Clutchy Ai Privacy Policy

1. Introduction

Hangzhou Yanhuang Intelligent Technology Co., Ltd. (“we,” “us,” “our,” or the “Company”) operates Clutchy Ai, an AI-powered mobile keyboard designed to help users improve their communication and language expression skills. This Privacy Policy (“Policy”) describes how we collect, use, store, share, and protect your personal information when you access or use our Service (as defined in our Terms of Service). This Policy incorporates by reference all definitions and terms from the Terms of Service.

For residents of California, Colorado, Virginia, Connecticut, Utah, and Canada: This Privacy Policy provides you with additional rights under applicable laws, including the California Consumer Privacy Act (CCPA/CPRA), the Colorado Privacy Act (CPA), the Virginia Consumer Data Protection Act (VCDPA), the Connecticut Data Privacy Act (CTDPA), the Utah Consumer Privacy Act (UCPA), and Canada's Personal Information Protection and Electronic Documents Act (PIPEDA). Please refer to Section 8 (Your Privacy Rights) for details.

This Privacy Policy, together with our Terms of Service, etc., governs our collection, use, and disclosure of your personal information. By creating an account, downloading, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by this Privacy Policy. If you do not agree, please do not use the Service.

Capitalized terms we do not define here have the meanings given in our Terms of Service.

2. INFORMATION WE COLLECT

We collect information you give us directly, information we receive automatically when you use the Service, and information we receive from third parties.

2.1 Information You Provide

2.2 Information Automatically Collected

2.3 Sensitive Personal Information

Under applicable laws (including CCPA/CPRA and CPA), we consider the following as Sensitive Personal Information:

• Chat content, which may include information revealing race or ethnicity, religious beliefs, sex life or sexual orientation, health information, or other similar sensitive categories
• Emotional analysis results derived from chat content (which may be treated as health data under applicable laws, including Washington's My Health My Data Act)
• Typing patterns (when Full Access is enabled and you actively use AI features)

We do NOT collect: Passwords, financial account numbers, Social Security numbers, driver's license numbers, or precise geolocation (GPS).

2.4 Biometric Information

We do not collect, capture, purchase, receive through trade, or otherwise obtain, store, or use "biometric identifiers" or "biometric information" as those terms are defined under the Illinois Biometric Information Privacy Act, 740 ILCS 14 et seq. ("BIPA"); the Texas Capture or Use of Biometric Identifier Act, Tex. Bus. & Com. Code § 503.001 ("CUBI"); the Washington Biometric Identifiers Law, Wash. Rev. Code § 19.375 et seq.; or comparable state or federal law.

Although our Service may analyze the text content of chat screenshots or messages you upload to generate reply suggestions, we do not perform facial recognition, voiceprint analysis, retina or iris scanning, hand or face geometry scanning, or any other form of biometric processing on any person depicted in or associated with such content.

If we ever intend to begin collecting biometric identifiers or biometric information, we will update this Privacy Policy in advance, provide all notices required by applicable law, and obtain any required separate written consent before such collection begins.

2.5 Information About Third Parties

You can add a contact’s birthday to their profile and edit or remove it later. In versions with Real-world context, this account-wide setting is off by default. When enabled, it may use birthdays to tailor suggestions. Birthdays you’ve saved stay in your contacts’ profiles when you turn this setting off.

When you upload chat content that includes information about another individual (e.g., screenshots of conversations with a third party), that information may constitute Personal Data of that third party under applicable laws.

Our processing of such information is based on your representation and warranty in our Terms of Service that you have obtained the explicit consent of that third party or are otherwise legally authorized to share their information with us.

How We Handle Third-Party Information:

• Collection & Use: We process third-party information solely for the purpose of providing the AI reply generation feature you requested. We do not use this information to identify, profile, or contact the third party independently.
• Retention: Third-party information contained in uploaded chat content is subject to the same retention policy as your own chat data (anonymized within 30 days).
• Access & Deletion Requests by Third Parties: If a Clutchy Ai user uploaded your information without your consent, contact us at yhuangkeji@163.com. We will investigate and, upon verification, delete your information within a reasonable time. We may request proof of identity and proof of the unauthorized upload.

