EFFECTIVE DATE: October 13, 2021
Clarifai is committed to your privacy. This privacy policy (“Privacy Policy”) is intended to help you understand the data we collect about you, how we use it and who we share it with so you can make informed decisions about your Personal Data (defined below) when using Clarifai’s Services. To make it easier to navigate this Privacy Policy, we have divided it into the sections detailed below. You can click on the quick links to learn more about the different topics the Privacy Policy covers:
We start by telling you more about who we are and give a general overview of the information this Privacy Policy is intended to cover.
Next, we go into detail about the Personal Data we collect and how we use this data. For example, we are always striving to improve our services and your experience, and we collect certain Personal Data for these purposes. We may also sometimes use this data to comply with our legal obligations or to prevent violations of our contractual terms and policies.
This section expands on the Personal Data we collect about Clarifai employment candidates, which we use in connection with our recruitment efforts.
Here, we describe our practices regarding how Personal Data we collect is shared with our service providers and other third parties. For example, we may share your Personal Data with our payment processors as necessary to process your payment. This section also explains how we use information collected about you, through the use of cookies, to improve and customize your Clarifai experience. Finally, we address our age requirements for use of our Services.
Your privacy rights may differ based on where you are located. In this section, we set out in detail special rights you may have in your jurisdiction and how to exercise those rights. We also describe the measures we take to ensure that transfers of Personal Data from Europe to the United States comply with applicable laws and regulatory frameworks (such as the GDPR).
The final section of this Privacy Policy includes important information about controlling your Personal Data and notifications, updates to this Privacy Policy, and our contact information. If you have any questions or comments regarding this Privacy Policy or its substance, you can contact our privacy team at privacy@clarifai.com.
By using or accessing the Services in any manner you acknowledge that you have read and understand the practices and policies outlined in this Privacy Policy, including our collection, use and sharing of your Personal Data in the following ways. If you do not agree with this Privacy Policy, you should not use the Services. Your use of Clarifai’s Services is at all times subject to the Terms of Service which incorporates this Privacy Policy. Any terms we use in this Privacy Policy without defining them have the definitions given to them in the Terms of Service. If you have any questions, feel free to contact us at privacy@clarifai.com.
Clarifai, Inc. (“Clarifai,” “we,” or “us”) offers a full-lifecycle deep learning artificial intelligence platform for computer vision, natural language processing and more. We help organizations transform unstructured images, video, text and other electronic data into structured data at a significantly faster and more accurate rate than humans would be able to do on their own. Our headquarters are in New York but we have employees remotely based throughout the United States and in Tallinn, Estonia. You can find out more about us here.
If you are located in the European Economic Area ("EEA"), United Kingdom or Switzerland, the data controller of your Personal Data is Clarifai, Inc.
What This Privacy Policy Covers
This Privacy Policy describes how we collect, use and share your Personal Data for our business purposes, including:
“Personal Data” means any information that identifies or relates to a particular individual and also includes information referred to as “personally identifiable information” or “personal information” under applicable data privacy laws, rules, or regulations.
This Privacy Policy does not cover the practices of companies we don’t own or control or people we don’t manage. Similarly, this Privacy Policy may not apply to the Personal Data that we process as a data processor or service provider on behalf of our customers in the course of providing our Services. We are not responsible for the privacy practices of our customers or other third parties, which may differ from those described in this Privacy Policy.
This Section applies to the Personal Data that we collect and process in connection with our Marketing Activities and to the Personal Data of Service Users and individuals whose Personal Data may be included in Content.
We collect Personal Data about you from:
You
when you provide such information directly to us, such as:
when you create an account and use our Services
when you send us Personal Data (including images, videos and text, and geolocation or other metadata attached to such Personal Data)
when you send us an email, ask for help from support, or otherwise contact us
through Cookies (defined below)
if you use certain applications and software we make available (such as our SDKs and APIs), we may receive and collect information transmitted from your computing device for the purpose of providing you the relevant Services
when you add annotations constituting Personal Data about you to the data you send to us by using our models and algorithms to make predictions about, or by adding tags that describe, such data.
