Participant Privacy Notice

This Privacy Notice forms part of, and is incorporated by reference into, the Participation Agreement between you and Simile AI (“we”, “us,” “our”). This Privacy Notice describes how we collect, use and disclose information about individuals in connection with a Project (as defined in the Participation Agreement). In connection with the Project, we may collect content, including text, audio, video, or other material, in the form of “Submissions” (as defined in the Participation Agreement) from individuals (such individuals, “Participants”).

For the purposes of this Privacy Notice, “you” and “your” means you as a Participant.

Please read this Privacy Notice carefully. By clicking 'I Agree' to the Participation Agreement or by providing any Submissions, you acknowledge that you have read this Privacy Notice and consent to the collection, use, and disclosure of your information as described in this Privacy Notice. If you do not agree, you will be unable to participate in a Project.

1. CHANGES TO THIS PRIVACY NOTICE

We may modify this Privacy Notice from time to time, in which case we will update the “Last Updated” date at the top of this Privacy Notice. If we make material changes to the way in which we use or disclose information we collect, we will use reasonable efforts to notify you (such as by emailing you at the last email address you provided us, by posting notice of such changes on the Services, or by other means consistent with applicable law).

2. COLLECTION AND USE OF YOUR INFORMATION

When you provide a Submission, we collect certain categories of information about you. We may use any information we collect from third parties to provide you with our survey platform and to maintain our business relationship, including by enhancing the safety and security of our survey platform (e.g., troubleshooting, data analysis, testing, system maintenance, and reporting), providing Participant support, sending service and other non-marketing communications, monitoring and analyzing trends, conducting internal research and development, complying with applicable legal obligations, enforcing any applicable terms of service or other agreements, and protecting the survey platform, our rights, and the rights of our employees, users or other individuals.

Information You Provide to Us

Participation in the survey requires you to provide us with certain information about yourself. You may elect not to provide this information, but doing so may result in your survey responses being considered incomplete and you may not receive compensation for your Submission. Information that you directly submit through a Submission includes:

Basic contact details, such as name, address, phone number, and email. We use this information to create and maintain your account and provide the survey platform and facilitate your Submissions, and to communicate with you.
Any information you provide to us in your Submissions, which may include voice, image, details about your life that you voluntarily share such as your lifestyle habits and personality traits, demographic data, purchasing and consumption habits, and information that may be considered sensitive information in some jurisdictions, including political opinions, religion, ethnic origin, sexual orientation and health data, and other information similar in nature to the categories described above if you choose to provide such information. We collect your survey responses via text entry, audio and video recordings. If we accept your Submissions, you agree to us using this information for any lawful purpose and in accordance with the Participation Agreement, including to:
Generate an “agent” based on your Submissions using artificial intelligence. The agent will is a text-based generative model that uses your Submissions to produce responses simulating how you might answer questions or react to scenarios, so that authorized organizations can query a "digital twin" of you in place of traditional research methods like focus groups or surveys; the agent will not synthesize your voice or generate a simulation of your voice;
Train and support the development, improvement, and promotion of our products and services, including the AI models that support those products and services;
Provide your Submissions, including the raw video and audio recordings, to our third-party customers for their business and market research purposes as outlined in the Participation Agreement.
Any other information you choose to include in communications with us, for example, when requesting support in connection with your Submission. This information will be used to assist you, improve and facilitate the Project, and respond to your requests.

Information We Collect Automatically

We also automatically collect certain information about your interaction with our survey platform (“Usage Data”). To do this, we may use cookies and other tracking technologies (“Tracking Technologies”) to collect Usage Data, including:

Device information, such as device type, operating system, unique device identifier, and internet protocol (IP) address.
Location information, such as approximate location.
Other information regarding your interaction with the survey platform, such as browser type, log data, date and time stamps, and clickstream data.

We use Usage Data to run analytics and better understand user interaction with the survey platform. For more information on how we use Tracking Technologies and your choices, see the section below, Cookies and Other Tracking Technologies.

Information Collected From Other Sources

We may obtain information about you from outside sources, including information that we collect directly from third parties and information from third parties that you choose to share with us. This includes information we receive from third party recruitment platforms that refer Participants to us, we use this information to facilitate your participation in the Project.

Any information we receive from outside sources will be treated in accordance with this Privacy Notice. We are not responsible for the accuracy of the information provided to us by third parties and are not responsible for any third party’s policies or practices. For more information, see the section below, Third Party Websites and Links.

