Tickles PRIVACY POLICY

Last modified October 8, 2023

1. WELCOME!

Tickles.ai takes your privacy seriously and we know you do too. This Privacy Policy (“Policy”) describes how we collect, use, and share Personal Information, your Rights & Choices, and other important information about how we handle your Personal Information.

2. SCOPE OF THIS POLICY

This Policy pertains to your (“you”) use of the tickles.ai website (the “Website”), including all Content (as defined in the Terms of Use) available through the Website, the Tickles mobile application for customers provided through Apple’s App Store or the Google Play Marketplace (the “App(s)”), or by accessing any associated content such as email feeds, feeds through apps or other related services provided by Tickles (collectively the “Service”).

ATTENTION: PLEASE READ OUR PRIVACY POLICY CAREFULLY BEFORE ACCESSING OR USING THE SERVICE. ACCESSING OR USING THE SERVICE INDICATES THAT YOU ACCEPT THIS PRIVACY POLICY IN FULL. IF YOU DO NOT ACCEPT THIS PRIVACY POLICY, DO NOT ACCESS OR USE THE SERVICE. You acknowledge (a) that you have read and understood this Privacy Policy; (b) that you accept this Privacy Policy and consent to the collection, use, and sharing of your personal information described in this Privacy Policy; and (c) that by consenting to this Privacy Policy, you consent to receive notifications regarding security incidents to the email address We have on file for You.

Please note that your use of our Service is also subject to our Terms of Use and Community Guidelines.

Please review the Privacy Policy each time you use the Service. BY USING THE SERVICE, YOU CONSENT TO THE MOST RECENT VERSION OF THE PRIVACY POLICY. If we materially change this Privacy Policy, we will notify you of any, if required, via notices on our Service. Your continued use of our Service constitutes your acknowledgement of any revised Policy.

3. HOW TO CONTACT US

General Inquiries: [[email protected]]

Regional Data Rights: [email protected]

4. AGE POLICY

Although we want as many people as possible to discover the ultimate AI crush experience, you must be at least 18 years old to use tickles.ai.

Tickles does not knowingly collect any Personal Information about or market to children, minors, or anyone under the age of 18. If we become aware that a child, minor, or anyone under the age of 18 has registered with us and/or provided us with Personal Information, we will take steps to terminate that person’s registration and promptly delete any such Personal Information if required by law.

5. COLLECTION OF PERSONAL INFORMATION

Personal Information We Collect

To provide our Service, we may collect and use information that is defined as personal information under applicable privacy laws (“Personal Information”). We collect and use the following categories of Personal Information (note, specific Personal Information elements are examples and may change):

Audio/Visual Data - Video or image files and records, such as avatar images and character photos, as well as voicemails and other recordings.

Contact Data - Information about you and used to contact you, such as email address, mailing address, or phone number.

Device/Network Data - Personal Information relating to your device, browser, or application e.g. device identifiers, IP address, identifiers from cookies, session history and Service navigation metadata, and other data generated through applications and browsers, including via cookies and similar technologies.

Financial Data - Information such bank account details, or payment card information and relevant information in connection with financial transactions.

General Location Data - Non-precise location data, e.g. location information derived from IP addresses.

Health Data - Information about your health.

Identity Data - Information such as your name, gender, race/ethnicity, date of birth, age and/or age range, account login details, or other account handles/usernames.

Inference Data - Personal Information we create or use as part of a profile reflecting your preferences, characteristics, aptitudes, market segments, likes, favorites or interests.

Transaction Data - Information about transactions you make with us through our website, such as a paid subscription or bonus, and similar information.

User Content - Personal Information included in content provided by users of the Service in any free-form or unstructured format, such as in an AI chat session, a character design, a “contact us” box, or other free text field, file, document, or message to us.

Consumer Health Data - Personal information linked or reasonably linkable to a consumer and that identifies the consumer's past, present, or future physical or mental health status as defined under the Washington My Health My Data Act and other Consumer Health Data Privacy laws. For more information, please review our Consumer Health Data Privacy Policy.

