Privacy Policy

Introduction

Mako AI, Inc. (“Company,” “our,” “we”) respects your privacy and is committed to protecting it through our compliance with this Privacy Policy. This Privacy Policy is part of our Terms of Use available here . In this Privacy Policy we describe the types of information we may collect from you or that you may provide when you use our websites (the “Platform”) and the services we offer through our websites (collectively, the “Services”), including the deployment of the Platform and Services on your cloud or business platform, plus our practices for collecting, using, protecting, and disclosing that information. This Privacy Policy does not apply to information collected by any third party, including through any application or content that may link to or be accessible from or on the Platform. Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it, as you agree to this Privacy Policy by using the Platform and/or creating an account on the Platform. If you do not agree with our policies and practices, do not use the Platform or the Services.

Key Privacy Commitments

Privacy for your data is at the core of our business model, and when you use our Platform we agree:

We do not share your data with other Platform customers.
We do not share your data with any external service providers or partners, apart from vetted foundational model providers like OpenAI and Google.
We do not use your data to train models that are accessible to other Platform customers More information on how we protect the privacy of your data is throughout this Privacy Policy. This policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of this Platform after we make changes is deemed to be acceptance of those changes.

Information We Collect And How We Collect It

The information we collect is used by the Company to identify users and provide them with Services, support, sales and marketing, billing, and to meet contractual obligations. While the Platform requires minimal personal information for its use, we do collect some types of information from and about users of the Platform, including:

Information needed to create a unique Platform account through which individual users can use the Platform and Services for their organization, such as name, email address, phone number, and other information you voluntarily add to your Platform profile;
Information about the organization that is subscribing to the Services for use in its business activities, such as name, address, tax ID number, and business type;
Information from the organization that is subscribing to the Services for use in its business activities, such as the information contained within its own cloud or business platform, documents, files, and other organization documents which may or may not include the organization’s sensitive information and/or personal information, if voluntarily entered by the user;
Custom test cases and Inputs entered into the Platform for use in the Services, which may include personal information, if voluntarily entered by the user;
Billing information used to pay for the Services, such as credit card / bank account information, address, and billing contact information;
Outputs generated by users for use in the Services, which may include personal information;
Information that is ascertained through our use of third-party applications, including but not limited to your user behavior and trends;
Other information voluntarily entered by users, such emails or other communications to the Company for support purposes; and
Information about your internet connection, the equipment you use to access the Platform, and Platform usage details. We collect this information in two ways, including:
Directly from you when you provide it to us, such as signing up for an account.
Automatically as you navigate through the Platform, such as usage details, IP addresses, web browser preferences, and information collected through cookies and other tracking technologies. Although we do not correlate tracking information to individuals, some information collected, such as IP addresses, will be unique. In some countries, including countries in the EEA, the information referenced above in this Privacy Policy may be considered personal information under applicable data protection laws. If you do not want us to collect this information, do not use the Platform.

A Note about User Contributions:

You may provide information to be published or displayed (hereinafter, “posted”) on public and nonpublic areas of the Platform, or transmitted to other users of the Platform, Company, or third parties (collectively, “User Contributions”). Your User Contributions are only posted within your organization’s internal Platform account, so they can only be viewed by users who have been given access by your organization, or with the Company, but they are still posted and transmitted to others at your own risk. We cannot control the actions of other users of the Platform with whom you may choose to share your User Contributions. Additionally, account administrators for each organization give access to the organization’s internal Platform account in their sole discretion and we do not separately verify the veracity or credibility of any Platform users. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons. By publishing, posting, and/or contributing a User Contribution to the Platform, you hereby grant (and agree to grant) Company a license to use, store, display, reproduce, alter, distribute (in any form and fashion at our sole discretion) any User Contribution. We reserve the right, at the Company’s sole discretion, to remove, either temporarily or permanently, any User Contribution for any reason whatsoever. However, our right to remove any User Contribution does not obligate the Company to police, review, or verify User Contributions in any way. The Company is not liable for any User Contributions.

How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information:

To develop, provide, and improve the Platform and its services to you.
To provide you with information, products, or services that you request from us.
To provide you with notices about your account.
To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
To notify you about changes to the Platform or any products or services we offer or provide though it.
To allow you to participate in interactive features on our Platform.
For any other purpose with your consent.
In any other way we may describe when you provide the information. We may also use your information to contact you about our own and third-parties’ goods and services that may be of interest to you. If you do not want us to use your information in this way, please email support@makoai.com or adjust your user preferences in your account profile. For more information, see Choices About How We Use and Disclose Your Information.