Deidentified Information

Finally, we may deidentify or anonymize your information such that it cannot reasonably be used to infer information about you or otherwise be linked to or associated with you (“deidentified information”) (or we may collect information that has already been deidentified/anonymized), and we may use such deidentified information for any purpose. To the extent we possess or process any deidentified information, we will maintain and use such information in deidentified/anonymized form and not attempt to re-identify the information, except solely for the purpose of determining whether our deidentification/anonymization process satisfies legal requirements.

3. COOKIES AND OTHER TRACKING TECHNOLOGIES

Most browsers accept cookies automatically, but you may be able to control the way in which your devices permit the use of Tracking Technologies through your browser settings or device configurations. If you so choose, you may block or delete our cookies from your browser; however, blocking or deleting cookies may cause certain features or general functionality of the survey platform to work incorrectly. Some browsers have “do not track” features that allow you to tell a website not to track you. These features are not all uniform. We do not currently respond to those signals. If you have questions regarding the specific information about you that we process or retain, as well as your choices regarding our collection and use practices, please contact us using the information listed below.

4. DISCLOSURE OF YOUR INFORMATION

We may disclose your information to third parties for legitimate purposes subject to this Privacy Notice, including the following categories of third parties:

Corporate group. Our affiliates or others within our corporate group.
Vendors. Vendors or other service providers who help us provide the survey platform, facilitate your Submission or the Project, assist us with generating an agent, including for system administration, cloud storage, security, customer relationship management, and web analytics.
Third party customers and business partners, as further described in the Participation Agreement that you sign, which may include consumer pharmacy companies, financial services companies, financial institutions, investment and private equity firms, telecommunications companies, consumer packaged goods companies, and food service companies.
Professional advisors, such as auditors, law firms, or accounting firms.
Business transaction parties. Third parties in connection with or anticipation of an asset sale, merger, or other business transaction, including in the context of a bankruptcy proceeding or other restructuring matter.

We may also disclose your information as needed to comply with applicable law or any obligations thereunder or to cooperate with law enforcement, judicial orders, and regulatory inquiries, to enforce any applicable terms of service or other agreements, and to ensure the safety and security of our business, employees, and users.

5. THIRD PARTY WEBSITES AND LINKS

We may provide links to third-party websites or platforms. If you follow links to sites or platforms that we do not control and are not affiliated with us, you should review the applicable privacy notice, policies and other terms. We are not responsible for the privacy or security of, or information found on, these sites or platforms. Our inclusion of such links does not, by itself, imply any endorsement of the content on such platforms or of their owners or operators.

6. CHILDREN'S PRIVACY

Children under the age of 18 are not permitted to use the survey platform and are not eligible to be a Participant. We do not seek or knowingly collect any personal information about children under 18 years of age. If we become aware that we have unknowingly collected information about a child, in particular a child under 13 years of age, we will make commercially reasonable efforts to delete such information. If you are the parent or guardian of a child who has provided us with their personal information, you may contact us using the below information to request that it be deleted.

7. DATA SECURITY AND RETENTION

We take reasonable steps to securely store your personal information and to prevent unauthorized use, disclosure, and access to your personal information. Despite our reasonable efforts to protect your information, no security measures are impenetrable, and we cannot guarantee “perfect security.” Any information you provide in a Submission or send to us electronically, while interacting with us or our survey platform, may not be secure while in transit. We recommend that you do not use unsecure channels to send us sensitive or confidential information.

Subject to any rights retained by us under the Participation Agreement, we retain your information for as long as is reasonably necessary for the purposes specified in this Privacy Notice. When determining the length of time to retain your information, we consider various criteria, including whether we need the information to continue facilitate your participation in the survey and process your Submissions, to generate AI agents and otherwise use your Submissions in connection with the Project, to disclose your Submissions to our customers for market research and business purposes, resolve a dispute, enforce our contractual agreements, prevent harm, promote safety, security and integrity, or protect ourselves, including our rights, property or products.

8. RESIDENTS OF THE UNITED STATES

Depending on the state you live in, you may request that we confirm whether we process your personal information, and you may further request access to, or deletion of, your personal information. You may also request that we correct inaccurate personal information that we maintain about you. However, these rights are not absolute, and in certain cases, we may decline your request as permitted by law, including in the event you reside in a state that does not currently grant you these rights.

For information about making one of the above requests, you may contact us using the contact information provided in the “How to Contact Us” section of this Privacy Notice.

9. RESIDENTS OF AUSTRALIA

Overseas recipients of personal information

We may disclose your information to recipients located outside of Australia. Overseas recipients may be located in any country around the world depending on the location of the specific third-party customer, but usually in the United States, where we and our suppliers are located. We generally will only disclose to overseas recipients in countries which have similar data protection laws to Australia, or otherwise seek your consent to do so.

