Last revised on: January 2, 2024
The sortium.com site (the “Website”) is part of an overall service (the “Service” or “Services”) operated by Sortium Inc. The Service (including the Sortium Website and its associated Sortium AI (app.sortium.com) web application provides individual users (“Subscriber” or “You”) with features and services that include generation of artwork via artificial intelligence and the display of artwork for you and other end users affiliated with you.
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings deﬁned under the following conditions. The following deﬁnitions shall have the same meaning regardless of whether they appear in singular or in plural.
- You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
- Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Sortium Inc.
- Aﬃliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
- Account means a unique account created for You to access our Service or parts of our Service.
- Website refers to sortium.com
- Service refers to proprietary systems and methods for creating images using artiﬁcial intelligence techniques, the Website, and any and all other services the Company currently oﬀers or will oﬀer in the future.
- Country refers to: United States
- Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the
- Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.
- Personal Data is any information that relates to an identiﬁed or identiﬁable individual.
- Cookies are small ﬁles that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
- Device means any device that can access the Service such as a computer, a cell phone or a digital tablet.
- Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
Collecting and using your personal data
Types of Data Collected
While using Our Service, We may ask You to provide Us with certain personally identiﬁable information that can be used to contact or identify You. Personally identiﬁable information may include, but is not limited to:
- First name and last name;
- Email address and/or Phone number;
- Address, State, Province, ZIP/Postal code, City;
- Usage Data;
- Text or image prompts you input into Sortium AI;
- Financial Information via Stripe to enable payments, such as account/routing numbers and debit/credit card numbers;
- Other data that you select to send to Sortium.
Usage Data is collected automatically when using the Service.
Usage Data may include information such as:
- Online identiﬁers such as Your Device's Internet Protocol address (e.g. IP address);
- Browser type;
- Browser version;
- The pages of our Service that You visit;
- The time and date of Your visit;
- The time spent on those pages
- Unique device identiﬁers and other diagnostic data;
- Device Information such as hardware, operating system;
- Geolocation Data.
When You access the Service by or through a mobile device We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identiﬁers and other diagnostic data.
We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.
Tracking Technologies and Cookies
You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, You may not be able to use some parts of our Service.
Cookies can be “Persistent” or “Session” Cookies. Persistent Cookies remain on your personal computer or mobile device when You go oﬄine, while Session Cookies are deleted as soon as You close your web browser.
Use of Your Personal Data
The Company may use Personal Data for the following purposes:
- To provide and maintain our Service, including monitoring the usage of our Service.
- To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to diﬀerent functionalities of the Service that are available to You as a registered user.
- For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.
- To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication and provide informative communications related to functionality, products or contracted services.
- To provide You with news, special oﬀers and general information about other goods, services and events which we oﬀer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
- To manage Your requests: To attend to and manage Your requests to Us.
- Optimize and enhance our services: We use your Personal Data to understand how our products and Services are being used to help us improve our Services and develop new products.
- To Comply with legal and regulatory requirements.
- To Detect and prevent fraud.
- To Provide you with customer support.
- For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred.
- Other business purposes: We may use your information for additional purposes if that purpose is disclosed to you before we collect the information or if we obtain your consent.
We may share your Personal Data in the following situations:
- With Service Providers: We may share Your Personal Data with Service Providers so that they can provide us with services, including identity veriﬁcation, fraud detection and prevention, security threat detection, payment processing, customer support, data analytics, Information Technology, advertising, marketing, data processing, network infrastructure, storage, and transaction monitoring.
- For Business transfers: We may share or transfer Your Personal Data 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.
- With Business Partners: We may share Your information with Our business partners to oﬀer You certain products, services or promotions.
- Professional Advisors: We may share your Personal Data with our professional advisors, including legal, accounting, or other consulting services for purposes of audits or to comply with our legal obligations.
- With other users: If You initiate the creation of artwork using the Services, the resulting artwork may be available for viewing by other users of the Service. The other users may see Your name, and the terms you used to initiate creation of artwork.
- Law Enforcement: Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g., a court or a government agency).
Retention of Your Personal Data
The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.
