Thank you for choosing Particle!

We are committed to protecting your privacy! Since we provide our services on a worldwide basis, we must comply with many data protection laws. Given that we are based in Singapore, the Personal Data Protection Act (PDPA) is of primary importance; however, other regulations may apply, such as not limited to the General Data Protection Regulation (GDPR – Regulation (EU) 2016/679) if you are based in the EU or the UK Data Protection Act 2018 and the UK GDPR for users in the United Kingdom, and the Swiss Federal Act on Data Protection (nFADP) for users in Switzerland.

This Privacy Policy also applies to consumers residing in US States that have adopted comprehensive consumer privacy laws currently in effect (US State Privacy Laws) and supplements this Privacy Policy where applicable. Because certain US State laws impose different requirements, this Policy provides specific additional notices: the first dedicated to California residents only (CCPA Privacy Notices) and the second concerning California and other residents of one or more states with consumer privacy laws requiring such information (CCPA and Other State Specific Notices).

In respect to consumers whom reside in the Kingdom of Saudi Arabia this private policy shall be governed by Saudi Protecting Personal Information Act in its relevant regulations.

According to the definition of “data controller” under the GDPR – namely: the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law – Particle Pte. Ltd., with registered office in 111 SOMERSET ROAD, #08-10A – Singapore (238164), Company number 202022783N, is the Data Controller.

If you have any questions or concerns regarding your personal information, please contact us at [email protected].

When you use our mobile application or our web application (“App”) and, more generally, any of our services (“Services”) the present privacy policy applies. For Creators, the App also includes access to a dedicated web dashboard (“Dashboard”), which allows the use of specific features and the creation of content to be made available on the App. This Privacy Policy also applies to individuals whose personal data may be included in content uploaded on the App.

During your use of the App, personal data may be disclosed to Creators to enable the provision of the requested services, including the purchase of products or services offered by them, as further detailed in the purposes set out in this Privacy Policy. Each Creator acts as a Data Controller, and Users are advised to consult the privacy policy provided by the respective Creator for any further processing.

1. Processing of information (purposes and legal bases)

We collect personal information that you provide to us when you register on the App, either as a User or as a Creator, when you contact us and, more generally, when you use our Services. This may include the information you share while interacting with the App. We may also collect your personal data if that is included within the content uploaded by the Creator on the Dashboard.

In order to provide you with the Services, we collect information including the following:

Identifiers: such as name, surname, e-mail address, postal address, postal code, phone number, IP address, payment information, identifiers from the devices you use to connect);
Activity information: such as your interactions with the App, including the Dashboard, or Services, such products considered or purchased, as well as payment information; this may include commercial choices, preferences or habits);
Social media login data: identifiers and other personal data which may be necessary to register on the App. Please visit your social media’s privacy policies for more information;
Creators’ content and information therein, where applicable.

We use your personal information for several purposes linked to our App and, more generally, to the provision of our Services. For each of the following purposes, the GDPR requires a legal basis.

Such purposes are the following:

To create and let you access your account on the App, as well as to manage any requests for information you may direct to us including with the support of AI tools such as ChatGPT. For the present purposes, the processing of your personal data is necessary for the performance of a contract to which you are party or in order to take steps at your request prior to entering into a contract.
To send you commercial communications by e-mail regarding products or services similar to those you have already purchased (“soft spam”). For the present purpose, the processing of your personal data is necessary to achieve our legitimate interests.
To send you commercial communications. For the present purpose, the processing of your personal data is solely based on your consent.
To send you customised commercial communications, including suggestions related to potential purchases, based on the analysis of your interactions with the App and, more generally, with our Services (including past purchases and behavioral data collected via cookies and similar tracking technologies). For the present purposes, the processing of your personal data is solely based on your consent.
Sending push notification. For the present purposes, the processing of your personal data is solely based on your consent.
To process your purchases made on our App. If you are a User, when you purchase a product or service from a Creator, we will disclose your personal data to the Creator in order to enable the provision of the requested product or service. For the present purposes, the processing of your personal data is necessary for the performance of a contract to which you are party. For all processing activities necessary to provide the purchased product or service or if you purchase a product or service directly on the Creator’s website, the Creator acts as a Data Controller. Therefore, with regard to any further processing carried out by the Creator, you should refer to the privacy policy made available by the respective Creator.
To communicate your personal data to the Creators and other stakeholders in the cultural and entertainment business for their own marketing purposes. For the present purpose, the processing of your personal data is solely based on your consent.
To allow access to the App’s features, support content creation and interactions, and make such content and functionalities available to Users through the App, including the Dashboard. For the present purposes, the processing of your personal data is necessary for the performance of a contract to which you are party or in order to take steps at your request prior to entering into a contract.
With respect to data uploaded by Creators, and solely in connection with the use of the App features described above, we process such data in order to generate summaries through an integrated Generative AI tool which are then made available to Users via the App. The content uploaded by Creators will not be used to train the underlying AI models. For the present purpose, when the uploaded content depicts the Creator themselves, the Creator is considered a data subject, and the processing of personal data is necessary for the performance of a contract to which the Creator is a party. When the content depicts other individuals, the processing of their personal data is solely based on their consent, which can be withdrawn at any time, without affecting the lawfulness of processing based on consent before its withdrawal. Creators are responsible for obtaining all necessary permissions to use any personal data of individuals appearing in the uploaded content, as outlined in Particle’s Terms of Service, and for providing those individuals with the present privacy policy in accordance with Article 14 of the GDPR.
To generate aggregated statistics to be communicated to the Creator, provided that such statistics remain anonymized and do not permit the identification of any User. For the present purposes, the processing of your personal data is based on our legitimate interests.
To comply with applicable law and legal process and to respond to requests from public and government authorities, including those outside your country of residence. For the present purposes, the processing of your personal data is based on the legal obligations to which we are subject.
To protect our Services, i.e. to keep our App safe and secure, to prevent fraud, and to analyse and develop internal aggregated statistics to improve our Services. For the present purposes, the processing of your personal data is based on our legitimate interests.