Your Responsibility:

You are solely responsible for complying with all applicable wiretapping, eavesdropping, and consent laws (e.g., California Penal Code §632, Illinois Eavesdropping Statute) in your jurisdiction before uploading any chat content that includes a third party's communications. When required by law, you must obtain the third party's prior consent. We do not provide legal advice, and you should consult with an attorney if you are unsure of your obligations.

Important Notice: Before uploading any chat content that involves another person, you are required to review the in-app notice regarding consent laws in your state. By proceeding with the upload, you reaffirm your representation that you have obtained all necessary consents or are otherwise legally permitted to share such content.

3. HOW WE USE YOUR INFORMATION

We use your information only for the following purposes:

• To provide AI-generated reply suggestions
• To improve and optimize our AI models (with your opt-out right – see Section 8)
• To authenticate your account and prevent fraud
• To process payments for premium memberships
• To comply with legal obligations

We may combine information collected from different sources (e.g., from your account and your use of the Service) for the purposes described above, but only to the extent permitted by applicable law.

AI Model Training: We may use a portion of Your Content—including chat screenshots, prompts you submit, and AI-generated suggestions—to train, fine-tune, and improve the AI models that power the Service. Keyboard records of selecting a suggestion or initiating a send, when collected with authorization for reply usage analysis, are used for that analysis only. Before using Your Content for model training, we apply technical and organizational measures to remove or mask direct identifiers (such as names, phone numbers, and email addresses) and to reduce the risk of re-identification.

If you wish to opt out of having Your Content used for AI model training, please email us at yhuangkeji@163.com. You may opt out at any time, and opting out will not affect your ability to use the Service. Upon receiving your request, we will honor it for subsequent relevant training processing; it does not affect processing lawfully carried out before withdrawal. Deleting source content does not automatically reverse the effects of completed training on model parameters. Except where applicable law requires otherwise, we do not undertake to retrain or roll back models or individually eliminate existing training effects. Requests concerning source content or training samples that we still retain and can locate are handled under this Policy and applicable law.

We do not sell Your Content to third parties for training their separate AI models. If you reside in a U.S. state whose law treats AI-training use of personal information as a "sale" or "share," you can opt out by emailing us as described above.

Free or paid status does not, by itself, authorize model training. If a version of the Service offers training settings, the applicable use is limited to the purposes disclosed and the relevant authorization obtained. The opt-out rights described above apply to both free and paid users.

Where we engage third-party AI service providers, we do so under written data processing agreements that restrict their use of Personal Data and require appropriate technical and organizational safeguards, consistent with this Section.

4. THIRD-PARTY SERVICES (SDKs)

We disclose your Personal Data to the service providers and third parties listed below. Some of these disclosures may constitute a “sale” under certain state laws. See state-specific sections for details.

• Service Providers. These parties help us provide the Services or perform business functions on our behalf. They include:
• Third-party AI and LLM providers
• Hosting, technology and communication providers.
• Security and fraud prevention consultants.
• Support and customer service vendors.
• Advertising and Analytics Partners. These parties provide analytics on web traffic and help us measure, place, and optimize advertisements. They include:
• Companies that track how users found or were referred to the Services
• Companies that deliver targeted advertisements on our behalf,
• Companies that track how users interact with the Services
• Companies that measure advertising campaign performance and conversion rates
• Companies that help us understand user demographics and interests for advertising purposes

• Business Transfers. All of your Personal Data that we collect may be transferred to a third party if we undergo a merger, acquisition, bankruptcy or other transaction in which that third party assumes control of our business (in whole or in part). Should one of these events occur, we will make reasonable efforts to notify you before your information becomes subject to different privacy and security policies and practices.
• Legal Obligations. We may disclose your information when we have a good faith belief we are required to do so by law, or in response to a subpoena, court order, or other legal mechanism. We may also disclose your information when we have a good faith belief that disclosure may prevent fraud and abuse of the Service or its users or protect our property rights.

For California residents: We do NOT sell your personal information for monetary consideration. If we ever use your data for cross-context behavioral advertising, you may opt out by contacting yhuangkeji@163.com.

5. DATA STORAGE AND RETENTION

5.1 Storage Location

For North American users: Your personal information is stored on servers located in the United States (AWS us-east-1 region).

When we transfer data to service providers outside the U.S. (e.g., AI model providers in other countries), we ensure:

• An adequate level of protection consistent with U.S. privacy laws;
• Standard Contractual Clauses (SCCs) or other approved transfer mechanisms where required.

