CreateAI Website Privacy Policy

Effective: December 19, 2024

Updated: December 19, 2024

This is CreateAI Website Privacy Policy (“Privacy Policy).

CreateAI (including any one of its parent, subsidiary and affiliated companies, collectively “CreateAI”, “we” or “us” or “our”) are concerned about privacy issues. This Privacy Policy explains how we collect, use, disclose, share, and safeguard your personal information when you visit our website at www.iamcreate.ai (“Website”), engage with our marketing operations, or when you contact us, including through email or social media. Please read this Privacy Policy carefully. If you do not agree with the terms of this Privacy Policy, please do not access this Website. This Privacy Policy does not apply to personal information we obtain from individuals interacting with other CreateAI products and/or services. This Privacy Policy also does not apply to any products, services, websites, or content that are offered by third parties or have their own privacy notice.

If you apply for a job through the Website, our use of the personal information you provide through the Career Center and/or other means (e.g. email) is governed by the CreateAI Privacy Statement for Applicants and Candidates. 

Personal Information We Collect

Presently, the personal information we may collect includes:

1. Information You Provide (data directly from users or through third party)

• Your name;

• address (including postal address and shipping address);

• mobile phone number;

• email address;

• Information regarding identity, including National ID number;

• usernames, aliases, nicknames, roles, and other authentication and security credential information;

• voluntary demographic Information (e.g. age, sex, country/region, hometown, personal interest);

• content of feedback, inquiries and any phone conversations and emails with or to us.

We ask that you not send us, and you not disclose, any sensitive personal information (as defined under applicable laws) (for example, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, financial account, criminal background or trade union membership) on or through the Website or otherwise to us, unless you are required to provide such sensitive personal information to us in order to receive the benefit of our services. The information you might supply us depends on the scope of your interactions with the Website and how you participate in various opportunities that we provide. You provide information to us when you:

• create, register or administer your account;

• log in to the Website via your social media account(s) (e.g. Google, Facebook), and in this case we may receive your social media account information from third party social media providers. Such information obtained from third party social media providers will be added to your account information;

• register for or attend an event organized by us;

• communicate with us by phone, email, or otherwise;

• register for subscriptions and other communications through the Website;

• participate in a contest, promotion, sweepstakes, survey or other promotion;

• participate in a blog or forum.

2. Automatically Collected Information.

When you visit our website, we may use automatic data collection technologies as described under section “Cookies and Similar Technologies” in this Privacy Policy to collect the following information to ensure security and stable operation, prevent cheating and improve the functionality and quality of Website services and other purposes as set forth in section “How We Use Your Personal Information” of this Privacy Policy:

• access times;

• network and connection information, such as the Internet protocol (IP) address used to connect your computer or other device to the Internet and information about your Internet service provider, connection type, and approximate city level location of your internet connection based on IP address;

• cookies and other local storage tools used by websites and browsers to maintain information regarding your previous activities on a site;

• information about how the device is interacting with our Website and social media accounts;

• computer and device information, such as device, application, or browser information, browser plug-in type and version, operating system, or time zone setting;

• the full Uniform Resource Locators (URL) clickstream to, through, and from our website (including date and time), content you viewed or searched for, page response times and page interaction information (such as scrolling, clicks and mouse-overs);

• email addresses and phone numbers you used to contact us; and

• error logs.

In some jurisdictions, the information listed above may be considered personal information (or sensitive personal information), in which case we shall process such personal information in accordance with this Privacy Policy and applicable laws.

How We Use Your Personal Information

We may use the personal information you provide to us or that we collect about you to:

• respond to an email or other inquiry or request, including to fulfill your request to subscribe to a CreateAI newsletter;

• allow you to sign up for and participate in sweepstakes, contests and similar promotions and events and to administer these activities. Some of these activities have additional rules, which could contain additional information about how we use and disclose your personal information, so we suggest that you read these rules carefully.

