Terms of Service



How We Collect and Use Information

The purpose of this section is to describe what data we collect, how we collect it and what we use it for. Simply put, we collect data that is publicly available on the internet, from our website, our SDKs, our APIs and our partners or customers to train our algorithms to be faster, smarter and more accurate. You are free to explore our websites without providing any information about yourself. However, if you sign up for the API or any other service, then we will require collection of account creation data, such as your name, email address, password, location and employer and we may collect other personal data as described herein. In addition, if you visit our website and allow tracking mechanisms (such as cookies), we may also collect IP address, browser, geographic information, length of visit and pageviews, referral source, adID and the like. By using our services, you may also send us images or videos with personal data, such as a person’s face or hand, of your users or that may contain other metadata that meets the criteria of personal data.

 Sharing Your Information

We use data, sometimes personal data, to train algorithms to recognize what is in images and videos, but there are lots of other things that go into building our products that we can’t do alone. Things like sending you email or figuring out the most popular models in our model gallery. We partner with other businesses to take care of that for us, such as HubSpot. Sometimes that means sharing your data with them. However, we value the trust you place in us so we carefully screen our partners and ensure that they can only see personal data that is absolutely necessary for them to get the job done. If you no longer consent to sharing your data with our partners, please contact privacy@xesto.io.  

Who we may share your information with:

We may share your information with third-party business partners for the purpose of providing the Services to you. Those business partners will be given limited access to your personal data as is reasonably necessary to deliver the Services. Such third parties must agree to use any of your personal data only for the purposes for which they have been engaged by Xesto and they must either comply with the Privacy Shield principles or another mechanism permitted by the applicable EU & Swiss data protection law(s) for transfers and processing of Personal Data (as defined thereby) or agree to provide adequate protections for your Personal Data that are no less protective than those set out in this Privacy Policy. If Xesto has knowledge that a third party to which it has disclosed your Personal Data covered by this Privacy Policy is processing such personal data in a way that is contrary to this Privacy Policy and/or the data protection law(s) we subscribe to, then Xesto will take reasonable steps to prevent or stop such processing. In such case, the third-party is liable for damages unless it is proven that Xesto is responsible for the event giving rise to the violation. 

Who you may choose to share your User Content with:

Any party that uses the Services is subject to the Terms of Services which incorporates the terms of this Privacy Policy. If you remove information that you posted to the Services, copies may remain viewable in cached and archived pages of the Service, or if other users have copied or saved that information. 

Information About Children

Xesto does not knowingly collect or solicit any information from anyone under the age of 13 or knowingly allow such persons to register as users. The Services and content are not directed at children under the age of 13. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at privacy@xesto.io .

Government Requests; Legal Process

Sometimes, we may be required to hand over information to the government or as part of a legal process (like a lawsuit or arbitration).  If we are permitted to do so, we will notify you of any such requirement before we comply. We intend to defend our customer’s’ rights against unlawful search and seizure.  However, we also refuse to support criminal activity.

What Happens if We Sell the Company?

We hope that if we sell the company, it will be to keep the Services running, in which case the buyer would need to assume all your information so they could seamlessly continue providing the Services to you. Sometimes things don’t work out and we have to sell the company in pieces. If that happens, our intent is to provide you with notice so that you can make your choice.

What happens in the event of a change of control:

We may buy or sell/divest/transfer the company (including any shares in the company), or any combination of its products, services, assets and/or businesses. Your information such as customer names and email addresses, User Content and other user information related to the Service may be among the items sold or otherwise transferred in these types of transactions. We may also sell, assign or otherwise transfer such information in the course of corporate divestitures, mergers, acquisitions, bankruptcies, dissolutions, reorganizations, liquidations, similar transactions or proceedings involving all or a portion of the company.