5.2 Retention Period

We retain your personal information only as long as necessary to fulfill the purposes described in this Policy:

• Active account data: Until you delete your account (subject to the Terms of Service)
• Raw chat data used for AI training: Deleted within 30 days after anonymization
• Anonymized data: Retained indefinitely for model optimization
• Payment records: 7 years (for tax and legal compliance)
• Retention of De-Identified Data: Information that has been de-identified (stripped of direct identifiers such as name, phone number, and device ID) is not subject to this retention policy and may be retained indefinitely for research, analytics, and model improvement purposes. We commit to maintaining de-identified data without attempting to re-identify it.

Once your account is deleted, you can no longer use any remaining Spark Credits or membership time on that account. Before deleting it, cancel any Apple subscription in your Apple Account settings or check your recurring payment agreement in WeChat Pay. Upon your verified request or upon termination of your account, we will delete or de-identify your personal information from our active production systems within thirty (30) days. Backup copies will be deleted in the ordinary course of our backup-retention cycle, which does not exceed ninety (90) days. We may retain certain information beyond these periods only where required by applicable law, to resolve disputes, to enforce our agreements, or to prevent fraud and abuse, in each case for the minimum period necessary.

6. DATA SECURITY

We implement commercially reasonable security measures, including encryption (AES-256 at rest, TLS 1.3 in transit), access controls, and regular security audits. However, no method of transmission over the internet is 100% secure.

In the event of a confirmed security breach involving your personal information, we will notify you and applicable regulators in accordance with all applicable U.S. federal and state data-breach notification laws, including without limitation Cal. Civ. Code § 1798.82 and analogous laws in all 50 states, the District of Columbia, and U.S. territories.

7. AI ALGORITHMS & AUTOMATED DECISION-MAKING

We use generative AI models to provide reply suggestions. This constitutes automated decision-making as defined under applicable laws (including CPA and VCDPA).

We may update the models and technical implementation used to provide the Service as technology and service needs evolve, subject to applicable law. If this changes how we process your personal information, we will update the relevant notices and obtain consent where required.

Your rights regarding automated decisions:

• You may request an explanation of any automated decision
• You may request human review of any AI-generated output
• You may opt out of automated decision-making entirely (which will disable AI reply features)

To exercise these rights, contact yhuangkeji@163.com.

User Responsibility: As stated in our Terms of Service, you bear sole responsibility for reviewing, editing, and approving any AI-generated suggestion before sending it, and for any consequences arising from your use of AI-generated content.

8. YOUR PRIVACY RIGHTS (NORTH AMERICA)

8.1 Rights for All Users

You can always:

• View or edit available profile details in My → User Settings. To request access to, correction of, or deletion of your personal information, email yhuangkeji@163.com.
• Request a copy of your data (portability) at yhuangkeji@163.com
• Delete your account at: [My] → [User Settings] → [Delete Account] (see Terms of Service Section 10 for details)

We recognize the Global Privacy Control (GPC) signal as a valid request to opt out of the sale of your personal information and cross-context behavioral advertising. If we detect a GPC signal from your browser or device, we will treat it as a binding request to opt out, consistent with California law.

8.2 Additional Rights for California Residents

If you live in California, send privacy requests or questions to yhuangkeji@163.com. In the international app, open My → Support and tap the email address to compose a message, or press and hold it to copy it. California residents have the right to request a list of the categories of personal information disclosed to third parties during the preceding 12 months.

Additionally, under California Civil Code Sections 1798.83-1798.84, California residents are entitled to contact us to prevent disclosure of Personal Data to third parties for such third parties’ direct marketing purposes; in order to submit such a request, please contact us at yhuangkeji@163.com.

You have the right to restrict our use of sensitive personal information (such as chat content and sentiment analysis results). Send a request to yhuangkeji@163.com.

8.3 Additional Rights for Nevada Residents

If you are a resident of Nevada, you have the right to opt out of the sale of certain Personal Data to third parties who intend to license or sell that Personal Data. You can exercise this right by contacting us at yhuangkeji@163.com with the subject line “Nevada Do Not Sell Request” and providing us with your name and the email address associated with your account.

