Jabali AI - Privacy Policy

This Privacy Policy (“Policy”) outlines how Jaabaali Inc. (“Company,” “we,” “us” or “our”) collects, uses, and discloses certain personal information obtained through (i) our website at Jabali.ai, mobile apps, PC or mac apps (“Site”), (ii) your use of Company’s game generation platform (“Services”), as well as (iii) third party sources.

As used in this Policy, “you” or “your” means the individual accessing or using the Services, or the company or other legal entity on behalf of which such individual is accessing or using the Services, as applicable. “Personal Data” means any information that relates to, describes, or could be used to identify an individual, directly or indirectly.

Who this Policy covers. This Policy applies to everyone who uses the Services: people who create games (“creators”), people who play them (“players”), whether or not they have an account, and people who use the Services for a business. If you use the Services for a company, we process business contact information for the people who use the account. If a business customer puts Personal Data about other people into the Services, that business is responsible for having the right to do so, and on request we will enter into a data processing agreement.

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Personal Data We Collect

While interacting with the Sites and Services, we may collect the following Personal Data:

• Information you provide: We may collect Personal Data such as your contact information (name, email, phone number, mailing address), account related information (username for the Services, password, and IP address), and any other correspondence or information that you provide when you communicate with us. We may also collect information that you submit to us such as any text or image prompts that you input into the Services, or any public comments or chats that you maintain on the Services.
• Jabali Alerts information: If you opt in to Jabali Alerts, we also collect your mobile number and channel preference (SMS and/or WhatsApp), plus a record of that opt-in (time, method, and the wording shown).
• Automatically collected information: We may automatically collect information either generated by the use of the Services or from the service infrastructure itself, such as the date, time, and duration of your access, your IP address, information about the browser and operating system that you are using, the features that you use, the actions you take on the Services, and device information (“Usage Data”). Our Site and Services may also contain web beacons as well as store small text files (“Cookies”) on your device.
• Payment information: We use third-party payment processors to collect credit card or other financial information when you purchase a subscription or make a purchase in a game. We do not store credit card or payment information that you provide, and only receive confirmation from the payment processor that the payment was made.
• Information we collect from players: You can play games on the Services without an account. When you play, we collect Usage Data, the approximate location suggested by your IP address (such as country or region), Cookies and similar identifiers stored in your browser, gameplay events such as the games you play, scores, progress and session length, any nickname you choose for a leaderboard, and any report you send us. We do not ask players for their name, email address, phone number or precise location, and games on the Services are not allowed to ask for them. Please do not type Personal Data into a game or a nickname.
• Creator payout information: If you enrol in revenue sharing, our payment partners collect what is needed to verify your identity and pay you, such as your legal name, date of birth, address, bank details and tax identification number. We receive the verification result, payout records and the tax forms we are required to keep.
• Reports and legal notices: If you send us a report, a copyright or trademark notice, a counter-notice or a request to remove an intimate image, we collect the information you include, such as your contact details and a description of the content.

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Use of Your Personal Data

We may use your Personal Data for the following purposes:

• To provide our Services: We may use Personal Data to help provide, maintain, monitor the usage of, strengthen the security of, and improve upon our Services.
• To manage your account: We may use Personal Data to manage your registration as a user of the Services. As a registered user, you can access different functionalities of the Services that are available to you.
• For the performance of a contract: We may use Personal Data for the development, compliance and undertaking of purchase contracts for the products, items or Services you have purchased or of any other contract you have with us through the Services.
• To contact you: We may use Personal Data to contact you by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application's push notifications, regarding updates or informative communications related to the functionalities, products or contracted services, including security updates when necessary or reasonable for their implementation.
• To send requested notifications: We may use Personal Data to send optional game-making progress and account notifications you requested.
• To provide you with news, special offers and general information: We may send you information about other goods, services, and events that we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information.
• To manage your requests: We may use Personal Data to manage your requests to us.
• To build and improve our AI: We may use the prompts, files and other inputs you give us, and the assets and games generated from them, to develop and improve the AI models and tools behind the Services, as described in our Terms of Service. You can ask us not to use your content for model training by emailing personaldata@jabali.ai. We do not use Personal Data collected from players, or from anyone we know to be under 18, to train AI models. Please do not include Personal Data about yourself or anyone else in prompts or uploads.
• To keep the Services safe: We review games, prompts and generated content, using automated tools and people, to enforce our Terms of Service, handle reports and legal notices, and prevent fraud and abuse.
• To pay creators: We use payout information to calculate, make and record payments to creators and to meet our tax and legal obligations.
• To show advertising: Games and pages on the Services may show advertising. Advertising shown to players is contextual: it is chosen from the game or page being viewed, not from a profile of the player. We do not use players’ Personal Data to target advertising.
• For business transfers: We may evaluate or conduct a merger, divestiture, restructuring, reorganization, or other sale or transfer of some or all of our assets, in which Personal Data held by us about our users is among the assets transferred.
• For other purposes: We may use Personal Data for other legitimate business purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Services, products, marketing and your experience.

