Data Storage and Security

We use a variety of security technologies and physical, technical, and organisational measures to protect your Personal Data from unauthorised access, use or disclosure. We secure data on computer servers in a secure environment, protected from unauthorised access, use or disclosure.

We use best practices and apply general and common principles to keep any information collected and transmitted to the Supported Platforms secure.

B.  Retention of Personal Data

We retain Personal Data that you provide to us when we have an ongoing legal obligation, or a legitimate and/or business need to do so (for example, to comply with our legal obligations, resolve disputes, and enforce our agreements). We generally store contractually obtained data for a period of 5 years from the end of your cooperation with us, due to the limitation periods for certain claims.

When we no longer have an ongoing legal obligation or legitimate business need to process your Personal Data, we will securely delete the information or anonymize it or, if this is not possible (for example, because your personal information has been stored in backup archives) we will securely store your Personal Data and isolate it from any further processing until deletion is possible. We will delete this information at an earlier date if you so request.

10. Right to data portability

In accordance with the applicable provisions of the GDPR and the local law(s) on the protection of personal data, you have specific rights depending on the basis for processing your data.

A.  Right to access your personal data

You have the right to know if and how we use or store your personal data. You can ask that we provide you a copy of your data. 

B.  Right to correct your personal data (right to rectification)

You may assess the accuracy of the data that we process, and you may request that we correct it. If your data is incomplete, you can ask us to complete it (by adding new and verified information).

C.  Right to erasure (right to be forgotten)

You can ask us to delete your data and in some circumstances we must do so. This right is not an absolute right and applies, inter alia, in the following circumstances:

  • When we do not require your data anymore;
  • When you initially agreed to the processing, but now you withdraw from it;
  • When you oppose to the use of your data; or
  • When we processed your data unlawfully.

We may deny you the right to “erasure” in the following circumstances:

  • When we are legally obliged to store your data;
  • When storing your data is necessary to establish, enforce and/or defend legal claims.

D.  Right to restrict the use of your data

You may require that we limit the use of your data, especially if you are concerned about the accuracy of the data or about how we use your data. You can require that we delete some information about you. This right is closely related to your right to question the accuracy of the data that we use and store about you, and to object to us using your data.

E.  The right to export your data (right to data portability)

You have the right to receive the personal data that we process and hold of you, in a structured, commonly used, and machine-readable format. You have the right to transmit this data to another controller without hindrance on our part, where:

  • ‍the processing is based on a consent or a contract; and
  • the processing is carried out by automated means.

‍In exercising your right to data portability, you have the right to obtain the personal data that is being transmitted directly from us to another company, where this is technically feasible.

F.  The right to withdraw your consent

If the processing of your personal data is based on a consent, you can withdraw your consent at any moment. 

G.  The right to make a complaint to a supervisory authority

If you have questions or concerns about how we use and store your data, please contact us here or send us an email to privacy@pixyle.ai  Otherwise, you can issue a complaint to the appropriate supervisory authority (in the Netherlands to the Dutch Data Protection Authority – Autoriteit Persoonsgegevens, or in North Macedonia to the Macedonian Personal Data Protection Agency).

H. The execution of your rights

To request for the administration of your rights as described above, please contact us here or send us an email to privacy@pixyle.ai The administration of your rights is free of charge. We will address your request and respond to it in no longer than 30 days after receiving the request. In case of a delay, you will be informed about this in a timely and appropriate manner.

11. Other Important Privacy Information

A.  Selling of your Personal Data

We will never sell your Personal Data to a third party.

B.  Personal Data about Children

Children are not allowed to use the Service, and we do not collect personal information from and/or about children. If we learn that we have collected personal information of a child without the consent of the child’s parent or guardian, we will delete it. 

C.  Sensitive personal information.

We ask that you do not provide us with sensitive personal information (information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background or trade union membership) through the Service, or otherwise.

If you provide us with sensitive personal information when you use the Service or otherwise, you must consent to our processing and to the use of this personal data in accordance with this Privacy Policy. 

12. Changes to This Privacy Policy

We reserve the right to modify this Privacy Policy at any time. If we make significant material changes to this Privacy Policy or changes regarding how we process your personal data, we will notify you by updating the date of the application of this Privacy Policy and posting the updated version of it on our website, on the Service, and on other applicable platforms.

Effective as of 1st of June, 2022.

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