Privacy Policy

Hex42 Ventures LLC (the “Company,” “we,” “our,” or “us”) respect your privacy and are committed to protecting it through our compliance with this policy. This policy describes how we collect, process, retain, and disclose personal data about you when providing services to you through our websites, applications, and services that link to this policy (our “Services”) and our practices for using, maintaining, protecting, and disclosing that information.

This policy applies only to information we collect:

• Through the Services.
• In communications, including email, text, chat, and other electronic messages, between you and the Services.

It does not apply to information collected by:

• Us offline or through any other means, including on any other website operated by the Company or any third party that does not link to this policy; or
• Any third party, including through any application or content (including advertising) that may link to or be accessible from or through the Services.

We may provide additional or different privacy policies that are specific to certain features, services, or activities.

Please read this policy carefully to understand our policies and practices regarding your information and how we treat it. By interacting with our Services or providing us with your information, you agree to the collection, use, and sharing of your information as described in this privacy policy. This policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of the Services after we make changes as described here is deemed to be acceptance of those changes, so please check the policy periodically for updates.

Children’s and Minors’ Data

Our Services are not intended for, and we do not knowingly collect any personal data from, children under the age of 18. If we learn we have collected or received personal data from a child under 18 years old without verification of parental consent, we will delete that information.

The Personal Data That We Collect or Process

“Personal data” is information that identifies, relates to, or describes, directly or indirectly, you as an individual, such as your name, email address, or payment information.

The types and categories of personal data that we collect or process include:

• Account and contact information, including name, email address, username, and other contact information you provide us.
• Payment information, including credit card or debit card information and information about the payment methods and services you use in connection with the Services. Payments are processed by third-party payment providers. We do not receive full payment card number, payment card expiration date, or security code. Our payment provider provides us with a “token” that represents your account, your payment card’s expiration date, payment card type, and the first six and last four digits of your payment card number.
• Account history, including information about your subscription, account, transactions, purchases, order history, or discounts.
• Location information, including general geographic location such as country, state or province, or city.
• Device information, including your IP address, device identifiers, operating system and version, preferred language, hardware identifiers, browser type and settings, and other device information.
• Content and information you elect to provide, including your profile information, reviews, and any messages, chats, or other interactions through the Services (including conversations with AI Characters).
• Images and video you upload or generate, including photos, reference images, AI-generated images or animations, and other media you choose to create or store through the Services. These files are processed to provide the features you request, such as generating visuals or maintaining a private media library. Images and video remain private to you unless you intentionally publish or share them.
• Authentication information received from third-party sign-in providers, such as Google, which may include your name, email address, and public profile information.
• Age confirmation information, including your self-reported confirmation that you are 18 years of age or older and, where required by applicable law, a verification result from our third-party age-verification provider indicating whether you meet the minimum age requirements. We do not collect or store your date of birth or government identification numbers unless required by law, and we do not use age-confirmation information for profiling or targeted advertising.

If you are a California resident, to access our supplemental California privacy statement, visit the CCPA privacy notice for California Residents.

Some of the information identified above may be considered sensitive data under certain laws. For example, when using the Services you may choose to share information that reveals sexual preferences, fantasies, or relationship information. We do not intentionally solicit this type of information. If you disclose such information, we process it only as necessary to provide the Services, ensure safety and moderation, and comply with applicable law. Where required under applicable law, we will collect and process sensitive personal data only with your consent. If you choose not to provide or allow us to collect certain information, we may not be able to provide you with requested features, services, or information.

We also collect:

• Statistics or aggregated information. Statistical or aggregated data does not directly identify a specific person, but we may derive non-personal statistical or aggregated data from personal data. For example, we may aggregate personal data to calculate the percentage of users accessing a specific Services feature.
• Technical information. Technical information includes information about your internet connection and usage details about your interactions with the Services, such as clickstream information to, through, and from our Services (including date and time), products that you view or search for; page response times, download errors, length of your visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), or methods used to browse away from a page.

If we combine or connect non-personal statistical or technical data with personal data so that it directly or indirectly identifies an individual, we treat the combined information as personal information.

