Privacy Policy

Last updated: June 2, 2026

Introduction

This Privacy Policy describes how Profyts LLC, a Delaware limited liability company (“Company,” “we,” “us,” or “our”), collects, uses, discloses, and retains information in connection with the SmartRetro platform and all related services, applications, and AI-powered features (collectively, the “Platform”). By accessing or using the Platform, you (“User,” “Consumer,” or “you”) acknowledge that you have read, understood, and agree to this Privacy Policy. If you do not agree to this Privacy Policy, you must not access or use the Platform.

This Privacy Policy is incorporated into and forms part of the SmartRetro Terms of Service. This Privacy Policy is designed to comply with the California Consumer Privacy Act, as amended by the California Privacy Rights Act (“CCPA/CPRA”), and the comprehensive consumer data privacy laws of Virginia, Colorado, Connecticut, Utah, Iowa, Indiana, Tennessee, Texas, Montana, Oregon, Delaware, New Hampshire, New Jersey, Nebraska, Kentucky, Maryland, Minnesota, Rhode Island, and other states that have enacted or may enact privacy legislation (collectively, “Applicable Privacy Laws”).

Information We Collect

Information You Provide Directly

  • Account registration information (name, email address, phone number, company name, billing address)
  • Payment and billing information (processed through third-party payment processors)
  • User Content uploaded, submitted, or input into the Platform, including data processed by AI agents
  • AI agent configurations, prompts, instructions, and workflows
  • Communications with us, including support requests and feedback
  • Any other information you choose to provide

Information Collected Automatically

  • Device and browser information (IP address, device type, operating system, browser type)
  • Usage data (pages visited, features used, clickstream data, session duration, frequency of access)
  • AI agent activity logs, including inputs, outputs, processing history, and performance metrics
  • Log data (access times, error logs, referring URLs)
  • Cookies and similar tracking technologies (see Section 10 below)
  • Precise geolocation data (with your consent where required by law)

Sensitive Personal Information

Under Applicable Privacy Laws, certain categories of personal information are considered “sensitive” and require heightened protections, including opt-in consent before processing in most jurisdictions. Sensitive personal information may include:

  • Social Security numbers, driver’s license numbers, or passport numbers
  • Financial account information (account numbers, debit or credit card numbers combined with security codes)
  • Precise geolocation data
  • Racial or ethnic origin, religious beliefs, or philosophical beliefs
  • Biometric data used for identification purposes
  • Health information, including mental or physical health conditions
  • Sexual orientation or sex life
  • Citizenship or immigration status
  • Genetic data
  • Neural data (in applicable jurisdictions such as Colorado and Connecticut)
  • Personal data of known children
  • Nonbinary and transgender status (in applicable jurisdictions such as Connecticut)

We will obtain your opt-in consent before processing sensitive personal information unless an exemption applies under Applicable Privacy Laws. California residents may also exercise the right to limit the use and disclosure of their sensitive personal information (see Section 7).

Biometric Information

We do not currently collect biometric identifiers (fingerprints, facial geometry, iris scans, voiceprints, or other unique biological identifiers) through the Platform. If we implement biometric features in the future, we will provide the written disclosures and obtain the written consent required under the Illinois Biometric Information Privacy Act (740 ILCS 14) (“BIPA”) and any other applicable biometric privacy laws before collecting such data, including specific notice of the purpose and duration of collection, storage, and use. We will not sell, lease, trade, or otherwise profit from any biometric information collected.

Information from Third Parties

  • Information from identity verification and fraud prevention services
  • Information from analytics providers
  • Information from third-party integrations you connect to the Platform

How We Use Your Information

We use the information we collect for the following purposes:

  • Providing and maintaining the Platform, including operating AI agents and delivering AI Outputs
  • AI model training, development, and improvement, including using User Content and AI interaction data to train, fine-tune, retrain, and improve our proprietary AI and machine learning models, algorithms, and systems
  • Creating training datasets derived from User Content for current and future AI/ML development
  • Training large language models (“LLMs”) — Pursuant to Connecticut’s Data Privacy Act, as amended, we hereby disclose that personal data processed through the Platform may be used in connection with the training of large language models and other generative AI systems
  • Generating aggregated and de-identified datasets for analytics, benchmarking, research, and commercial purposes
  • Developing new products, features, and services, including AI-powered tools and capabilities
  • Processing transactions and sending related information, including purchase confirmations and invoices
  • Communicating with you, including sending technical notices, updates, security alerts, and administrative messages
  • Monitoring and analyzing trends, usage, and activities in connection with the Platform
  • Detecting, investigating, and preventing fraud, abuse, and security incidents
  • Automated decision-making and profiling as described in Section 5
  • Complying with legal obligations and enforcing our Terms of Service
  • Any other purpose disclosed to you at the time of collection or with your consent

