Prodia Privacy Policy

Last Updated: January 26th, 2023


Prodia is a service of Prodia Labs Inc. (“Prodia”, “we”, “us”, “ours”). We offer software which empowers users to create custom AI-generated digital art and music (collectively our “Services”). We provide Services globally through our website https://prodia.com (including mobile site) (the “Site”).


This Privacy Policy describes how Prodia collects, uses, shares and otherwise processes your personal data in connection with providing our Services, how you may share personal data through our Services, and your rights and choices concerning our privacy practices.


We interact with artists and other visitors who use Prodia to design, distribute, and view AI generated art and music. We refer to Prodia artists and other visitors who browse our Site, collectively, as User or Users.


If you have any questions or concerns about our use of your personal data or would like to exercise your choices in relation to your personal data, then please Contact Us using the contact details provided in this Privacy Policy.


Personal Data That We Collect


Information You Provide


  • Registration. When signing up to use our Services, we ask for your contact information, which may include items such as your name, address, email address, and telephone number.

  • Payment Information. When you add financial account information to purchase our premium Services (if available), that information is directed to our third-party payment processor. We do not store your financial account information on our systems; however, we have access to, and may retain, user information through our third-party payment processor.

  • Other Information. Our Services allow you to provide data in free form fields, (e.g., on our AI art and music generator or Contact Us). If you provide us with personal data through those forms, it will be governed by this Privacy Policy.

  • Communications. If you contact us directly, then we may receive additional information about you such as your name, email address, phone number, the contents of the message and/or attachments you may send us, and any other information you may choose to provide. We may also receive a confirmation when you open an email from us.

    • Automatically Collected Data


    When you use our Services, the following information is created and automatically logged in our systems:


  • Log Data. Information that your browser automatically sends whenever you visit the Site. Log data includes the device’s IP address, browser type and settings, the date and time of your request, and how you interacted with the Site. Your geographic location determines which Services, disclosures, features, and third party content will be available to you.

  • Cookies. Information from cookies and other technologies stored on your device (together, “Cookies”). A Cookie is a piece of information stored on your browser or device. We use Cookies to make it easier for you to use our Services during future visits by identifying your browser or device, and to help us monitor traffic on our Site. Our third party vendors and service providers may also place Cookies on your browser through your interaction with our Site. The Cookies may be used to collect and store information about your browsing activities over time and across different websites, following your interaction with our Site. For more detail about specific Cookies, how we use Cookies, and your choices regarding cookies, please see our Cookie Policy.

  • Device Information. Includes the type of device you are using, operating system, settings, unique device identifiers, network information and other device-specific information. Information collected may depend on the type of device you use and its settings.

  • Usage Information. We collect information about how you use our Services such as the types and categories of content that you view or engage with, the features you use, the actions you take, the other Users you interact with and the time, frequency and duration of your activities. For example, this includes whether you open and act on marketing emails.

    • How We Use Personal Data


    We use the personal data we collect for the following purposes:


  • To Provide and Support Our Services.

    • We will use your personal data to perform our contractual obligations under our terms of use, or to take steps to enter into a contract with you, such as:


  • To authenticate Users, provide our Services and related support, process transactions and respond to your requests.

  • To manage our relationship with you, which includes sending information to you relating to our Services, changes to our terms, conditions and policies, and requesting you review or respond to a survey.

  • To Improve, Monitor, Personalize, and Protect Our Services.

  • To retain and process image data, moderation signals, and related metadata for purposes including service delivery, abuse prevention, compliance with legal requirements, and system improvement. Retention periods and processing practices may vary depending on the environment, feature configuration, and applicable law.

    • It is in our legitimate business interests to improve and keep our Services safe for our users, which includes:


  • To administer and protect our business and our Services, prevent fraud, criminal activity, or misuse of our Site, and to ensure the security of our IT systems, architecture and networks (including troubleshooting, testing, system maintenance, support and hosting of data).

  • To investigate and protect against fraudulent, harmful, unauthorized or illegal activity.

  • To better understand how visitors interact with our Services, including to ensure that our Site is presented in the most effective manner for you or your device.

  • To conduct analytics to inform our product and marketing strategy and enable us to enhance and personalize our communications and the experience we offer to our Users.

  • To provide other customized Services and communications that may be relevant or of interest to you.

