Our Privacy Tenet:

By default we do not collect your conversation. Period.

• You have to opt to have conversation histories saved in order for Capybara Chat to remember you.
• You will have the option to encrypt your conversation history and we will never be able to read them.
• Our business API terms with OpenAI mean that they will not use your data to train their models.

Introduction

Practical Creativity LLC d/b/a Capybara Chat (“Capybara”, “us”, “we”, or “our”) is committed to protecting and respecting your privacy. This privacy policy applies to and describes how we collect, store, use, and share personal data about you through our software, website, mobile application, documentation, and related services (together, the “Services”). References to “you” means the person whose personal data we collect, use, and process. We will manage your personal data only as described below and consistent with applicable laws. By using the Services, you acknowledge that you have read and understand this privacy policy.

Contact Us

Capybara Chat is the controller of personal data processed under this privacy policy.
For further information, to exercise your rights, or if you have any questions, please see our Security Overview or contact Capybara’s Data Protection Officer at ted@practicalcreativity.net or Attn: Data Protection Officer, 9450 SW Gemini Dr, PMB 43384, Beaverton, Oregon 97008-7105 US

What Personal Data Do You Collect & How Is It Used?

See the European Union’s General Data and Protection Regulation (GDPR) guide for details on “Lawful basis for processing.” You decide how much or how little you are comfortable sharing. If you do not provide us with certain personal data, some of the Services may not work as intended.

Account data

Details:

• Email address
• Other personal data you provide to us, including any personal identifiers like your birthdate
• Password
• Personal data you’ve allowed one of our partners to share with us
• Referral or access code (if applicable)
• Time zone (from iOS and Android apps)
• What Capybara Chat should call you

How It Is Used:

• To provide our Services, including creating an account
• To improve our Services
• For identification and authentication purposes
• To address issues like malicious use of the Services
• To maintain and uphold your preferences
• To send you communications about our Services
• To invite you to participate in relevant user experience research

Lawful Basis for Processing: Performance of a contract, Legitimate interest, Consent

Communications with us (separate from conversational data)

Details:

• Email address
• Platform
• Operating system version
• Other personal data you provide to us, including any personal identifiers or attachmentsyou share
• Selections in checklists, surveys, or term agreements

How it is used:

• To provide our Services
• To improve our Services
• To invite you to participate in ad hoc opportunities, like product feedback
• To provide user support
• To invite you to participate in relevant user experience research

Lawful Basis for Processing: Performance of a contract, Legitimate interest, Consent

Unencrypted Conversational data

Details:

• Your conversational interactions with Capybara Chat that you chose to share or not encrypt, like what you write or options you select during the conversation.

How it is used:

• To provide our Services
• To improve our Services

Lawful Basis for Processing: Performance of a contract, Legitimate interest, Consent

Encrypted Conversational data

Details:

• Your conversational interactions with Capybara Chat that you chose to encrypt, like what you write or options you select during the conversation.

How it is used:

• To provide our Services

Lawful Basis for Processing: Performance of a contract, Legitimate interest, Consent

Hardware diagnostic and login information

Details:

• Certain login information stored on your device
• Crash reports and system error logs
• Operating system, hardware, and browser version (if applicable)

How it is used:

• To provide our Services
• To improve our Services
• To invite you to participate in relevant user experience research
• For clinical partner programs (if enrolled), like supporting Single Sign-On (SSO)
• For non-clinical partner programs (if enrolled), like supporting Single Sign-On (SSO)

Lawful Basis for Processing: Performance of a contract, Legitimate interest, Consent

Survey and assessment data

Details:

• Surveys and assessments about your health or experiences
• Surveys about our Services (if applicable)

How it is used:

• To provide our Services, including to provide a personalized experience based on your responses
• To improve our Services
• To invite you to participate in relevant user experience research
• For clinical partner programs (if enrolled), to inform your care
• To share de-identified and/or aggregated data about Capybara Chat, like trends for marketing and business purposes

Lawful Basis for Processing: Performance of a contract, Legitimate interest, Consent

Usage data

Details:

• Information from Google Analytics or other analytics vendors, like website visitor or app user behavior and demographics. See: Google Analytics and Privacy and Opt Out of Google Analytics
• Internal analytics information
• Log files
• Mobile device, browser type, browser language, operating system, and Internet Protocol address
• Cookies, pixel tags, and web beacons
• Usage information, like the time of day or how often you use each tool