Your Rights

If we hold personal information about you, you can make a request for access and/or correction to your personal information. If you want to request access and/or correction, please email us at legal@simile.ai and we will respond to your request within a reasonable timeframe.

We may not be able to grant your request for access to the personal information we hold in some circumstances, such as where we reasonably believe there is a threat to life, health or safety, or if it would unreasonably impact other individuals’ privacy.

If your personal information is used for the development of artificial intelligence technologies, you may contact us using the contact information provided in the “How to Contact Us” section of this Privacy Notice for information on how you may access and/or correct the personal information we hold about you.

Complaints

If you have any concerns about how we have handled your personal information in accordance with the Australian Privacy Principles in the Privacy Act 1988 (Cth), please email the privacy team at legal@simile.ai. If your concern is not resolved, then you can make a complaint to the Australian Privacy Commissioner on the website here or mail to GPO Box 5288, Sydney NSW 2001, Australia.

10. RESIDENTS OF BRAZIL

Overseas recipients of personal information

We may transfer your personal information internationally when such transfer is necessary for the purposes described in Section 2 of this Privacy Notice. These transfers will be carried out in accordance with applicable laws, based on appropriate safeguards and contractual mechanisms. The personal information will be transferred for the necessary duration to fulfill the purposes of the processing, as described in Section 2 of this Privacy Notice.

Your Rights

You have legal rights in relation to the personal information about you that we process. These rights include:

Receive clear and complete information about the processing of your personal information, including the possibility of sharing personal information;
Request access to your personal information and/or confirmation of the existence of data processing;
Request that we rectify any inaccurate, incomplete or outdated personal information;
Object to processing activities, request anonymization and deletion of personal information, in specific circumstances;
Request the portability of your personal information;
Revoke consent at any time when we process your personal information based on consent; and
Request a review of automated decisions that may affect your interests.

11. RESIDENTS OF THAILAND

Overseas recipient of personal information.

We may transfer your personal information to recipients located outside of Thailand where necessary to provide the survey platform and facilitate your Submissions, including to our affiliates, vendors, and third-party customers, many of whom are located in the United States or other countries where we and our suppliers operate. We implement appropriate safeguards and contractual protections to help ensure your personal information continues to receive a comparable level of protection when transferred internationally, and we only retain such information for as long as necessary for the purposes described in this Privacy Notice. If you would like more information about our cross-border transfer mechanisms or the countries in which recipients are located, please contact us using the details in “How to Contact Us” section of this Privacy Notice.

Your rights

Subject to applicable law, you may have the right to request access to the personal information we hold about you, request that we correct inaccurate or incomplete personal information, request deletion in certain circumstances, request that we provide your information in a portable format, object to or request restriction of certain processing, and withdraw consent where processing is based on your consent without affecting the lawfulness of processing prior to withdrawal. You may exercise these rights by contacting us using the details provided below; we may need to verify your identity before fulfilling your request, and we will respond within a reasonable time and in accordance with applicable requirements. We will not discriminate against you for exercising your rights.

Complaints

If you have any concerns about how we have handled your personal information in accordance with the Thai Personal Data Protection Act, please email our data privacy officer at legal@simile.ai. You can also make a complaint to the Office of Personal Data Committee.

12. RESIDENTS OF THE EUROPEAN UNION AND THE UNITED KINGDOM

Data Controller

Simile AI is the data controller of your personal information. This means that we are responsible for deciding how and why we use personal information about you.

Lawful Bases for Processing

We will only process your personal information where we have a lawful basis, as set out below.

Performance of a contract. We rely on this basis to:

maintain and secure your account;
provide you with the survey platform and facilitate your Submissions;
facilitate your participation in the Project; and
enforce our contractual agreements.

Legitimate interests. We rely on our legitimate interests in operating and improving the survey platform, protecting our business, and promoting our products and services to:

generate an “agent” based on your Submissions;
train and support the development, improvement, and promotion of our products and services as described in Section 2;
provide your Submissions to our customers as described in Section 2;
collect and process Usage Data to run analytics and better understand user interaction with the survey platform;
ensure the safety and security of the survey platform;
conduct internal research and development;
provide Participant support;
communicate with you;
deidentify or anonymize your information as described in Section 2;
disclose your information to third parties as described in Section 2;
establishment, exercise or defend rights or legal claims.

In the EU and the UK, we will use any information you provide to us in your Submissions to our survey to generate an agent, to train and support the development, improvement, and promotion of our Services, and provide your submission as set out in more detail in Section 2.

