Privacy Policy

This Privacy Policy ("Policy") explains how Nightshade Labs ("Nightshade Labs", "we", "our", or "us") processes Personal Data (defined below) of individuals who access or use our website or Services (jointly referred to as the "Services" for purposes of this Policy) or otherwise engage with Nightshade Labs.

This Policy also explains your rights and choices about how we use your Personal Data, including how you may be able to access or update certain information about you. Where processing is based on consent, and to the extent permitted by law, by using the Services or otherwise engaging with Nightshade Labs, you consent to the use of your Personal Data as described in this Policy.

1. Definitions; Scope

(a) Definitions. In this Policy, "Personal Data" means any information relating to an identified or identifiable individual, such as an individual's name, address, telephone number, or email address. In certain jurisdictions, this may also be referred to as "Personal Information." Other capitalized terms not defined herein shall have the meanings ascribed to them in our Terms of Service.

(b) Scope. This Policy applies only for instances in which Nightshade Labs acts as a responsible party (i.e. data controller) under applicable laws, including where Nightshade Labs provides Services to individual users. This Policy does not apply when we offer our Services and process Personal Data on behalf of enterprise/business customers.

2. Categories of Personal Data We Collect

(a) Personal Data You Provide to Us

• Account & Contact Details. When you set up an account to use our Services, we may ask you to provide your contact and other account-related details such as your name, email address, and your account and contact preferences.
• Services Input & Output. We process your Input (which may include text, images, video, audio, or other content) and Output and any other information you provide in connection with your use of the Services, including any Personal Information contained therein.
• Profile Information. When you sign up for our Services, you may indicate how you intend to use the Services. Certain profile information you provide may be viewable by other users of our Services.
• Feedback/Communications. If you contact us directly, express interest in using our Services, or otherwise provide us with feedback, we collect Personal Data including your name, email address, the contents of a message and attachments that you may send to us, and other information you choose to provide.
• Payment Details. When you register to use any of our paid Services, our third-party payment processor collects and processes your payment-related information, such as your name, email, billing address, and credit/debit card or banking information.
• Verification Information. As permissible by applicable law, we may ask you to provide verification of your age or identity to use our Services.

(b) Personal Data We May Otherwise Collect From You and/or Your Device

• Information from Cookies and Similar Technologies. We and our third-party partners may collect information about you using cookies, pixel tags, or similar technologies ("Cookies"). Categories of information we may collect include:
  • Location Information. When you use our Services, we infer your general location information, for example by using your internet protocol (IP) address.
  • Device Information. We receive information about the device and software you use to access our Services, including IP address, web browser type, operating system version, device identifiers, and mobile advertising identifiers.
  • Usage Information. We receive information about your interactions with our Services, the content you view, the actions you take, the features with which you interact, and the dates and times of your visits.

(c) Personal Data We Collect from Third Parties

• Third-Party Logins. If you choose to register or log in to our Services using your account with third parties, we receive Personal Data about you from such third parties, such as your name, email address, username, and profile picture.
• Information from Service Providers. We may receive information from third-party service providers that are authorized to share your Personal Data with us.

3. Purposes of Processing Personal Data

We process your Personal Data for the following purposes:

4. Data Recipients

Your Personal Data may be shared with:

• Affiliates. We may share any Personal Data we receive with our current or future affiliates for any of the purposes described in this Privacy Policy.
• Vendors and Service Providers. We may share your Personal Data with third-party vendors and service providers who provide services such as website hosting, data analysis, advertising, information technology, customer service, email delivery, auditing, and payment processing.
• As Required By Law. We may access, preserve, and disclose your Personal Data with law enforcement agencies, regulatory bodies, and public authorities if we believe doing so is required or appropriate to (a) comply with law enforcement requests and legal process, such as a court order or subpoena; or (b) protect your, our, or others' rights, property, or safety.
• Merger, Sale, or Other Asset Transfers. We may disclose your Personal Data to service providers, advisors, potential transactional partners, or other third parties in connection with the consideration, negotiation, or completion of a corporate transaction in which we are acquired by or merged with another company, or we sell, liquidate, or transfer all or a portion of our assets.