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Sharing Your Personal Data

We may share your Personal Data in the following situations:

• With third-party service providers: We may provide Personal Data to third-party vendors and service providers to provide services on our behalf, including providers of hosting services, customer service vendors, cloud services, email communication software, web analytic services, and other information technology providers, among others. Pursuant to our instructions, these parties will access, process, or store Personal Data only in the course of performing their duties to us and for the reasons stated in this Policy.
• With messaging providers: We may share Personal Data with messaging providers who send those notifications on our behalf, including Twilio, Inc. and, if you choose WhatsApp, Meta Platforms, Inc. They process your number only to deliver the messages.
• With payment partners: We share Personal Data with the payment partners and app stores that process purchases and creator payouts, so that they can process payments, verify identity, prevent fraud and meet their legal obligations.
• With other users and the public: If you are a creator, your username, profile, published games and their descriptions are public, and with the permission you give in our Terms of Service we may use your name, username, likeness and game artwork to promote your games and the Services. Nicknames that players choose for leaderboards are visible to other players. Creators receive statistics about their games in aggregate form, such as plays, scores and revenue. We do not give creators players’ Personal Data.
• With people involved in a legal notice: If you send us a copyright or trademark notice or a counter-notice, we share it, including your contact details, with the person it concerns, as the law provides. If you ask us to remove an intimate image, we use what you tell us only to handle the request, stop the image being uploaded again and meet our legal obligations, and we limit who can see it.
• With advertising partners: Advertising partners that show contextual advertising in and around games receive Usage Data, such as your IP address, device and browser information and the page or game being viewed. We do not sell players’ Personal Data or share it for targeted advertising.
• To protect children: We report apparent child sexual exploitation to the National Center for Missing & Exploited Children as the law requires.
• For business transfers: We may share or transfer your Personal Data in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of our business to another company.
• With law enforcement: Under certain circumstances, we may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency). To the extent we receive a request from law enforcement for your Personal Data, we will promptly notify you and provide you with a copy of the request, unless we are legally prohibited from doing so.
• Other data sharing: We may disclose Personal Data to comply with a legal obligation, to protect and defend the rights or property of the Company, prevent or investigate possible wrongdoing in connection with the Services, to protect the personal safety of users of the Services or of the public, and protect against legal liability.
• With your consent: We may disclose your Personal Data for any other purpose with your consent.

No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. All the above categories exclude text messaging originator opt-in data and consent; this information won’t be shared with any third parties.

You can stop messages by replying STOP, turning alerts off in settings, or emailing personaldata@jabali.ai.

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Security of Your Personal Data

The security of your Personal Data is important to us, but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.

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Transfers of Your Personal Data

Your information, including personal data, is processed at our operating offices and in any other places where the parties involved in the processing are located. This means that information may be transferred to and maintained on computers located outside of your state, province, country, or other governmental jurisdiction where the data protection laws may differ from those in your jurisdiction. Your consent to this Privacy Policy, followed by your submission of such information, represents your agreement to that transfer. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy, and no transfer of your personal data will take place to an organization or a country unless there are adequate controls in place, including the security of your data and other personal information.

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Retention of Your Personal Data

The Company will retain your Personal Data only for as long as is necessary for the purposes set out in this Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies. We keep payout and tax records for as long as tax and financial laws require.

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Children’s Privacy

You must be at least 18 years of age to create an account, to create, publish or earn money from games, or to make purchases, according to our Terms of Service. People aged 13 to 17 may play games with the permission of a parent or guardian, provided they also meet the minimum age of digital consent in their country. Playing does not require an account, and we limit what we collect from players, as described in “Personal Data We Collect”. We do not knowingly sell or share the Personal Data of anyone under the age of 18, show them targeted advertising, or use their Personal Data to train AI models. The Services are not directed at anyone under the age of 13, and we do not knowingly collect Personal Data from them. If you are a parent or guardian and you are aware that your child has provided us with Personal Data, please contact us at personaldata@jabali.ai. If we become aware that we have collected Personal Data from anyone under the age of 13, we will take reasonable steps to remove that information from our servers.

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Links to Other Websites

Our Services may contain links to other websites that are not operated by us. If you click on a third-party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party sites or services.

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Your Rights

Depending on your location, you may have certain statutory rights in relation to your Personal Data. For example, you may have the right to:

• Access your Personal Data and information relating to how it is processed
• Rectify or update your Personal Data
• Transfer your Personal Data to a third party (right to data portability)
• Delete your Personal Data from our records
• Restrict how we process your Personal Data
• Withdraw your consent where we rely on consent as the legal basis for processing
• Object to how we process your Personal Data
• Opt out of targeted advertising and of the sale or sharing of your Personal Data
• Lodge a complaint with your local data protection authority

To exercise any of the rights listed above, please contact us via email at personaldata@jabali.ai. We will respond to your request as soon as reasonably possible and within the timeframe required under applicable law. Additionally, you may authorize an agent to make a request on your behalf. To designate an agent, please provide a written and signed document by both you and the agent that authorizes the agent to act on your behalf. You may also use a power of attorney. We will require you to provide information to allow us to reasonably verify that you are the person about whom we collected Personal Information. We will not treat you differently for using these rights. If we refuse a request, you can appeal by replying to our decision.

