Privacy Policy

Introduction

MarketGarden.AI is a platform that allows users to create media using digital avatars and distribute/display that media through our content delivery network. We prioritize user privacy and ensure that the information collected is used in accordance with applicable laws.

MarketGarden.AI, operated by American Market Garden LLC, collects, uses, and discloses personal information when users interact with our websites and use our services. The personal information collected is subject to this Privacy Policy, and by using our services, users agree to the collection, use, and disclosure of our information as described in this policy.

MarketGarden.AI acts as the data controller for the personal information collected. We collect and use personal information in ways that are consistent with users' rights and obligations under applicable laws. The information collected may include data such as names, email addresses, and other contact information. MarketGarden.AI uses this information to provide and improve our services, communicate with users, and personalize our experience.

MarketGarden.AI takes steps to protect user privacy and offers transparency in our generative AI features. We have implemented privacy mitigations through our privacy review process and external engagements to ensure the protection of user information

By using MarketGarden.AI's services, users agree to the terms outlined in the Privacy Policy. If users disagree with the Privacy Policy, they must discontinue using the services.

Policy Coverage

This Privacy Policy specifically pertains to the collection and processing of information about users of the Services provided by MarketGarden.AI. It applies to individuals who access and use the Services on behalf of healthcare professionals, medical practices, hospitals, or similar entities. However, it does not encompass the collection and processing of information related to customers of MarketGarden.AI's enterprise offerings, as those are governed by distinct customer agreements. If you have any inquiries about the use of information by our enterprise business partners, we recommend reaching out directly to the relevant business.

This Privacy Policy does not extend to websites or platforms operated by third parties that may be linked to our Site, whether those links are provided by us or shared by other users. Additionally, it does not apply to content, data, applications, or materials from third parties, including other users. MarketGarden.AI cannot be held responsible for the privacy or security practices of such sites or platforms, nor for the accuracy, completeness, or reliability of materials provided by third parties. We have no control over how your information is collected, stored, or used by other websites. It is advisable to review the privacy policies of any third-party website or platform before sharing any personal information with them. Please note that including links to third-party websites or platforms does not imply endorsement of their content, owners, or operators.

Information We Collect

At MarketGarden.AI, we gather various information about our users from different sources. This section outlines the types of information we collect and how they are obtained:

Certain features of our Services may require you to directly provide us with information. While it is optional to provide this information, please note that not doing so may limit your access to and use of these features. Depending on your usage of our Services, we may collect the following information:

Account and contact information: When you create an account, we collect your name, email address, and account password. Additionally, we may collect other details associated with your account, such as your phone number and business/company name. Payment information and transaction history may also be collected.

User Input: When using our Services, we collect personal information included in the text, voice, scripts, images, videos, and other Input (as defined in our Terms) you provide to generate videos, avatars, and other types of output. This includes metadata associated with the Input. It's important to note that the information used for this process is not used to identify you personally but rather to create and personalize avatars. We may also share this Input with our vendors who assist us in providing the Services.

Communications information: During communications with us, either through the "Contact Sales" page or via our online chatbot, we collect your name, email address, and any other information you provide.

At MarketGarden.AI, we automatically collect certain information about your interactions with our Services, which we refer to as "Usage Data." This information is gathered through various technologies such as cookies, web beacons, and other similar methods. The following types of information are included in the Usage Data:

Device information: This includes details about the type of device you are using, the operating system it runs on, the unique device identifier, and your IP address.

Location information: We may collect approximate location data based on your IP address.

Other interaction information: This category encompasses details about your engagement with our Services, such as your operating system, browser type, date and time stamps, and clickstream data. Clickstream data includes information about the content you view or engage with, the features you use, and other actions you take on our Services. It also includes the site you exit to.

For more information on how we utilize Tracking Technologies and the choices available to you, please refer to the "Tracking and Cookies" section below.

At MarketGarden.AI, we may acquire information about you from external sources, which include but are not limited to:

Integration partners: When you link MarketGarden with an integration service, we may receive information from that service.

Login integrations: If you choose to access our Services through a login integration or a Single Sign-On service, we may receive information related to your account from that integration.

Social media platforms: When you engage with us on social media platforms such as YouTube, TikTok, or Instagram, we may receive information from those platforms.