Third parties, when they provide us with Personal Data about you (“Third Parties”). Third Parties that share your Personal Data with us include:
Service Users. Service Users may provide Personal Data about you when they use our Services:
when Service Users send Content to us when they use our Services and send us Personal Data about you, including images, videos and text, and geolocation or other metadata attached to such Personal Data
if Third-Party Users use certain applications and software we make available (such as our SDKs and APIs), we may receive and collect information transmitted from their computing device for the purpose of providing them the relevant Services, and the information may include Personal Data about you
when Service Users add annotations constituting Personal Data about you to the Content they send to us when they use our Services by using our models and algorithms to make predictions about, or by adding tags that describe, such data
Service providers. For example, we may use analytics service providers to analyze how Service Users interact and engage with the Services, or third parties may help us provide Service Users with customer support. We may also receive your Personal Data from third parties that provide us with sales leads.
Social networks connected to the Services. If you are a Service User and provide your social network account credentials to us or otherwise sign in to the Services through a third-party site or service, you understand some content and/or information in those accounts may be transmitted into your account with us.
We utilize datasets from third party data providers and publicly available sources to provide and improve our Services, some of which may contain your Personal Data (such as images or videos of individuals).
Us, when we add annotations constituting Personal Data to the Content that Service Users send to us when they use our Services, by using our models and algorithms to make predictions about, or by adding tags that describe, such Content.
The following table details the categories of Personal Data that we collect and have collected via our Services over the past 12 months. For each category of Personal Data, the table also sets out the categories of sources and the third parties with whom we share that Personal Data.
Category of Personal Data | Examples of Personal Data Collected | Source | Third Parties With Whom We Share Data for Business Purposes |
Contact Data/Identifiers |
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Social Network Data |
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Payment Information |
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Device/IP Information |
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Web Analytics |
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Biometric Data |
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Other Visual Information |
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Geolocation and other metadata |
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Predictions and Tags |
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Inferences, Predictions and Tags Generated by Us |
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We use the Personal Data described above in the context of our Services and to provide and improve our Services for our customers. Our business or commercial purposes for collecting this Personal Data include:
This Section applies to the Personal Data of Candidates that we collect, use and share in connection with our recruitment efforts.
Sources of Personal Data
We collect Personal Data about you from:
The following table details the categories of Personal Data that we collect and have collected about Candidates over the past 12 months. For each category of Personal Data, the table also sets out the categories of sources and the third parties with whom we share that Personal Data.
Category of Personal Data | Examples of Personal Data Collected | Source | Third Parties With Whom We Share Data for Business Purposes |
Contact Data/Identifiers |
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Social Network Data |
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Payment Information |
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Device/IP Information |
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Web Analytics |
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Biometric Data |
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Other Visual Information |
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Geolocation and other metadata |
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Predictions and Tags |
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Inferences, Predictions and Tags Generated by Us |
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We use the Personal Data described above in the context of our recruitment efforts and to consider your application for a job or role at Clarifai. Our purposes for collecting this Personal Data include:
This Section describes our practices regarding the sharing and transfer of Personal Data that we collect.
We use your Personal Data for a variety of purposes, where permitted by applicable law:
In certain circumstances, we may disclose your Personal Data to the following categories of service providers and other parties:
Categories of Third Parties With Whom We Share Personal Data |
Business Purpose for Sharing Data |
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Service Providers | |||
Payment Processors |
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Security and Fraud Prevention Consultants |
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Hosting, Technology and Communications Providers; Fulfillment Providers; Data Storage Providers; Analytics Providers; Staff Augmentation Personnel |
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Parties You or a Third-Party User Sharing Your Personal Data With Us Authorizes, Accesses or Authenticates | |||
Other Users |
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Social Media Services |
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Business Transfers
All Personal Data may be transferred to a third party if we undergo a merger, acquisition, bankruptcy or other transaction in which that third party assumes control of our business (in whole or in part). Should one of these events occur, we will make reasonable efforts to notify you before your information becomes subject to different privacy and security policies and practices.
Sometimes, we may be required to hand over information to government authorities or as part of a legal process (like a lawsuit or arbitration). If we are permitted to do so, we will notify you of the requirement to disclose your Personal Data or the applicable Customer that provided us with such information of any such requirement before we comply. We intend to defend our Customers’ rights against unlawful search and seizure. However, we also refuse to support criminal activity.
The following sections provide additional information about how we collect your Personal Data.
