What this Privacy Notice Covers
Emergence Cloud Services Privacy Notice
Last updated: March 14, 2025
At Emergence AI, a d/b/a of Merlyn Mind, Inc. (hereinafter "Emergence AI", “Emergence”, “our” or “we”), we take your privacy seriously and prioritize privacy and security from initial design to coding and final deployment of our systems and processes. Please read this Privacy Notice to learn how Emergence processes your personal information provided by you when you use the Emergence Cloud AI Services (hereinafter the “Cloud AI Services” or “Services”).
By using or accessing the AI Services in any manner, you acknowledge that you have read and understood the practices and policies outlined below with respect to the collection, use and sharing of personal information, as described in this Privacy Notice.
Your use of the Services is at all times subject to the Emergence Cloud AI Services Agreement and Data Processing Addendum applicable to the solution(s) that you are using (together, the “Agreement”). Any capitalized terms used but not defined in this Privacy Notice have the definitions given to them in the Agreement.
This Privacy Notice does not apply to use of the Emergence AI website, including but not limited to www.emergence.ai, which is governed by the Website Terms and Conditions and Website Privacy Policy, or the Emergence AI Playground, which is governed by the Emergence AI Terms of Use and Privacy Policy.
By using or accessing the AI Services in any manner, you acknowledge that you have read and understood the practices and policies outlined below with respect to the collection, use and sharing of personal information, as described in this Privacy Notice.
Your use of the Services is at all times subject to the Emergence Cloud AI Services Agreement and Data Processing Addendum applicable to the solution(s) that you are using (together, the “Agreement”). Any capitalized terms used but not defined in this Privacy Notice have the definitions given to them in the Agreement.
This Privacy Notice does not apply to use of the Emergence AI website, including but not limited to www.emergence.ai, which is governed by the Website Terms and Conditions and Website Privacy Policy, or the Emergence AI Playground, which is governed by the Emergence AI Terms of Use and Privacy Policy.
Privacy Notice Table of Contents
What this Privacy Notice Covers
This Privacy Notice covers how Emergence processes, secures, and protects any Personal Data that Emergence collects as part of Customer’s access to or use of the Cloud AI Services (the “Account Data”).
For the purposes of this Privacy Notice, “Personal Data”, “Personally Identifiable Information”, and/or “Personal Information” means any information that can be used to identify you, or that when added with other information can be linked to you as further defined under applicable data privacy laws, rules, or regulations.
For the purposes of this Privacy Notice, “Personal Data”, “Personally Identifiable Information”, and/or “Personal Information” means any information that can be used to identify you, or that when added with other information can be linked to you as further defined under applicable data privacy laws, rules, or regulations.
Personal Data Collection and Uses
We collect the following categories of Personal Data in relation to the Account Data:
Personal Data You Provide Directly
- Profile and Contact Data: Emergence collects identifiers such as first and last name, email address, and unique identifiers, such as your account login credentials to the Cloud AI Services or information you provide to receive additional information about our Services.
- Payment Information: Emergence AI may collect your payment information if you choose to sign up for an account with Emergence or purchase access to our Services.
- Feedback related to our Services: Emergence AI may use your feedback related to performance or improvements to the Services, including but not limited to ratings you may provide, such as thumbs up or thumbs down icons, responses to surveys, and other feedback you voluntarily provide.
- Other identifying information voluntarily provided by you (“Communication Data”): Emergence AI may use any other identifying information provided by you in emails, letters, texts, chats or other communication methods used by you related to the Services or other information, products or services requested by you.
Personal Data Collected through Use of the Services
- Device/IP Data: Based upon your device or browser permission settings, your device or browser may automatically send us information such as IP address (including IP address geolocation data), device ID, domain server, and/or type of device, operating system, or browser used to access the Services.
- Inputs and Outputs: Our AI services allow customers to prompt the Services in a variety of media including but not limited to the format of text files and documents, photos and images, and other materials along with the metadata and other information contained therein ("Inputs"), which generate responses (“Outputs”) based on the Inputs. If Personal Data is included in Inputs, we will collect that information and this information may be reproduced in Outputs.