How We Collect Personal Information

We collect Personal Information from various sources based on the context in which the Personal Information will be used:

Data we collect from you - We collect Personal Information from you directly, for example, when you create your User Profile, create a character, chat with any character, or contact us directly.

Data collected automatically - We may collect certain Personal Information automatically. For example, we collect Device/Network Data automatically using cookies and similar technologies when you use our Service, access our Service, or when you open our communications.

Data we receive from service providers - We receive Personal Information from service providers performing services for Crushon.

Data we receive from social media platforms - We receive Personal Information from TikTok, Reddit, Discord, and other social media companies when you use social media sign on, or interact with that social media company on or in connection with our Service.

Data we create and infer - We and certain partners and third parties create and infer Personal Information such as Inference Data based on our observations or analysis of other Personal Information used under this Policy, and we may correlate this Personal Information with other information we use about you.

6. USE OF PERSONAL INFORMATION

Website

Generally

We use Device/Network Data, Inference Data, Audio/Visual Data including Consumer Health Data, Contact Data, Identity Data, Financial Data, Transaction Data, User Content, and General Location Data when you visit our website. You may also be able to create an account, create and chat with characters, contact us, read our blog or other materials, or complete a transaction through our Service.

We use this Personal Information as necessary to operate our Service, such as keeping you logged in, age screening, delivering pages, providing AI chats with characters, content screening, etc., for our Business Purposes, and our other legitimate interests, such as:

• ensuring the security of our website, and other technology systems; and

• analyzing the use of our Service, including navigation patterns, clicks, etc. to help understand and make improvements to the Service.

We may use this Personal Information for our Commercial Purposes.

Cookies and Similar Tracking Technologies

We use Device/Network Data, Contact Data, Identity Data, Inference Data, Transaction Data, User Content, and General Location Data in connection with our use of cookies and similar technologies on our Service. We may collect this data automatically.

We and authorized third parties may use cookies and similar technologies for the following purposes:

• for “essential” purposes necessary for our Service to operate (such as maintaining user sessions, content delivery, and the like);

• for “functional” purposes, such as to enable certain features of our Service (for example, to allow a customer to maintain a logged-in session);

• for “analytics” purposes and to improve our Service, such as to analyze the traffic to and on our Service (for example, we can count how many people have looked at a specific page, or see how visitors move around the Service when they use it, to distinguish unique visits/visitors to our Service, and what website they visited prior to visiting our Service, and use this information to understand user behaviors and improve the design and functionality of the Service); and

• for “retargeting,” Online Advertising, or other advertising and marketing purposes, including technologies that use Inference Data or other data so that we can deliver, buy, or target advertisements which are more likely to be of interest to you.

We may also use this Personal Information for our Business Purposes.

We use Google Analytics and Google Tag Manager to better understand who is using the Service and how people are using it, and for remarketing and behavioral targeting. Google Analytics uses cookies to collect and store information, such as Service pages visited, places where users click, time spent on each Service page, Internet Protocol address, type of device and operating system used, language preference, location-based data, device ID, search traffic, gender, and age. Google and other third parties may use cookies, pixels, web beacons, and other storage technologies to collect information from the Service and from other Internet websites, and use that information for the purposes of targeting ads and providing measurement services. Google may track your activity over time and across websites. For specific information about Google Analytics, please visit: the Google Analytics Privacy Disclosure Policy. If you are logged into Google, you can opt out of the collection and use of your information for certain advertising by visiting the Data & personalization portion of your account settings.

Google Tag Manager is a tag management system that allows the Service to update measurement codes and related code fragments collectively known as tags on our website or mobile app. we use this information to improve the Service and as otherwise described in this Policy. Google Tag Manager may collect information related to tag firing, information contained in standard HTTP requests logs, and information related to online identifiers, such as cookie identifiers and IP addresses. Please see: Google Analytics Opt-Out for information about the Google Analytics Opt-out Browser Add-on.

We may also work with third-party marketing companies that help deliver online marketing to you. See your Rights & Choices for information regarding opt-out rights for cookies and similar technologies and in relation to Online Advertising.