• customize your experience on our Website;

• provide, maintain, analyze, and enhance our Website;

• monitor and analyze usage and trends to improve the functionality of our Website;

• develop marketing events and determine the effectiveness of marketing activities;

• perform other business activities as needed, including recruitment and developing investor relations;

• detect, prevent, and respond to fraud, abuse, and security issues;

• protect the rights, property or safety of CreateAI, you, our customers and clients, or others;

• fulfill our obligations under applicable laws and regulations, respond to requests of government authorities including those outside your country of residence;

• establish, exercise or defend legal claims and comply with legal process; and

• carry out any other purpose described to you at the time the information was collected.

Cookies and Similar Technologies

We use "cookies" and similar tracking technologies (collectively, “cookies”) to recognize your browser or device, improving security and to provide you with essential features and services. Please see section “Automatically Collected Information” above for examples of information we automatically collect through cookies. The cookies we use include:

• Session_id: We use Session id to maintain website session connections to ensure your normal access to the Website.

• App_language:For easy access to our Website by users from different countries, our Website is available in different language versions. We use App Language to support and allow the webpages to switch between different language versions automatically. 

Most web browsers and some mobile operating systems include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. There is no final uniform technology standard for recognizing and implementing DNT signals. As a result, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this Privacy Policy.

How We Share Your Personal Information

We will share your personal information with:

1. Our affiliates: Depending on how you engage with us, we may disclose and share your personal information with our affiliates for the purposes described in this Privacy Policy. Our affiliates will keep your information confidential and process it in accordance with, and as permitted by applicable data protection laws.

2. Third-party service providers (but only as necessary to provide services to us):

We employ other companies or individuals to provide services such as website hosting, data analysis, infrastructure provision, IT services and other similar services. These third-party service providers may have access to personal information needed to perform their functions. We will require those third-party service providers to use it only for the purposes for which we disclose it to them. Such service providers include:

(1) Amazon Cloudfront: We use Amazon Cloudfront CDN to optimize and secure dynamic web content delivery around the globe. You can review Amazon Cloudfront’s privacy policy at https://aws.amazon.com/privacy/?nc1=f_pr .

3. Regulatory agencies or others as requested by laws: we might need to share your personal information with third parties where required by law or to comply with a valid legal process (such as a search warrant, subpoena, or court order), to investigate or remedy potential violations of our policies, to protect our rights or property, or during emergencies when personal safety is at risk.

4. Merger, acquisition, reorganization, bankruptcy or other similar events: we may share your personal information with a buyer or other successor company in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of CreateAI’s assets, whether as a going concern or as part of a bankruptcy, liquidation, or similar proceeding, in which personal information held by CreateAI about our website visitors is among the assets transferred.

5. At Your Option: Other than as set out above, you will receive notice when personal information about you might be shared with third parties, and you will have an opportunity to choose not to share the information.

Data Retention

We will retain your personal information only for the period necessary to fulfill the purposes outlined in this Privacy Policy unless longer retention period is required by law or for auditing purposes, or as otherwise communicated to you.

The criteria used to determine our retention periods include:

• the length of time we have an ongoing relationship with you and provide requested services to you;

• whether there is a legal obligation to which we are subject;

• whether retention is advisable taking into account of our legal position (such as in regard to applicable statutes of limitations, litigation or regulatory investigations);

• upon your request or objection, provided there are no overriding legal grounds requiring us to maintain that information; and/or

• if our data collection was based on your consent and you revoke it

CreateAI has affiliated companies that are located throughout the world. you acknowledge and agree that your data will be stored and processed on our servers which may not located in your country/region of residence. Please be aware that, in general, the information we collect will be stored in our servers located in Japan. But depending on the services you use and how you engage with us, your information may be processed in countries/regions other than Japan and can be accessed by our support, engineering and/or our affiliates around the world.

Whenever we transfer personal information to other jurisdictions, we will make great efforts to take the appropriate safeguards to guarantee your rights in conformity with this Privacy Policy and any applicable laws and regulations.

Security

We have implemented reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure.

However, the transmission of information via the Internet is not completely secure. While we strive to protect your personal data, we also remind you to be aware of hacking, cyber-attacks, and other risks on the Internet. Therefore, we strongly urge you to take every possible precaution to protect your personal information when using our Websites.