Information Collected Automatically
The Services use cookies and similar technologies such as pixel tags, web beacons, clear GIFs, mobile identifiers, and JavaScript (collectively, “Cookies”) to enable our servers to recognize your web browser and tell us how and when you visit and use our Services, to analyze trends, learn about our user base, and operate and improve our Services. For example, we use Cookies to tailor the Services by tracking navigation habits, measuring performance, customizing user experiences with the Services and for analytics and fraud prevention. Cookies are small pieces of data – usually text files – placed on your computer, tablet, phone, or similar device when you use that device to visit our Services. We may also supplement the information we collect from you with information received from third parties, including third parties that have placed their own Cookies on your device(s). Your browser may offer you a “Do Not Track” option, which allows you to signal to operators of websites and web applications and services that you do not wish such operators to track certain of your online activities over time and across different websites. Not all browsers offer a Do Not Track option and there is currently no industry consensus as to what constitutes a Do Not Track signal. For these reasons, our Services, like many web service site operators, do not support Do Not Track requests at this time. To find out more about “Do Not Track,” you can visit www.allaboutdnt.com.
We use the following types of Cookies:
Essential Cookies. Essential Cookies are required for providing you with features or services that you have requested. For example, certain Cookies enable you to log into secure areas of our Services. Disabling these Cookies may make certain features and services unavailable.
Functional Cookies. Functional Cookies are used to record your choices and settings regarding our Services, maintain your preferences over time and recognize you when you return to our Services. These Cookies help us to personalize our content for you and remember your preferences.
Performance/Analytical Cookies. Performance/Analytical Cookies allow us to understand how visitors use our Services such as by collecting information about the number of visitors to the Services, what pages visitors view on our Services, how long visitors are viewing pages on the Services, mouse clicks, mouse movements, scrolling activity, and text typed into the Services. Performance/Analytical Cookies also help us measure the performance of our advertising campaigns in order to help us improve our campaigns and the Services’ content for those who engage with our advertising. For example, Google Inc. (“Google”) uses cookies in connection with its Google Analytics services. Google’s ability to use and share information collected by Google Analytics about your visits to the Services is subject to the Google Analytics Terms of Use and the Google Privacy Policy. You have the option to opt-out of Google’s use of cookies by visiting the Google advertising opt-out page at www.google.com/privacy_ads.html or the Google Analytics Opt-out Browser Add-on at https://tools.google.com/dlpage/gaoptout/. We also use analytics services provided by Periscope, HubSpot, DemandBase, Seamless.AI and Marketo.
Retargeting/Advertising Cookies. Retargeting/Advertising Cookies collect data about your online activity and identify your interests so that we can score leads and provide you with web and email content that we believe is relevant to you.
You can decide whether or not to accept Cookies through your internet browser’s settings. Most browsers have an option for turning off the Cookie feature, which will prevent your browser from accepting new Cookies, as well as (depending on the sophistication of your browser software) allow you to decide on acceptance of each new Cookie in a variety of ways. You may also be able to reject mobile device identifiers by activating the appropriate setting on your mobile device. You can also delete all Cookies that are already on your device. Although you are not required to accept Clarifai’s Cookies, if you block, reject, or delete them, you may have to manually adjust some preferences every time you visit our website and some of the Services and functionalities may not work.
To explore what Cookie settings are available to you, look in the “preferences” or “options” section of your browser’s menu. To find out more information about Cookies, including information about how to manage and delete Cookies, please visit http://www.allaboutcookies.org/, or https://ico.org.uk/for-the-public/online/cookies/ if you are located in the European Union (“EU”).
The Services are not directed to or intended for use by children under 18, and children under 16 are prohibited from using the Services. As noted in the Terms of Use, we do not knowingly collect or solicit Personal Data from children under 18; if you are a child under 18, please do not attempt to register for or otherwise use the Services or send us any Personal Data.
If you use the Services on behalf of another person, regardless of age, you agree that Clarifai may contact you for any communication made in connection with providing the Services or any legally required communications. You further agree to forward or share any such communication with any person for whom you are using the Services on behalf.
This Section describes the rights and choices you have with respect to your Personal Data. Please note that your rights will depend on where you are located and applicable privacy and data protection laws. These may include, for example, the right to access your Personal Data, request correction or deletion of your Personal Data, object or opt-out to our processing of your Personal Data or request portability of your Personal Data. We will respond to any requests we receive in accordance with our obligations under local privacy and data protection laws. If you have any questions about this section or whether any of the following applies to you, please contact us at privacy@clarifai.com.
