Privacy Policy
Owner and Data Controller
Shmooz LLC
5800 Lakeshore Drive
Fort Lauderdale, FL 33312
Owner contact email: info@shmooz.ai
Types of Data collected
We collect and process the following personal data:
WhatsApp phone number and the inferred country and preferred language based on the
WhatsApp number country code.
Statistics about usage of the service such as the timestamps, length and type (audio or
text) of messages users send shmooz. Statistics are called with a hashed ID and not the
actual phone number.
We temporarily store your messages on our servers, to insure conversation flow with
Chat GPT-3.5
We keep track of your total messages sent in order to enforce fair usage policy both free
and premium users.
For users who subscribe to Shmooz, Stripe will collect billing address, billing name,
phone number and email address.
Purpose of Data Processing: The purpose of collecting the above information is for providing the
user with the service and improving the service.
Unless specified otherwise, all Data requested by this Application is mandatory and failure to
provide this Data may make it impossible for this Application to provide its services. In cases
where this Application specifically states that some Data is not mandatory, Users are free not to
communicate this Data without consequences to the availability or the functioning of the Service.
Users who are uncertain about which Personal Data is mandatory are welcome to contact the
Owner.
Any use of Cookies – or of other tracking tools – by this Application or by the owners of third-
party services used by this Application serves the purpose of providing the Service required by
the User, in addition to any other purposes described in the present document and in the Cookie
Policy, if available.
Users are responsible for any third-party Personal Data obtained, published or shared through
this Application and confirm that they have the third partys consent to provide the Data to the
Owner.
Shmooz WhatsApp Service
The owner may create a unique ID for each user for the purpose of sending the users input to
Chat GPT-3.5. The Owner may collect statistical data on usage of the service to improve the level
of service. This can include frequency of messages and the length of each message.
Mode and place of processing the Data
Methods of processing
The Owner takes appropriate security measures to prevent unauthorized access, disclosure,
modification, or unauthorized destruction of the Data.
The Data processing is carried out using computers and/or IT enabled tools, following
organizational procedures and modes strictly related to the purposes indicated. In addition to the
Owner, in some cases, the Data may be accessible to certain types of persons in charge, involved
with the operation of this Application (administration, sales, marketing, legal, system
administration) or external parties (such as third-party technical service providers, mail carriers,
hosting providers, IT companies, communications agencies) appointed, if necessary, as Data
Processors by the Owner. The updated list of these parties may be requested from the Owner at
any time.
Legal basis of processing
The Owner may process Personal Data relating to Users if one of the following applies:
Users have given their consent for one or more specific purposes. Note: Under some
legislations the Owner may be allowed to process Personal Data until the User objects to
such processing (“opt-out”), without having to rely on consent or any other of the
following legal bases. This, however, does not apply, whenever the processing of
Personal Data is subject to the United States data protection law;
provision of Data is necessary for the performance of an agreement with the User and/or
for any pre-contractual obligations thereof;
processing is necessary for compliance with a legal obligation to which the Owner is
subject;
processing is related to a task that is carried out in the public interest or in the exercise of
official authority vested in the Owner;
processing is necessary for the purposes of the legitimate interests pursued by the Owner
or by a third party.
In any case, the Owner will gladly help to clarify the specific legal basis that applies to the
processing, and in particular whether the provision of Personal Data is a statutory or contractual
requirement, or a requirement necessary to enter into a contract.
Place
The Data is processed at the Owners operating offices and in any other places where the parties
involved in the processing are located.
Depending on the Users location, data transfers may involve transferring the Users Data to a
country other than their own. To find out more about the place of processing of such transferred
Data, Users can check the section containing details about the processing of Personal Data.
Users are also entitled to learn about the legal basis of Data transfers to a country outside the
United States or to any international organization governed by public international law or set up
by two or more countries, such as the UN, and about the security measures taken by the Owner
to safeguard their Data.
If any such transfer takes place, Users can find out more by checking the relevant sections of this
document or inquire with the Owner using the information provided in the contact section.
We do not share any of your personal details with any third party services. In order to use
OpenAIs GPT-3 API service, we send your message to OpenAI without any personal
information attached.
Retention time
Personal Data shall be processed and stored for as long as required by the purpose they have
been collected for.
