Smarter AI Corporation, its affiliates and subsidiaries (collectively “Smarter AI”, “we”, “us”, or “our”) have updated our Privacy Policy effective as of January 1, 2024.

1. Background.

1.1 Smarter AI develops and provides computer vision solutions which include:

(a) Cameras which Customers buy, install, and control, and which are connected to our cloud software platform (the “Platform”);

(b) Artificial neural network models (“AI Models”), which Customers deploy on their Cameras to generate predictions and notifications based on Camera Data;

(c) Our Platform, which we operate, and which enables Customers to manage their Cameras and AI Models, and to process, store, and retrieve Camera Data; and

(d) Our application programmer interfaces, sample source code, and technical support (collectively our “Developer Materials”) which enable Customers integrate Platform features into their products and services.

1.2 Our solutions help our Customers to improve the safety, efficiency, and compliance of their operations. For example:

(a) A transportation company might monitor its vehicle fleet by installing Cameras in the vehicles and running AI Models to detect driver/driving data, road infrastructure, and other vehicles.

(b) A real estate management company might use Cameras to monitor its buildings by installing Cameras at the entrances / exits and running AI Models to detect people entering or exiting.

AI Models provided by Smarter AI do not include the generation of biometric data unless separate contractual arrangements are made to provide for such data. The policy of Smarter AI is not to distribute or license models which generate biometric data except to governments or other public bodies, or to private organizations who demonstrate a reasonable need for such data, and who agree to limitations on the accumulation and use of such data.

2. Acquiring Personal Data.

2.1 Camera Data. Cameras capture Camera Data, which may include Personal Data of any Data Subject within a Camera’s vicinity. A Customer (or their Reseller) may configure their Cameras to send Camera Data to our Platform for storage or processing (i) continuously, (ii) as determined by an AI Model, (iii) or as selected by the Customer (or their Reseller).

(a) If you are an Employee, we may acquire your Personal Data when a Camera operated by your employer (i.e. our Customer) sends Camera Data to our Platform. The right of your employer to send your Personal Data to us is determined by the terms of your employment and the labor, privacy, and other laws which govern it.

You should exercise care in deciding where to locate Cameras. You should not locate a Camera where it may capture Personal Data without the consent of your employer.

Collecting Camera Data can be prevented or terminated by disconnecting a Camera from its source of electricity. Whether you have the right to do this depends on the terms of your employment.

(b) If you are a Related Data Subject, we may acquire your Personal Data when a Camera operated by one of our Customers with whom you have a business or other relationship Camera sends Camera Data to our Platform.

(c) We may also acquire the Personal Data of Other Data Subjects when a Camera operated by our Customer sends Camera Data to our Platform.

The amount and nature of any Camera Data which is sent to our Platform is controlled by our Customers (or their Resellers) who operate the Cameras. We may also acquire Camera Data directly from Cameras for the purposes described in Sections 4.5 and 5.3.

2.2 Other Personal Data. In addition to Camera Data, we may acquire other Personal Data which is routinely disclosed in business transactions.

(a) Customers, Resellers, Users, and Contacts generally communicate with Smarter AI voluntarily. These organizations or people may send us Personal Data such as banking information, credit card numbers, or email addresses.

(b) We may acquire your Personal Data from third parties, such as other Customers, Resellers, Users, or Contacts that you have dealt with.

(c) Cookies are small data files stored by browsers to identity them. Our Platform uses cookies to enhance user experience by remembering User location and preferences. It is possible to configure most browsers to reject cookies.

3. Recording Personal Data.

3.1 On Cameras. Some Cameras have storage for recording Camera Data, which may include Personal Data. Customers (or their Resellers) control what Camera Data is recorded on their Cameras, and for how long it is retained there. Customers (or their Resellers) may configure their Cameras to record Camera Data (i) continuously, (ii) as determined by an AI Model, or (iii) as selected manually.

3.2 On our Platform. Our Platform also has storage for recording Camera Data, which may include Personal Data. Customers and Resellers may configure their Cameras to record Camera Data on our Platform, and can determine for long it is retained there, without any involvement of Smarter AI personnel. Accordingly, Customers and Resellers control what Camera Data is recorded and retained on our Platform.

