This Privacy Policy (“Policy”) applies to the Note Recall mobile application features, content, functionality, and related services (collectively, the “App”) offered by 43rd Element, LLC (“Note Recall,” “we,” “us,” and “our”). This Policy explains how we collect, use, disclose, and otherwise process the personal information we collect through the App.
Please read this Policy carefully. By subscribing to, downloading, accessing, or using the App, you accept this Policy. If you do not agree to this Policy, you must not download, access, or use the App.
INFORMATION COLLECTION & DATA MINIMIZATION
The term “personal information” refers to information that identifies, relates to, describes, or can be reasonably associated with an individual.
User privacy is of the utmost importance to Note Recall. Accordingly, we limit our access to personal information to the extent possible.
Personal information we receive and/or use. In order to provide the App to you, we collect certain limited personal information. This may include information about your device, such as your IP address or device ID, as well as usage data such as the time and location of your access to the App and how you use it. Additionally, we may receive your name and email address if you choose to contact us with comments or questions about the App. When you invite a trusted contact to add notes to your Note Recall library, we prepare a prefilled iMessage for you to send them, but Note Recall only receives the first name of your trusted contact.
Personal information we do NOT receive. We do not receive or have access to any information you upload or input into the App (e.g., your native Apple Notes app, your chat prompts), or any outputs the App generates for you (collectively, your “Content”). When you download the App, a third-party AI model is downloaded onto your device and all Content is saved locally to your device (and to your iCloud if you enable your sync settings). We never receive or access your Content, and neither does our third-party AI model provider. This means no one will access, disclose, or train AI models based on your Content. Additionally, please note that any credentials you use to access the App (e.g., passcodes, Face ID) are shared with Apple, not us.
INFORMATION USE
We use the personal information we collect for the main purpose of providing the App, which may include the following:
- to provide customer support;
- to provide service announcements;
- to communicate with you and respond to your inquiries;
- to provide information you have requested;
- to provide information, newsletters, or notice of new features that may be of interest to you; and
- to solicit feedback and survey responses.
We may also use your personal information, as needed, for the following purposes:
- to develop new features and services;
- to generate analytics, statistics and de-identified data;
- to prevent, detect or fight fraud or illegal activities;
- to comply with legal and contractual requirements; and
- for any other purpose with your consent.
INFORMATION DISCLOSURE
In the following circumstances, we may share personal information with third parties:
- Disclosures to Service Providers. To assist us in providing our Services, we may share personal information with vendors or service providers, such as providers of email solutions, data analytics services, or support and maintenance services.
- Disclosures to Affiliates. We may share personal information within the corporate family, meaning between our subsidiaries and affiliates.
- Business Transfers. If we are involved in a merger, acquisition, or other corporate transaction, we may share your personal information during the diligence process with counterparties and others assisting with the transaction, as well as to a successor as part of such a transaction.
- Legal Requirements. We may also share personal information if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, including to cooperate with law enforcement, (ii) protect and defend our rights or property, (iii) prevent fraud, (iv) act in urgent circumstances to protect the personal safety of users, or the public, or (v) protect against legal liability.
- Consent. We may also share your personal information with other third parties not described above if we receive your consent to do so.
DATA SECURITY
We are committed to ensuring the security and integrity of your personal information. We have adopted reasonable organizational, technical, and administrative procedures designed to safeguard the personal information we maintain and require our service providers to do the same. Note, however, that no data transmission over the Internet can be guaranteed to be 100% secure.
DATA RETENTION
We may store personal information we receive for as long as we have a legitimate business need for it. We determine the retention period for each category of personal information based on (i) the length of time we need to retain the information to achieve the business or commercial purpose for which it was obtained, (ii) any legal or regulatory requirements applicable to such information, (iii) internal operational needs, and (iv) any need for the information based on any actual or anticipated investigation or litigation.
CHILDREN’S PRIVACY
Our App is not intended for use by children under the age of 18 and we do not knowingly collect personal information from children under 18 years of age. If we learn we have inadvertently collected personal information from children under 18 years old, we will take steps to delete that information.
INTERNATIONAL USERS
We are located in the United States. Please note that your personal information may be processed in the U.S. or in other countries where our service providers are located. By submitting your personal information to us, you agree to the transfer, storage, and processing of your personal information in a country other than your country of residence including, but not limited to, the U.S. The personal information protection laws of other countries might be different from the laws of the jurisdiction in which you reside, and might permit courts, government, law enforcement agencies, regulatory agencies and security authorities to access your personal information without notice.