The provision of your personal data is necessary for the purposes based on the performance of a contract. Without your personal information, we would not be able to provide you with our Services. For purposes based on your consent, the provision of your personal data is optional. However, without such provision, we will not be able to process your personal data for those purposes.

2. Disclosure of information

Your personal data will not be disseminated. In any case, we may disclose your information to third parties to perform Services on our behalf or to help us provide our Services to you (e.g.: consultants and professionals; IT, administrative and business support providers; public bodies or authorities; credit or insurance institutions). We may share or transfer your information in connection with any merger, sale, financing or acquisition of our business to another company. When a Creator uploads content to the App, the data contained therein will be made available to all users. We may allow third parties to use tracking technology on the App, including the Dashboard, which will enable them to collect data on our behalf about how you interact with our App over time.

Such third parties might act as independent data controllers or data processors, pursuant to the relevant GDPR definitions. For an updated list of our data processors, please contact [email protected].

Moreover, both the aforementioned data processors and other recipients, such as those acting under our authority, have received detailed instructions regarding the processing of your personal data.

3. International data transfers

In case we transfer personal information to countries outside of the EEA, in the course of sharing information, we will ensure that such personal information is transferred in accordance with the GDPR and with the applicable data protection laws. More specifically, we ensure that, in case of a transfer of personal data to a third country which is not considered to be adequate pursuant to Article 45 GDPR, we will adopt the measures enshrined in the following articles of Chapter V of the GDPR, including appropriate contractual, technical and organisational measures.

4. How long do we keep your information?

We will retain your information as long as necessary to fulfill the purposes outlined above, unless required by legal obligations (e.g., tax requirements) to keep them for a longer period of time.

5. Your privacy rights

You can request access to your personal information or correct or update out-of-date or inaccurate personal information we hold about you. You may also request that we delete personal information that we hold about you.

You can object to processing of your personal information, ask us to restrict the processing of your personal information, or request portability of your personal information; if we have collected and processed your personal information with your consent, then you can withdraw your consent at any time; withdrawing your consent will not affect the lawfulness of any processing we conducted in reliance on lawful processing grounds other than consent.

You also have the right to lodge a complaint with a Data Protection Authority about our collection and use of your personal information, in particular in the Member State in which you habitually live or work or in the place where the alleged violation took place. For residents of the United Kingdom, the competent supervisory authority is the Information Commissioner’s Office (ICO). For residents of Switzerland, the competent authority is the Swiss Federal Data Protection and Information Commissioner (FDPIC). Nevertheless, we encourage you to contact us first with any questions, concerns, or complaints regarding the processing of your personal data so that we may attempt to address and resolve them directly.

To exercise your rights, please contact us at [email protected].

6. CCPA Privacy Notice

This privacy notice applies to California residents. According to the CCPA, “residents” are:

Every individual who is in the State of California for other than a temporary or transitory purpose; and
Every individual who is domiciled in the State of California who is outside the State of California for a temporary or transitory purpose.

