Stable App Privacy Policy

Last Updated: June 27, 2024

This privacy notice for Stability AI ("Company," "we", "us," or "our") describes how and why we might collect, store, use, and/or share ("process") your information when you use any version or feature of our Stability AI applications, including Stable Assistant and Stable Artisan (the “Services”).

SUMMARY OF KEY POINTS

This summary provides key points from our privacy notice, but you can find out more details about any of these topics by using our table of contents below to find the section you are looking for.

What personal information do we process?

When you visit, use, or navigate the Services, we may process personal information depending on how you interact with Stability AI and the Services, your choices, and the products and features you use.

Do we process any sensitive personal information?

As noted in our Terms of Service, you agree not to input sensitive personal information (such as phone numbers, residential addresses, health information, social security numbers, driver’s license numbers, or other account numbers) about yourself or any other person when using the Services.

How do you process my information?

We process your information to provide, improve, and administer the Services, communicate with you, for safety and security, and comply with the law. We may also process your information for other purposes with your consent. We process your information only when we have a valid legal reason.

In what situations and with which parties do we share personal information?

We may share information in specific situations and with specific third parties.

What are your rights?

Depending on where you are located geographically, the applicable privacy law(s) may mean you have certain rights regarding your personal information.

How do I exercise my rights?

The easiest way to exercise your rights is to contact us at privacy@stability.ai. We will consider and act upon any request in accordance with applicable data protection laws.

WHAT INFORMATION DO WE COLLECT?
HOW DO WE PROCESS YOUR INFORMATION?
WHAT LEGAL BASES DO WE RELY ON TO PROCESS YOUR PERSONAL INFORMATION?
WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?
DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?
HOW LONG DO WE KEEP YOUR INFORMATION?
HOW DO WE KEEP YOUR INFORMATION SAFE?
WHAT ARE YOUR PRIVACY RIGHTS?
CONTROLS FOR DO-NOT-TRACK FEATURES
DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?
DO WE MAKE UPDATES TO THIS NOTICE?
HOW CAN YOU CONTACT US ABOUT THIS NOTICE?
HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?

1. WHAT INFORMATION DO WE COLLECT?

In Short: We collect personal information that you provide to us.

We collect personal information that you voluntarily provide us when you express an interest in obtaining information about us or our products and Services, when you use the Services, or when you contact us.

Personal Information Provided by You.

The personal information we collect depends on the context of your interactions with the Services, us, your choices, and the features you use. The personal information we collect may include the following:

Application information

Communication information (which may include the email that you use to create an account)

Usage information

Log data

Inputs

Sensitive Information.

To be clear, as explained in our terms, you should not provide us with sensitive information in Inputs. Note this policy does not apply to information that may be collected by (i) us offline or through any other means, including on any other website operated by us or any third party (including our affiliates and subsidiaries); or (ii) any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or on the site.

Information automatically collected

In Short: Some information — such as your Internet Protocol (IP) address and/or browser and device characteristics — is collected automatically when you visit the Services.

We automatically collect certain information when you visit, use, or navigate the Services. This information does not reveal your specific identity (like your name or contact information), though it may, in some instances, be linked to the email you used to create your account. It may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use the Services and other technical information. This information is primarily needed to maintain the security and operation of the Services and for our internal analytics and reporting purposes. Like many businesses, we also collect information through cookies and similar technologies.

The information we collect includes the following:

Log and Usage Data. Log and usage data are service-related, diagnostic, usage, and performance information our servers automatically collect when you access or use the Services, which we record in log files. Depending on how you interact with us, this log data may include your IP address, device information, browser type, and settings and information about your activity using the Services (such as the date/time stamps associated with your usage, pages and files viewed, searches, and other actions you take such as which features you use), device event information (such as system activity, error reports (sometimes called "crash dumps"), and hardware settings).

Device Data. We may collect device data such as information about your computer, phone, tablet, or other devices you use to access the Services. Depending on the device used, this data may include information such as your IP address (or proxy server), device and application identification numbers, location, browser type, hardware model, internet service provider and/or mobile carrier, operating system, and system configuration information.

Location Data. We may collect location data, such as information about your device's location, which can be either precise or imprecise. How much information we collect depends on the type and settings of the device you use to access the Services. For example, we may collect geolocation data that tells us your current location (based on your IP address).

2. HOW DO WE PROCESS YOUR INFORMATION?

In Short: We process your information to provide, improve, and administer the Services, communicate with you for security and fraud prevention, and comply with the law. We may also process your information for other purposes with your consent.