You should contact the Camera’s operator (i.e. our Customer) about any inquiry you may have about recorded Personal Data.

3.3 By Smarter AI. Smarter AI may store Camera Data for the purposes described in Sections 4.5 and 5.3.

Smarter AI may also store routine business data in our business records, including copies of customer correspondence.

4. Processing and Using Personal Data.

4.1 Edge AI. Edge AI refers to the use of AI models at the edge of a network, rather than in a data center or the cloud. In edge AI systems, AI models are deployed on devices (such as Cameras), rather than on a server. This enables AI models to run closer to data sources for real-time data processing and predictions. Edge AI has several advantages over server-based AI, including:

Edge AI may reduce latency, as data does not need to be transmitted over a network to a server for processing.

Edge AI may be more energy-efficient, as data does not need to be transmitted back and forth between a device and server.

Edge AI can be used when network connections are unreliable, such as in mobile or remote locations.

Our Cameras and software support edge AI. This means that our software can process Camera Data as it is captured by, or while it is stored on, Cameras.

4.2 Cloud AI. Camera Data that is sent to our Platform can also be processed and used there by Customers and Resellers, and by other parties whom they authorize to do so.

4.3 By Customers and Resellers. Customers and Resellers control the processing and use of Camera Data on their Cameras and our Platform. Smarter AI does not control or monitor the manner in which Customers and Resellers process or use Camera Data. Smarter AI requires Customers and Resellers to comply with applicable laws and provisions of their Platform Agreement related to Personal Data protection.

Customers and Resellers may process and use Camera Data to improve the safety, efficiency, and compliance of Customer options. For example, a Customer which operates a fleet of vehicles might process Camera Data to monitor:

(a) Driving data, such as acceleration and speed, as well as traffic violations such as distracted driving, reckless driving, or speeding.

(b) People in the vehicle’s cabin, which might include Employees and related Data Subjects, and their faces, voices, and actions disclosed in or inferred from Camera Data.

(c) The vehicle’s surroundings, which might include images of Other Data Subjects, such as cyclists, drivers, and pedestrians.

Any conduct inside the vehicle, whether appropriate, inappropriate, or illegal (such as texting while driving) might be captured by a Camera, and thus available for processing and use by a Customer or Reseller.

4.4 By Others Authorized by Customers and Resellers. Customer and Resellers may also authorize other parties to process or use Camera Data controlled by the Customer or Reseller. For example:

(a) A Customer which operates a fleet of vehicles may authorize an insurance company to process and use its Camera Data.

(b) A Customer which owns a building may authorize a security company to process and use its Camera Data.

Smarter AI does not monitor the processing or use of Camera Data, or authorization thereof, by Customers or Resellers. Smarter AI requires Customers and Resellers to comply with the laws and provisions of their Platform Agreement related to Personal Data protection.

4.5 By Smarter AI. Smarter AI makes limited use of Camera Data which Customers and Resellers send to our Platform. Smarter AI uses Camera Data primarily to support the development of AI Models. To develop an AI Model intended to detect a certain event or condition, Smarter AI may use Camera Data containing instances of the event or condition in question.

We may also provide Camera Data to Developers to support their development of AI Models. In such cases, it is our practice to include contractual terms prohibiting any further copying or distribution of Camera Data provided to the Developer.

As part of our processing activities, we may also create Derivative Data. We may make this Derivative Data available, in a form that cannot reasonably be used to identify a Data Subject, to customers, government authorities, and other third parties.

Smarter AI may also use Camera Data to:

(a) Operate and support our Platform.

(b) Assist Customers who may report issues or request support.

We may also process and use routine business data to operate our business. Smarter AI does not sell Personal Data.

5. Reasons for Collecting, Recording, and Processing Personal Data

5.1 By Customers. We expect that our Customers purchase our Cameras and use our Platform and AI Models to improve the safety, efficiency, and compliance of their operations. Our Customers are likely to have the consent of any Employees and Related Data Subjects whose Personal Data may be included in their Camera Data.

5.2 By Developers. Developers may use Camera Data, which may include Personal Data, to develop, support, and improve AI Models.