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Changes to this Privacy Policy

We may update this Policy from time-to-time to reflect changes in legal, regulatory, operational requirements, our practices, and other factors. Please check this Policy periodically for updates. If any of the changes are unacceptable to you, you should cease interacting with us. When required under applicable law, we will notify you of any changes to this Policy via email and/or a prominent notice on our Services prior to the change becoming effective, and update the “Last Updated” date at the top of this Privacy Policy. If a change is material, we will notify you by email or through the Services at least 30 days before it takes effect, and we will not use Personal Data we have already collected in a materially different way without your consent. Other changes to this Privacy Policy are effective when they are posted on this page.

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Supplemental Terms and Conditions: California

The following applies solely to residents of California or individuals whose information has been collected in California. We have adopted and included this notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”). Any terms used in this section that are defined in the CCPA have the same meaning given therein.

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Information We Collect

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Selling Information

We do not sell your Personal Information, as defined under the CCPA. If in the future we do sell your personal information, we will notify you and you will have the right to opt-out of such sale. We do not knowingly sell or share the Personal Information of anyone under 18.

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Your Rights and Choices

The CCPA provides individuals residing in California or whose Personal Information was collected in California with specific rights regarding their Personal Information. The below describes your rights and how you may exercise them.

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Access to Specific Information and Data Portability Rights

You have the right to request that we disclose certain information to you about our collection and use of your Personal Information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:

• The categories of Personal Information we collected about you.
• The categories of sources for the Personal Information we collected about you.
• Our business or commercial purpose for collecting or selling that Personal Information.
• The categories of third parties with whom we share that Personal Information.
• The specific pieces of Personal Information we collected about you.

If we disclosed for a business purpose or sold your Personal Information, we will also provide two separate lists disclosing:

• The Personal Information categories that were sold to each category of recipient in connection with sales of your Personal Information; and
• The Personal Information categories that were provided to each category of recipient in connection with business purposes disclosures of your Personal Information.

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Deletion Request Rights

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies. We will notify you promptly if we determine that we must deny your deletion request.

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Do Not Sell Opt-Out Rights

You have the right to opt-out of any sales, as defined by the CCPA, of Personal Information. However, we do not sell your Personal Information.

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Correction, Sharing and Sensitive Information

You also have the right to correct inaccurate Personal Information, to opt out of the sharing of your Personal Information for cross-context behavioral advertising, and to limit the use of sensitive Personal Information to what is needed to provide the Services. We use sensitive Personal Information, such as account log-in details and, for creators who receive payouts, tax identification numbers and bank details, only to provide the Services, keep them secure and meet our legal obligations. We will not discriminate against you for exercising any of your rights. To use these rights, email personaldata@jabali.ai.

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Exercising Your Rights

To exercise your access, data portability, deletion, or do not sell opt-out rights described above, please submit a verifiable consumer request to us by email to personaldata@jabali.ai. Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

You may make a verifiable consumer request for access twice within a 12-month period. You may make a verifiable do not sell opt-out request at any time. The verifiable consumer request must:

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative.
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you. Making a verifiable consumer request does not require you to create an account with us. However, we do consider requests made through your password protected account sufficiently verified when the request relates to Personal Information associated with that specific account. We will only use Personal Information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.

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Response Timing and Format

We endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you in writing of the extension period and the reason for it. We will deliver any required or requested responses or other communications in writing to you by email. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. If applicable, the response we provide will also explain any reasons we cannot comply with a request. For data portability requests, we will provide your personal information in a format that is readily usable and transferable. We do not charge a fee to process or respond to your verifiable consumer request unless such requests become excessive, repetitive, or manifestly unfounded or as otherwise permitted by the CCPA. If we determine that a request warrants charging a fee, we will notify you and provide you with a cost estimate before completing your request.

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Supplemental Terms and Conditions: Europe

If you are located in the European Economic Area (“EEA”), Switzerland, or the United Kingdom (“UK”), our legal basis for collecting and using the Personal Data described in this Policy will depend on the Personal Data concerned and the specific context in which we collect it. However, we will normally collect Personal Data from you only where we have your consent to do so, where we need the Personal Data to perform a contract with you, or where the processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms. In some cases, we may also have a legal obligation to collect Personal Data from you.

We may share information internally or with third-parties, as described in this Policy. When we share Personal Data of individuals in the EEA, Switzerland, or UK with third-parties, we make use of a variety of legal mechanisms to safeguard the transfer, including the European Commission-approved standard contractual clauses, as well as additional safeguards where appropriate.

Additionally, you have the following data protection rights:

• You can request access, correction, updates, or deletion of your Personal Data.
• You can object to our processing of your Personal Data, ask us to restrict processing of your Personal Data, or request portability of your Personal Data.
• If we have collected and processed your Personal Data with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your Personal Data conducted in reliance on lawful processing grounds other than consent.
• You have the right to complain to a data protection authority about our collection and use of your Personal Data.

To exercise your rights, please contact personaldata@jabali.ai.