Mobile App

If you use our mobile app we may use Device/Network Data, Inference Data, Audio/Visual Data including Consumer Health Data, Contact Data, Identity Data, Financial Data, Transaction Data, User Content, and General Location Data.

We use this Personal Information to provide our mobile app, for our Business Purposes, and our other legitimate interests, such as:

• to optimize the display and functionality of the Mobile App on your device;

• to facilitate your communications with AI characters;

• to allow character creation, interaction, and experiences; or

• to provide access to your account.

We may use this Personal Information for our CommercialPurposes.

Account Registration

We use Identity Data, Contact Data, Inference Data, and User Content when you register and create an account for our Service. We use Audio/Visual Data if you upload a user profile avatar. We use Financial Data if you associate payment information with your account.

We use this Personal Information to create and maintain your account, to provide the products and services you request, and for our Business Purposes. We may use Identity Data, Inference Data, and Contact Data for Commercial Purposes. We do not sell or “share” Financial Data or use it for Business Purposes not permitted under applicable law.

Characters

Creation

We use Audio/Visual Data, User Content, and any Personal Information contained within any User Content when you create a character through the Service.

We use this Personal Information to create and maintain your character, to train your character to generate content, and allow others to find your character, if desired. We may use User Content to train AI models, as well as for our Business Purposes.

Chats

We use Inference Data, Device/Network Data, User Content, and any Personal Information contained within any User Content when you chat with a character through the Service. We use Consumer Health Data if it is contained in the User Content shared with any character.

We use this Personal Information to facilitate your chat experience, monitor your chat for safety and appropriate content, and for our Business Purposes. We may use User Content from character chats to train AI models. For more information on appropriate chat content, please view our Community Guidelines.

Purchases and Transactions

We use Transaction Data, Identity Data, Financial Data, Inference Data, and Contact Data when you purchase a membership, redeem Tickles Coins, or complete other transactions. We do not permanently store your Financial Data.

We use this Personal Information as necessary to perform or initiate a transaction with you, process your order, payment, or refund, carry out fulfillment and delivery, document transactions, and for our Business Purposes.

We may use Identity Data, Transaction Data, Contact Data, and Device/Network Data for Commercial Purposes. We do not sell or “share” Payment Data or Health Data or use it for Business Purposes not permitted under applicable law.

The Blog

We use Device/Network Data and Inference Data when you access our blog. We use Contact Data, Identity Data, Device/Network Data, and Inference Data in connection with marketing emails, push notifications, or similar communications, and when you open or interact with those communications. You may receive marketing communications pursuant to applicable laws.

Contact Us

When you contact us though the Service using a contact us box, via phone or email, we use Contact Data, Device/Network Data, User Content, and any Personal Information contained within any User Content. We use Contact Data and User Content as necessary to communicate with you about the subject matter of your request and related matters. We may also use this Personal Information for our Business Purposes.

Posts and Social Media

We use Identity Data, Contact Data, and User Content you post or with which you interact (e.g. comments and social media posts, etc.) on social media platforms, such as TikTok, Reddit, Discord, Twitter, and Telegram.

We use this Personal Information for our Business Purposes and Commercial Purposes.

Posts may be public, or reposted on our Service. Content you provide may be publicly-available when you post it on our Service, or in some cases, if you reference, engage, or tag our official social media accounts on social media platforms.

7. PURPOSE OF USE

Business Purposes

In addition to the uses described above, we generally use Personal Information for several common purposes in connection with our business (“Business Purposes”). Please see below for more information regarding the purposes for which we use your Personal Information.

Operate our Service and Fulfill Obligations - We use any Personal Information as is necessary to provide the Service, and as otherwise necessary to fulfill our obligations to you, e.g. to provide you with the information, features, and services you request.