AI-Specific Data Practices

AI Model Training

You acknowledge and agree that User Content, AI agent interaction data, inputs, outputs, usage patterns, and all data generated through your use of the Platform may be used to train, fine-tune, develop, and improve our AI and machine learning models. This includes the creation of derivative training datasets. Once data has been incorporated into AI model weights or training datasets, it is not technically feasible to extract, isolate, or delete that data from trained models.

Third-Party AI Providers

The Platform utilizes third-party AI model providers and infrastructure services to deliver AI-powered features. Your data, including User Content, may be transmitted to and processed by these third-party providers in accordance with their respective terms and privacy policies. We select providers that maintain commercially reasonable data security practices, but we do not control and are not responsible for the data practices of third-party AI providers.

AI Outputs

AI Outputs generated by the Platform may be used by the Company for model improvement, training, benchmarking, and development of new features. AI Outputs are not treated as confidential information of the User.

No Opt-Out of De-Identified Training

There is no mechanism to opt out of de-identified or aggregated data being used for AI training and model improvement. Your sole remedy if you do not consent to these practices is to discontinue use of the Platform.

Data Retention for AI Purposes

Data that has been incorporated into AI training datasets, model weights, or derivative datasets may be retained indefinitely, regardless of account status. Deletion of your account does not and cannot result in the removal of data already incorporated into trained AI models.

High-Risk AI Systems and Algorithmic Discrimination

If any feature of the Platform constitutes a “high-risk artificial intelligence system” under the Colorado AI Act (C.R.S. § 6-1-1701 et seq.) or similar laws, we will: (a) implement a risk management policy and program; (b) complete impact assessments as required; (c) notify consumers before any consequential decision is made using a high-risk AI system; (d) provide an opportunity to correct personal data and appeal adverse decisions, including human review where technically feasible; and (e) use reasonable care to protect consumers from algorithmic discrimination.

AI Interaction Disclosure

Consistent with the Colorado AI Act, the Texas Responsible AI Governance Act (Tex. Bus. & Com. Code), and similar laws, we disclose that the Platform deploys artificial intelligence systems that interact with users. When you interact with AI agents on the Platform, you are interacting with an artificial intelligence system, not a human being.

Automated Decision-Making and Profiling

We may use automated decision-making technology (“ADMT”) and profiling in connection with the Platform. Profiling means any form of automated processing of personal data to evaluate, analyze, or predict aspects of an individual’s behavior, preferences, or characteristics.

Under Applicable Privacy Laws, you may have the right to opt out of profiling in furtherance of decisions that produce legal or similarly significant effects. Beginning January 1, 2027, California consumers will have additional rights under the CCPA/CPRA’s Automated Decision-Making Technology regulations, including the right to opt out of certain ADMT uses and to receive information about how ADMT is used.

To exercise any opt-out right related to profiling or ADMT, contact us using the information in Section 16.

How We Share Your Information

We may share your information in the following circumstances:

  • Service providers and processors who perform services on our behalf, including hosting, payment processing, analytics, and customer support
  • Third-party AI model providers as necessary to deliver AI-powered Platform features
  • Affiliates and subsidiaries of Profyts LLC for purposes consistent with this Privacy Policy
  • Business transfers in connection with any merger, acquisition, financing, reorganization, bankruptcy, receivership, or sale of all or a portion of our assets
  • Legal compliance when required by law, regulation, legal process, or governmental request
  • Protection of rights to enforce our Terms of Service, protect our rights, property, or safety, or the rights, property, or safety of others
  • Aggregated and de-identified data with third parties for any purpose, including commercial licensing of datasets and AI model development
  • With your consent or at your direction

Disclosure for CCPA/CPRA Purposes — “Sale” and “Sharing”: Under the CCPA/CPRA, “sale” means disclosing personal information for valuable consideration, and “sharing” means disclosing personal information for cross-context behavioral advertising. We do not “sell” personal information as traditionally understood. However, certain uses of analytics technologies, advertising pixels, or similar tools on the Platform may constitute “sharing” under the CCPA/CPRA. Our use of de-identified and aggregated data for AI training, dataset licensing, and model development is an integral part of the Platform’s operation and does not constitute a “sale” or “sharing” of personal information.