8.4 Additional Rights for U.S. State Residents

If you are a resident of a U.S. state that has enacted a comprehensive consumer privacy law—including, without limitation, Colorado (CPA), Connecticut (CTDPA), Delaware (DPDPA), Indiana (when effective), Iowa (ICDPA), Kentucky (when effective), Maryland (MODPA), Minnesota (MCDPA), Montana (MTCDPA), New Hampshire, New Jersey, Oregon (OCPA), Rhode Island (when effective), Tennessee (TIPA), Texas (TDPSA), Utah (UCPA), and Virginia (VCDPA)—you have certain rights with respect to your personal information, which may include the right to:

(i) confirm whether we process your personal information and access a copy of it; (ii) correct inaccuracies in your personal information; (iii) delete your personal information, subject to certain exceptions; (iv) obtain a portable copy of your personal information; (v) opt out of (A) the sale of your personal information, (B) targeted advertising, and (C) profiling in furtherance of decisions that produce legal or similarly significant effects concerning you; (vi) limit our use of your sensitive personal information; and (vii) appeal our denial of any of the foregoing rights.

Maryland residents additionally have rights related to data minimization, and we will limit our processing of personal data of Maryland residents to what is reasonably necessary and proportionate to the purposes disclosed in this Policy. Some of these state laws also prohibit the sale of sensitive personal information and the sale of the personal information of consumers under age 16 (or in some states, under 13) without opt-in consent.

To exercise any of these rights, please contact us at yhuangkeji@163.com. We will respond within the timeframes required by applicable law (generally forty-five (45) days, with possible extension). We will not discriminate against you for exercising these rights.

9. CHILDREN’S PROTECTION

As stated in our Terms of Service, to use the Service you must be of legal age (18 years of age or older or otherwise of legal age in your jurisdiction). Our service is not directed to individuals under 18 years of age.

9.1 Children (Under 13)

We do not knowingly collect personal information from children under 13. If we discover we have done so:

• We will delete the data immediately
• We will notify the parent/guardian within 48 hours (if contact info is available)
• We will terminate the account (consistent with Terms of Service Section 10)

9.2 Parent/Guardian Rights

If you believe your child has provided us with personal information without your consent, contact us immediately at yhuangkeji@163.com. We will delete the data within 24 hours.

10. DATA TRANSFER AND INTERNATIONAL USERS

10.1 Cross-Border Data Transfers

Your personal information may be transferred to, stored, and processed in the United States or other countries where we or our service providers operate. When we transfer data from Canada or other jurisdictions to the United States, we rely on appropriate safeguards, including Standard Contractual Clauses where required.

10.2 Users Outside the United States

If you are accessing the Service from outside the United States, please be aware that your information may be transferred to, stored, and processed in the United States where our servers are located. By using the Service, you consent to this transfer.

11. CHANGES TO THIS PRIVACY POLICY

We may update this Policy from time to time. The “Last Updated” date at the top will reflect changes.

For material changes that expand our data collection or sharing practices, we will:

• Provide prominent notice within the Service (e.g., a pop-up notification upon next launch);
• Send an email to the address associated with your account (if you have provided one);
• Obtain your affirmative consent (opt-in) where required by applicable law.

Continued use of the Service after changes become effective means you accept the updated Policy. If you do not agree to the changes, you may delete your account and stop using the Service.

12. INTERNATIONAL USERS AND LOCAL MANDATORY LAW

The Service is operated from the United States. If you access or use the Service from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws.

Where the laws of your country or region of residence grant you mandatory consumer, privacy, or other rights that cannot be waived by contract, nothing in this Policy or our Terms of Service shall limit those rights, and such mandatory provisions of local law shall prevail to the extent of any conflict with this Policy.

13. GOVERNING LAW AND DISPUTE RESOLUTION

Except to the extent preempted by the Federal Arbitration Act, this Privacy Policy and any disputes arising under it shall be governed by California law without regard to conflict of law provisions. Any dispute, claim, or controversy arising out of or relating to this Privacy Policy or our privacy practices shall be subject to the Dispute Resolution provisions (including the binding arbitration agreement and class action waiver) set forth in Section 15 of our Terms of Service. By using the Service, you agree to those terms.

14. CONTACT US

If you have questions or comments about this Policy, how we collect and use your Personal Data, or your rights and choices, write to Hangzhou Yanhuang Intelligent Technology Co., Ltd., Room 607, Building 17, No. 57, Kejiyuan Road, Baiyang Subdistrict, Qiantang District, Hangzhou City, Zhejiang Province, China. Email: yhuangkeji@163.com.