Therefore:
Personal Data collected for purposes related to the performance of a contract between the
Owner and the User shall be retained until such contract has been fully performed.
Personal Data collected for the purposes of the Owner’s legitimate interests shall be
retained as long as needed to fulfill such purposes. Users may find specific information
regarding the legitimate interests pursued by the Owner within the relevant sections of
this document or by contacting the Owner.
The Owner may be allowed to retain Personal Data for a longer period whenever the User has
given consent to such processing, as long as such consent is not withdrawn. Furthermore, the
Owner may be obliged to retain Personal Data for a longer period whenever required to do so for
the performance of a legal obligation or upon order of an authority.
Once the retention period expires, Personal Data shall be deleted. Therefore, the right of access,
the right to erasure, the right to rectification and the right to data portability cannot be enforced
after expiration of the retention period.
The rights of Users
Users may exercise certain rights regarding their Data processed by the Owner.
In particular, Users have the right to do the following:
Withdraw their consent at any time. Users have the right to withdraw consent where they
have previously given their consent to the processing of their Personal Data.
Object to processing of their Data. Users have the right to object to the processing of their
Data if the processing is carried out on a legal basis other than consent. Further details
are provided in the dedicated section below.
Access their Data. Users have the right to learn if Data is being processed by the Owner,
obtain disclosure regarding certain aspects of the processing and obtain a copy of the
Data undergoing processing.
Verify and seek rectification. Users have the right to verify the accuracy of their Data and
ask for it to be updated or corrected.
Restrict the processing of their Data. Users have the right, under certain circumstances, to
restrict the processing of their Data. In this case, the Owner will not process their Data
for any purpose other than storing it.
Have their Personal Data deleted or otherwise removed. Users have the right, under
certain circumstances, to obtain the erasure of their Data from the Owner.
Receive their Data and have it transferred to another controller. Users have the right to
receive their Data in a structured, commonly used and machine readable format and, if
technically feasible, to have it transmitted to another controller without any hindrance.
This provision is applicable provided that the Data is processed by automated means
and that the processing is based on the Users consent, on a contract which the User is
part of or on pre-contractual obligations thereof.
Lodge a complaint. Users have the right to bring a claim before their competent data
protection authority.
Details about the right to object to processing
Where Personal Data is processed for a public interest, in the exercise of an official authority
vested in the Owner or for the purposes of the legitimate interests pursued by the Owner, Users
may object to such processing by providing a ground related to their particular situation to justify
the objection.
Users must know that, however, should their Personal Data be processed for direct marketing
purposes, they can object to that processing at any time without providing any justification. To
learn, whether the Owner is processing Personal Data for direct marketing purposes, Users may
refer to the relevant sections of this document.
How to exercise these rights
Any requests to exercise User rights can be directed to the Owner through the contact details
provided in this document. These requests can be exercised free of charge and will be addressed
by the Owner as early as possible and always within one month.
Additional information about Data collection and
processing Legal action
The Users Personal Data may be used for legal purposes by the Owner in Court or in the stages
leading to possible legal action arising from improper use of this Application or the related
Services.
The User declares to be aware that the Owner may be required to reveal personal data upon
request of public authorities.
Additional information about Users Personal Data
In addition to the information contained in this privacy policy, this Application may provide the
User with additional and contextual information concerning particular Services or the collection
and processing of Personal Data upon request.
System logs and maintenance
For operation and maintenance purposes, this Application and any third-party services may
collect files that record interaction with this Application (System logs) use other Personal Data
(such as the IP Address) for this purpose.
Information not contained in this policy
More details concerning the collection or processing of Personal Data may be requested from the
Owner at any time. Please see the contact information at the beginning of this document.
How “Do Not Track” requests are handled
This Application does not support “Do Not Track” requests.
To determine whether any of the third-party services it uses honor the “Do Not Track” requests,
please read their privacy policies.
By using Shmooz.ai, you agree to be bound by these Terms of Service & Privacy Policy. If you do not agree to these terms, please do not use Shmooz.ai.
Changes to this privacy policy
We reserve the right to make changes to our terms and conditions at any time. Any changes
will be posted on this page, and your continued use of Shmooz following any changes constitutes
your acceptance of the updated terms and conditions.
Definitions and legal references
Latest update: Feb 10th, 2023
ALL Systems Operational