We process your personal information for a variety of reasons, depending on how you interact with the Services, including:

To send you marketing and promotional communications.
We may process the personal information you send us for our marketing purposes if this is in accordance with your marketing preferences. You can opt out of our marketing emails at any time.

To deliver targeted advertising to you.
We may process your information to develop and display personalized content and advertising tailored to your interests, location, and more.

To protect the Services.
We may process your information as part of our efforts to keep all our Services safe and secure, including fraud monitoring and prevention.

To identify usage trends.
We may process information about how you use the Services to understand better how it and all our Services are being used so we can improve them.

To determine the effectiveness of our marketing and promotional campaigns.
We may process your information to understand better how to provide marketing and promotional campaigns that are most relevant to you.

To save or protect an individual's vital interest.
We may process your information when necessary to save or protect an individual’s vital interest and prevent harm.

To provide the Services.
We may process your information to provide the Services and continue to improve its quality.

To train our models.
We may also process your information in order to train our models. You can opt out by turning off chat history in the settings.

3. WHAT LEGAL BASES DO WE RELY ON TO PROCESS YOUR INFORMATION?

In Short: We only process your personal information when we believe it is necessary and we have a valid legal reason (i.e., legal basis) to do so under applicable law, like with your consent, to comply with laws, to provide you with services to enter into or fulfill our contractual obligations, to protect your rights, or to fulfill our legitimate business interests.

This section applies to you if you are in the EU, Switzerland, or the UK.

The General Data Protection Regulation (GDPR), the Swiss Federal Act on Data Protection (FADP), and the UK GDPR require us to explain the valid legal bases we rely on to process your personal information. As such, we may rely on the following legal bases to process your personal information:

Consent.
We may process your information if you have permitted us (i.e., consent) to use your personal information for a specific purpose. You can withdraw your consent at any time by contacting us.

Legitimate Interests.
We may process your information when we believe it is reasonably necessary to achieve our legitimate business interests. Those interests do not outweigh your interests and fundamental rights and freedoms. For example, we may process your personal information for some of the purposes described:

Send users information about special offers and discounts on our products and services
Develop and display personalized and relevant advertising content for our users
Analyse how the Services are being used so we can improve it and all our Services to engage and retain users
Support our marketing activities
Diagnose problems and/or prevent fraudulent activities

Legal Obligations.
We may process your information where we believe it is necessary to comply with our legal obligations, such as cooperating with a law enforcement body or regulatory agency, exercising or defending our legal rights, or disclosing your information as evidence in litigation in which we are involved.

Vital Interests.
We may process your information where we believe it is necessary to protect your vital interests or the vital interests of a third party, such as in situations involving potential threats to the safety of any person.

In legal terms, we are generally the “data controller” under European/UK data protection laws of the personal information described in this privacy notice since we determine the means and/or purposes of the data processing we perform. This privacy notice does not apply to the personal information we process as a “data processor” on behalf of our customers. In those situations, the customer with whom we provide services and with whom we have entered into a data processing agreement is the “data controller” responsible for your personal information, and we merely process your information on their behalf in accordance with your instructions. To know more about our customers' privacy practices, you should read their privacy policies and direct any questions you have to them.

If you are located in Canada, this section applies to you.

We may process your information if you have given us specific permission (i.e., express consent) to use your personal information for a specific purpose or in situations where your permission can be inferred (i.e., implied consent). You can withdraw your consent at any time.

In some exceptional cases, we may be legally permitted under applicable law to process your information without your consent, including, for example:

If collection is clearly in the interests of an individual and consent cannot be obtained promptly.

For investigations and fraud detection, and prevention.

For business transactions, provided certain conditions are met.

The collection is necessary to assess, process, or settle an insurance claim if it is contained in a witness statement.

Identifying injured, ill, or deceased persons and communicating with next of kin.

If we have reasonable grounds to believe an individual has been, is, or may be a victim of financial abuse.

If it is reasonable to expect collection and use with consent would compromise the availability or the accuracy of the information, the collection is reasonable for purposes related to investigating a breach of an agreement or a contravention of the laws of Canada or a province.

If disclosure is required to comply with a subpoena, warrant, court order, or rules of the court relating to the production of records

If an individual produced it during their employment, business, or profession, the collection is consistent with the purposes for which the information was produced.

If the collection is solely for journalistic, artistic, or literary purposes.

If the information is publicly available and is specified by the regulations.

4. WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?

In Short: We may share information in specific situations described in this section and/or with the following third parties.