- Web Analytics: Emergence collects analytic data on a customer’s use of the Services to provide analytic data to such customer to improve the user experience and use of the Services. Analytic data is segmented so that one customer's data is not used to improve the Services for another customer.
- Applications: Where you download and install certain applications or software we make available, we may receive information from your computing device, such as when you are logged on and available to receive updates or alert notices.
- Third Party Credentials: If you provide third party account credentials to us or otherwise sign in to the Services through a third-party site or service, some content and/or information in those accounts may be transmitted into your account with us.
Other Personal Data We May Receive
Emergence AI may also obtain Personal Data from customers when they explicitly agree to: (i) allow their Customer Data to be used to train our models and/or improve our services; and (ii) grant Emergence the right to conduct and use customer interviews and collect feedback about the Services. We take steps to minimize the privacy impact on individuals related to the use of Personal Data for these purposes by requiring customers to opt-in to such uses through a separate agreement and only using such customer data in a deidentified format for such uses.
When the Services are used in accordance with the Agreement, we do not collect any Special or Sensitive Categories of Personal Data about you. This includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data; nor does Emergence collect any information about criminal convictions and offenses.
When the Services are used in accordance with the Agreement, we do not collect any Special or Sensitive Categories of Personal Data about you. This includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data; nor does Emergence collect any information about criminal convictions and offenses.
Data that is Not Personal Data; Aggregated or De-Identified Data
We may create aggregated, de-identified or anonymized data from the Personal Data we collect, including by removing information that makes the data personally identifiable to a particular user. We may use such aggregated, de-identified or anonymized data and share it with third parties for our lawful business purposes, including to analyze, build and improve the effectiveness of the Services, conduct research, study user behavior, or promote our business, provided that we will not share such data in a manner that could identify you.
Purposes and Legal Bases for Collection of Personal Data
Emergence will only use your Personal Data as legally permitted under applicable law. Where European data protection laws apply, we rely on legal bases as set forth below for collection of your Personal Data.
The following table summarizes the purposes and legal bases for our collection of your Personal Data:
The following table summarizes the purposes and legal bases for our collection of your Personal Data:
Purpose
Legal Basis
Categories of Data
To provide the Services to you, including providing support services, facilitating payment, providing analytic data, and communicating with you for non-marketing purposes.
Contract, through the Agreement or other binding contract with you
- Profile/Contact Data
- Payment Information
- Feedback
- Communication Data
- Use/Analytic Data
To send marketing communications where you have signed up to receive them.
Consent
- Profile/Contact Data
To enforce the Agreement or other terms and conditions such as our Acceptable Use Policy.
Consent
Legitimate Interest
Legitimate Interest
- Profile/Contact Data
- Inputs/Outputs
- Use/Analytic Data
To protect our rights, property, and the Services, such as conducting audits and preventing and investigating alleged fraud, illegal activity, violations of our Terms of Service, and to meet our compliance obligations.
Legitimate Interest
Legal Obligation
Legal Obligation
- Profile/Contact Data
- Payment Information
- Feedback
- Inputs/Outputs
- Use/Analytic Data
To troubleshoot, identify and repair errors that impair the functionality of the Services.
Legitimate Interest
- Profile/Contact Data
- Feedback
- Use/Analytic Data
To conduct research.
Consent
Legitimate Interest
Legitimate Interest
- Profile/Contact Data
- Feedback
- Inputs/Outputs
- Use/Analytic Data
To train our AI models and improve the Services.
Consent
- Feedback
- Inputs/Outputs
We will not collect additional categories of Personal Data or use the Personal Data we collect for materially different, unrelated or incompatible purposes as those outlined herein without providing advance notice and an opportunity to object to such collection and/or processing to impacted individuals.