LINKS TO OTHER WEBSITES
Links to other websites may be found within the App, and are provided solely as a convenience. If you use these links, you leave our App. We do not control and are not responsible for any of these sites, their content, or their privacy policies and practices.
OUR WEBSITE
Our website (www.43rdelement.com) uses Umami, a privacy-focused analytics service, to understand in aggregate how visitors use the site, such as which pages are viewed, which links to the App Store are clicked, the referring website, and general browser, device, and country information. Umami does not use cookies, does not collect personal information, and does not track you across other websites. This information is not sold or used for advertising.
PRIVACY RIGHTS BASED ON RESIDENCY
Depending on your jurisdiction of residence, you may have some or all of the privacy rights listed below with respect to your personal information. Please note that these rights are not absolute, may apply only in certain circumstances and, in certain cases, we may decline your request as permitted by law.
- Right to Confirm / Access / Know. You may have the right to request access to and obtain copies of personal information that we hold about you, including details relating to the ways in which we collect, use, and share your information. You may also have the right to obtain a list of the categories of third parties to which we have disclosed or sold personal information. Residents of California have the right to know the categories of personal information we have collected about them, the categories of sources from which the personal information is collected, the categories of personal information sold, shared, or disclosed, the business or commercial purpose for selling, sharing, or disclosing the personal information, and the categories of third parties to whom we have sold, shared, or disclosed their personal information.
- Right of Portability. You may have the right to receive a copy of the personal information we maintain about you in a portable format and to request that we transfer it to a third party.
- Right to Delete. You may have the right to request that we delete personal information we maintain about you.
- Right to Correct. You may have the right to request that we correct inaccurate personal information we maintain about you.
- Right to Withdraw Consent. You may have the right to withdraw your consent to the processing of your personal information.
- Right to Opt-Out. You may have the right to opt-out of certain uses of your personal information such as for (i) targeted advertising, (ii) “sale” or “sharing” for cross-context behavioral advertising, or (iii) profiling or automated decision-making activities that result in a legal or similarly significant effect on you. But note, we do not engage in any of these activities.
- Right to Appeal. You may have the right to appeal our decision if we decline to process your request in part or in full. You can do so by replying directly to our denial. If you are not satisfied with our response to your appeal, you may contact your state Attorney General.
Requests to exercise these rights may be made using the contact information listed at the end of this Policy. Only you or, as permitted by law, a person that you authorize to act on your behalf, may make a request related to your personal information. For certain requests, we must verify your request before we can fulfill it. Verifying your request will require you to provide sufficient information for us to reasonably verify that you are the person about whom we collected personal information or that the requestor is authorized to act on your behalf. We will not discriminate against you for exercising your privacy rights.
ADDITIONAL DISCLOSURES FOR CALIFORNIA RESIDENTS
This section provides additional disclosures for residents of California, pursuant to the California Consumer Privacy Act, as amended by the California Privacy Rights Act (the “CCPA”).
CCPA Categories of Personal Information We Collect and How We Collect Them
We (or third parties acting on our behalf) may collect the following categories of personal information about California consumers. This information may be, or have been, collected directly from you or another App user, or automatically when you use the App.
- Identifiers, including real name, alias, unique personal identifier, online identifier, IP address, email address, or other similar identifiers.
- Personal Information described in Cal. Civ. Code § 1798.80(e), including name and telephone number.
- Commercial information, including products or services purchased from us.
- Internet or other electronic network activity information, including internet or other similar activity, browsing history, search history, or information about a consumer’s interaction with our App.
- Geolocation data, including location data inferred from device or IP address.
Use and Disclosure of CCPA Categories of Personal Information
We use the personal information we collect for the business and commercial purposes described in the “Information Use” section above. We also disclose the personal information we collect as described in the “Information Disclosure” section above.
CCPA Categories of Personal Information Sold or Shared
Under the CCPA, we do not “sell” or “share” personal information.
Privacy Rights for California Residents Relating to Your Personal Information
Please refer to the “Privacy Rights Based on Residency” section above for information regarding the rights you have with respect to your personal information and how to exercise them.
CHANGES TO THIS POLICY
Please note that we may update this Policy from time to time. Therefore, users should periodically review this page to ensure familiarity with the most current version of this Policy. Your continued use of the App amounts to your consent to any such updates or changes.
CONTACT INFORMATION
If you have questions regarding this Privacy Policy, please contact us at support@43rdelement.com.