Aspire Avatars Privacy Policy

Ascendant Art, LLC (“We,” “Ascendant Art,” “Company,” “Us,” or “Our“) is committed to maintaining the security, confidentiality and privacy of your personal information.

This privacy policy (the “Policy”) applies to Aspire Avatars, the webpage at URL: www.aspireavatars.com (the “Website“), and the Aspire Avatars mobile device app (the “App”) (collectively “Service”), and Ascendant Art’s practices for collecting, using, maintaining, protecting, and disclosing any information that relates to, describes, could be used to identify an individual, directly, or indirectly (the “Personal Information” or “Personal Data”). Through this Policy, You, or Your means the individual accessing or using the Service, or the legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Please read this policy carefully to understand our policies and practices regarding your information. If you do not agree any provision of this privacy policy, your sole remedy is not to use this Website or App. By continuing to use this Website or App, you agree to this privacy policy. This policy may change from time to time (see Section 7 Changes to the Privacy Policy).

If you have any questions about the practices described in this policy, please contact us using the details in the “Contact” section below.

1. Scope of Privacy Policy.

This Policy applies to Personal Information from individuals that Ascendant Art collects, uses, and discloses and which may include: (i) data collected through the Services, (ii) data collected through the process of training Ascendant Art machine learning algorithms, and (iii) data collected from third party sources. Third party sources may include, but not be limited to: public databases, commercial data sources, and the public internet. When you make purchases, we use third-party payment processors to collect credit card or other financial information. Ascendant Art does not store the credit card or payment information you provide, only confirmation that payment was made.

This Policy does not apply to the following information: Personal Information about Ascendant Art employees and candidates, and certain contractors and agents acting in similar roles. Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit) and does not constitute personal information.

This policy does not impose any limits on our collection, use, or disclosure of the information exempted under applicable privacy legislation, including business contact information and certain publicly available information.

2. Why We Collect Your Personal Information and How We May Use It.

We collect, use and may disclose your personal information for the following purposes:

1. 1. to allow us to communicate with you (including through the use of commercial electronic messages) to provide newsletters, electronic messages and information you request from us;
   2. to customize the advertising and content that is presented to you on our website;
   3. to contact you regarding any orders you place through our website, and to help process, deliver and take payment for those orders;
   4. to verify your personal information;
   5. to operate, customize and improve our website, social media sites, mobile applications, advertisements, products and services;
   6. to allow you to use portions of our website such as our forums;
   7. to allow you to participate in our contests, and to administer those contests;
   8. to monitor your compliance with any of your agreements with us;
   9. to administer our provision of, and your payment for, products or services you request from us;
   10. to deliver the general operations of the Service;
   11. to provide other information to you regarding our products and services or third party products and services, unless you opt out of receiving that information;
   12. to manage or transfer our assets or liabilities, for example in the case of an acquisition, change of control transaction, disposition or merger;
   13. to protect the Company, yourself and others from fraud and error and to safeguard our business interests;
   14. to collect debts owed to us;
   15. to comply with legal and regulatory requirements; and
   16. For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and your experience.

We may work with other third-parties to provide services on our behalf, such as website hosting services, analytics services, customer support platforms, and payment processing services. Those service providers will be permitted to obtain only the personal information they need to deliver the service in question, and they will be required to maintain the confidentiality of that information.

3. Collecting Your Personal Information.

We may collect various information from you during your use of the Service, including your name, address, phone number, e-mail address, photograph, credit card details, preferred means of communication, your interaction with our website, social media sites and mobile applications (including information such as IP addresses, browser type, language, access times, referring website, etc.) and other information you may opt-in to provide to us.

1. In particular, we may collect the following categories of personal information from users of the Service (“Personal Information”):

2. Limits on Collection. We will not collect information indiscriminately and will limit collection of information to that which is reasonable and necessary for the above purposes and the provide the Service. We will also collect information as is otherwise authorized by law.
3.        Children’s Privacy. Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Information, please contact Us. If We become aware that We have collected Personal Information from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.
   If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent’s consent before We collect and use that information.