How We Collect Your Personal and Other Data

You Provide Information to Us

We collect information about you when you interact with our Services, such as when you create or update an account, place an order, subscribe, make a purchase or request, or create, upload, or post content to the Services, including media such as photos, videos, or audio recordings.

Automatically Through Our Services

As you navigate through and interact with our Services, we may use automatic data collection technologies to collect information that may include personal data. Information collected automatically may include usage details, IP addresses, operating system, and browser type, and information collected through cookies and web beacons, including details of your interactions with our Services, such as traffic data, location data, logs, and other communication data, and which resources and Services features that you access and use.

Using automatic collection technologies helps us to improve our Services and to deliver a better and more personalized experience.

The technologies we use for this automatic data collection may include:

• Cookies. A cookie is a small file placed on your device when you interact with the Services. You may refuse to accept or disable cookies by activating the appropriate setting on your browser or device. However, if you select this setting, you may be unable to access certain features of the Services. Where required by law (for example, under the GDPR and ePrivacy Directive), we will obtain your consent before placing non-essential cookies or similar technologies on your device. You may withdraw your consent at any time by adjusting your cookie preferences through the cookie banner or settings tool available on the Services. Essential cookies, which are necessary for the operation of the Services, cannot be disabled.
• Web Beacons. Some parts of the Services and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those parts or opened an email and for other related statistics (for example, recording the popularity of certain content and verifying system and server integrity).

To the extent any of these automated technologies are considered a personal data sale, targeted advertising, or profiling, under applicable laws, depending on where you live, you may opt out from use of these automated technologies for those uses by emailing us at [email protected]. Please note that some Services features may be unavailable as a result.

When you interact with the Services, there are third parties that may use automatic collection technologies to collect information about you or your device. These third parties may include:

• Analytics companies.
• Your internet or mobile service provider.
• Fraud prevention and security vendors.
• Age and identity verification providers.
• Third-party sign-in providers.

These third parties may use tracking technologies to collect information about you when you use the Services. The information they collect may be associated with your personal data or they may collect information, including personal data, about your online activities over time and across different websites, apps, platforms, and other online services. These third parties may use automatic collection technologies to provide analytics, security, fraud-prevention, or operational support for the Services. They are not permitted to use information collected through the Services for interest-based or behavioral advertising, and we do not allow third-party advertising networks to collect data about you on the Services.

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

From Business Partners and Service Providers

We may receive personal data about you from other sources and combine that with information we collect directly from you. For example, we may obtain information about you from service providers that we engage to perform services on our behalf, such as email platform providers, content delivery services, payment processors, age verification providers, customer support and helpdesk providers, third-party authentication providers (such as Google, if you chose to sign in using your account with those platforms), affiliate and referral tracking platforms, and analytics, security, and anti-fraud services.

How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal data, to:

• Provide you with the Services and any contents, features, information, products, or services that we make available through the Services.
• Fulfill and manage subscriptions, purchases, and payments.
• Fulfill any other purpose for which you provide it.
• Provide you with notices about your account, including expiration and renewal notices.
• Improve our Services, including by analyzing your information and creating aggregated data derived from your information to develop, maintain, analyze, improve, optimize, measure, and report on our Services and their features and how users interact with them. Our analysis may use machine learning or automated tools for operational purposes, but we do not use your private chats, NSFW content, images, voice data, or other personal information to train third-party or general-purpose AI models.
• Carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
• Notify you when Services updates are available and about changes to any products or services we offer or provide through them.
• Detect, investigate, and prevent fraudulent, harmful, or unauthorized activity on the Services, including monitoring for violations of our Terms of Service.
• Verify your age and identity where required by law.
• Authenticate your account and allow you to log in using third-party services such as Google.
• Respond to your inquiries, support requests, and disputes, and provide customer service.
• Respond to lawful requests from public authorities, including to meet national security or law enforcement requirements.
• Report suspected illegal activity or content to law enforcement or appropriate organizations such as the National Center for Missing & Exploited Children (NCMEC), in accordance with applicable laws.
• In any other way we may describe when you provide the information.
• For any other purpose with your consent.

