Fission AI, Inc. (“Fission AI,” “we,” “us” or “our”) makes OpenSpec. This Privacy Policy describes how Fission AI processes personal information that we collect through our websites, software and services that link to this Privacy Policy, as well as our marketing activities (collectively, the “Service”).
If you are located in the European Economic Area or the United Kingdom (“Europe”), please also see the Notice to European users section below.
Personal information we collect
Information you provide to us. Personal information you may provide to us through the Service or otherwise includes:
- Contact data, such as your first and last name, email address, professional title and company name.
- Profile data, such as the username and other information associated with an account you create on the Service or link to it.
- Communications data based on our exchanges with you, including when you contact us through the Service, social media or otherwise.
- Marketing data, such as your preferences for receiving our marketing communications and details about your engagement with them.
- User content and input data, such as code, specifications, prompts, files, comments, messages and other content or information that you generate, transmit or otherwise make available on the Service, as well as associated metadata.
- Other data not specifically listed here, which we will use as described in this Privacy Policy or as otherwise disclosed at the time of collection.
Third-party sources. We may combine personal information we receive from you with personal information that we obtain from other sources, such as service providers that help us operate the Service, and third-party services you use to log into, or otherwise link to, your Service account. Data from those services may include your username, email address and other information made available to us based on your account settings on that service.
Automatic data collection. We, our service providers and our business partners may automatically log information about you, your computer or device, and your interaction over time with the Service and our communications, such as:
- Device data, such as your operating system type and version, browser type, device type, IP address, unique identifiers, language settings, and general location information such as city, state or geographic area.
- Online activity data, such as pages or screens you viewed, how long you spent on a page or screen, the website you visited before browsing to the Service, features you used, access times and duration of access, and whether you have opened our emails or clicked links within them.
- Usage and diagnostic data, such as information about how the Service performs, the features you use, and errors you encounter.
Cookies and similar technologies. Some of our automatic data collection is facilitated by cookies, local storage and similar technologies, which we use for analytics and to remember your preferences.
How we use your personal information
We may use your personal information for the following purposes or as otherwise described at the time of collection:
Service delivery and operations. We may use your personal information to provide the Service; enable security features of the Service; establish and maintain your account; communicate with you about the Service, including by sending Service-related announcements, updates, security alerts, and support and administrative messages; and provide support for the Service and respond to your requests, questions and feedback.
Service improvement and analytics. We may use your personal information to analyze your usage of the Service, improve the Service and the rest of our business, help us understand user activity on the Service, and develop new products and services.
Direct marketing. We may send you direct marketing communications. You may opt out of our marketing communications as described in the Your choices section below.
Compliance and protection. We may use your personal information to comply with applicable laws, lawful requests and legal process; protect our, your or others’ rights, privacy, safety or property (including by making and defending legal claims); audit our internal processes for compliance with legal and contractual requirements or our internal policies; enforce the terms and conditions that govern the Service; and prevent, identify, investigate and deter fraudulent, harmful, unauthorized, unethical or illegal activity, including cyberattacks and identity theft.
Aggregated, de-identified and anonymized data. We may create aggregated, de-identified and/or anonymized data from your personal information and other individuals whose personal information we collect. We make personal information into de-identified and/or anonymized data by removing information that makes the data identifiable to you. We may use this data and share it with third parties for our lawful business purposes, including analyzing and improving the Service and promoting our business.
Further uses. In some cases, we may use your personal information for further uses, in which case we will ask for your consent if those uses are not compatible with the purpose for which the information was collected.
Retention
We generally retain personal information to fulfill the purposes for which we collected it, including for the purposes of satisfying any legal, accounting or reporting requirements, establishing or defending legal claims, or for fraud prevention purposes. To determine the appropriate retention period, we may consider the amount, nature and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure, the purposes for which we process it and whether we can achieve those purposes through other means, and applicable legal requirements. When we no longer require the personal information, we may delete it, anonymize it or isolate it from further processing.
How we share your personal information
We may share your personal information with the following parties, or as otherwise described in this Privacy Policy or at the time of collection:
- Affiliates. Our corporate parent, subsidiaries and affiliates.
- Service providers. Third parties that provide services on our behalf or help us operate the Service or our business, such as hosting, information technology, authentication, customer support, AI processing, email delivery, marketing and analytics.
- Third parties designated by you. Third parties where you have instructed us or provided your consent to do so, including services you connect to the Service.
- Linked third-party services. If you log into the Service with, or otherwise link your account to, a third-party service, we may share your personal information with that service. Its use of the information is governed by its privacy policy and your account settings with it.