Links to External Websites

For your convenience and informational purposes, our Website may embed content provided by third parties and contain links to external websites that are not owned or controlled by CreateAI. CreateAI has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any external websites. The inclusion of a link on the Website does not imply endorsement or guarantee of the linked site by CreateAI. If you visit such external sites operated by third parties, your activities and the collection, use, and disclosure of information will be subject to the privacy policies and terms of the external websites or services, and not this Privacy Policy.

Children’s Privacy

The Website is not directed to, or intended for children under 16. We do not knowingly collect personal information from children under the age of 16. If we find out that a child under 16 (or other age threshold required by local laws) has given us personal information, we will take steps to delete that information. If you have reason to believe that a child under 16 has provided personal information to us, please contact us through the means provided under the “Contact” section below.

If you are 16 above but are considered a minor in your country, you must have your parent or legal guardian read through this Privacy Policy with you and you represent that you have obtained the permission of your parent or guardian to use the Website and related services.

Your Rights and Choices

Subject to applicable laws and regulations, you may have the following data protection rights:

1. Request access to or a copy of your personal information;

2. Request deletion of your personal information;

3. Request correction or modification of your personal information;

4. Right to opt out of marketing communications;

5. Be informed about the personal information we collect and/or process about you, the sources of personal information, and the third parties with whom information was shared or sold and for what purposes;

6. Withdraw consent, if processing is based on consent;

7. Right to complain.

To exercise any applicable data protection rights, you may contact us through the means provided under the “Contact” section below.

To protect the security of your personal information, we may ask you to provide certain additional information to verify your identity before we respond to your requests. Under some circumstances, we may refuse to comply with your request as permitted by applicable laws and regulations. We may also charge a reasonable fee for complying with your request in accordance with applicable law, e.g. if your request is clearly repetitive or excessive.

Contact

If you have any questions as to how we collect and use your personal information, or would like to exercise your data protection rights, please contact us at infosec@iamcreate.ai .

Updates

We reserve the right to make changes to this Privacy Policy from time to time and for any reason. You should check this Privacy Policy regularly to see if there have been any changes. You will be deemed to have been made aware of, will be subject to, and will be deemed to have accepted changes in any revised Privacy Policy by your continued use of the Website after the date the revised Privacy Policy is posted.

California Privacy Rights and Additional Information

This privacy notice for California Residents supplements the information contained in this Privacy Policy and applies to visitors, users, and others who reside in the State of California. If you are a California resident, the California Consumer Privacy Act (“CCPA”) provides you with certain rights with respect to your personal information.

1. Collection and Use of Personal Information

In the preceding 12 months, we may collect, or may have collected the following categories of personal information:

• Identifiers, such as your name, alias, phone numbers, or IP address, your account log-in information, or a government-issued identifier (such as a state-issued ID number),

• personal information as described in the California Civil Code Section 1798.80. (e),

• commercial information,

• internet or other similar network activity.

For examples of more specific information we collect and the sources of such collection, please see “Personal Information We Collect” section in the Privacy Policy. We collect your data for the business and commercial purposes described in “How We Use Your Personal Information” Section.

2. Disclosure of Personal Information

We may disclose your personal information to third parties as described in the “How We Share Your Personal Information” above. The personal information that we may have disclosed for a business purpose in the preceding twelve months fall into the following categories, depending on how you engage with us:

• Identifiers, such as your name, alias, phone numbers, or IP address, your account log-in information, or a government-issued identifier (such as a state-issued ID number),

• personal information as described in the California Civil Code Section 1798.80. (e),

• commercial information,

• internet or other similar network activity.

All categories of personal information listed here may be disclosed to categories of third parties as listed in “How We Use Your Personal Information” section above.

3. Sale and share of Personal Information

California law requires that we provide transparency about your personal information we “share” or “sell”, which shall have meanings defined under the California Privacy Rights Act. In the preceding 12 months, we have not shared or sold any of your personal information.