How We Share Your Personal Data
We disclose your Personal Data to the categories of service providers and other parties listed in this section. Depending on state laws that may be applicable to you, some of these disclosures may constitute a “sale” of your Personal Data. We do not rent, sell, or disclose your Personal Data to third parties without your knowledge and consent (where required by applicable law). For more information, please refer to the state-specific sections below.
- Service Providers. Your Personal Data will be transferred or made available to certain third parties that provide components of the Services or perform business functions on Emergence AI’s behalf. Emergence AI’s service providers are under a strict duty of confidentiality and nondisclosure and obligation to implement technical and organizational security measures commensurate with their level and scope of access to Personal Data, and service providers are only provided with the minimum necessary information they need to perform their designated functions. They include:
- Hosting, technology and communication providers, such as cloud services
- Security and fraud prevention consultants
- Support and customer service vendors
- Product fulfillment and delivery providers
- Generative artificial intelligence service providers
- Advertising Partners. These parties help us market our Services and provide you with other offers that may be of interest to you. In some cases where required by applicable law, you will have the opportunity to opt-in to these communications. In all cases, you will have the opportunity to unsubscribe from communications from these partners. They include:
- Ad networks
- Marketing providers
- Analytics Partners. These parties provide analytics on web traffic or usage of the Cloud AI Services. They include:
- Companies that track how users found or were referred to the Cloud AI Services
- Companies that track how users interact with the Services
- Companies that help generate leads or create user profiles
- Parties You Authorize, Access or Authenticate. These are third parties that you interact with directly either electively through your use of the Services or independently in the public domain that may link and/or direct you to the Services, and may include:
- Third parties you access through the Cloud AI Services
- Social media services
- Other users
- Legal Obligations. These are third parties that we are required to share certain information with to meet our legal obligations under applicable law, pursuant to a valid court order or other legal process, to protect our rights, property and/or the Services, for your safety or the safety of others, or to resolve disputes.
- Corporate Partners. These are our affiliates and related entities that provide support for the Services or other business functions or entities we are involved with through merger, corporate transaction, or other situations involving the transfer of business assets as part of a corporate transaction.
Data Security
We seek to protect your Personal Data from unauthorized access, use and disclosure using appropriate physical, technical, organizational and administrative security measures based on the type of Personal Data and the nature of our processing of that data. We commit to regular third-party audits of our systems and processes. We also execute contracts as required by applicable law with our service providers, contractors and vendors to ensure that Personal Data is processed in compliance with this policy and any other appropriate confidentiality and security measures. We restrict access to Personal Data on a need-to-know and a minimum necessary basis to only those employees and authorized service providers, contractors and vendors who require access to fulfill their job requirements. More information about Emergence AI’s security posture and documentation can be found in the Emergence Trust Center.
You also have an obligation to help protect your data by appropriately selecting and protecting your password and/or other sign-on mechanism, limiting access to your computer or device and browser, and signing off after you have finished accessing your account. Although we work to protect the security of your account and other data that we hold in our records, please be aware that no method of transmitting data over the internet or storing data is completely secure.
You also have an obligation to help protect your data by appropriately selecting and protecting your password and/or other sign-on mechanism, limiting access to your computer or device and browser, and signing off after you have finished accessing your account. Although we work to protect the security of your account and other data that we hold in our records, please be aware that no method of transmitting data over the internet or storing data is completely secure.
Data Retention
We retain Personal Data about you for as long as necessary to provide you with our Cloud AI Services or to perform the purposes for collecting your Personal Data. When establishing a retention period for specific categories of data, we consider who we collected the data from, our need for the Personal Data, why we collected the Personal Data, and the sensitivity of the Personal Data.
For Example:
For Example:
- We retain your profile information and credentials for as long as you have an account with us.
- We retain your payment data for as long as we need to process your purchase or subscription.
- We retain your device/IP data for as long as we need it to ensure that our systems are working appropriately, effectively, and efficiently.