When you interact with an AI Character on the Services, your chats and other inputs are processed by automated systems to generate responses. AI Characters are fictional and not real persons. We log chats to deliver the Services, provide safety and moderation, and improve system performance. We do not share your chats with third parties. Where we use aggregated or anonymized data to improve our models or services, it cannot reasonably be linked back to you.

The usage information we collect, whether connected to your personal data or not, helps us improve our Services and deliver a better and more personalized experience by enabling us to:

• Estimate our audience sizes and usage patterns.
• Store information about your preferences, allowing us to customize the Services according to your individual needs and interests.
• Speed up your searches.
• Recognize you when you return to our Services.

We may also use your information to contact you about goods and services that may be of interest to you. If you do not want us to use your information in this way, please adjust your user preferences in your account profile.

We use location information we collect to determine whether you are accessing the platform from a jurisdiction that requires age verification, to comply with applicable laws and regulations, to detect and prevent fraud, and to enforce our Terms of Service.

Who We Disclose Your Information To

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We may also disclose personal data that we collect or you provide as described in this privacy policy:

• To our subsidiaries and affiliates.
• To contractors, service providers, and other third parties we use to support our organization and who are bound by contractual obligations to keep personal data confidential and use it only for the purposes for which we disclose it to them.
• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Hex42 Ventures LLC’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal data held by Hex42 Ventures LLC is among the assets transferred.
• To fulfill the purpose for which you provide it.
• For any other purpose disclosed by us when you provide the information.
• With your consent.

We may also disclose your personal data:

• To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
• To enforce or apply our Terms of Service and other agreements, including for billing and collection purposes.
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of our organization, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

International Data Transfers

We are based in Panama. As a result, your personal data may be processed, stored, or transferred in countries outside of your country of residence, including jurisdictions that may not provide the same level of data protection as your home country.

If you are located in Canada, please note that personal data transferred outside Canada may be accessible to foreign law enforcement or other authorities under the laws of those jurisdictions.

If you are located in the European Economic Area (EEA), Switzerland, or the United Kingdom (UK), your personal data may be transferred to countries outside those regions, including the United States. Where required by law, we implement safeguards to ensure your information receives an adequate level of protection. These safeguards may include the use of Standard Contractual Clauses approved by the European Commission, the UK International Data Transfer Agreement (IDTA) or Addendum, or the Swiss Addendum to the Standard Contractual Clauses. For more information about these safeguards, please contact us at [email protected].

Your Rights and Choices About Your Information

• Cookies and Other Tracking Technologies. You can set your browser to refuse all or some browser cookies or other tracking technology files, or to alert you when these files are being sent. If you disable or refuse cookies or similar tracking files, some Services features may be inaccessible or not function properly. Some browsers include a “Do Not Track” (DNT) setting. Our Services may not respond to all browser DNT signals. Instead, you can use the range of other tools to control data collection and use. Where we rely on your consent for the use of non-essential cookies or similar technologies, you may withdraw that consent at any time.
• Promotions by the Company. If you do not wish us to use your information to promote our own products or services, you can opt out by clicking the unsubscribe button at the bottom of the email. You can also opt out by logging into your account and adjusting your account settings and preferences or sending us an email stating your request to [email protected].

Jurisdiction Specific Rights

Your U.S. State Privacy Rights

Depending on your state of residency, you may have certain rights related to your personal data, including:

• Access and Data Portability. You may confirm whether we process your personal data and access a copy of the personal data we process. To the extent feasible and required by state law, data will be provided in a portable format.
• Correction. You may request that we correct inaccuracies in your personal data that we maintain.
• Deletion. You may request that we delete personal data about you that we maintain, subject to certain exceptions under applicable law.
• Opt Out. You may request that we do not use your personal data for targeted advertising, profiling, and sales.

To exercise any of these rights, please email us at [email protected]. To appeal a decision regarding a consumer rights request you may reply to our response email and state the basis for your appeal.

Some browsers and browser extensions support the Global Privacy Control (“GPC”) that can send a signal to process your request to opt out from certain types of data processing. When we detect such a signal, we will make reasonable efforts to respect your choices as required by applicable law.

