Privacy Policy

1. Scope and Overview

This Privacy Policy explains how The Garden in the Machine, Inc. (“TGITM”, “we”, “us”, or “our”) collects, uses, discloses, and safeguards information when you interact with the emergentic.ai website, platform, hosted APIs, mobile or desktop applications, communities, and related online services (collectively, the “Services”). It covers personal data handling for individuals located worldwide, including residents of the European Economic Area (EEA), United Kingdom, Switzerland, Canada, Brazil, Australia, and the United States (with additional disclosures for California residents).

Last updated: February 14, 2025

TGITM acts as the controller of personal data collected through the Services. When we process data on behalf of enterprise customers, we do so under a Data Processing Addendum (“DPA”) and act as a processor. Capitalized terms that are not defined in this Privacy Policy have the meanings provided in our Terms of Service.

2. Information We Collect

We collect information in the following ways. Examples are illustrative and may vary depending on how you use the Services.

Information you provide

  • Account and contact data: name, username, email, password, multi-factor authentication details, profile photo, billing address, company affiliation, preferred pronouns, and communication preferences.
  • Transactional data: subscription tier, payment or invoicing records (processed by PCI-compliant vendors such as Stripe), tax IDs, service usage details, and customer support interactions.
  • Inputs and content: prompts, code, datasets, audio uploads, feedback, labels, or any other material you submit to create, test, or deploy AI agents along with metadata you associate with such content.
  • Communications: survey responses, event registrations, bug reports, feature requests, and marketing preferences.

Information collected automatically

  • Usage and device data: log files, diagnostics, timestamps, requested URLs, browser type, language, operating system, device identifiers, referrer URLs, and actions taken within the platform or APIs.
  • Approximate location: derived from IP address or device locale to enforce regional requirements, localization, and fraud prevention.
  • Cookies and tracking technologies: we use strictly necessary cookies plus analytics (e.g., first-party analytics), performance, and advertising cookies where permitted. You can manage preferences through the cookie banner or browser settings.

Information from third parties

  • Enterprise customers & partners: contact details, role information, and audit logs supplied by your organization.
  • Authentication providers: If you sign in through SSO, OAuth, or identity providers, we receive identifiers necessary to create or link your account.
  • Vendors and public sources: verification data, anti-fraud signals, professional information, and publicly available content for safety research or benchmarking, collected in line with applicable law.

3. How We Use Information

  • Provide, maintain, secure, and troubleshoot the Services.
  • Authenticate logins, personalize dashboards, and process transactions.
  • Operate AI/ML models, generate Outputs, and improve model quality, unless you disable data sharing or have a separate DPA restricting such use.
  • Develop new features, conduct research, and perform analytics.
  • Monitor compliance with our Terms of Service, Prohibited Use Policy, and trust & safety standards; investigate suspected abuse or security incidents.
  • Communicate important updates, respond to inquiries, provide customer support, and send marketing communications (you may opt out at any time).
  • Comply with legal obligations, resolve disputes, enforce agreements, and protect our users and the public.

For individuals in the EEA, UK, or Switzerland, we rely on the following legal bases: (a) performance of a contract; (b) legitimate interests (e.g., securing and improving the Services); (c) compliance with legal obligations; and (d) consent where required (such as for certain marketing or cookies). You may withdraw consent at any time without affecting earlier processing.

4. How We Share Information

We do not sell personal data. We may disclose information with:

  • Service providers and subprocessors that support hosting, storage, analytics, communications, payments, security, incident response, and professional services, bound by contractual confidentiality, data protection, and security obligations.
  • Enterprise customers when your account is provisioned or administered by your employer or another organization, consistent with their policies.
  • Legal, regulatory, and safety authorities when required by law, subpoena, court order, or to protect rights, safety, or property of our users, TGITM, or others.
  • Corporate transactions such as a merger, acquisition, financing, or sale of assets. We will continue to protect personal data consistent with this policy and notify you of any material changes.

We may disclose de-identified or aggregated data that no longer reasonably identifies you.

5. International Transfers

TGITM is headquartered in the United States. When transferring personal data from the EEA, UK, or Switzerland to countries without an adequacy decision, we rely on appropriate safeguards such as Standard Contractual Clauses, the UK International Data Transfer Addendum, or other legally recognized transfer mechanisms. We implement technical and organizational measures to protect data regardless of where it is processed.

6. Data Security and Retention

We maintain administrative, technical, and physical safeguards (including encryption in transit and at rest, access controls, logging, and regular testing) designed to protect personal data. However, no method of transmission or storage is completely secure, and we cannot guarantee absolute security. We retain personal data for as long as needed to fulfill the purposes outlined in this policy, comply with legal obligations, resolve disputes, enforce agreements, or as required under enterprise contracts. When data is no longer required, we delete or de-identify it consistent with applicable law and internal policies.

If we become aware of unauthorized access to personal data, we will notify affected individuals and regulators as required by law and in accordance with our incident response procedures.

7. Your Privacy Choices & Rights

Global rights

Depending on your location, you may have the right to access, correct, delete, restrict, object to, or port personal data, withdraw consent, and lodge a complaint with your supervisory authority. Use your account settings or the emergentic.ai Help Center to exercise these rights. We may verify your identity before responding and may deny requests as permitted by law.

EEA/UK/Swiss individuals

You have the rights listed above under GDPR and UK GDPR. You may lodge complaints with your local supervisory authority (for example, the Irish Data Protection Commission or the UK Information Commissioner’s Office) if you believe our processing violates applicable law. We will respond within one month, or notify you if additional time is needed.

California residents

Under the California Consumer Privacy Act (CCPA/CPRA), you have rights to know, access, correct, delete, and restrict the sale or sharing of personal information, and to limit the use of sensitive personal information. We do not knowingly sell personal data, but we may share identifiers (such as IP addresses) with analytics or advertising partners, which you can opt out of via the “Do Not Sell or Share” link in the cookie banner or by submitting a request through the emergentic.ai Help Center. You may designate an authorized agent to submit a request on your behalf. We will not discriminate against you for exercising your rights. Additional details appear in our dedicated CCPA Notice at Collection.

Opting out of model training or marketing

Where available, you can disable data sharing for model improvement within your workspace settings or by contacting us. Marketing emails include an unsubscribe link, and you may also adjust notification preferences in your account.

8. Cookies and Similar Technologies

We use cookies, pixels, SDKs, and local storage to enable essential functionality (authentication, fraud prevention, security), understand how the Services are used, remember preferences, and deliver relevant content. Where required, we request consent before placing non-essential cookies. You can manage cookies through the banner, browser settings, or device controls. Disabling cookies may limit certain features. For more details, please review the cookie settings available within the product footer.

9. Children’s Privacy

The Services are intended for users aged 18 and older. We do not knowingly collect personal data from anyone under 16 (or older where required by local law). If you believe a minor has provided us information, please contact us so we can delete the data. Educators or researchers who need access for younger audiences must have a separate written agreement with TGITM that includes appropriate safeguards.

10. Changes to This Policy

We may update this Privacy Policy to reflect operational, legal, or regulatory changes. When we make material updates, we will notify you via email, in-product notice, or other reasonable means and update the “Last updated” date. Continued use of the Services after the effective date constitutes acceptance of the revised policy.

11. Contact

For questions, requests, or complaints about this Privacy Policy or our data practices, contact:

Please submit any privacy-related questions or requests through the emergentic.ai Help Center or in-product support workflows.