If the definition of “resident” suits you, we must adhere to certain rights and obligations regarding your personal information.

Personal Information We Collect. We collect information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household (“CCPA personal information”). We have collected categories of CCPA personal information (see Processing of Information (purposes and legal basis) section of this Privacy policy) within the last twelve (12) months.
Use of CCPA personal information. We use categories of CCPA personal information listed above for the purposes listed in the “Processing of Information (purposes and legal basis) section of this Privacy policy.
Categories of CCPA personal information disclosed for a business purpose. We disclose the categories of CCPA personal information noted in the Processing of Information (purposes and legal basis) section of this Privacy policy for business purposes. Specifically, we disclose these categories of information for business purposes to the following categories of third parties: consultants and professionals; IT, administrative and business support providers; public bodies or authorities; credit or insurance institutions.
Sources of CCPA personal information. We explain our sources of information in the Processing of Information (purposes and legal basis) section of this Privacy policy. (Please see that section for more information.)

Your rights under the CCPA

You have the right to request that we disclose: what categories and specific pieces of CCPA personal information have been collected about you; the categories of sources from which CCPA personal information are collected; our business or commercial purpose for collecting, using, or disclosing CCPA personal information; the categories of third parties with whom we share CCPA personal information; the categories of CCPA personal information we have disclosed about you for a business purpose. We do not sell your personal information unless you give us your consent (opt-in).

You have a right to receive a copy of the specific CCPA personal information we have collected about you.

You have a right to deletion of your CCPA personal information, subject to exceptions under the CCPA.

We will not discriminate against you if you exercise your privacy rights.

You can assert these rights only where we receive a verified request from you. For information on how to exercise your rights, please see the Your privacy rights section of this Privacy policy.

If you are a consumer under the CCPA and wish to contact us through an authorised agent, the authorised agent can submit a request on your behalf at [email protected]. Please, make sure that such request comprises a statement signed by you certifying that the agent is authorised to act on your behalf.

In order to verify the request and your identity, we may ask you to verify your identity by providing us additional information. We will delete such additionally provided information as soon as we finish verifying you.

7. CCPA and other State Specific Notice

This section applies to residents of US States outside of California that have adopted US State Privacy Laws.

Sale and Use of Personal Information for Targeted Advertising. We may engage in certain marketing activities that could be classified as a “sale” of personal information or as “targeted advertising” under applicable US State Privacy Laws. Whether such activities occur may depend on how you interact with us, the services you use, and the choices you make. In any case, we do not sell your personal information unless you give us your consent (opt-in).
Use of De-Identified Information**.** We may de-identify personal information in a secure manner where appropriate in the context of our business operations. We implement reasonable measures to maintain and use such information in a de-identified form and we do not attempt to re-identify it, except as permitted under applicable law.
Data Retention. We retain personal information as required or permitted under applicable law, including respecting your privacy choices, maintaining billing and records, and fulfilling the purposes outlined in this Privacy Policy. Specifically, we may retain personal information where necessary for legitimate business purposes, such as operating, maintaining, and improving our services, complying with legal obligations, or asserting legal claims and defenses. Retention periods depend on factors including your relationship with us, the type of data involved, our legal obligations, and the need to resolve or defend against potential legal claims. Once data is no longer required, we take reasonable steps to securely delete or de-identify it.

Other Personal Information Rights

Depending on your State of residence and subject to the conditions set forth in applicable US State Privacy Laws, you may have the following rights in relation to your personal information:

The right to confirm whether or not we process your personal information, and to access and obtain a copy of the specific personal information we hold about you.
The right to request the deletion of your personal information, subject to the exceptions provided by law.
The right to request the correction of inaccurate personal information concerning you.
The right to withdraw your consent to the “sale” of your personal information or of our use of personal information for “targeted advertising” purposes.

To exercise your rights, you must submit a verified request. You may do so, or direct any questions regarding our privacy practices, by contacting us at [email protected].

If permitted by the laws of your jurisdiction, you may also designate an authorized agent to act on your behalf by providing a signed statement authorizing the agent to submit a request for you. We may require additional information to verify both your identity and the authority of the agent.

If your jurisdiction recognizes the right to appeal a decision regarding the handling of your request, you may appeal any refusal by contacting us at [email protected]. Please note that requests to change our general policies or practices are not considered valid grounds for appeal.

If available under your state law, you may also file a complaint with your Attorney General’s Office regarding the outcome of such appeal. Please consult your state’s Attorney General website for further details on how to submit a complaint.

In the event of any misinterpretation between the English and Arabic texts in this Policy then the English version shall prevail.