Nevada provides its residents with a limited right to opt out of certain personal data sales. Residents who wish to exercise their sale opt-out rights may submit a request to [email protected]. However, please know we do not currently sell data triggering that statute’s opt-out requirements.

If you are a California resident, additional information applies to you. To access our supplemental California privacy statement and learn more about California residents’ privacy rights, visit the CCPA privacy notice for California Residents.

Your EEA/UK Privacy Rights and Disclosures

If you live in the EEA or the UK, the following terms apply to you.

Controller

Hex42 Ventures LLC is the controller and is responsible for your personal data. You can contact us using the contact information at the end of this policy.

Lawful Basis for Processing Personal Data

We will only use your personal data when we have a lawful basis to do so. Most commonly, we will use your personal data in the following circumstances:

• Consent. Where you have freely consented before the processing in a specific, informed and unambiguous indication of what you want. You can withdraw your consent at any time.
• Performance of a contract. Where we need to process your personal data to perform a contract with you or where you ask us to take steps before we enter into a contract with you.
• Legitimate interests. Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
• Legal obligation. Where we need to use your personal data to comply with a legal or regulatory obligation.

Automated Decision Making and Profiling

Other than the personalization activities described above, we do not make decisions based solely on automated processing or profiling that produce legal effects concerning you.

Criminal Offense Data and Special Category Data

We do not actively collect data relating to criminal convictions or offenses. However, we may process and disclose personal data when required to comply with legal obligations, such as reporting suspected child exploitation or unlawful content to law enforcement or child protection authorities, including NCMEC.

Special Categories of Personal Data

We do not ask you to provide, nor do we require you to disclose, real-world “special categories” of personal data as defined under the GDPR. Because our Services include adult and NSFW features designed for consenting adults, you may choose to provide content that contains or relates to sexual themes. We process this information only as necessary to provide the Services you request. We do not use this content to infer or assign any real-world sexual orientation, sex-life attributes, or other protected characteristics about you.

Your Legal Rights

Under certain circumstances, you have rights under data protection laws concerning your personal data:

• Request access to your personal data.
• Request correction of your personal data.
• Request erasure of your personal data.
• Object to processing of your personal data.
• Request restriction of processing.
• Request the transfer of your personal data.
• Withdraw consent at any time.

Exercising Your Legal Rights

If you wish to exercise any of the rights set out above, please contact us at [email protected].

Fees

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive, or excessive.

Verification

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data.

Responding to Your Request

We try to respond to all legitimate requests within one month. If your request is complex, we will let you know and keep you updated.

Right to Lodge Complaint

If you believe our data processing practices violate your rights under the EU or UK GDPR, you may lodge a complaint with the supervisory authority in your country of residence or work.

How We Protect Your Personal Data

We use commercially reasonable administrative, physical, and technical measures designed to protect your personal data from accidental loss or destruction and from unauthorized access, use, alteration, and disclosure. However, no website, mobile application, system, electronic storage, or online service is completely secure, and we cannot guarantee the security of your personal data. Any transmission of personal data is at your own risk.

The safety and security of your information also depends on you. You are responsible for taking steps to protect your personal data against unauthorized use, disclosure, and access.

How We Retain Your Personal Data

We keep the categories of personal data described in this policy for as long as reasonably necessary to fulfill the purposes described or for as otherwise legally permitted or required. At the end of the retention period, personal data will be deleted, destroyed, or deidentified.

If you are a California resident, visit the CCPA privacy notice for California Residents for more information about the retention periods that apply to the personal data categories we collect.

Changes to Our Privacy Policy

We may update this policy from time to time. The date the privacy policy was last updated is identified at the top of the page. We will notify you of changes to this policy by updating the “last updated” date and posting the updated policy on the Services.

Contact Information

To exercise your rights or ask questions or comment about this privacy policy or our privacy practices, contact us at: [email protected].

We have procedures in place to receive and respond to complaints or inquiries about our handling of personal data, our compliance with this policy, and with applicable privacy laws. To discuss our compliance with this policy please contact our privacy officer using the email address listed above.

EU and UK Representatives

Under article 27 of the EU and UK GDPR, our representatives in the EU and the UK are: [To be provided]