Sharing and Disclosure of Your Information

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction. We may disclose personal information that we collect or you provide:

To any third parties that own, host, and/or operate the platform or outputs you wish to generate for your organization, including your organization.
To other users in your organization who also have access to your organization’s internal Platform account(s); we do not share your data with any customers or users outside of your organization’s internal Platform account.
To contractors, service providers, employees, and other third parties we use to support and operate our business, including the third parties listed below under Third-Party Use of Cookies and Other Tracking Technologies. For example, the Company may use OpenAI, a crucial service provider in providing Services to you through the Platform. When the Services are deployed through the Platform within your organization, we may share your personal information with OpenAI to provide you with the Services.
To our subsidiaries and affiliates.
To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the Company’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which information held by the Company about the Platform users is among the assets transferred.
To fulfill the purpose for which you provide it. For example, if you provide your email to join our waiting list, we will use the email you provide to keep you informed about this waiting list.
To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our users, or others.
For any other purpose disclosed by us when you provide the information.

Data Retention

We retain personal information we collect from you where we have an ongoing legitimate business need to do so (for example, to provide you with a service you have requested or to comply with applicable legal, tax, or accounting requirements). When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible. Accessing and Correcting Your Information You can review and change your personal information by logging into the Platform and visiting your account profile page. You may also send us an email at support@makoai.com to request access to, correct, or delete any personal information that you have provided to us. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect. If you delete your User Contributions from the Platform, copies of your User Contributions may remain viewable in cached and archived pages, might have been copied or stored by other Platform users, or may be retained by the Company for future use in promotional, advertising, and/or marketing by the Company. Proper access and use of information provided on the Platform, including User Contributions, is governed by our Terms of Use.

Do Not Track Settings

The Company does not track its customers over time and across third party websites to provide targeted advertising, and therefore does not respond to Do Not Track (DNT) signals. However, some third party websites track your browsing activities when you use their websites so that they can tailor their content to your preferences. If you are visiting such sites, your web browser may allow you to set the DNT signal on your browser so that third parties (particularly advertisers) know you do not want to be tracked.

Third-Party Use of Cookies and Other Tracking Technologies

The Platform, which is hosted by Webflow and Google Cloud Platform, may use third-party analysis and tracking services to track the performance of our users, Platform and Services, understand how you use the Platform and our Services, and to assist us in offering you an improved and safer experience. By using these third party services, the Company is necessarily sharing your information with these third-party analysis and tracking service companies to receive their services. Information on your usage of our Services may be collected and processed by the Company or a third party engaged by the Company using a unique identification number assigned to you. Such usage information will be deleted as soon as practicable after this information is no longer required for the purpose collected. You may wish to consult the privacy policy of the third party service engaged by Company to better understand how this third party may use/access your data. For example, Google Cloud Platform’s Privacy Policy can be found here, Webflow’s Privacy Policy can be found here, and you are encouraged to consult these privacy policies and contact Google Cloud Platform and/or Webflow should you have any questions. In addition, Company currently employs the use of OpenAI to provide you with the Services. You can find OpenAI’s privacy policy here, and you are encouraged to consult this privacy policy and contact OpenAI should you have any questions about their privacy policies.

Your Consent for Company Tracking and Analysis

By using the Platform and the Services you consent to the Company’s usage of cookies and the below third-party services on the Platform, and agree that the Company may collect your usage data under a unique identifier and/or in an aggregated manner, for the purposes of tracking, analyzing, and improving our Services. You may withdraw your consent at any time, by either disabling cookies on your device or following the instructions on how to withdraw your consent individually for each third-party provider the Company uses for its third party tracking and analysis services, as described below.

Cookies and Web Beacons

Through our use of Google Cloud Platform and Webflow, we may use cookies for the Platform, which are small text files that are intended to make the Platform better for you to use. In general, cookies are used to retain preferences, store information for features like shopping carts, and provide tracking data to third-party applications like Google Analytics. You can prevent cookies from being stored on your computer by changing your browser settings; however, if you choose to do this, your experience when using the Platform and the Services may be altered. We suggest consulting the help section of your browser or doing your own research on how to disable cookies in your web browser. If you turn on the “Do Not Track” (“DNT”) setting in your browser, this setting will not be considered by the Platform. Even if this is enabled, we continue to track users for the reasons described in this Privacy Policy. The DNT standard isn’t widely supported, and even popular and trusted platforms such as Google Analytics do not respect it. Please note that linked third-party websites, such as our social media websites, may also use cookies. We cannot control the use of cookies by these third-party websites. For example, when you click on a link from the Platform to a third-party website, that website may have the ability to recognize that you have come from the Platform by using cookies. If you have any questions about how third-party websites use cookies, you should contact such third parties directly. We may also employ software technology known as “web beacons” or “clear GIFs,” which helps us keep track of what content on the Platform is effective. Web beacons are small graphics with a unique identifier that are used to track the online movements of Internet users. Web beacons are embedded in the web pages you review, so they are not stored on your hard drive. The web beacons we may use will not track or collect any personally identifiable information about you and they are in no way linked to your personally identifiable information. For information about how you can opt out of receiving targeted advertising from many providers, see Choices About How We Use and Disclose Your Information.

Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information: Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly. We do not control third parties’ collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website.

Your California Privacy Rights

California Civil Code Section § 1798.83 permits users of the Platform that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to support@makoai.com.

Children Under the Age of 13

The Platform is not intended for children under 13 years of age and you are not allowed to use the Platform or provide information on it if you are under 13 years of age. If we learn we have received personal information from or about a child under 13 without verification of parental consent, we will delete that information immediately. If you believe we might have any information from or about a child under 13, please contact us immediately at support@makoai.com. If you are based in the European Economic Area (“EEA”) you may only use the Platform if you are over the age at which you can provide consent to data processing under the laws of your country or if verifiable parental consent for your use of the Platform has been provided to us.

Transferring your information

The Company is a worldwide service. By using the Platform, you authorize us and/or our service providers (such as OpenAI, Google Cloud Platform, and Webflow) to transfer and store your information outside your home country, including in the United States, for the purposes described in this policy. The privacy protections and the rights of authorities to access your information in these countries may not be the same as in your home country. We take additional measures when information is transferred from the European Economic Area (EEA). This includes having standard clauses approved by the European Commission in our contracts with parties that receive information outside the EEA. We also rely on European Commission adequacy decisions about certain countries, as applicable, for data transfers to countries outside the EEA.

Data Security

We have implemented measures designed to secure your and/or your company’s personal and non-personal information from accidental loss and from unauthorized access. For example, access by a user to his or her personal information is available through a password and unique email address provided by the user. This information is encrypted through the Platform with Secure Socket Layer technology (SSL) and is also encrypted when it is stored by us to prevent unauthorized parties from viewing such information. We also use industry-standard, trusted services to create and manage users’ cryptographic keys. Also, we perform regular malware scanning of the Platform and all servers and computers used by us to support the Platform. All Company employees are required to adhere to our security and confidentiality procedures and undergo training related to maintaining the security of user personal information. Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to the Platform. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Platform.

EEA Users

You have options in relation to the information and data that we have about you. To exercise any of the options discussed below, please contact us at support@makoai.com. As a user of the Platform and the Services, you may exercise your user rights to:

Request information on your personal data processed by the Company. Upon your request, this information will be provided to you electronically. If you reside in the EU or Switzerland, you may access your information by sending a request to the Company at the address specified in “Contact Us” information below. If you reside in California and have provided your personally identifiable information to us, you may request information once per calendar year about our disclosures of certain categories of your personally identifiable information to third parties for their direct marketing purposes. Such requests must be submitted in writing using the email address in the “Contact Us” section below.
Gain access to your information by requesting a backup of your data in a format that is readable by other companies or organizations (data portability). We will make an effort to share this information with you within a reasonable time.
Correct or delete your information in your profile settings available through the Services.
Withdraw your consent from data processing at any time by deleting your account. You may also contact support@makoai.com. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent.
Request the complete deletion of your data, including all past data sent to third-party services used for tracking and analysis, by reaching out to support@makoai.com. Your data will be deleted within 90 days. We will not delete the posts or comments you’ve written and shared publicly, including on social media or in any review.
Log a complaint with the relevant supervising authority if you believe the Company is processing your personal data under violation of applicable data protection regulations. For more information, please contact your local data protection authority. We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws.

Legal Basis for Processing Personal Information

Our legal basis for collecting and using the personal information described in this Privacy Policy will depend on the personal information concerned and the specific context in which we collect it. However, we will normally collect personal information from you only (i) where we need the personal information to perform a contract with you, such as providing Services that you or the organization you are affiliated with requested from us; (ii) where the processing is in our legitimate interests and not overridden by your rights; or (iii) where we have your consent to do so. We have a legitimate interest in operating our Platform and communicating with you as necessary to provide these Platform, for example when responding to your queries, improving our Platform, undertaking marketing, or for the purposes of detecting or preventing illegal activities. In some cases, we may also have a legal obligation to collect personal information from you or may otherwise need the personal information to protect your vital interests or those of another person. If we ask you to provide personal information to comply with a legal requirement or to perform a contract with you, we will make this clear at the relevant time and advise you whether the provision of your personal information is mandatory or not (as well as of the possible consequences if you do not provide your personal information).

Third Party Links

The Platform may contain links that lead to other websites, and the Company is not responsible for the privacy practices, content, and/or activities of these linked websites. Nonetheless, we seek to protect the integrity of the Platform and welcome any feedback about these external websites.

Changes to Our Privacy Policy

We will post any changes we make to our privacy policy on this page and you will be notified of any material changes on the Platform home page and in an email to the most recent email address that you provided to us, if any.

Contact Information

To ask questions or comment about this Privacy Policy and our privacy practices, contact us at support@makoai.com.
Last modified: February 16, 2024