In some cases we retain Personal Data for longer, if doing so is necessary to comply with our legal obligations, enforce our rights, resolve disputes or collect fees owed, or is otherwise permitted or required by applicable law, rule or regulation. We may further retain information in a de-identified, anonymous or aggregated form where that information would not identify you personally because it is anonymized and/or aggregated data.
Details of retention periods for different aspects of your personal data are available in our retention policy which you can request from us by contacting us at privacy@emergence.ai.
Details of retention periods for different aspects of your personal data are available in our retention policy which you can request from us by contacting us at privacy@emergence.ai.
Personal Data of Children
We do not knowingly collect or solicit Personal Data from children under the age of majority in their applicable jurisdiction (“Minors”), and our customers are prohibited from providing inputs to us that include Personal Data of Minors unless they have obtained legally required consent. If you are a Minor according to the laws in your jurisdiction, please do not attempt to register for or otherwise use the Cloud AI Services or send us any Personal Data. If we learn we have collected Personal Data from a Minor, we will delete that information as quickly as possible. If you believe that a Minor may have provided Personal Data to us, please contact us at privacy@emergence.ai.
Data Subject Rights and Choices
Subject to applicable law in the jurisdiction where you reside, you may have certain rights and choices with respect to your Personal Data, including those set forth below. Emergence AI will not discriminate based on your exercise of rights that you may have under applicable law.
Important Note: While we will make an effort to respond to all requests, please be aware that rights and/or choices related to Personal Data contained in the Account Data may be limited due to our obligations to comply with applicable law; with respect to established retention periods; fraud or crime prevention, investigation, or detection; the need to establish, exercise, or defend legal claims; or where necessary for internal administrative purposes.
Right to Know/Access: You can request more information about the Personal Data we hold about you and request access to such Personal Data. You can also access certain of your Personal Data by logging on to your account.
- Rectification: If you believe that any Personal Data we are holding about you is incorrect or incomplete, you can request that we correct or supplement such data. You can also correct some of this information directly by logging on to your account.
- Erasure: You can request that we erase some or all of your Personal Data from our systems, subject to certain exceptions.
- Withdrawal of Consent: If we are processing your Personal Data based on your consent (as indicated at the time of collection of such data), you have the right to withdraw your consent at any time. Please note, however, that if you exercise this right, you may have to then provide express consent on a case-by-case basis for the use or disclosure of certain of your Personal Data, if such use or disclosure is necessary to enable you to utilize some or all of our Cloud AI Services.
- Portability: You can ask for a copy of your Personal Data in a machine-readable format. You can also request that we transmit the data to another party where technically feasible.
- Objection: You can object to the processing of your Personal Data, further use or disclosure of your Personal Data for certain purposes, such as for direct marketing purposes or where the purpose for original collection or the types of Personal Data collected materially change.
- Restriction of Processing: You can ask us to restrict further processing of your Personal Data in certain circumstances.
- Automated Decision-Making: Emergence AI does not engage in decision-making based solely on automated processing or profiling in a manner which impacts your legal rights or that has the potential to significantly affect your rights.
- Sale and Targeted Marketing of Emergence AI Products and Services: If we share your Personal Data for targeted advertising to promote our products and services in the future, you may opt-out and we will honor global privacy controls.
- Right to File Complaint: You have the right to lodge a complaint about Emergence AI's practices with respect to your Personal Data with the supervisory authority in your applicable jurisdiction.
- A list of EU Member Supervisory Authorities is available here: https://edpb.europa.eu/about-edpb/board/members_en;
For more information about these rights, or to submit a data subject access request (a DSAR), correct, update or request that we delete Personal Data you have provided to us, please email us at privacy@emergence.ai. Please note that in some circumstances, we may not be able to fully comply with your request, such as if it is technically impractical, if it jeopardizes the rights of others, or if it is not required by law, but in those circumstances, we will notify you of such a decision. In some cases, we may also need you to provide us with additional information, which may include Personal Data, where necessary to verify or authenticate your identity and the nature of your request.