The security of your personal information and data is important to us but remember that 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 information and data, we cannot guarantee its absolute security. Any natural or legal person who processes the data on behalf of Sortium may have access to your personal information or data. These third-party vendors collect, store, use, process and transfer information about your activity on our platform in accordance with their privacy policies.
Transfer of Your Personal Data
Your information, including Personal Data, is processed at the Company's operating oﬃces and in any other places where the parties involved in the processing are located. It means that this information 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 than those from Your jurisdiction.
Disclosure of Your Personal Data Business Transactions
Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Other legal requirements
The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:
- Comply with a legal obligation
- Protect and defend the rights or property of the Company
- Prevent or investigate possible wrongdoing in connection with the Service and/or Your use of the Service
- Protect the personal safety of Users of the Service or the public
- Protect against legal liability
Security of Your Personal Data
We work hard to protect Sortium and you from unauthorized access to or unauthorized alteration, disclosure, or destruction of Personal Data we collect and store. Measures we take include encryption of the Sortium Website communications with SSL; periodic review of our Personal Data collection, storage, and processing practices; and restricted access to your Personal Data on a need-to-know basis for our employees, contractors and agents who are subject to strict contractual conﬁdentiality obligations and may be disciplined or terminated if they fail to meet these obligations. However, we are not in a position to guarantee the absolute security of Your Personal Data.
How You Can Access or Change Your Personal Data
Sortium understands that you may want to change, access, or delete your Personal Data. You may do so by contacting us via email at email@example.com. To protect your privacy and security, we will verify your identity before granting access or making changes to your Personal Data. Any request to access your Personal Data will be answered in less than thirty (30) days. Data.
What Are Your Privacy Rights
As explained above, we collect Personal Data in various ways depending upon your use of our Site. We process Personal Data on the following legal bases: (1) with your consent; (2) as necessary to perform our agreements; and (3) as necessary for our legitimate interests in providing services where those interests do not override your fundamental rights and freedom related to data privacy.
Personal Data we collect may be transferred to, and stored and processed in, the United States or any other country in which we or our aﬃliates, partners, or service providers maintain facilities.
If you are a resident of the European Union, European Economic Area, Channel Islands, Switzerland or the United Kingdom, you are entitled to the following rights. Please note, in order to verify your identity, we may require you to provide us with Personal Data prior to accessing any records containing information about you.
The Right to Access: You have the right to obtain information about our processing of personal data and a copy of your Personal Data that we store over the past 12 months.
The Right to Rectify your Data. You have the right to request that we update your Personal Data if it is inaccurate or incomplete.
The Right to Request Data Erasure: You have the right to have your Personal Data erased from our ﬁles if the data is no longer necessary for the purpose for which it was collected, you withdraw consent and no other legal basis for processing exists, or you believe your fundamental rights to data privacy and protection outweigh our legitimate interest in continuing the processing.
The Right to Restrict or Object to Our Processing: You have the right to restrict or object to our processing if we are processing your data based on legitimate interests or the performance of a task in the public interest as an exercise of oﬃcial authority (including proﬁling); using your data for direct marketing (including proﬁling); or processing your data for purposes of scientiﬁc or historical research and statistics.
The Right to Lodge a Complaint: You have the right to lodge a complaint about our data collection and processing actions with your data protection authority. Contact details for data protection authorities can be found on this website.
Nevada residents who wish to exercise their sale opt-out rights under Nevada Revised Statutes Chapter 603A may submit a request to this designated address: firstname.lastname@example.org. However, please know we do not currently sell data triggering that statute's opt-out requirements.
[Data Protection Oﬃcer]
Personal Data Management
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions will be encrypted using SSL technology. Solely to the extent applicable, usernames, email addresses, and passwords are collected upon creating an account and stored in an encrypted database.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website and Services, you are responsible for keeping this password confidential. At present, we require user-generated passwords to include a minimum of eight characters, but we strongly recommend you compose your passwords out of a longer chain of letters, number and punctuation marks as consistent with industry security best practices. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Website and Services like message boards. The information you share in public areas may be viewed by any user of the Website and Services.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website and Services. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website and Services.
Links to Other Websites
We have no control over and assume no responsibility for the content, privacy policies or practices/data protection practices of any third party sites or services.
Persons under the age of 18 are not eligible to use any Services.
- By email: email@example.com