Third-Party Disclosures for Rhode Island and Oregon Residents: As required by applicable law, we disclose that the categories of third parties to whom we may disclose personal data include: cloud infrastructure and hosting providers; payment processors; AI model providers; analytics and performance monitoring services; customer support platforms; and professional advisors (legal, accounting, and auditing).

Your Privacy Rights

Depending on your state of residence, you may have certain rights regarding your personal information under Applicable Privacy Laws.

Rights Available Under Most State Privacy Laws

  • Right to Access / Know — Request confirmation of whether we process your personal data and obtain a copy of the specific pieces of personal information we have collected
  • Right to Correct — Request correction of inaccurate personal information
  • Right to Delete — Request deletion of your personal information, subject to the limitations described in Section 4.5 regarding data incorporated into AI models and training datasets
  • Right to Data Portability — Obtain a copy of your personal information in a structured, commonly used, machine-readable format
  • Right to Opt Out of:
    • The sale of personal data (where applicable)
    • Targeted advertising
    • Profiling in furtherance of decisions that produce legal or similarly significant effects

Additional Rights for California Residents Under CCPA/CPRA

  • Right to Limit Use of Sensitive Personal Information — Direct us to limit the use of your sensitive personal information to purposes necessary to perform the services you request
  • Right to Non-Discrimination — We will not discriminate against you for exercising your privacy rights
  • Right to Opt Out of Sale and Sharing — You may direct us not to sell or share your personal information by clicking the “Do Not Sell or Share My Personal Information” link on our website or by submitting a request as described below
  • Global Privacy Control (GPC) — We honor opt-out preference signals, including the Global Privacy Control. When we detect a GPC signal from your browser, we will treat it as a valid request to opt out of the sale and sharing of personal information associated with that browser. We will display on our website whether we have processed your opt-out preference signal as required by CCPA regulations.
  • Authorized Agents — You may designate an authorized agent to make requests on your behalf, subject to verification
  • Right to Know Categories and Specific Pieces — You have the right to request the categories of personal information we have collected, the categories of sources, the business or commercial purpose for collecting, the categories of third parties with whom we share, and the specific pieces of personal information we have collected about you
  • Financial Incentive Programs — We do not currently offer financial incentive programs

Additional Rights for Colorado Residents

In addition to the rights listed above, Colorado residents may exercise rights under the Colorado Privacy Act (C.R.S. § 6-1-1301 et seq.) and the Colorado AI Act (C.R.S. § 6-1-1701 et seq.), including the right to opt out of profiling that produces legal or similarly significant effects and the right to appeal adverse consequential decisions made by high-risk AI systems, including through human review where technically feasible.

Universal Opt-Out Mechanisms

We recognize and honor universal opt-out mechanisms, including the Global Privacy Control, as required by the CCPA/CPRA, the Colorado Privacy Act, the Connecticut Data Privacy Act, the Delaware Personal Data Privacy Act, the Maryland Online Data Privacy Act, the Montana Consumer Data Privacy Act, the Nebraska Data Privacy Act, the New Hampshire Privacy Act, the New Jersey Data Privacy Act, the Oregon Consumer Privacy Act, and the Texas Data Privacy and Security Act.

How to Exercise Your Rights

To exercise any of these rights, you may:

  • Submit a request via email to [email protected]
  • For California residents: click the “Do Not Sell or Share My Personal Information” link on our website

We will respond to verifiable requests within 45 days (or 30 days where required by Virginia-model state laws), with an extension of an additional 45 days (or 60 days) where reasonably necessary. We will verify your identity before fulfilling any request.

Right to Appeal

If we decline to act on your request, you may appeal that decision. To submit an appeal, contact us using the information in Section 16. We will respond to appeals within 60 days (or such shorter period as required by applicable law). If the appeal is denied, you may contact your state’s Attorney General or the California Privacy Protection Agency, as applicable.