Data Sharing

We only disclose your personal information as described in this Privacy Policy. Unless otherwise described, we will never sell your personal information to anyone for monetary consideration. You are in control of your personal information at all times.

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In certain circumstances, we may disclose your personal information to third parties for the purposes described in this Privacy Policy, including:

Vendors and Service Providers. We may contract with third parties who help us provide the Services, including for payment processing, cloud storage, chatbot operation, voice transcriptions, image/video generation, system administration, security, customer relationship management, delivery of goods, search engine facilities, data analytics, advertising, and marketing. In some cases, these third parties may require access to some or all of your information. We will take all reasonable steps to ensure that your information will be handled safely and securely.

With direction or consent. We may also disclose information to third parties, including other users of the Services, when you request, direct or consent to us doing so, such as when you make output or other content available to others, through your use of login integrations and social media widgets or with your consent.

Affiliates. We may disclose information to our affiliates or others within our corporate group.

Legal reasons. In certain circumstances, we may be legally required to share certain data held by us, which may include your personal information, for example, where we are involved in legal proceedings or where we are cooperating or complying with the requirements of legislation, a court order, a governmental authority or law enforcement. We may also disclose information to comply with applicable law, to enforce our contractual arrangements and policies, or protect or defend the Services, our rights and the rights of our users or others.

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We may also compile statistics about the use of our Site, including data on traffic, usage patterns, user numbers, sales, and other information. All such data will be anonymized and will not include any personally identifying information. We may occasionally share such data with third parties, such as prospective investors, affiliates, partners, and advertisers. Data will only be shared and used within the bounds of the law.

Sale of Business or Reorganization

At MarketGarden.AI, we may undergo changes in our business operations over time, which could involve the sale or transfer of control of all or part of our business. This could take different forms, including asset sales, mergers, bankruptcy, or other business transactions. In such cases, if your personal information is relevant to the part of our business being transferred, it may be transferred along with that part. The new owner or newly controlled party will be bound by the terms of this Privacy Policy and will be allowed to use the information for the purposes it was originally collected by us.

During such business transactions, we may also disclose personal information to third parties, such as legal advisors involved in the diligence process, who assist with the transaction.

If any of your personal information is going to be transferred in this manner, we will contact you in advance to inform you of the changes and provide you with relevant details.

Tracking and Cookies

At MarketGarden.AI, we utilize various Tracking Technologies on our Site and Services to collect Usage Data. These Tracking Technologies include both first-party Tracking Technologies, which are placed directly by us and used exclusively by us, and third-party Tracking Technologies, which are placed by websites, services, or parties other than us. Some examples of these Tracking Technologies include those provided by Google Analytics, DoubleClick, and Meta.

We employ Tracking Technologies in our legitimate interests to enhance, improve, and customize your experience with our Services. They allow us to run analytics, debug issues, and provide and enhance our products and services. Usage Data may be associated with the device you use to access our Services or the email accounts you use to engage with us. Additionally, we use Tracking Technologies for advertising purposes, such as remarketing and delivering targeted ads. We also analyze and measure the effectiveness of our advertisements. It is important to note that we use cookies on our Site in compliance with current English and EU Cookie Laws. If you are located in the EU or UK, we seek your consent before deploying Tracking Technologies that are not strictly necessary for the Services.

While most browsers accept cookies automatically, you may have the ability to control how your devices permit the use of Tracking Technologies. Although allowing us to use Tracking Technologies is not mandatory, doing so enables us to continuously improve our Services, providing you with a better and more personalized experience.

If you prefer, you can choose to disable or delete cookies in your internet browser at any time. Most internet browsers also offer the option to disable all cookies or only third-party cookies. For more detailed instructions, please consult the help menu in your internet browser or refer to the documentation provided with your device. Please be aware that disabling or deleting cookies may result in certain Services functioning incorrectly, and you may lose saved information that allows you to access our Site more efficiently, including login and personalization settings. While your browser may allow you to transmit a "do not track" or "opt-out preference" signal or utilize other mechanisms for exercising choices regarding the collection of information by Tracking Technologies, it is important to note that our website, like many others, is not designed to respond to such signals.