If you are a California resident, you have the rights outlined in this section. Please see the “Exercising Your Rights” section below for instructions regarding how to exercise these rights. If we are processing your Personal Data as a service provider on behalf of a customer, you should contact the entity that customer to address your rights with respect to such data.
Access
You have the right to request certain information about our collection and use of your Personal Data over the past 12 months, including the specific pieces of information collected.
Deletion
You have the right to request that we delete the Personal Data that we have collected from you. Under the CCPA, this right is subject to certain exceptions: for example, we may need to retain your Personal Data to provide you with the Services or complete a transaction or other action you have requested. If your deletion request is subject to one of these exceptions, we may deny your deletion request.
Right to Non-discrimination: We will not discriminate against you for exercising your rights under the CCPA. We will not deny you our goods or services, charge you different prices or rates, or provide you a lower quality of goods and services if you exercise your rights under the CCPA.
Under the CCPA, you also have the right to opt-out of the "sale" of your personal information. We do not and will not sell your Personal Data and have not done so over the last 12 months.
Exercising Your Rights
To exercise the rights described above, you or your Authorized Agent (as defined below) must send us a request that (1) provides sufficient information to allow us to verify that you are the person about whom we have collected Personal Data, and (2) describes your request in sufficient detail to allow us to understand, evaluate, and respond to it. Each request that meets both of these criteria will be considered a “Valid Request.” We may not respond to requests that do not meet these criteria. We will only use Personal Data provided in a Valid Request to verify your identity and complete your request. You do not need an account to submit a Valid Request.
We will work to respond to your Valid Request within 45 days of receipt. We will not charge you a fee for making a Valid Request unless your Valid Request(s) is excessive, repetitive, or manifestly unfounded. If we determine that your Valid Request warrants a fee, we will notify you of the fee and explain that decision before completing your request.
You may submit a Valid Request using the following methods:
Shine the Light Rights
Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to contact us to prevent disclosure of Personal Data to third parties for such third parties’ direct marketing purposes; in order to submit such a request, please contact us at privacy@clarifai.com.
European Rights
If you are a resident of the European Union, United Kingdom, Lichtenstein, Norway, or Iceland (collectively, "Europe"), you may have additional rights under applicable data protection laws with respect to your Personal Data, as outlined below.
Note that we may process your Personal Data on behalf of our Customers in connection with our provision of certain Services to our customers, in which case we are the data processor of your Personal Data. If we are the data processor of your Personal Data (i.e., not the data controller), please contact the relevant Clarifai Customer (as the data controller) to address your rights with respect to such data.
Personal Data Processing Grounds
The “How We Use Your Personal Data” section above explains how we use your Personal Data. We will only process your Personal Data if we have a lawful basis for doing so. Lawful bases for processing include consent, contractual necessity and our “legitimate interests” or the "legitimate interest" of others, as further described below.
Contractual Necessity: We process the following categories of Personal Data as a matter of “contractual necessity”, meaning that we need to process the data to perform under our Terms of Use with you or the Service User that provided us with such Personal Data, which enables us to provide the Services to you or such Service User. When we process data due to contractual necessity, failure to provide such Personal Data will result in the inability of you or such Service User to use some or all portions of the Services that require such data.
Legitimate Interest: We process the following categories of Personal Data when we believe it furthers the legitimate interest of us or third parties.
Consent: In some cases, we process Personal Data based on the consent you expressly grant to us at the time we collect such data.
Other Processing Grounds: From time to time, we may also need to process Personal Data to comply with a legal obligation, if it is necessary to protect the vital interests of you or other data subjects, or if it is necessary for a task carried out in the public interest.
Data Subject Rights
You have certain rights with respect to your Personal Data in certain circumstances, including those set out below. For more information about these rights, or to submit a request, please email us at privacy@clarifai.com. Please note that in some circumstances, we may not be able to fully comply with your request, such as if we are unable to identify your Personal Data or your request is manifestly unfounded or excessive. In those circumstances, we will still respond to notify you of such a decision. In some cases, we may also need to verify your identity and the nature of your request.