How it is used:

• To provide our Services
• To improve our Services, including to assess the performance of our Services
• To invite you to participate in relevant user experience research
• For clinical partner programs (if enrolled), to inform your care
• To share de-identified and/or aggregated data about Capybara Chat, like trends for marketing and business purposes

Lawful Basis for Processing: Performance of a contract, Legitimate interest, Consent

Note on our social media pages

Capybara Chat may maintain social media pages. Any personal data you share on the public sections of our social media pages is public and, unless otherwise required by applicable laws, is not covered by this privacy policy. Please exercise caution before sharing information that may identify you on the public sections of our social media pages. In addition, our Services may contain social media buttons to “Share Capybara Chat.” Use of, or sharing personal data, with a social media service will also be subject to the social media service’s terms of service and privacy policy.

Do You Share My Personal Data?

We do not share your personal data with third parties except as outlined below.

Service providers

We use third party service providers, like Amazon Web Services, that help us provide our Services. These third parties may have limited and controlled access to personal data in connection with the services they provide such as hosting or customer service. The use of personal data by service providers outside of agreed-upon service they provide is prohibited.

Partner programs

We may partner with organizations to conduct research studies or provide you with the Services through separate programs.
Program partners may include employers, hospitals, providers, or other medical and academic partners. Clinical partner programs are a specific type of partner program that include a licensed healthcare provider.
Your participation in partner programs is optional and requires your agreement with our partner for any personal data to be shared with a partner. Participation may be governed by additional terms outside this privacy policy. If you choose to participate in a partner program, we will not share:

• Your conversational interactions with Capybara Chat, like what you write or your path through a conversation, unless you give us your consent to do so

We often share:

• De-identified and/or aggregated data about how Capybara Chat users use the app and its effectiveness

If you are using the Services through a clinical program or as part of a study and you consent, we may also share:

• Identifiable data about how you’re doing such as survey responses, mood trends, or your confirmation that Capybara Chat has understood a concerning entry that’s beyond what it can support

The personal data we may share “For clinical partner programs (if enrolled)” and “For non-clinical partner programs (if enrolled),” is indicated in: What Personal Data Do You Collect & How Is It Used.

Please note that any personal data shared with a partner program is also subject to the partner program’s terms and privacy policy. We are not responsible for the processing of personal data by partner programs. Please contact the partner program if you have any questions about their documents or practices. For research programs, please see the study’s informed consent. You may also contact the study and/or its institutional review board (IRB).

Your interactions with third-party services

Our Services may link to third parties, like helplines or other resources. Any information shared with or otherwise collected by third parties is subject to the third party’s terms and privacy policy. We are not responsible for the processing of personal data by third parties relevant to these resources.

De-identified and/or aggregated data

We may use your personal data to create de-identified and/or aggregated data, like approximate location information, information about the device you use to access our Services, information about conversational trends, or other analyses we create. De-identified and/or aggregated data is not personal data and we may use and share this data as permitted by applicable law, such as with academic partners. We never share your transcripts with Capybara Chat without your consent, even de-identified.

Disclosures to protect us or others

We may access, preserve, and disclose any personal data we store associated with you to external parties if we, in good faith, believe doing so is required or appropriate to:

• Comply with law enforcement or national security requests and legal process, such as court order or subpoena;
• Protect you, our, or others’ rights, property, or safety;
• Enforce our policies or contracts; or
• Assist with an investigation or prosecution of suspected or actual illegal activity

Transferring personal data outside of the country you reside in or are currently located

Your personal data may be transferred, stored, and processed in one or more countries outside of the country you reside in or are currently located in, which may have data protection laws that are different from the laws where you reside or are currently located. When processing personal data outside of the country you reside or are currently located in, we take additional steps in an effort to ensure our international transfer of personal data is consistent with applicable law.

If we transfer personal data which originates in the European Economic Area, Switzerland, and/or the United Kingdom to a country that has not been found to provide an adequate level of protection under applicable data protection laws, one of the safeguards we may use to support such transfer is the EU Standard Contractual Clauses.

If you have additional questions about our international transfers of personal data, please Contact Us.

Disclosure in the event of merger, sale, or other asset transfers

If we are involved in a merger, acquisition, financial due diligence, reorganization, bankruptcy, receivership, purchase or sale of assets, or transition of service to another provider, your information may be sold or transferred as part of such a transaction, as permitted by law and/or contract.