5.3 By Smarter AI. Smarter AI makes use of Camera Data:

(a) to develop, support, and improve AI Models, Cameras, and our Platform, and

(b) to develop Derivative Data and new products and services.

Smarter AI may sell Derivative Data but does not sell Personal Data.

Smarter AI also makes use of Personal Data to carry out routine business functions, such as billing, customer support, and payments.

6. Retaining Personal Data

6.1 By Customers and Resellers. Camera Data may be recorded on Cameras and our Platform as described in Section 3. Customers and Resellers may configure retention periods for this recorded Camera Data.

Smarter AI does not monitor the retention of Camera Data by Customers and Resellers. Smarter AI requires Customers and Resellers to comply with laws and provisions of their Platform Agreement related to Personal Data protection.

6.2 By Smarter AI. Smarter AI does not retain most Camera Data beyond the retention periods specified by Customers and Resellers. Exceptions to this are:

(a) Camera Data which we use to develop, support, and improve AI Models, Cameras, and our Platform. In these cases, we only retain the Camera Data for as long as it is required for purpose in question.

(b) Camera Data included in backups of our Platform.

6.3 Smarter AI retains routine business data, such as banking information, credit card numbers, and email addresses, for at least as long as required.

7. Sharing Personal Data

7.1 By Customers. Our Platform enables our Customers and Resellers to share Camera Data with third parties.

Smarter AI does not monitor the sharing of Camera Data by Customers and Resellers. Smarter AI requires Customers and Resellers to comply with laws and provisions of their Platform Agreement related to Personal Data protection.

7.2 By Smarter AI. Smarter AI may share Camera Data in a few ways:

(a) We operate our Platform, including any Camera Data recorded on our Platform, on multiple cloud service provider regions.

(b) We may share Camera Data with Developers to develop, improve, or support AI Models as described in Section 5.

(c) We may share Camera Data with courts of law, law enforcement agencies, and other government authorities, if ordered to do so by competent bodies and according to applicable laws.

8. Personal Data of Children

Smarter AI does not knowingly collect or process images or other Personal Data of children. Cameras operated by Customers may capture images of children. Smarter AI makes no attempt to identify any children whose images may be sent by Cameras to our Platform.

Smarter AI requires Customers and Resellers to comply with laws and provisions of their Platform Agreement related to Personal Data of children.

Please contact our Customer, Reseller, or Smarter AI if you have any concerns about inappropriate use of images of children on any Camera or our Platform.

9. Transferring Personal Data Internationally

9.1 We operate our Platform on multiple cloud service provider regions. To the extent that Customers and Resellers store Camera Data on our Platform, our Platform enables them to select the region(s) where their Camera Data is stored.

Accordingly, Camera Data, which may include Personal Data, may be stored outside the jurisdiction where Data Subjects reside.

9.2 Smarter AI stores routine business data, such as banking information, credit card numbers, or email addresses, in jurisdictions where we operate our business.

9.3 It is the responsibility of Customers and resellers to identify what legal jurisdictions they are subject to and to identify and comply with any applicable laws in force in all such jurisdictions.

9.4 Export or transfer of data from the EU is subject to contractual provisions based on “Commission Implementing Decision (EU) 2021/914 of 4 June 2021 on standard contractual clauses for the transfer of personal data to third countries pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council.” A template for those contractual provisions, which can be modified to suit the circumstances of separate Customers, is available on the Smarter AI website.

10. Safeguarding Personal Data

10.1 In most instances, the Camera Data collected, stored, and processed on our Platform is controlled by our Customers and Resellers.

10.2 Smarter AI implements security measures standard for our industry to prevent unauthorized access to Camera Data and Personal Data stored on our Platform.

In all contracts with Customers, Resellers, Users, and third party developers of AI Models, we include provisions requiring any recipient of Camera Data from our Platform to comply with all laws related to Personal Data protection.

11. Changes to our Privacy Policy

We change this Privacy Policy from time-to-time to accommodate new regulations or requirements. We will post updates to this Privacy Policy to this URL. Please read the latest Privacy Policy available here from time-to-time.