- Professional advisors. Professional advisors, such as lawyers, auditors, bankers and insurers, in the course of the professional services they render to us.
- Authorities and others. Law enforcement, government authorities and private parties, as we believe in good faith to be necessary or appropriate for the compliance and protection purposes described above.
- Business transferees. Parties to actual or prospective business transactions, such as investments in or financing of Fission AI, or the sale, transfer or merger of all or part of our business, assets or shares, including an acquirer, successor or assignee, and in the event of an insolvency, bankruptcy or receivership.
Your choices
Access or update your information. If you have an account with us, you may review and update certain account information by logging into the account.
Opt out of communications. You may opt out of marketing-related emails by following the unsubscribe instructions in the email or by contacting us. You may continue to receive service-related and other non-marketing emails.
Cookies and similar technologies. Most browsers let you remove or reject cookies and clear local storage. If you do, some features of the Service may not work properly.
Do Not Track. Some browsers may be configured to send “Do Not Track” signals to the online services that you visit. We currently do not respond to “Do Not Track” signals.
Declining to provide information. We need to collect personal information to provide certain services. If you do not provide the information we identify as required, we may not be able to provide those services.
Linked third-party platforms. If you connect to the Service through a third-party platform, you may be able to use your settings with that platform to limit the information we receive from it. Revoking our access will not apply to information we have already received.
Other sites and services
The Service may contain links to, or integrate with, websites, applications and other online services operated by third parties. These links and integrations are not an endorsement of, or representation that we are affiliated with, any third party. We do not control third-party services and are not responsible for their actions. We encourage you to read the privacy policies of the other services you use.
Security
We employ technical, organizational and physical safeguards designed to protect the personal information we collect. However, security risk is inherent in all internet and information technologies, and we cannot guarantee the security of your personal information.
International data transfer
We are headquartered in the United States and may use service providers that operate in other countries. Your personal information may be transferred to the United States or other locations where privacy laws may not be as protective as those in your state, province or country.
Children
The Service is not intended for use by anyone under 18 years of age. If you are a parent or guardian of a child from whom you believe we have collected personal information in a manner prohibited by law, please contact us. If we learn that we have collected personal information from a child in a manner prohibited by law, we will comply with applicable legal requirements to delete the information.
Changes to this Privacy Policy
We reserve the right to modify this Privacy Policy at any time. If we make material changes, we will notify you by updating the date of this Privacy Policy and posting it on the Service or by other appropriate means. Any modifications will be effective upon our posting the modified version, unless otherwise indicated. Your use of the Service after the effective date of any modified Privacy Policy indicates your acknowledgment that it applies to your interactions with the Service and our business.
How to contact us
If you have questions about our practices, or would like to exercise any privacy right available to you, email us at [email protected].
Notice to European users
Where this notice applies. This section applies only to individuals in Europe. References to “personal information” in this Privacy Policy include “personal data” as defined in the EU and UK General Data Protection Regulation (the “GDPR”).
Controller. Fission AI is the controller of the personal information covered by this Privacy Policy for purposes of the GDPR. When we process personal information on behalf of a customer, that customer is the controller and we process it under the customer’s instructions.
Legal bases for processing. We use your personal information only where we have a legal basis to do so: where it is necessary to perform a contract with you, such as to provide the Service (“Contractual Necessity”); where it is necessary for our legitimate interests and your interests and fundamental rights do not override those interests, such as securing, analyzing and improving the Service and promoting our business (“Legitimate Interests”); where we need to comply with a legal or regulatory obligation (“Compliance with Law”); and where we have your consent, for example for certain cookies or marketing communications (“Consent”).
Your rights. If you are located in Europe, you may ask us to:
- Access your personal information and receive information about our processing of it.
- Correct inaccuracies in your personal information.
- Delete your personal information where there is no good reason for us to continue processing it.
- Transfer a machine-readable copy of your personal information to you or a third party of your choice.
- Restrict the processing of your personal information.
- Object to our processing where we rely on Legitimate Interests, including for direct marketing.
- Withdraw consent at any time where we rely on Consent, without affecting the lawfulness of earlier processing.
You may submit these requests by email to [email protected]. We may request specific information from you to confirm your identity. If we reject a request, we will tell you why, subject to legal restrictions. You also have the right to lodge a complaint with the data protection regulator where you live.
Transfers outside Europe. We are a U.S.-based company, and many of our service providers are also based in the U.S. Where we transfer your personal information to a country that has not been found to provide an adequate level of protection, we use appropriate safeguards, such as standard contractual clauses approved by the relevant authorities, or rely on an exception permitted by the GDPR.