Transfers of Personal Data
The Cloud AI Services are hosted and operated in the United States (“U.S.”) through Emergence AI and its service providers, and if you do not reside in the U.S., laws in the U.S. may differ from the laws where you reside. By using the Cloud AI Services, you acknowledge that any Personal Data about you, regardless of whether provided by you or obtained from a third party, is being provided to Emergence AI in the U.S. and will be hosted on U.S. servers, and you authorize Emergence AI to transfer, store and process your information to and in the U.S., and possibly other countries, where you utilize the Cloud AI Services. In some circumstances, your Personal Data may be transferred to the U.S. pursuant to a data processing agreement incorporating standard data protection clauses.
Where Personal Data is transferred outside of the EEA or the UK, Emergence ensures that an adequate level of data protection is in place by either relying on approved adequacy decisions or data protection frameworks, or where none exist by securing standard contractual clauses as approved by the European Commission under Article 46 of the General Data Protection Regulation (“GDPR”) and as adopted by the UK Information Commissioner’s Office (“ICO”) and the Swiss Federal Data Protection and Information Commissioner (“FDPIC”) that allow Personal Data to be transferred outside of the EEA, the UK and Switzerland, as applicable, where an appropriate adequacy decision does not exist.
Where Personal Data is transferred outside of the EEA or the UK, Emergence ensures that an adequate level of data protection is in place by either relying on approved adequacy decisions or data protection frameworks, or where none exist by securing standard contractual clauses as approved by the European Commission under Article 46 of the General Data Protection Regulation (“GDPR”) and as adopted by the UK Information Commissioner’s Office (“ICO”) and the Swiss Federal Data Protection and Information Commissioner (“FDPIC”) that allow Personal Data to be transferred outside of the EEA, the UK and Switzerland, as applicable, where an appropriate adequacy decision does not exist.
Changes to this Privacy Notice
As we continually work to improve our Cloud AI Services, we may need to change this Privacy Notice from time to time. Upon any changes to this Privacy Notice, we will alert you to any such changes by placing a notice on the Emergence AI website or other platform where you interact with us, by sending you an email and/or by some other means. Please note that if you’ve opted not to receive legal notice emails from us (or you haven’t provided us with your email address), those legal notices will still govern your use of the Cloud AI Services and any updates thereto, and you are still responsible for reading and understanding them. If you use the Cloud AI Services after any changes to the Privacy Notice have been posted, that means you agree to all of the changes.
Contact Information:
If you have any questions or comments about this Privacy Notice, the ways in which we collect and use your Personal Data or your choices and rights regarding such collection and use, please do not hesitate to contact us at:
If you are located in the EU or UK, you may use the following information to contact our EU or UK-Based Member Representative:
UK Member Representative:
DP Data Protection Services UK Ltd., Attn: Emergence AI
16 Great Queen Street, Covent Garden, London, WC2B 5AH, United Kingdom www.dp-dock.com
Email: emergence@gdpr-rep.com
DP Data Protection Services UK Ltd., Attn: Emergence AI
16 Great Queen Street, Covent Garden, London, WC2B 5AH, United Kingdom www.dp-dock.com
Email: emergence@gdpr-rep.com
EU Member Representative:
DP-Dock GmbH,
Attn: Emergence AI
Ballindamm 39, 20095 Hamburg, Germany
www.dp-dock.com
Email: emergence@gdpr-rep.com
DP-Dock GmbH,
Attn: Emergence AI
Ballindamm 39, 20095 Hamburg, Germany
www.dp-dock.com
Email: emergence@gdpr-rep.com
Emergence’s Data Protection Officer (DPO) located in the EU is:
DP Dock DPO Services GmbH
Attn: Emergence AI
Grüffkamp 10, 24159 Kiel, Germany Wolfgang von Sandersleben
Email: emergence@dp-officer.com
DP Dock DPO Services GmbH
Attn: Emergence AI
Grüffkamp 10, 24159 Kiel, Germany Wolfgang von Sandersleben
Email: emergence@dp-officer.com
