Privacy Notice

EverAI Limited ("EverAI", "we", "us" or "our") is the Controller for the processing implemented through this website accessible at https://winkme.ai/ and/or any affiliated website to which visitors or users may be redirected (the "Services"). EverAI is duly incorporated in the Republic of Malta, having its address at 56 Central Business Centre, Triq Is-Soll, Santa Venera SVR 1833, Malta, and registered with the Malta Business Registry under the number C107181.

The Services are an online chat application that uses artificial intelligence algorithms to generate virtual and fictional characters (the "AI Companions"), with whom you as a user of the Services ("you") can chat and exchange messages.

This Privacy Notice details how EverAI collects, uses, discloses and handles your Personal Data for the Services and, as applicable, your rights under the European Union's General Data Protection Regulation 2016/679 (EU GDPR), the UK Data Protection Act 2018 (UK GDPR), the Federal Act on Data Protection 235.1 (FADP), as well as non-European data protection laws including the California Consumer Privacy Act ("CCPA").

By using the Services, you agree that you have read and understood our Privacy Notice, as well as our Cookies Notice, which is incorporated here by reference.

1. Definitions

• Content: the information that you provide in order to register as a User and/or in the course of using our Services.
• Consent: any freely given, specific, informed and unambiguous indication of your wishes by which you signify agreement to the Processing of Personal Data relating to you.
• Controller: the natural or legal person who determines the purposes and means of the Processing of Personal Data (EverAI).
• Data Subject: an identified or identifiable natural person.
• Personal Data: any information relating to Data Subjects, such as name, address, date of birth, gender, photos, account number, location data.
• Processing: any operation performed on Personal Data, whether or not by automated means.
• Subscription: an arrangement between EverAI Limited and you to enable you to use the Services.
• User, you and your: collectively a person that has visited or is using the Services.
• Visitor: anyone who is browsing the Services without a valid Account and/or valid Subscription.

2. Purposes of Personal Data Processing

We collect and process personal data for the following purposes: account management, customization of AI Companions, generation of images, interactive chat, voice calls, user preference management, customer support, service improvement, internal research, quality assurance, data analysis, AI model training, content moderation, payment processing, marketing (with opt-in consent), and compliance with legal obligations.

3. Marketing

We may send you marketing about our Services, newsletters and invitations to events which we believe might be of interest to you.

If you do not wish to receive marketing information, you can unsubscribe by clicking the 'Unsubscribe' link in a marketing email or contacting us.

4. Third Party Marketing

We will get your express opt-in Consent before we share your Personal Data with any company outside EverAI for marketing purposes.

5. Disclosing your Personal Data

We generally only disclose your personal data to third parties for the provision of Services, if we have a legitimate interest, if we have your consent, or where required by law.

We work with third-party service providers including payment service providers, hosting providers, email marketing tools, affiliate partner tools, moderation tool providers, and third-party LLM providers.

6. Retention Period

We retain your Personal Data for as long as your account exists or as necessary to fulfill the purposes for which we collect it. Generally:

• Account data: three years after last activity, or until deletion request
• Financial/transactional data: ten years
• Marketing data: until consent withdrawal, or two years after last interaction

7. Personal Data of minors

EverAI Limited does not provide Services or collect Personal Data from anyone under 18 years of age. Our Services are intended for use only by adults.

8. Third-party links

The Services may include links to third-party websites. We do not control these and are not responsible for their privacy statements.

9. Your Rights under the GDPR

• 9.1 Right to access your Personal Data
• 9.2 Right to rectification
• 9.3 Right to erasure
• 9.4 Right to request restriction of Processing
• 9.5 Right to portability
• 9.6 Right to withdraw your Consent
• 9.7 Right to object to Processing
• 9.8 Right to object to direct marketing

10. Right to obtain a copy of Personal Data safeguards used for transfers outside Europe

You can ask to obtain a copy of the safeguards under which your Personal Data is transferred outside of the EU, UK or Switzerland.

11. Contacting us, Complaints

You have a right to lodge a complaint with your local supervisory authority.

Privacy Team Email: support@winkme.ai

Mailing Address: EverAI Limited, 56 Central Business Centre, Triq Is-Soll, Santa Venera SVR 1833, Malta.

12. Data Security

We have put in place appropriate security measures to prevent your Personal Data from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed.

13. Changes to the Privacy Notice

We may revise this Privacy Notice from time to time. By continuing to use our Services thirty days after such revisions are in effect, you will be deemed to accept and agree to the revisions.