4. Your Rights

you have the following rights under CCPA:

(1) Right to Know: You have the right to request more information about the categories and specific pieces of personal information we have collected, sold, and disclosed for a business purpose in the last 12 months;

(2) Right to Delete: You have the right to request deletion of your personal information,

(3) Right to Non-Discrimination: You have the right to be free from discrimination for exercising your rights under the CCPA;

(4) Right to Opt-Out: You have the right to opt-out of the sale or sharing of your personal information;

(5) Right to Correct: You have the right to correct inaccurate personal information we may have; and

(6) Right to Limit Use and Disclosure of Sensitive Personal Information: You have the right to limit the use and disclosure of sensitive personal information we may have.

To exercise any one of these rights, please contact through the means provided under the “Contact” section. You are also permitted under the CCPA to designate an authorized agent to submit certain requests on your behalf. In order for an authorized agent to be verified, you must provide the authorized agent with signed, written permission to make such requests or a power of attorney. We may also follow up with you to verify your identity before processing the authorized agent’s request.

5. California “Shine the Light” Disclosure

California Civil Code Section 1798.83 permits users of services that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. We do not share personal information for such purposes. To make such a request, please submit a verifiable consumer request to infosec@iamcreate.ai .

EEA and UK Residents Notice

If you are in the European Economic Area (EEA) or the United Kingdom (UK), the following additional information applies to you in addition to the Privacy Policy set out above.

1. Data Subject Rights

In addition to the information set out in the "Your rights and choices" section in the Privacy Policy above, you have the right to:

(1) ask us to restrict the processing of your personal data;

(2) data portability;

(3) to object to the processing of personal data.

2. Legal basis for processing your personal information

Our legal basis for collecting and using the personal information for the purposes as described in the Privacy Policy above is:

(1) To establish and perform our contract with you (i.e. our Terms of Service) and to provide our services;

(2) For our legitimate interests, where those interests are not overridden by your data protection interests of fundamental rights and freedoms, e.g. to improve our services;

(3) Consent, where obtained separately;

(4) For compliance with our legal obligations under applicable laws and regulations;

(5) To protect our or your vital interests or those of another person, e.g. against fraud and violations of our terms;

While we typically do not collect sensitive or special category personal information, where we do this, it will be on the grounds of consent or other applicable lawful basis. If you have questions, need further information about the legal bases for processing your personal information, or want to withdraw your consent, please see section “Contact” in the Privacy Policy above.

3. International data transfer

As a global company, we may transfer your personal information to our affiliates, third party service providers that operate around the world, which are located in countries other than the country in which you are resident. These countries may have data protection laws that are different to the laws of your country.

Where we transfer your personal information to countries and territories outside of the EEA and the UK, which have been formally recognized as providing an adequate level of protection for personal information, we rely on the relevant “adequacy decisions” from the European Commission, where applicable.

Where the transfer is not subject to an adequacy decision, we have taken appropriate safeguards, such as the European Commission’s Standard Contractual Clauses as issued on 4 June 2021, to require that your personal information will remain protected in accordance with this Privacy Policy. All companies are required to protect personal information that they process from Europe in accordance with European Union data protection law.

4. Data Protection Supervisory Authority

If you’re in the EEA or UK, you may lodge a complaint with an EEA or UK data protection authority for your country or region where an alleged infringement of applicable data protection law occurs.

Additional Notice for Mainland China (People’s Republic of China)

This section applies to you if you are located in Mainland China, and should be read in conjunction with the terms of this Privacy Policy, as set out above.

1. Data Subject Rights

In addition to the information set out in the "Your Rights and Choices" section in the Privacy Policy above, you (and your next of kin) are also entitled to additional rights under applicable laws, including:

• Right to require us to explain the rules of our processing of your personal information: You have the right to ask us to explain the details of our processing activities in relation to your personal information.

• Right to supplement personal information: you have the right to provide us with more personal information.

• Rights relating to Automated Decision Making: where automated decision making is used in processing your Personal Information, you have the right to opt out and not to be subjected to decisions made merely through Automated Decision Making, including profiling. If you believe that your personal interest is materially impacted by an automated decision, you have the right to ask us to explain the decision process and refuse the decisions made only through automated decision making methods

2. Cross-Border Transfer

We will transfer and/or disclose categories of your personal information described in “Personal Information We Collect” to our affiliates and other third parties (including our service providers) outside Mainland China only for the purposes set forth in the Privacy Policy, and in accordance with applicable data protection laws in mainland China. CreateAI may not be able to provide certain services to you if we do not carry out such transfer.