12. Your Legal Rights Related To Personal Data

Many jurisdictions have laws governing the protection of Personal Data. Determining which laws might apply to your Personal Data can be complex. We urge you to seek legal advice or to contact government agencies where you live or work if you wish to have personal information.

Our corporate head office is located in the State of Nevada, where we are subject to Chapter 603A – Security and Privacy of Personal Information of the Nevada Revised Statutes. Please contact us for further information on the steps which we take to comply with the requirements of this law.

13. Whom to Contact about your Personal Data If you wish to make a request for Smarter AI:

(a) Not to sell your Personal Data (which is not our practice in any event); or

(b) To review and / or change any of your Personal Data which we have acquired;

You can send your request to the address set out in section 14 of the Privacy Policy, below. For other inquiries:

(c) If you are an Employee, please contact your employer first, as they exercise the most direct control over your Personal Data. If you do not know which one of our Customers exercises control over your Personal Data, or if you are not able to get sufficient information from your employer, you may contact Smarter AI.

(d) If you are a Related Data Subject, you may contact the Camera’s owner (i.e. our Customer) about any inquiry you may have. You may also contact Smarter AI, but we may contact our Customer about your inquiry, and our response to you may be limited by our confidentiality obligations our Customers.

(e) If you are an Other Data Subject, you may contact Smarter AI at the address set out in section 14 of this Privacy Policy.

14. Smarter AI Contact Information

Email: privacy@smarterai.camera

Mail: Smarter AI Corporation

8551 West Lake Mead Boulevard

Suite 240 Bullseye Vegas

Las Vegas, NV 81928

Appendix - Definitions

The following capitalized terms in this Privacy Policy have the following meanings:

“AI Model” means a machine learning algorithm which make inferences based on Camera Data. AI Models use principles of artificial intelligence and statistical analysis to recognize or detect specified objects or events which are captured in Camera Data.

“Camera” means a Smarter AI camera or gateway connected to our Platform.

“Camera Data” means:

(a) audio, sensor, and video data captured by a Camera, and

(b) telematics data captured by a Camera connected to a vehicle.

If you come within a Camera’s vicinity, Camera Data may include Personal Data about you, including:

(d) your location,

(e) times when you are in the Camera’s vicinity, and

(f) sounds and images of you and your actions while in the Camera’s vicinity.

“Contact” means an organization or person (other than a Customer, Reseller, or User) who contacts Smarter AI.

“Customer” is any Person who (i) purchases Cameras provided by Smarter AI or an authorized Smarter AI reseller, or (ii) purchases a Subscription to the Platform

“Data Subject” means a person whose Personal Data is captured by a Camera and becomes Camera Data. We distinguish between 3 types of Data Subjects:

“Employee” means a Data Subject who is an employee of a Customer or who provides services to a Customer under a similar arrangement.

“Related Data Subject” means a Data Subject with a contractual or business relationship with a Customer, for example a passenger on a bus or train operated by a Customer, or an employee of a tenant in a building owned by a Customer.

“Other Data Subject” means a Data Subject with no contractual or business relationship with a Customer, for example a pedestrian who comes into the vicinity of a Camera mounted on a Customer’s building vehicle or building.

“Derivative Data” means data based on Camera Data, but which does not include Personal Data, such as aggregated, anonymized or de-identified data.

“Developer” means an organization or person that develops AI Models for Cameras or our Platform.

“Personal Data” means data that can either distinguish or trace an individual’s identity or dated related to an identified or identifiable individual.

“Platform” means our Smarter AI enablement software components which run in the cloud. Our Platform provides features including:

• Camera configuration and management,

• AI Model deployment, and

• Camera Data recording, searching, and playing.

“Platform Agreement” means an agreement governing the terms under which Customers or Resellers can use our Platform. Among other things, our Platform Agreement requires our Customers and Resellers to comply with this Privacy Policy, and applicable laws governing the protection of Personal Data.

“Reseller” means an organization or person which sells Cameras or Platform access to others, who then become Customers.

”User” means an organization or person who uses Cameras or our Platform, but is not a Customer. A User is usually an employee or representative of a Customer or Reseller who has been authorized to use Cameras or our Platform.