Internal Processes and Service Improvement - We may use any Personal Information we process through our Service in connection with training our models, understanding how the Service is used or functions, for customer service purposes, in connection with the creation and analysis of logs and metadata relating to Service use, and for ensuring the security and stability of the Service. Additionally, we may use Personal Information to understand what parts of our Service are most relevant to users, how users interact with various aspects of our Service, how our Service performs or fails to perform, etc., or we may analyze use of the Service to determine if there are specific activities that might indicate an information security risk to the Service or our users.

Analytics - We use Personal Information as necessary in connection with our creation of analytics relating to how our Service is used, the pages and content users view, and the creation of reports regarding the use and performance of our Service and other similar information and metrics.

Compliance, Safety & Public Interest - Note that we may, without your consent or further notice to you, and to the extent required or permitted by law, use any Personal Information subject to this Policy for purposes determined to be in the public interest or otherwise required by law. For example, we may use information as necessary to fulfil our legal obligations, to protect the vital interests of any individuals, or otherwise in the public interest or as required by a public authority. Please see the data sharing section for more information about how we disclose Personal Information in extraordinary circumstances.

Corporate Events - Your Personal Information may be used or shared as part of routine corporate operations, as part of corporate reorganizations, or any business transition, such as a merger, acquisition, liquidation, or sale of assets.

Other Use of Personal Information - If we use Personal Information in connection with our Service in a way not described in this Policy, this Policy will still apply generally (e.g. with respect to your rights and choices) unless otherwise stated when you provide it.

Commercial Purposes

We and certain third parties use Personal Information to further our commercial or economic interests (“Commercial Purposes”) depending on the context of collection and your rights and choices.

Online Marketing - we may engage in online advertising on our Service (“Online Advertising”) to increase engagement on our platform and help more people discover the ultimate AI crush experience. This form of advertising involves various parties and services providers, including third party data controllers, engaged in the use of Personal Information to deliver and tailor ads you see.

These parties may collect Personal Information such as unique IDs, IP addresses, device information, OS/browser type, and other similar data, as well as information about the ads you see and view, to develop and assess aspects of a profile about you to deliver more relevant advertisements and offers, to determine whether and how ads you see are effective, and to enable and assess advertisements you see from us on other sites. These third parties may augment your profile with demographic and other preferences data derived from these observations, and may also track whether you view, interact with, and how often you have seen an ad, or whether you complete a purchase for a good or service you were shown in an advertisement. These parties may be able to identify you across sites, devices, and over time. You can control how these third parties use your data, and the ads you see on these platforms, using the tools described in the your Rights and Choices section below.

To learn about the specific providers we use for these services, please contact us.

Marketing Communications - We may send you marketing and promotional communications pursuant to applicable laws. These communications may be personalized based on your user profile.

8. DATA SHARING

Information we collect may be shared with a variety of parties, depending upon the purpose for and context in which that information was provided. We generally transfer data to the categories of recipients or in connection with Business Purposes, as described below.

Vendors and Service Providers - In connection with our general business operations, service improvements, enablement of certain features, and other lawful business interests, we may share Personal Information with vendors, service providers, and subprocessors who provide certain services to us or process data on our behalf. For example, we use third party hosting providers to host our Service or Content, and we may disclose information as part of our own internal operations, such as security operations, internal research, etc.

Corporate Events - Your Personal Information may be disclosed to a third party in the event that we consider or go through a business transition, such as a merger, acquisition, liquidation, or sale of all or a portion of our assets. For example, Personal Information may be part of the assets transferred, or may be disclosed (subject to confidentiality restrictions) during the due diligence process for a potential transaction.

Affiliates - To streamline certain business operations and develop services that better meet the interests and needs of our customers, we may share your Personal Information with any of our current or future affiliated entities, subsidiaries, and parent companies.

Legal Disclosures - In limited circumstances, we may, without notice or your consent, access and disclose your Personal Information, our correspondence with you, and any other information that we may have about you to the extent we believe such disclosure is legally required, to prevent or respond to a crime, to investigate violations of our Terms of Use or Community Guidelines, or in the interests of us or any person. We may, in our sole discretion (but without any obligation), object to the disclosure of your Personal Information to such parties.