Data Protection Assessments

We conduct data protection assessments as required by Applicable Privacy Laws before engaging in processing activities that present a heightened risk of harm to consumers, including: (a) processing personal data for targeted advertising; (b) sale of personal data; (c) profiling that presents a reasonably foreseeable risk of unfair or deceptive treatment, financial or physical injury, or intrusion upon solitude or seclusion; and (d) processing of sensitive personal data.

For processing activities involving high-risk AI systems, we conduct impact assessments as required by the Colorado AI Act, including assessments of algorithmic discrimination risk.

Data Retention

We retain your information for as long as your account is active or as needed to provide the Platform, comply with legal obligations, resolve disputes, and enforce our agreements. Upon account termination:

  • Account information and User Content may be deleted within ninety (90) days, subject to our backup and archival practices
  • Data incorporated into AI training datasets, model weights, or derivative datasets is retained indefinitely as described in Section 4.5
  • Aggregated and de-identified data is retained indefinitely
  • We may retain certain information as required by law or for legitimate business purposes

Cookies and Tracking Technologies

We use cookies, pixels, web beacons, and similar technologies to collect usage information, remember your preferences, and improve the Platform.

Categories of cookies we use:

  • Strictly necessary cookies — Required for Platform functionality; cannot be disabled
  • Analytics and performance cookies — Help us understand usage patterns and improve the Platform
  • Preference and functionality cookies — Remember your settings and configurations

You may control cookies through your browser settings, but disabling certain cookies may impair Platform functionality.

Do Not Track / Global Privacy Control: We honor Global Privacy Control signals as valid opt-out requests. Where required by law, we treat GPC signals as a consumer’s instruction to opt out of the sale and sharing of personal information.

Data Security

We implement commercially reasonable technical, administrative, and physical security measures designed to protect your information. However, no method of transmission over the Internet or method of electronic storage is 100% secure.

WE DO NOT WARRANT OR GUARANTEE THE SECURITY OF ANY INFORMATION YOU TRANSMIT TO OR THROUGH THE PLATFORM, AND YOU DO SO AT YOUR OWN RISK. YOU EXPRESSLY WAIVE ANY CLAIMS AGAINST THE COMPANY ARISING FROM UNAUTHORIZED ACCESS TO, OR LOSS, CORRUPTION, OR BREACH OF YOUR DATA, EXCEPT TO THE EXTENT CAUSED BY THE COMPANY’S WILLFUL MISCONDUCT.

Children’s Privacy

The Platform is not directed to individuals under the age of 18. We do not knowingly collect personal information from children under 13 in compliance with the Children’s Online Privacy Protection Act (“COPPA”). We do not knowingly sell or share personal information of consumers under the age of 16 without opt-in consent, as required by the CCPA/CPRA, the Oregon Consumer Privacy Act, and other Applicable Privacy Laws. If we learn that we have collected personal information from a child under 13, or a minor under 16 without appropriate consent, we will take steps to delete such information promptly.

International Data Transfers

Your information may be transferred to and processed in countries other than the country in which you reside, including the United States. These countries may have data protection laws that differ from the laws of your jurisdiction. By using the Platform, you consent to the transfer of your information to the United States and other jurisdictions as described in this Privacy Policy.

Third-Party Links and Integrations

The Platform may contain links to or integrations with third-party websites, services, or applications. This Privacy Policy does not apply to third-party services, and we are not responsible for the privacy practices of third parties. We encourage you to review the privacy policies of any third-party services you access through the Platform.

Changes to This Privacy Policy

We reserve the right to modify this Privacy Policy at any time. Changes become effective upon posting to the Platform. Your continued use of the Platform after any changes constitutes your acceptance of the revised Privacy Policy. We will notify you of material changes through the Platform or by email, but it is your responsibility to review this Privacy Policy periodically.

Contact Information

If you have questions about this Privacy Policy, wish to exercise your rights, or wish to file an appeal of a denied request, contact us at:

  • Email: [email protected]
  • Mail: Profyts LLC, 123 Market Street, Wilmington, DE 19801, USA

For California-specific inquiries, you may also contact the California Privacy Protection Agency. For other states, you may contact your state’s Attorney General.