4. Retention of Personal Information.

1. Accuracy. We will make a reasonable effort to ensure that personal information we are using or disclosing is accurate and complete. In some cases, we rely on you to ensure that certain information, such as your address or telephone number, is current, complete and accurate. If you demonstrate the inaccuracy or incompleteness of personal information, we will amend the information as required. If appropriate, we will send the amended information to third parties to whom the information has been disclosed.
2. Safeguards. We protect the personal information in our custody or control by making reasonable security arrangements to prevent unauthorized access, collection, use, disclosure, copying, modification, disposal or similar risks. Images containing your likeness are stored in a secure, encrypted format and are only available to authorized personnel.

We will take reasonable steps, through contractual or other reasonable means, to ensure that a comparable level of personal information protection is implemented by the suppliers and agents who assist in providing services to you. However, confidentiality and security are not assured when information is transmitted electronically.

5. Using Your Personal Information.

1. Transfers of Information. By using the Aspire Avatars website, you acknowledge and agree that your information may be processed outside your country of residence, including in other jurisdictions that may have different data protection frameworks than your region. Aspire Avatars maintains personal information for its users in the United States.
2. Sharing of Information with Third Parties and Consent. We will not sell or rent your personal information to any third parties, and we will obtain your consent to collect, use or disclose personal information except where we are authorized or required by law to do so without consent. For example, we may collect, use or disclose personal information without your knowledge or consent where:
   1. the information is publicly available, as defined by statute or regulation;
   2. we are obtaining legal advice; or
   3. we reasonably expect that obtaining consent would compromise an investigation or proceeding.

   Other exceptions may apply.
   Your consent can be express, implied or given through an authorized representative such as a lawyer, agent or broker.
   Consent may be provided orally, in writing, electronically, through inaction (such as when you fail to notify us that you do not wish your personal information collected/used/disclosed for various purposes after you have received notice of those purposes) or otherwise.
   You may withdraw consent at any time, subject to legal, contractual and other restrictions, provided that you give reasonable notice of withdrawal of consent to us. On receipt of notice of withdrawal of consent, we will inform you of the likely consequences of the withdrawal of consent, which may include our inability to provide certain services for which that information is necessary.
   Any material, information or other communication (including questions, comments and suggestions) you transmit to us through our website, social media sites or other online sites, or mobile applications will be considered non-confidential and non-proprietary. We may forward your communications and other personal information to any of our offices or affiliates throughout the world in connection with any products or services you request, or in connection with any communications you wish to have with us, and you consent to us doing so.

