Privacy Policy

This Privacy Policy describes how Stoked Seagull LLC (“Stoked Seagull,” “Company,” “we,” “us,” or “our”) collects, uses, and handles your personal data (“Personal Data”), and what choices you have when you use our website, applications, platforms, and services (collectively, the “Services”), including the Clacky desktop application. By using the Services, you agree to the collection and use of information in accordance with this Privacy Policy. If you do not agree to the practices described in this Privacy Policy, please do not access or use the Services. Any capitalized terms not defined herein have the meaning ascribed to them in our Terms of Service.

We collect several different types of information for various purposes to provide and improve our Services, as set forth below.

A. Personal Data. While using our Services, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. This may include: email address, first name and last name, and any other Personal Data that you voluntarily provide to us.

B. Usage Data.We may collect information related to your interaction with or usage of the Services, including: your IP address, device type, browser type and version, pages of our Services that you visit, the time and date of your visit, the time spent on those pages, device language, unique device identifiers, system logs, performance metrics, and other diagnostic data (“Usage Data”).

C. Customer Content — How We Handle Your Data.

This is an important section. Clacky is a screen-aware AI tutor. Here is exactly how we handle the different types of content involved:

• Screenshots: When you use the screen-aware features, the Clacky desktop application captures screenshots of your screen. These screenshots are transmitted through our server to third-party AI providers (currently Anthropic, but this may change) for processing. We do not store, save, or retain your screenshots. They pass through our servers transiently and are not persisted in any database, file system, or other storage medium. Once the AI provider processes the screenshot and returns a response, the screenshot data is discarded.
• Audio: When you use voice input, your audio is sent directly from the Clacky desktop application to third-party transcription providers (currently AssemblyAI, but this may change) using a temporary authentication token provided by our server. Your audio never touches or is stored on our servers. Similarly, text-to-speech audio generated by third-party providers (currently ElevenLabs, but this may change) passes through our server transiently and is not stored.
• Conversation Text: We do store truncated records of conversation text (your prompts and AI responses) as part of your usage records. This data is stored in our database for the purposes of usage tracking, billing, and service improvement.

D. Payment Information.When you sign up for Paid Services, our third-party payment processor, Stripe, Inc. (“Stripe”), collects and processes your payment-related information, such as your name, email, billing address, and credit/debit card or banking information. We do not directly collect or store your full payment card details. Stripe's privacy policy governs the handling of your payment information.

E. Other Information. You may have the option to submit additional information as you use our Services, such as feedback or support requests.

Stoked Seagull may use Personal Data and Usage Data for the following purposes:

• Service Operation. To provide, update, maintain, improve, monitor, and protect our Services.
• Communication. To provide customer and technical support, to send service-related emails, and to send marketing emails about new product features or other news about Clacky. You may opt out of marketing communications at any time.
• Administration. For transactional, billing, account management, tax, and administrative matters.
• Compliance. To comply with applicable laws and regulations or a court or other legal order.
• Risk Mitigation. To detect violations of our legal terms, enforce the legal terms that govern your use of the Services, or to detect, prevent, and respond to potential fraud or misuse of the Services, including payment fraud and unauthorized chargebacks.
• Marketing. To contact you with marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications by following any unsubscribe link provided.

We use cookies and similar tracking technologies to collect information about your usage of the Services. We use Google Analytics to understand how users interact with our website. We also use Rollbar for error tracking and monitoring to help us identify and fix issues with the Services. These services may collect Usage Data such as your IP address, browser type, and pages visited. You may configure your browser to refuse cookies or to alert you when cookies are being sent.

We may use third-party web analytics services on the Services, such as Google Analytics. These vendors use cookies and similar technologies to help us analyze how users use the Services, including by noting the third-party website from which you arrive. The information collected by such technology will be disclosed to or collected directly by these vendors, who use the information to evaluate your use of the Services. To prevent Google Analytics from using your information for web analytics, you may install the Google Analytics Opt-Out Browser Add-on.