We may need to share your personal information in the following situations:

Business Transfers.
We may share or transfer your information in connection with or during negotiations of any merger, sale of Company assets, financing, or acquisition of all or a portion of our business to another company.

We may disclose personal information that we collect or you provide as described in this privacy policy:

To our subsidiaries and affiliates.
To our contractors, service providers, and other third parties we use to support our business.
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 personal information held by the Company about our website users is among the assets transferred.
To fulfill the purpose for which you provide it.
For any other purpose disclosed by us when you provide the information.
With your consent.

We may also disclose your personal information:

To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
To enforce or apply our terms of service and other agreements.
If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

5. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?

In Short: We may use cookies and other tracking technologies to collect and store your information.

We may use cookies and similar tracking technologies (like web beacons and pixels) to access or store information. Our Cookie Notice provides specific information about how we use such technologies and how you can refuse certain cookies.

6. HOW LONG DO WE KEEP YOUR INFORMATION?

In Short: We keep your information for as long as necessary to fulfill the purposes outlined in this privacy notice unless otherwise required by law.

We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy notice unless a longer retention period is required or permitted by law (such as tax, accounting, or other legal requirements). No purpose in this notice will require us to keep your personal information for longer than one (1) year, with the exception of the email you provided to us upon account creation.

When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize such information, 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.

7. HOW DO WE KEEP YOUR INFORMATION SAFE?

In Short: We aim to protect your personal information through organizational and technical security measures.

We have implemented appropriate and reasonable technical and organizational security measures designed to protect the security of any personal information we process. However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security and improperly collect, access, steal, or modify your information. Although we will do our best to protect your personal information, transmitting personal information to and from the Services is at your own risk. You should only access the Services within a secure environment.

8. WHAT ARE YOUR PRIVACY RIGHTS?

In Short: In some regions, such as the European Economic Area (EEA), Switzerland, the United Kingdom (UK), and Canada, you have rights that allow you greater access to and control over your personal information. You may review, change, or terminate your account at any time.

You have certain rights under applicable data protection laws in some regions (like the EEA, UK, and Canada). These may include the right (i) to request access and obtain a copy of your personal information, (ii) to request rectification or erasure, (iii) to restrict the processing of your personal information, and (iv), if applicable, to data portability. In certain circumstances, you may also have the right to object to processing your personal information. We will consider and act upon any request in accordance with applicable data protection laws. By using the Services, you understand and acknowledge that your data may be transferred from your location to facilities and servers in the United States.

If you are located in the EEA or UK and believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority.

Withdrawing your consent:

If we rely on your consent to process your personal information, which may be express and/or implied consent, depending on the applicable law, you have the right to withdraw your consent at any time. This will not affect the lawfulness of the processing before its withdrawal, nor (when applicable law allows) will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent.

Opting out of marketing and promotional communications:

You can unsubscribe from our marketing and promotional communications anytime by clicking on the unsubscribe link in our emails or by contacting us. You will then be removed from the marketing lists. However, we may still communicate with you, for example, to send you service-related messages necessary for your account's administration and use, respond to service requests, or for other non-marketing purposes.

Cookies and similar technologies:

Most Web browsers are set to accept cookies by default. If you prefer, you can usually set your browser to remove and reject cookies. If you choose to remove or reject the cookies, this could affect certain features of the Services.

9. CONTROLS FOR DO-NOT-TRACK FEATURES

Most web browsers, mobile operating systems, and mobile applications include a Do-Not-Track ("DNT") feature or setting you can activate to signal your privacy preference and not to have data about your online browsing activities monitored and collected. No uniform technology standard for recognizing and implementing DNT signals has been finalized at this stage. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this privacy notice.

10. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?

In Short: Yes, if you are a resident of California, you are granted specific rights regarding access to your personal information.

California Civil Code Section 1798.83, also known as the "Shine The Light" law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing using the contact information provided below.

If you are under 18 years of age, reside in California, and have a registered account with Stability.AI, you have the right to request the removal of unwanted data that you publicly post on the Services. To request the removal of such data, please contact us using the contact information provided below. Include the email address associated with your account and a statement that you reside in California. We will ensure the data is not publicly displayed on our Services or any of our Services, but please be aware that the data may not be completely or comprehensively removed from all our systems (e.g., backups, etc.).

CCPA Privacy Notice

The California Code of Regulations defines a "resident" as:

(1) every individual who is in the State of California for other than a temporary or transitory purpose and

(2) every individual who is domiciled in the State of California who is outside the State of California for a temporary or transitory purpose

All other individuals are defined as "non-residents.”