Transfers of Personal Data outside Europe
The Services are hosted and operated in the United States through Clarifai and its service providers, and laws in the United States may differ from the laws where you reside. By using the Services, you acknowledge that any Personal Data about you, regardless of whether provided by you or obtained from a third party, is being provided to Clarifai in the United States and will be hosted on United States servers and accessible in the United States and Estonia. Wherever Clarifai transfers Personal Data outside Europe, we take measures to ensure such transfers are made in compliance with applicable data protection laws, including the General Data Protection Regulation ("GDPR"). These measures include implementing standard contractual clauses adopted by the European Commission and UK authorities with our Customers and service providers, and implementing additional safeguards as necessary.
Although we do not rely on it as a transfer mechanism under the GDPR, Clarifai has certified to the EU-U.S. Privacy Shield Framework set forth by the United States Department of Commerce regarding the collection and use of Personal Data transferred from the EU, and to the Swiss-U.S. Privacy Shield Framework set forth by the United States Department of Commerce regarding the collection and use of Personal Data transferred from Switzerland. For more information about the Privacy Shield Program, and to view Clarifai’s certification, please visit https://www.privacyshield.gov. Clarifai is committed to the Privacy Shield Principles of (1) notice, (2) consent, (3) accountability for onward transfer, (4) security, (5) data integrity and purpose limitation, (6) access and (7) recourse, enforcement and liability with respect to all Personal Data received from within the EU or Switzerland in reliance on the Privacy Shield. The Privacy Shield Principles require that we remain potentially liable if any third party processing Personal Data on our behalf fails to comply with these Privacy Shield Principles (except to the extent we are not responsible for the event giving rise to any alleged damage). Clarifai’s compliance with the Privacy Shield is subject to the investigatory and enforcement powers of the United States Federal Trade Commission.
Please contact us at privacy@clarifai.com with any questions or concerns relating to our Privacy Shield Certification. If you do not receive timely acknowledgment of your Privacy Shield-related complaint from us, or if we have not resolved your complaint, you may also resolve a Privacy Shield-related complaint through: JAMS, an alternative dispute resolution provider located in the United States. You can visit https://www.jamsadr.com/ for more information or to file a complaint, at no cost to you. Under certain conditions, you may also be entitled to invoke binding arbitration for complaints not resolved by other means. If there is any conflict between the terms in this Privacy Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification please visit https://www.privacyshield.gov/.
We may be required to disclose Personal Data that we handle under the Privacy Shield in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
Controlling Your Personal Data & Marketing Communications
If you are Service User, you can modify certain Personal Data or account information by logging in and accessing your account. If you wish to close your account, please email our support team at support@clarifai.com. Clarifai will use reasonable efforts to deactivate your account and the related information at your request as soon as reasonably possible. If you wish for further deletion of your Personal Data, you will need to clearly state that you are requesting deletion of all of your Personal Data, and not just deletion of your account. Please note, however, that Clarifai reserves the right to retain information from deactivated or deleted accounts, including to comply with law, prevent fraud, resolve disputes, enforce the Agreement and take other actions permitted by law.
You can also opt-out of marketing communications at any time by clicking on the "opt-out" or “Manage Preferences” link in the email communication or by emailing us at privacy@clarifai.com.
You must promptly notify us if any of your account data is lost, stolen or used without permission.
We retain Personal Data about you for as long as you have an open account with us or as otherwise necessary to provide Services to you or the Service User that provided us with your Personal Data. In some cases we retain Personal Data for longer, for example if we retain your Personal Data to train our models and algorithms, to improve our Services, or if doing so is necessary to comply with our legal obligations, resolve disputes or collect fees owed, and as otherwise permitted or required by applicable law, rule or regulation, or if you or the Service User that provided us with your Personal Data have given us express consent to retain Personal Data for longer. We may also further retain information in an anonymous or aggregated form where that information would not identify you personally.
We’re constantly trying to improve our Services, so we may need to change this Privacy Policy from time to time as well, but we will alert you to any material changes by placing a notice on the https://www.clarifai.com/ website, by sending you an email, and/or by some other means. Please note that if you’ve opted not to receive legal notice emails from us (or you haven’t provided us with your email address), those legal notices will still govern your use of the Services, and you are still responsible for reading and understanding them. If you use the Services after any changes to the Privacy Policy have been posted, then your use of the Services is subject to the Privacy Policy in effect at the time.
If you need to reach our Data Protection Officer or have any questions or comments about this Privacy Policy, the ways in which we collect and use your Personal Data, or your choices and rights regarding such use, please do not hesitate to contact us at:
Email: privacy@clarifai.com
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