  • To create anonymized, de-identified and/or aggregated data for commercial, statistical and market research purposes.

  • To conduct research.

  • To Enforce Our Agreements, to Comply with Legal Obligations and to Defend Us Against Legal Claims or Disputes.

    • We may use your personal data in our legitimate business interests to enforce and comply with our terms and policies; protect our rights, privacy, safety, or property; to ensure the integrity of our Services; to defend ourselves against legal claims or disputes; and to recover payments due to us. Some processing may also be necessary to comply with a legal obligation, for example to keep records of transactions, or as requested by any judicial process or governmental agency.


  • For Marketing and Advertising Purposes.

  • Email Communications. Email Communications. We will send you updates and information about our new Services or other promotions by email. Where required by law, we will only send Users marketing emails with their consent. You can unsubscribe or opt out at any time, via: (i) the email preference page linked to every email sent through our Services (unsubscribe here), or (ii) Contact Us. If you opt out of receiving marketing emails, we may send you non-marketing emails regarding your use of Prodia, and in response to your requests. If you have any questions about the communications we may send you, please Contact Us.

  • Offsite Targeted Advertising. We may show you Prodia advertising on other websites you visit, following your interaction with our Site, through the use of Cookies when you visit our Site. The purpose is to tell you about Services you have expressed an interest in by browsing our Site, or that we believe will be of interest to you in the future. You can limit online tracking as described in our Cookie Policy.

    • Where required by law, if you choose to subscribe to our marketing and advertising, then we process your personal data based on your consent, which you may withdraw at any time.


    How We Share Personal Data


    We share personal data and other information for purposes consistent with this Privacy Policy with certain third parties in the following circumstances:

  • Service Providers. We may share your personal data with third party companies and individuals that provide services and products on our behalf or help us operate our Services (such as customer support, hosting, analytics, email delivery, marketing, and database management services).

  • Advertising Partners. We may share your personal data with third party advertising companies, including for the offsite Prodia targeted advertising described above. For details on the third parties that may place Cookies through our Site, and information on your choices, please see our Cookie Policy.

  • Professional Advisors. We may share personal data with professional advisors, such as lawyers, auditors, bankers and insurers, where necessary in the course of the professional services that they render to us.

  • Business Transfers. If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of all or a portion of our assets, or transition of a service to another provider, then your personal data and other information may be transferred to a successor or affiliate as part of that transaction.

  • Legal Requirements. If required to do so by law, applicable regulation or in the good faith belief that such action is necessary to: (i) comply with a legal obligation, including to meet national security or law enforcement requirements; (ii) protect and defend the rights or property of Prodia; (iii) act in urgent circumstances to protect the personal safety of Users, or the public; or (iv) protect Prodia against legal liability.

    • How You May Share Personal Data on Prodia


    We may allow Users to share their data (or direct us to share their data), including with other Users and the public. Users may share their personal data with:


  • Other Users: by sharing AI-generated content with other Users.

  • Social Media Platforms: by posting User content to social media.

  • Public: by establishing a public profile and sharing certain profile information publicly via our Site, (e.g., AI-generated creations and the Users you follow).

    • Your Rights and Choices


    In certain circumstances providing personal data to us is optional. However, if you choose not to provide personal data, you may be unable to use some of the features of our Services.


    Communications and Service Choices


    You can opt out of receiving any email communications at any time via: (i) the preference page linked in the footer of every email sent through our Services (unsubscribe here), (ii) or Contact Us .


    Privacy Rights


    We may also offer you choices that affect how we handle the personal data that we control. Where required under applicable laws, then you may request the following in relation to your personal data:

  • Information About How We Collect and Use Your Personal Data. We have made this information available to you without having to request it by including it in this Privacy Policy.

  • Access. You may request access to a copy of the personal data that we have collected about you. If access is requested, then we will confirm whether we are processing your personal data and, if so, provide you with a copy of that personal data along with certain other details.

  • Data Portability. You may request to receive personal data in a structured, commonly used and machine-readable format and (if certain conditions are satisfied), transmit that personal data to a third party, if we have the technical means.

  • Correction. You may request the correction of personal data that is inaccurate or out of date for the purpose for which we collected or use this data.

  • Deletion. You may request the deletion of personal data that we no longer need to provide our Services or for other lawful purposes.