If this definition of "resident" applies to you, we must adhere to certain rights and obligations regarding your personal information.

We may also collect other personal information outside of these categories in instances where you interact with us in person, online, or by phone or mail in the context of:

Receiving help through our customer support channels;

Participation in customer surveys or contests; and

To facilitate the delivery of our Services and respond to your inquiries.

How do we use and share your personal information?

In addition to this privacy notice, you can learn more about our data collection and sharing practices by emailing us at privacy@stability.ai.

If you use an authorized agent to exercise your right to opt-out, we may deny a request if the authorized agent does not submit proof that they have been validly authorized to act on your behalf.

Will your information be shared with anyone else?

We may disclose your personal information with our service providers according to a written contract between each service provider and us. Each service provider is a for-profit entity that processes the information on our behalf.

We may use your personal information for our own business purposes, such as for undertaking internal research for technological development and demonstration. This is not considered the "selling" of your personal information.

Stability.AI has not disclosed or sold any personal information to third parties for a business or commercial purpose in the preceding twelve (12) months. Stability.AI will not sell personal information to website visitors, users, and other consumers in the future.

Your rights concerning your personal data

Right to request deletion of the data — Request to delete

You can ask for the deletion of your personal information. If you ask us to delete your personal information, we will respect your request and delete your personal information, subject to certain exceptions provided by law, such as (but not limited to) the exercise by another consumer of their right to free speech, our compliance requirements resulting from a legal obligation, or any processing that may be required to protect against illegal activities.

Right to be informed — Request to know:

Depending on the circumstances, you have a right to know:

Whether we collect and use your personal information;

The categories of personal information that we collect;

The purposes for which the collected personal information is used;

Whether we sell your personal information to third parties;

The categories of personal information that we sold or disclosed for a business purpose;

The categories of third parties to whom the personal information was sold or disclosed for a business purpose; and

The business or commercial purpose for collecting or selling personal information.

In accordance with applicable law, we are not obligated to provide or delete consumer information de-identified in response to a consumer request or re-identify individual data to verify a consumer request.

Right to Non-Discrimination for the Exercise of a Consumer’s Privacy Rights

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

Verification process

Upon receiving your request, we will need to verify your identity to determine whether you are the same person with whom we have the information in our system. These verification efforts require us to ask you to provide information so that we can match it with the information you have previously provided us. For instance, depending on the type of request you submit, we may ask you to provide certain information so that we can match the information you provide with the information we already have on file, or we may contact you through a communication method (e.g., phone or email) that you have previously provided to us. We may also use other verification methods as the circumstances dictate.

We will only use the personal information provided in your request to verify your identity or authority to make the request. To the extent possible, we will avoid requesting additional information from you for the purposes of verification. However, if we cannot verify your identity from the information already maintained by us, we may request that you provide additional information for the purposes of verifying your identity and for security or fraud-prevention purposes. We will delete such additional information as soon as we finish verifying you.

Other privacy rights

You may object to the processing of your personal information.
You may request correction of your personal data if it is incorrect or no longer relevant or ask to restrict the processing of the information.
You can designate an authorized agent to request the CCPA on your behalf. We may deny a request from an authorized agent who does not submit proof that they have been validly authorized to act on your behalf in accordance with the CCPA.
You may request to opt out from future selling of your personal information to third parties. Upon receiving an opt-out request, we will act upon the request as soon as feasibly possible, but no later than fifteen (15) days from the request submission date.

To exercise these rights, you can contact us by email at privacy@stability.ai or by referring to the contact details at the bottom of this document. If you have a complaint about how we handle your data, we would like to hear from you.

11. DO WE MAKE UPDATES TO THIS NOTICE?

In Short: Yes, we will update this notice as necessary to stay compliant with relevant laws.

We may update this privacy notice from time to time. The updated version will be indicated by an updated "Revised" date, and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy notice, we may notify you by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy notice frequently to be informed of how we protect your information when using the Services.

12. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?

If you have questions or comments about this notice, email us at privacy@stability.ai.

If you are a resident of the United Kingdom, the "data controller" of your personal information is Stability AI. You can contact us directly regarding processing your information by Stability AI by emailing us at privacy@stability.ai.

13. HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?

Based on the applicable laws of your country, you may have the right to request access to the personal information we collect from you, change that information, or delete it in some circumstances. To request to review, update, or delete your personal information, please contact us at privacy@stability.ai.