Privacy Policy

Privacy Policy

Effective as of January 23, 2024

Effective as of January 23, 2024

Higgsfield Inc. ( ("Higgsfield," "we", “us” or "our") offers an AI-powered platform that features various user tools, including AI-powered tools to help users create marketing materials. This Privacy Policy describes how Higgsfield processes personal information that we collect through our digital properties that link to this Privacy Policy, including our website (higgsfield.ai) mobile application (Visy) and social media pages (collectively, the “Service”), as well as our marketing activities, live events and other activities described in this Privacy Policy. 


Higgsfield may provide additional or supplemental privacy policies to individuals for specific products or services that we offer at the time we collect personal information.


Notice to European Users: Please see the Notice to European Users section for additional information for individuals located in the European Economic Area or United Kingdom (which we refer to as “Europe”, and “European” should be understood accordingly) below.

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

  • Notice to European Users

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, email address, billing and mailing addresses, 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, links to your profiles on social networks, interests, preferences, information about your participation in our contests, promotions, or surveys, 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, social media, or otherwise. 

  • Transactional data, such as information relating to or needed to complete your orders on or through the Service, including order numbers and transaction history.

  • Marketing data, such as your preferences for receiving our marketing and other communications and details about your engagement with them.

  • User-shared multimedia data, such as photos, images, and videos that you upload to and process through 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. 

  • Query and prompt data, such as comments, questions, messages, and other content or information that you generate, transmit, or otherwise make available through our Demos and otherwise through the Service, as well as associated metadata. Users of the Service should not submit personally identifiable information, or other sensitive, confidential, or proprietary information into the Service.

  • Feedback data, such as information regarding your experiences with the Service. 

  • 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 confidential, sensitive or otherwise proprietary information through the Service.


Third-party sources. We may combine personal information we receive from you with personal information falling within one of the categories identified above that we obtain from other sources, such as:


  • Public sources, such as government agencies, public records, social media platforms, and other publicly available sources.

  • Service providers that provide services on our behalf or help us operate the Service or our business.

  • Third-party services, such as social media services and cloud storage platforms 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.

  • Location data when you authorize our mobile application or the Service to access your device’s location.

  • Communication interaction data such as your interactions with our email, text or other communications (e.g., whether you open and/or forward emails) – we may do this through 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.


Data about others. We may offer features that help users invite their friends or contacts to use the Service, and we may collect contact details about these invitees so we can deliver their invitations. Please do not refer someone to us or share their contact details with us unless you have their permission to do so.

Tracking Technologies

Cookies and similar technologies. Some of our automatic data collection is facilitated by cookies and similar technologies. For more information, see our Cookie Notice. We will also store a record of your preferences in respect of the use of these technologies in connection with the Service

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 personal information to:

  • provide the Service;

  • to develop new programs and services;

  • enable security features of the Service;

  • establish and maintain your user profile on the Service;

  • facilitate your invitations to friends and associates who you want to invite to join the Service and/or with whom you choose to share data;

  • facilitate features of the Service, such as uploading, processing and syncing user-shared multimedia data and query and prompt data;

  • communicate with you about the Service, including by sending Service-related announcements, updates, security alerts, and support and administrative messages;

  • communicate with you about events or contests in which you participate; and

  • provide support for the Service, and respond to your requests, questions and feedback.


Service personalization, which may include using your personal information 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 to analyze your usage of the Service, improve the Service (including by using your user-shared multimedia data and query and prompt data to train our algorithms), improve the rest of our business, help us understand user activity on the Service, including which pages are most and least visited and how visitors move around the Service, as well as user interactions with our emails, and to develop new products and services. For example, we use Cloudflare Insights for this purpose. You can learn more about Cloudflare Insights and Cloudflare’s use of data collected through these tools here:  https://www.cloudflare.com/privacypolicy/.


Marketing and advertising. We, our service providers and our third-party advertising partners may collect and use your personal information 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 communications section below.  

  • Interest-based advertising. We and our third-party advertising partners may use cookies and similar technologies to collect information about your interaction (including the data described in the Tracking technologies section above) with the Service, our communications and other online services over time, and use that information to serve online ads that 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. 


Compliance and protection. We may use your personal information to:

  • comply with applicable laws, lawful requests, and legal process, such as to respond 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.  


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.


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 of 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. The length of time for which we retain information depends on the purposes for which we collected and use it and your choices. 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 or aggregate it, or isolate it from further processing.

How we share your personal information

We may share your personal information with the following parties and as otherwise described in this Privacy Policy, in other applicable notices, or at the time of collection.  


Affiliates. Our corporate parent, subsidiaries, and affiliates.


Service providers. Third parties that provide services on our behalf or help us operate the Service (including third-party application programming interfaces or APIs) or our business (such as hosting, information technology, customer support, email delivery, marketing, consumer research and website analytics). 


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, including contacts to whom you consent sharing your user-shared multimedia data;


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 or sync your Service account to or with, 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.


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 Higgsfield, financing of Higgsfield, 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 Higgsfield 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.


Other users and the public. Your profile, user-shared multimedia data, and query and prompt data are 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 provide comments, reviews, survey responses, or share other content.  In addition, we may feature or otherwise make available user-shared multimedia data to other users of the Service. 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

In this section, we describe the rights and choices available to all users. Users who are located in Europe can find additional information about their rights in the Notice to European Users section. 


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.


Cookies. 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.

Privacy settings. We make available certain privacy settings on the Service, including options to control.


Mobile location data. You can disable our access to your device’s precise geolocation in your mobile 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 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:

  • Ad industry tools. Opting out of interest-based ads from companies that participate in the following industry opt-out programs: 

  • 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. 


Cookies. For more information about cookies that we use on the Service and how to control them, see our Cookie Notice.


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. We give you the option to remove content from your account after it has been uploaded. Anything you remove from your account may remain on our active servers for 30 days while they are active, and copies of the content may be held in backups of our application databases after that. If you choose to cancel your account, your content will become immediately inaccessible and should be purged from our systems in full within 90 days. This applies both for cases when an account owner directly cancels and for auto-canceled accounts. You can choose to delete certain content through your account. If you wish to request to close your account, please contact us.

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 a number of 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.

How to contact us

Email: contact@higgsfield.ai

Mail: 919 North Market Street, Suite 950, Wilmington, DE 19801

Phone: [Phone Number]

Higgsfield Inc.

Higgsfield Inc.