A list of our affiliates and/or third-party service providers outside mainland China that may receive, have access to, store, or process your personal information are set out as follows.

Company Name

CreateAI Holdings Inc.

TuSimple Inc.

Contact Information

9191 Towne Centre Dr. Ste 150, San Diego, CA 92122

phone number: +1 619 916 3144

Email:infosec@iamcreate.ai 

We have adopted contractual and security measures to protect your relevant rights and interests in relation to the transfer. If you have any queries regarding how we carry out cross-border transfers, or if you would like to exercise your statutory rights with respect to the third parties located outside Mainland China, please contact us as set out under “Contact” Section.

CreateAI Privacy Statement for Applicants and Candidates

This Privacy Statement explains what information CreateAI (including any one of its parent, subsidiary, and affiliated companies, hereinafter collectively referred to as “CreateAI”, “we”, “us” or “our”) collects during the application and recruitment process, how we use that information, and how you may access and update it.

Scope of personal information

CreateAI’s hiring process consists of multiple steps designed to evaluate your skills and qualifications for a particular position. When you choose to participate in our hiring process, we may collect or obtain personal information about you. This information may include:

• name, address, email address, telephone number, and other contact information;

• resume/CV and employment history (including current/desired salary level, and other details regarding compensation and benefits packages);

• education background, diploma and transcripts;

• voluntary demographic information, including gender, race, ethnicity, citizenship, nationality, and/or health information (only if required by law);

• veteran status;

• a government-issued ID (only where required by job responsibilities);

• work authorization documentation (only if required by law);

• reference information and/or information obtained through background checks (if applicable), including information provided by third parties;

• information about any assessments you may receive during the interview process;

• other information you provide to us in connection with an application and/or in support of our job recruitment process.

Use of personal information

CreateAI will use the information that you provide to assist in our recruitment and hiring process, including the following:

• evaluating you for current and future job opportunities, including matching your skills and interests to applicable job requirements;

• communicating with you throughout the hiring process;

• complying with applicable laws, regulations, legal processes or government requests or inquiries; and

• Improving our hiring and/or recruitment processes, including improving our diversity and inclusion efforts, adding your information to our talent pool so that we can recommend you positions that match your qualifications in the future.

If you are offered and accept employment with CreateAI, information collected about you during the hiring process may become part of your employment record.

For the purposes described above, we may share your information with:

• our affiliates and subsidiaries. 

• our authorized service providers to provide some of the services listed above, including conducting information verification/background checks.

• external third parties, such as local labor authorities and/or regulators in order to comply with applicable laws or response to legal process.

CreateAI operates globally, which means that your information may be stored and processed outside the country or region you reside. We comply with specific legal frameworks related to data transfers, such as the Standard Contractual Clauses, to require that your personal information will remain protected in accordance with this Privacy Statement.

You should be aware that, depending on where you reside and/or the location of the position you apply, there might be other additional privacy statements that govern the process of your personal information during our recruitment process. And in this case, such other privacy statements shall also apply and be construed in conjunction with, and as part of this Privacy Statement.

We take appropriate security measures to protect the information about you that is collected, processed and stored during the job application and recruitment process.

Data Retention and Deletion

We will retain your personal information only for the period necessary to fulfill the purposes outlined in this statement unless longer retention is required by law or for auditing purposes.

Privacy Inquiries and Correcting Your Information

If you have concerns or questions about this Privacy Statement for Applicants and Candidates or about CreateAI’s privacy practices, you may contact us at hr@iamcreate.ai.

In some places, you may have certain rights under data protection law. These may include the right to have your information updated or deleted, to access your information, or to object to our using it for certain purposes.

If you wish to access, correct, or delete your information, please contact hr@iamcreate.ai. We will process requests in accordance with applicable law, and there may be circumstances where we are not able to comply with your request.

Updates to Privacy Statement

We may update this Privacy Statement from time to time. We will post any changes to this Privacy Statement to this page.