Legal obligation. We rely on this basis where processing is necessary for compliance with a legal obligation to which we are subject, for example to comply with applicable law, respond to legal process, or cooperate with regulatory inquiries.

Sensitive Personal Information

Your Submissions may contain sensitive personal information, such as information about your health, political opinions, religious or philosophical beliefs, trade union membership, sexual orientation and racial or ethnic origin. We will only process your sensitive personal information with your explicit consent.

Overseas Recipients of Personal Information

We may transfer your personal information to recipients located outside European Union Economic Area (“EEA”) and/or the United Kingdom, including to the United States where we and our suppliers are located, for the purposes described in Section 2 of this Privacy Notice. Where we transfer your personal information to a country that is not deemed to provide an adequate level of data protection by the European Commission or the relevant UK authorities, we will implement appropriate safeguards to protect your personal information, for example by entering into the EU Standard Contractual Clauses, the UK International Data Transfer Agreement or the UK Addendum to the EU Standard Contractual Clauses. You may request more information by contacting us at legal@simile.ai.

Your Rights

Subject to applicable law, you have the following rights in relation to your personal information. These rights are not absolute, and in certain cases, we may decline your request as permitted by law.

Right of access. You have the right to request confirmation of whether we process personal information about you and, if so, to request a copy of that personal information, together with certain additional information about how we process it.

Right to rectification. You have the right to request that we correct any inaccurate personal information we hold about you and to have incomplete personal information completed.

Right to erasure. You have the right to request the erasure of your personal information.

Right to restriction of processing. You have the right to request that we restrict the processing of your personal information to storage only.

Right to data portability. You have the right to receive the personal information you have provided to us in a structured, commonly used and machine-readable format, and to transmit that data to another controller.

Right to object. You have the right to object to the processing of your personal information.

Right to withdraw consent. Where we process your personal information on the basis of your consent, you have the right to withdraw your consent at any time.

To exercise any of these rights, please contact us at legal@simile.ai. We may need to verify your identity before fulfilling your request.

Complaints

If you have complaints about how we process your personal information, please contact us. You have the right to make a complaint to us if you think we have infringed applicable data protection laws. You may submit your complaint to us at legal@simile.ai, and we will acknowledge receipt of your complaint within 30 days of receiving it and respond to your complaint without undue delay. You also have the right at any time to lodge a complaint with the UK Information Commissioner’s Office (ICO) in the UK or the data protection supervisory authority in the EU country in which you live or work or where you think we have infringed data protection laws.

13. RESIDENTS OF JAPAN

This section applies to users located in Japan.

Purpose of Use

We use your personal information for the purposes specified in Section 2 of this Privacy Policy. If we plan to use your personal information for a new purpose not previously disclosed, we will notify you and, where required, obtain your consent.

International Transfers

By agreeing to the Participation Agreement you consent to your personal information being transferred to and stored in the United States. We implement appropriate safeguards for this transfer and information handling by the transferee, including contractual protections with our service providers. Information about the personal information protection systems in the countries where your data is processed is available on the Personal Information Protection Commission website (English version / Japanese version).

Your Rights

Subject to applicable law, you have the right to request disclosure of personal information that we hold about you, request that we correct inaccurate or incomplete personal information, request addition or deletion of your personal information, request that we cease our use or provision of your personal information, and request notification for the purposes of using your personal information.

To exercise any of these rights, please contact us at legal@simile.ai.

Inquiries

For questions or complaints regarding our handling of personal information, please contact us using the contact information provided below.

14. RESIDENTS OF MEXICO

Your Rights

Under applicable Mexican data protection law, you have the right to access, rectify, cancel, and object to the processing of your personal data at any time, including objection to secondary purposes (ARCO rights), as well as to revoke your consent and limit the use or disclosure of your personal data. To exercise these rights, you must submit a request including your name, contact details, proof of identity, and a clear description of the right you wish to exercise. We will respond within the timeframes established by applicable law. To submit your request or if you have any questions regarding the applicable requirements and procedures, please contact us using the contact details provided in the “How to Contact Us” section below.

Where your consent is required to disclose your information to third parties (including to our customers, business partners, and to business transaction parties) we obtain your consent when you agree to the terms of the Participation Agreement and acknowledge this Privacy Notice.

15. HOW TO CONTACT US

Should you have any questions about our privacy practices or this Privacy Notice, please email us at legal@simile.ai or contact us at 435 Tasso Street, Palo Alto, CA.

Other languages / Otros idiomas / 他の言語: Español (México) · 日本語