9. YOUR RIGHTS&CHOICES

Your Rights

Applicable law may grant you rights in your Personal Information. These rights vary based on your location and state/country of residence and may be limited by or subject to our own rights in your Personal Information. You may submit requests to exercise rights you may have by contacting us at [email protected].

Note: we are able to fulfill rights requests regarding Personal Information that we control or use. We may not have access to or control over Personal Information controlled by third parties. Please contact the third party directly to exercise your rights in third party-controlled information.

Verification Requirements

All rights requests we receive directly must be verified to ensure that the individual making the request is authorized to make that request, to reduce fraud, and to ensure the security of your Personal Information. For example, we may require that you verify that you have access to the email on file in order to verify your identity. If an agent is submitting the request on your behalf, we reserve the right to validate the agent’s authority to act on your behalf.

Your Choices

You may have the following choices regarding the Personal Information we use, to the extent required under applicable law:

Changing Your Information - To change your information, please contact us at [email protected].

Closing Your Account - If the email account associated with your email address is not active, we may remove it from our system without notice. To close your account, please email us at [email protected].

Consent - If you consent to our use of Personal Information, you may withdraw your consent at any time. You may be required to close your account to withdraw consent where your consent is necessary to perform essential aspects of our Service.

Email Marketing - You have the choice to opt-out of or withdraw your consent to email marketing communications. You may exercise your choice via the links in our communications.

Cookies & Similar Technologies- If you do not want information collected through the use of cookies and similar technologies, you can manage/deny cookies and certain similar technologies using your browser’s settings menu. You must opt out of the use of some third party services directly via the third party. For example, to opt-out of Google’s analytic and marketing services, visit Google Analytics Terms of use, the Google Privacy Policy, or Google Analytics Opt-out.

Do-Not-Track - Your browser or device may offer you a “Do Not Track” option, which allows you to signal to operators of websites, web applications, mobile applications, and services (including behavioral advertising services) that you do not wish such operators to track certain of your online activities over time and/or across different websites or applications. The Service does not support Do Not Track requests at this time, which means that we or our analytics providers or other third parties with which we work may collect information about your online activity both during and after your use of the Service.

10. SECURITY

We implement and maintain commercially reasonable security measures to secure your Personal Information from unauthorized use. While we endeavor to protect our Service and your Personal Information against unauthorized access, use, modification and disclosure, we cannot guarantee that any information, during transmission or while stored on our systems, will be absolutely safe from intrusion by others.

11. DATA RETENTION

We retain Personal Information for so long as it is reasonably necessary to achieve the relevant purposes described in this Policy, or for so long as is required by law. What is necessary may vary depending on the context and purpose of use. We generally consider the following factors when we determine how long to retain data (without limitation):

• Retention periods established under applicable law;

• Industry best practices;

• Whether the purpose of use is reasonably likely to justify further use;

• Risks to individual privacy in continued use;

• Applicable data protection impact assessments;

• IT systems design considerations/limitations; and

• The costs associated with continued use, retention, and deletion.

We will review retention periods periodically and may pseudonymized or anonymize data held for longer periods.

12. LINKS TO THIRD-PARTY WEBSITES OR APPLICATIONS

This Policy applies only to the Service. The Service may contain links to other websites or apps or may forward users to other websites or apps that we may not own or operate and to which this Policy does not apply. The links from the Service do not imply that we endorse or have reviewed these websites or apps. The policies and procedures we describe here do not apply to these websites or apps. We neither can control nor are responsible for the privacy practices or content of these websites or apps. We suggest contacting these websites or app providers directly for information on their privacy policies. Nonetheless, we seek to protect the integrity of the Service and welcome any feedback about these linked websites and mobile applications.

13. INTERNATIONAL TRANSFERS

We operate in and use service providers located in the United States and China. If you are located outside the U.S. or China, your Personal Information may be used in the U.S. or China. The U.S. or China may not provide the same legal protections guaranteed to Personal Information in other countries.