Your choices

We want to offer you choices when it comes to using features of our Services that may impact your privacy. If you purchase a feature of our Service and do not wish Xesto to use or share information that reasonably identifies you except to provide that feature of our Service, you may submit your request to the legal team at privacy@xesto.io.  Please keep in mind that you can always choose not to provide Xesto with information; however, Xesto may not be able to fulfill your requests or process your transactions if you do not provide certain required information.

You control your account information and settings:

You may update your account information and email-communication preferences at any time by logging into your account and changing your Profile Page or your settings. You can also stop receiving promotional email communications from us by clicking on the "unsubscribe link" provided in such communications. We make every effort to promptly process all unsubscribe requests. If you have any questions about reviewing or modifying your account information, you can contact us directly at privacy@xesto.io.

Opting out of collection of your information for Tracking / Advertising:

Please refer to your mobile device or browser's technical information for instructions on how to delete and disable cookies, and other tracking/recording tools. Depending on your type of device, it may not be possible to delete or disable tracking mechanisms on your mobile device. Note that disabling cookies and/or other tracking tools prevents Xesto or its business partners from tracking your browser's activities in relation to the Service, and for use in targeted advertising activities by third parties. However, doing so may disable many of the features available through the Service. If you have any questions about opting out of the collection of cookies and other tracking/recording tools, you can contact us directly at privacy@xesto.io.

How long we keep your User Content:

Following termination or deactivation of your User account, Xesto may retain your profile information and User Content for a commercially reasonable time for service improvement, backup, archival, or audit purposes.

Right to Access, Change or Delete Personal Data

Our API users have the right to know what Personal Data about them is included in the databases and to ensure that such Personal Data is accurate and relevant for the purposes for which Xesto collected it. If you require modification or erasure of your Personal Data, please submit a written request to our headquarters, attention to the Data Privacy Team. Xesto reserves the right to require you to verify your identity and ownership of the account for any request for modification, transfer, erasure, termination or otherwise and may take a reasonable amount of time to respond to any such request.

Storage and Processing:

Your information collected through the Service may be stored and processed in the Canada or any other country in which Xesto or its subsidiaries, affiliates or service providers maintain facilities. Xesto may transfer information that we collect about you, including personal information, to affiliated entities, or to other third parties across borders and from your country or jurisdiction to other countries or jurisdictions around the world. If you are located in the European Union or other regions with laws governing data collection and use that may differ from Canadian law, please note that we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction, and you consent to the transfer of information to the Canada or any other country in which Xesto or its parent, subsidiaries, affiliates or service providers maintain facilities and the use and disclosure of information about you as described in this Privacy Policy.

Keeping your information safe:

Xesto cares about the security of your information, and uses commercially reasonable safeguards to preserve the integrity and security of all information collected through the Service. To protect your privacy and security, we take reasonable steps (such as requesting a unique password) to verify your identity before granting you access to your account. You are responsible for maintaining the secrecy of your unique password and account information, and for controlling access to your email communications from Xesto, at all times. However, Xesto cannot ensure or warrant the security of any information you transmit to Xesto or guarantee that information on the Service may not be accessed, disclosed, altered, or destroyed. Your account settings may also be affected by changes to the functionality of third party sites and services that you add to the Xesto Service, such as social networks. Xesto is not responsible for the functionality or security measures of any third party.

Compromise of information:

In the event that any information under our control is compromised as a result of a breach of security, Xesto will take reasonable steps to investigate the situation and where appropriate, notify those individuals whose information may have been compromised and take other steps, in accordance with any applicable laws and regulations. By using Xesto's Services, you agree that we may notify you of any security breach through email and that notification will only occur after we confirm an actual breach occurred.

Consent; Changes

By using our Services, you consent to our collection of your information. If we change our technology or security or privacy practices, we will need to change this statement. So check back often. Let us know if you want us to send emails to you about changes to these privacy disclosures by contacting privacy@xesto.io and write “I choose to opt in to notifications about changes to the privacy disclosures.” When we change the policy in a material manner we will let you know and update the ‘last modified’ date at the bottom of this page.