  • Objection/Restriction. You may also ask us to restrict or “block” the processing of your personal data in certain circumstances, such as where you contest its accuracy or object to us processing it. If you exercise your rights, then we will respect your decision in accordance with our legal obligations.

  • Opt Out of Sharing of Your Personal Data. We share personal data with advertising partners that display offsite Prodia targeted advertising to Users around the web. You can opt out of us sharing your personal data for these purposes by clicking here. Additionally, you can limit online tracking as described in our Cookie Policy. We do not sell personal data.

  • Withdraw Consent. In circumstances where you have provided your consent to the collection, processing and transfer of your personal data for a specific purpose, you have the right to withdraw consent for that specific processing at any time.

    • To make a request, please email us or write to us as provided in the “Contact Us” section below. We may ask for specific information from you to help us confirm your identity. Depending on where you reside, you may be entitled to empower an “authorized agent” to submit requests on your behalf. We will require authorized agents to confirm their identity and authority, in accordance with applicable laws. You are entitled to exercise the rights described above free from discrimination.


    Limits on Your Choices


    In some instances, your choices may be limited, such as where fulfilling your request would impair the rights of others, our ability to provide a feature of our Services you have requested, or our ability to comply with our legal obligations and enforce our legal rights. If you are not satisfied with how we address your request, then you may contact us as provided in the “Contact Us” section below. Depending on where you reside, such as if you reside in the European Union or United Kingdom, you may have the right to complain to a data protection regulator where you live or work, or where you feel a violation has occurred.


    Do Not Track


    Some Internet browsers may be configured to send “Do Not Track” signals to the online services that you visit. We currently do not respond to “Do Not Track” or similar signals. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com.


    Data Retention


    We retain your personal data only for as long as is necessary to fulfill the purposes for which it was collected and processed, in accordance with our retention policies, and in accordance with applicable laws or until you withdraw your consent (where applicable).


    If you have elected to receive marketing communications from us, then we retain information about your marketing preferences until you opt out of receiving these communications in accordance with our policies.


    To determine the appropriate retention period for your personal data, we will consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we use your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements. In some circumstances we may anonymize your personal data so that it can no longer be associated with you, in which case it is no longer personal data.


    International Data Transfers


    Prodia is based in the U.S. When you use our Services, you provide your personal data directly to us in the U.S. We may transfer your personal data to our affiliates and service providers in the U.S. and other jurisdictions that may not provide the same protections as the data protection laws in your home country, as described in the “How We Share Personal Data” section above. In these instances, we will ensure that relevant safeguards are in place to afford adequate protection for your personal data, including by implementing EU Commission- or UK government-approved contractual protections for the transfer of your personal data. For more information about how we transfer personal data internationally, please contact us as set out in the “Contact Us” section below.


    Children’s Privacy


    Our Services are not intended for use by children. If you are a parent or guardian and you have reason to believe that a child under the age of 16 has provided personal data to Prodia through the Site, then please contact us as set out in the “Contact Us” section below.


    Security


    We maintain organizational, administrative and technical safeguards designed to protect your personal data from loss, misuse and unauthorized access, disclosure, alteration, or destruction. However, no method of transmission over the internet is 100% secure. While we strive to protect your data, we cannot guarantee its absolute security.


    Other Websites, Mobile Applications, and Services


    Our Services may contain links to other websites, mobile applications, and other online services operated by third parties. These links are not an endorsement of, or representation that we are affiliated with, any third party. In addition, our content may be included on web pages or in mobile applications or online services that are not associated with us. We do not control third party websites, mobile applications or online services, and we are not responsible for their actions. Other websites and services follow different rules regarding the collection, use and sharing of your personal data. We encourage you to read the privacy policies of the other websites and mobile applications and online services you use.


    Changes to Our Privacy Policy


    We may change this Privacy Policy at any time. If we make material changes to this Privacy Policy, we will notify you by updating the date of this Privacy Policy and posting it on our Services.


    Contact Us


    Prodia Labs Inc. is the entity responsible for the processing of your personal data, and is the data controller for the personal data we collect or otherwise process as described in this Privacy Policy. If you have any questions about our Privacy Policy or our data practices, or if you would like to exercise your rights with respect to your personal data, then please contact us at [email protected] or by post at:

    1155 Mount Vernon HWY NE
    Suite 800
    Atlanta, GA 30338
    470-737-0633