5. International Data Transfers

We maintain hosting and/or server locations in the United States and other jurisdictions. This means we may transfer your Personal Data outside your country, state, or province of residence. Regardless of your location, all Personal Data will be transferred to the United States for storage.

Depending on where you reside, we apply appropriate protections when we transfer your Personal Data outside of your country of residence. These protections may include:

• Transferring Personal Data to countries which have been found to provide adequate protection by the competent authorities;
• Using contractual protections (i.e., Standard Contractual Clauses) for the transfer of Personal Data; or
• Obtaining your express consent.

6. Data Retention

We take measures to delete your Personal Data or keep it in a form that does not permit identifying you when this information is no longer necessary for the purposes for which we process it, unless we are required or permitted by law to keep this information for a longer period. When determining the specific retention period, we consider various factors, such as the type of service provided to you, the nature and length of our relationship with you, and mandatory retention periods provided by law.

7. Your Cookie Choices

Cookies, pixel tags, or similar technologies are used to collect information about users and their activities on a website. We and our third-party partners may collect information about you using Cookies to collect information about your online activities over time and across different services.

Cookies we or our third-party partners place may fall under one of the following purposes:

• Strictly Necessary Cookies. Cookies that are essential to make our Services available to you, for example, to provide login functionality or to identify bots. These cookies cannot be disabled.
• Performance & Analytics Cookies. Cookies for website and app analytics purposes to support operation, maintenance, and improvement of our Services.
• Targeting & Marketing Cookies. Cookies that support us and our advertisers in serving relevant advertising on our sites as well as third-party sites to promote our services.

You can manage cookie preferences through your browser settings. Please note that if you choose to block all cookies, doing so may impair the use of our Services.

8. Your Rights

Depending on where you are located or reside, you may have certain rights regarding the Personal Data we maintain about you. Such rights may include:

• Access Your Personal Data: Receive confirmation of processing and request access to the Personal Data we maintain about you.
• Correct Your Personal Data: Request to update and correct inaccuracies in your Personal Data.
• Delete Your Account: Request to close your account through your account settings.
• Delete Your Personal Data: Request that Nightshade Labs delete all Personal Data we maintain about you.
• Restrict or Object To Processing: Restrict or object to the processing of your Personal Data, where applicable.
• Request Portability: Request to transfer your Personal Data to another authorized organization.
• Withdraw Consent: You may withdraw any consent you previously provided to us regarding the processing of your Personal Data at any time.
• Opt-out of Training: You may opt out of our use of your Personal Data for AI model training at any time by contacting us.
• Unsubscribe from Marketing: You may unsubscribe from receiving marketing communications at any time by following the instructions contained within the email.

You may exercise these rights by contacting us at legal@nightshadelabs.ai. Before fulfilling your request, we may ask you to provide reasonable information to verify your identity and/or residence.

United States Residents

Residents of certain U.S. states, including California, Connecticut, Colorado, Utah, Virginia, Oregon, Montana, or Texas, have additional privacy rights regarding their Personal Information. You can opt out of the sale of your Personal Information, including the sharing of your Personal Information for targeted or cross-contextual behavioral advertising, by adjusting your cookie settings.

9. Third Parties

Our Services may contain links to other websites, products, or services that we do not own or operate. We are not responsible for the privacy practices of these third parties. Please be aware that this Privacy Policy does not apply to your activities on these third-party services or any information you disclose to these third parties. We encourage you to read their privacy policies before providing any information to them.

10. Security

We implement reasonable security measures to secure and protect your Personal Data. We note that, as no electronic transmission or storage of information can be entirely secure, we can make no guarantees as to the security or privacy of your information, to the extent permitted by applicable law.

11. Children's Privacy

Our Services are not intended for or directed at children under the age of 18 and Nightshade Labs does not knowingly collect, store, or process Personal Data from children under the age of 18. If you are under the age of 18, you are not permitted to submit any Personal Data to us for any Service. If we become aware that we have inadvertently received Personal Data from a child under the age of 18, we will delete that information from our records.

12. Updates to this Policy

We may periodically update this Policy. If there are significant changes, we will notify you as required by law.

13. Contact Us

For any questions regarding this Policy or our processing of your Personal Data, please contact us at legal@nightshadelabs.ai.