14. CHANGES TO OUR POLICY

We may change this Policy from time to time. Please visit this page regularly so that you are aware of our latest updates. Your use of the Service following notice of any changes indicates acceptance of any changes. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to this Policy.

15. REGIONAL DARA RIGHTS

Your Nevada Privacy Rights

The Nevada Revised Statutes (NRS 603A.300 et seq.) permit a Nevada consumer to direct an operator of an Internet website or online service to refrain from making any sale of any covered information the operator has collected or will collect about that consumer. If you are a Nevada consumer, you may submit a request pursuant to this directive by emailing us at [email protected]. We will provide further information about how we verify the authenticity of the request and your identity.

Your California Privacy Rights

Section 1798.83 of the California Civil Code permits California residents to request from a business, with whom the California resident has an established business relationship, certain information about the types of Personal Information the business has shared with third parties for those third parties’ direct marketing purposes, and the names and addresses of the third parties with whom the business has shared such information during the immediately preceding calendar year. If you are a California resident, you may make one request each year by emailing us at [email protected].

16. CONSUMER HEALTH DATA PRIVACY POLICY

Categories of Consumer Health Data We Collect

We may collect the following categories of Personal Information linked or reasonably linkable to a consumer and that identifies the consumer's past, present, or future physical or mental health status (“Consumer Health Data”) as defined under Washington’s My Health My Data Act (“MHMDA”) and other consumer health or biometric data privacy laws, for the following purposes:

Sources of Consumer Health Data We Collect

We collect Consumer Health Data from various sources, which include: from you; collected automatically; from service providers; from social media platforms; and data we create and infer.

Sharing of Consumer Health Data

Categories of Consumer Health Data We Share

We may share the following categories of Consumer Health Data with third parties and specific affiliates:

• Individual health conditions, treatment, diseases, or diagnosis;

• Social, psychological, behavioral, and medical interventions;

• Use of prescribed medication;

• Gender-affirming care information;

• Reproductive or sexual health information;

• Data that identifies a consumer seeking “health care services” as defined under Washington’s My Health My Data Act, also referred to as “Identity Data;”

• Any information that we or our respective processor, uses to associate or identify you with data described above that is derived or extrapolated from non-health information (such as proxy, derivative, inferred, or emergent data by any means, including algorithms or machine learning), also referred to as “Inference Data;” and

• Biometric Data as defined under the MHMDA.

Categories of Third Parties with Whom We Share

We may share Consumer Health Data with the following categories of third-party recipients: Vendors and Service Providers; Legal Disclosure.

Specific Affiliates with Whom We Share

My Health My Data Rights

Your Rights

Under the Washington State My Health My Data Act, Washington State residents and natural persons whose Consumer Health Data is collected in Washington may have the following rights, subject to verification, exceptions, and limitations:

Right to Confirm/Access/Know - Up to twice annually, you have the right to (a) confirm whether we are collecting, sharing, or selling your Consumer Health Data, and (b) access such data, including a list of all third parties and affiliates with whom we have shared or sold the consumer health data and an active email address or other online mechanism that you may use to contact these third parties.

Right to Delete - You have the right to request deletion of the Consumer Health Data held by us and our affiliates, processors, contractors, and other third parties.

Right to Withdraw your Consent/Opt-Out - You may withdraw any consent you have provided at any time. The consequence of your withdrawing consent might be that we cannot perform certain services for you, such as location-based services, personalizing or making relevant certain types of advertising, or other services conditioned on your consent or choice not to opt-out.

Right to Non-Discrimination - You have the right to not to receive discriminatory treatment as a result of your exercise of rights conferred by the My Health My Data Act.

How to Exercise Your Rights

You may submit requests as follows (please our review verification requirements section).

• You may send an email to [email protected]with your email address, phone number or address on file, and your request.

If you have any questions or wish to appeal any refusal to take action in response to a MHMDA rights request, contact us at [email protected].. We will respond to any request to appeal within the period required by law.

If your appeal is unsuccessful, you can raise a concern or lodge a complaint with the Washington State Attorney General at www.atg.wa.gov/file-complaint.