6. Your Privacy Rights and Choices.

1. Right to Access or Modify. Upon written request and authentication of identity, we will provide you with your other personal information under our control, information about the ways in which that information is being used and a description of the individuals and organizations to whom that information has been disclosed. We will make the information available within thirty (30) days or provide written notice where additional time is required to fulfill the request.
   In some situations we may not be able to provide access to certain personal information. This may be the case where, for example, disclosure would reveal personal information about another individual, the personal information is protected by solicitor/client privilege, the information was collected for the purpose of an investigation or where disclosure of the information would reveal confidential commercial information that, if disclosed, could harm our competitive position. We may also be prevented by law from providing access to certain personal information.
   Where an access request is refused, we will notify you in writing, document the reasons for refusal and outline further steps which are available to you.
2. Right to Deletion. We provide you with the ability to cancel your Aspire Avatars account and delete your information from within your account settings. You may also request deletion of your information by contacting us at the email address located below.
   We may take reasonable steps to verify your identity before processing your deletion request. If we are unable to verify your identity, we may deny the request. Please note that we will retain and use information about you as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
   Like access requests, we will notify you in writing if we deny your request to delete your information.
3. California Residents Access and Privacy Rights.
1. Right to Know. You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months (the “Right to Know“). Once we receive your request and confirm your identity, we will disclose to you:
1. The categories of personal information we collected about you.
2. The categories of sources for the personal information we collected about you.
3. Our business or commercial purpose for collecting or selling that personal information.
4. The categories of third parties with whom we share that personal information.
5. If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
6. sales, identifying the personal information categories that each category of recipient purchased; and
7. disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
8. The specific pieces of personal information we collected about you (also called a data portability request).
   We do not provide a right to know or data portability disclosure for B2B personal information.
2. Right to Delete. You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions (the “Right to Delete“). Once we receive your request and confirm your identity we will review your request to see if an exception allowing us to retain the information applies. We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:
1. Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.
2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
3. Debug products to identify and repair errors that impair existing intended functionality.
4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
8. Comply with a legal obligation.
9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
   We will delete, anonymize, and/or de-identify personal information not subject to one of these exceptions from our records and will direct our service providers to take similar action.
   We do not provide these deletion rights for B2B personal information.
3. Sale of Information, Opt-Out Rights. For the avoidance of doubt, we do not sell Personal Information, as defined by the California Consumer Privacy Act (“CCPA”), to third-parties, but you still retain the right to opt-out of any sales of Personal Information by Ascendant Art by request.
4. European Economic Area Residents. If You are located in the European Economic Area (the “EEA”), Switzerland, or the United Kingdom (the “UK”) our legal basis for collecting and using the Personal Information described in this Policy is consistent with the framework set forth by the General Data Protection Regulation (“GDPR”) and depends on the Personal Information concerned and the specific context in which we collect it. We collect Personal Information from you only where we have your consent to do so, where we need the Personal Information to perform a contract with you, or where the processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms. In some cases, we may also have a legal obligation to collect Personal Information from you.
   We may share information internally or with third parties, as further described in this Policy. When we share Personal Information of individuals in the EEA, Switzerland or UK with third parties, we make use of a variety of legal mechanisms to safeguard the transfer including the European Commission-approved standard contractual clauses, as well as additional safeguards where appropriate.
1. Your GDPR Data ProtectionRights.
1. You can request access, correction, updates or deletion of your Personal Information at any time.
2. You can object to our processing of your Personal Information, ask us to restrict processing of your Personal Information or request portability of your Personal Information. Should you request for us not to process your Personal Information, we will delete your Aspire Avatars account. We may retain certain anonymized information after account deletion such as transaction information.
3. If we have collected and processed your Personal Information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your Personal Information conducted in reliance on lawful processing grounds other than consent.
4. You have the right to complain to a data protection authority about any misuse and deceptive collection of your Personal Information.

7. Changes to the Privacy Policy.

We may update this Policy from time-to-time to reflect changes in legal, regulatory, operational requirements, our practices, and other factors. Please check this Policy periodically for updates. When required under applicable law, we will notify you of any changes to this Policy for your consent. If any of the changes are unacceptable to you, your sole remedy is to terminate use of the Service.

8. Miscellaneous.

1. Cookies We may use cookies to collect your personal information. Cookies are unique identifiers which are used to customize your website, mobile application or social media site experience. Most web browsers automatically accept cookies, but you can usually change your browser to prevent or notify you whenever you are sent a cookie. This gives you the chance to decide whether or not to accept the cookie. A cookie does not tell us who you are, your email address, or any other personal information. We use the information it provides to help us improve our website, mobile application, social media site and our services, and to provide our visitors with a better visit. Even without accepting a cookie you can still access many of the features on the site. There may, however, be limitations on your use of some site functions.
2. Links to Third Party Websites. Our website, social media sites and mobile applications may contain links to websites of third parties. These third party sites may have their own policies including their own privacy policies. We are not responsible for the privacy practices or the content of any third-party websites.
3. Governing Law. Any dispute, controversy or claim arising out of or in connection with this Privacy Policy, or the breach, termination or invalidity thereof, shall be governed by the laws and venue as stated in sections 40-41 of the Terms of Service.
4. Complaints. Upon your written request, we will provide information regarding our complaint procedures.
5. Contact. Any inquiries, complaints or questions regarding this policy or our compliance with privacy legislation should be directed in writing to us at privacy@ascendantart.ai.

We are located at:

Ascendant Art, LLC

PO Box 21552

Boulder, CO, 80308

USA