We will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations, resolve disputes, and enforce our legal agreements and policies. We will either delete or anonymize Personal Data once it is no longer needed or after expiration of the applicable retention periods. Usage Data is generally retained for a shorter period, except when this data is used to strengthen the security or improve the functionality of our Services, or we are legally obligated to retain this data for longer time periods.

Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country, or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction. If you are located outside the United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to the United States and process it there. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

This section describes when we may disclose Personal Data:

• Service Providers. We may disclose Personal Data with service providers who are working on our behalf solely to perform services for Stoked Seagull and at our direction. These currently include, but are not limited to: Anthropic (AI language models), ElevenLabs (text-to-speech), AssemblyAI (speech-to-text), Stripe (payments), Google Analytics (website analytics), Rollbar (error tracking), and Resend (email delivery). We reserve the right to add, remove, or replace service providers at any time without prior notice. All service providers are contractually restricted from using Personal Data for any purpose other than providing services to us.
• AI Providers.Your Customer Content (excluding screenshots, which are not stored) may be shared with third-party AI and machine learning providers in order to provide the Services. These providers may change at any time as we evaluate and adopt new technologies. Your data shared with AI providers is used solely for processing your requests and is subject to the respective provider's data handling policies.
• Protection of Stoked Seagull and Others. We may disclose your information to protect the rights, property, or personal safety of Stoked Seagull, its agents and affiliates, its users, and the public. This includes exchanging information with other companies and organizations for fraud protection, including chargeback fraud detection.
• Business Transfers. We may disclose your Personal Data in connection with any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
• Legal Requirements. We may disclose your Personal Data if we believe that disclosure is reasonably necessary to comply with any applicable law or regulation, to comply with any court order or legal process, or to respond to any government or regulatory request.
• With Your Consent. We may share your Personal Data with other third parties with your express consent.

The security of your data is important to us. We implement technical, administrative, and physical safeguards to protect the information we collect from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no method of transmission over the internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.

If you are a resident of the European Union (EU) or European Economic Area (EEA), you have certain data protection rights under the General Data Protection Regulation. You have the right to:

• Access, update, or delete the information we have on you;
• Have your information rectified if it is inaccurate or incomplete;
• Object to our processing of your Personal Data;
• Request that we restrict the processing of your personal information;
• Be provided with a copy of your Personal Data in a structured, machine-readable, and commonly used format;
• Withdraw your consent at any time where we rely on your consent to process your personal information.

To exercise any of these rights, please email us at ceo@useclacky.com. Please note that we may ask you to verify your identity before responding to such requests. You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data.

To use the Services, you must be at least 13 years of age if you reside in the United States, and 16 years of age if you reside anywhere else. If you are under the age of 18, depending on where you live, you may need to have your parent or guardian's consent to our Terms of Service and they may need to enter into the Terms on your behalf. If you are a parent or guardian and become aware that your child provided us with Personal Data, please contact us at ceo@useclacky.com.

The Services may contain links to third-party websites or services. We are not responsible for the content or practices of those websites or services. The collection, use, and disclosure of your information by third parties will be subject to the privacy policies of the third-party websites or services, and not this Policy. We urge you to read the privacy and security policies of these third parties before providing information to them.

We may update this Privacy Policy from time to time. When we make changes, we will update the date at the top of this page. If a modification meaningfully reduces your rights, we will notify you (by, for example, sending you an email or displaying a prominent notice within the Services). We encourage you to check back periodically to review this Privacy Policy for any changes.

If you have any questions about this Privacy Policy, please contact us by email at ceo@useclacky.com.

If you are a California resident, the California Consumer Privacy Act (“CCPA”) provides you with additional rights regarding our use of your Personal Data. You have the right to know what Personal Data we collect, the right to request deletion of your Personal Data, and the right to opt out of the sale of your Personal Data. We do not sell your Personal Data. To exercise your rights under the CCPA, please contact us at ceo@useclacky.com. We will not discriminate against you for exercising any of your CCPA rights.