Storage of Information

At MarketGarden.AI, we are committed to retaining your personal information only for as long as necessary to provide our products and services, as outlined in this Privacy Policy, or as long as we have your permission to retain it. When determining the retention period, we consider various factors, including the need to administer your account, provide the Services, maintain the output and content you have generated, resolve disputes, enforce contractual agreements, prevent harm, promote safety, security, and integrity, and protect ourselves, our rights, property, and products. We regularly conduct reviews to assess whether it is still necessary to retain your information.

If you submit a request to delete your information, we strive to take steps to delete that information within 24 hours of receiving your request, unless we are required or permitted to retain it under applicable law. For additional information regarding your rights, please refer to the "Summary of Your Rights" section below.

Information Security

At MarketGarden.AI, we prioritize data security and have implemented appropriate physical, electronic, and managerial measures to protect your personal information collected through our Site. These measures are designed to safeguard and secure your data.

However, it is important to note that despite our security efforts, transmitting data over the Internet may not be completely secure. We cannot guarantee the absolute security of data collection, transmission, and storage. We encourage you to take suitable precautions when transmitting data to us via the Internet.

Furthermore, if you choose to register an account with us, it is your responsibility to keep your account credentials safe. We strongly recommend that you do not share your access details with anyone. If you suspect that your account has been compromised, please contact us immediately.

Your Rights

At MarketGarden.AI, we strive to provide you with strong control over the use of your personal information when you submit it through our Site. Depending on your jurisdiction, you may have certain rights regarding your personal information. However, it is important to note that these rights are not absolute and may only apply in specific circumstances.

Access: You may have the right to request access to the information we hold about you, including how we use it and who we share it with.

Delete: You may have the right to request the deletion of information we hold about you.

Correct: You may have the right to request the correction of any inaccurate information we maintain about you.

Opt-out of targeted advertising: You may have the right to opt-out of the processing of your information for targeted advertising purposes. For more details, please refer to the "Cookies and Other Tracking Technologies" section above.

Portability: You may have the right to receive a copy of your personal information and request its transfer to a third party.

Restriction of processing to storage only: You may have the right to ask us to stop, suspend, or restrict the processing of your personal information.

Objection: You may have the right to object to our processing of your personal information. Additionally, you can object to marketing at any time by using the unsubscribe/opt-out function provided in our communications.

Withdrawal of consent: If we rely on your consent to process your personal information, you may have the right to withdraw that consent at any time. If you choose to withdraw consent, we will delete your information from our systems, although this may affect our ability to provide you with the best products and services.

To exercise any of these rights, please contact us using the contact details provided in the "Contacting Us" section below.

We will not discriminate against you for exercising any of these rights. We may require additional information, such as your email address or government-issued ID, to verify your identity before processing these requests. You may also authorize an agent to make requests on your behalf, provided they can demonstrate proper authorization. In such cases, we may require proof of authorization and may need you to verify your identity directly with us. If we deny your request, you have the right to appeal our decision by contacting us through the methods described below.

Third-Party Websites

At MarketGarden.AI, we want to emphasize that we are not accountable for the privacy or security of any information, practices, or actions taken by third-party applications, websites, or services that are linked to or accessed through our Service. While we may provide links to third-party websites or platforms, or display content, data, applications, or materials from third parties, it is important to note that our Privacy Policy does not govern these third-party sites or materials. When you browse or interact with any third-party site, application, or service, including those linked on our Services, you are subject to the terms and policies of that specific third party.

Changes to Privacy Policy

At MarketGarden.AI, we reserve the right to modify this Privacy Policy periodically. In the event of any changes, we will update the "Effective" date at the top of the Privacy Policy and publish the revised version on our Site. If there are substantial changes to how we utilize the personal information collected about you, we will make reasonable efforts to provide you with notice and comply with any additional requirements imposed by applicable law. We advise you to check this page frequently to stay informed about any updates. If you disagree with any modifications to this Privacy Policy, we kindly ask that you refrain from using or accessing our Services.

Contacting Us

If you have any inquiries regarding our Services or this Privacy Policy, we encourage you to reach out to us via email at contact@marketgarden.ai.

When contacting us, please provide a clear and detailed description of your query, especially if you are requesting information about the data we have on record for you. If you believe that we have violated any applicable data privacy or protection laws, you have the option to file a complaint with your local data protection supervisory authority in the jurisdiction where you reside or where you believe the infringement took place. Nevertheless, we sincerely hope that you will first contact us directly so that we can address any concerns or issues in a prompt and satisfactory manner.

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