Privacy Policy

1. Introduction

BatchData LLC ("Company," "we," "us," or "our") operates the VoNote mobile application ("Service"). This Privacy Policy informs you of our policies regarding the collection, use, and disclosure of personal data when you use our Service.

By using the Service, you agree to the collection and use of information in accordance with this policy. This policy is limited to users within the United States.

Important: By using VoNote, you acknowledge that you have read, understood, and agree to all terms in this Privacy Policy, including your sole responsibility for compliance with all recording and biometric data laws, and your agreement to indemnify BatchData LLC for any violations.

2. Information Collection

2.1 Information You Provide

We collect information you directly provide, including:

• Account information (phone number, name, email address)
• Voice recordings you create
• Location data when you create recordings
• User-generated content (notes, corrections, queries)

2.2 Automatically Collected Information

When you use our Service, we automatically collect:

• Device information (type, operating system, unique identifiers)
• Usage data (features accessed, session duration)
• Log data (IP address, access times)

2.3 Biometric Information

The Service automatically processes voice recordings to create biometric identifiers ("voiceprints") for speaker identification purposes. This processing occurs for all voices present in recordings you create.

Important Notice: You acknowledge that:

• You are solely responsible for obtaining any required consents from individuals you record
• You are the data controller for all biometric data of third parties in your recordings
• BatchData LLC acts merely as a data processor following your instructions
• Violations of biometric privacy laws may result in statutory damages of $1,000 to $5,000 per violation under laws such as the Illinois Biometric Information Privacy Act
• You accept sole financial responsibility for any such penalties or claims

3. Use of Information

We use collected information to:

• Provide and maintain the Service
• Process your recordings and generate transcriptions
• Create speaker identification features
• Manage your account and subscriptions
• Communicate with you about the Service
• Comply with legal obligations

4. Legal Basis for Processing

We process your personal data based on:

• Consent: You consent to processing by using the Service
• Contract: Processing necessary to provide the Service under our Terms
• Legal Obligations: When required by law
• Legitimate Interests: For security and service improvement

Biometric Data Processing: You direct us to process biometric data when you upload recordings. You are the data controller for biometric data of third parties in your recordings, and we process such data solely on your instructions as a data processor.

5. Data Sharing

We share information with:

• Service Providers: Third parties that help us operate the Service (Firebase, AssemblyAI, OpenAI, RevenueCat)
• Legal Requirements: When required by law or legal process
• Business Transfers: In connection with any merger, sale, or acquisition
• With Your Consent: When you direct us to share information

We do not sell your personal information.

6. Data Retention

We retain your information as follows:

• Voice recordings: Until you delete them
• Biometric data: Maximum of three years from creation
• Account information: Duration of account plus 90 days
• Payment records: As required by financial regulations

7. Data Security

We implement appropriate technical and organizational measures to protect your data, including encryption and access controls. However, no method of transmission over the Internet or electronic storage is 100% secure. You acknowledge and accept the inherent risks in transmitting information electronically.

7.1 Limitation of Liability

To the maximum extent permitted by law:

• BatchData LLC shall not be liable for any damages arising from biometric data processing
• BatchData LLC disclaims all liability for your violations of biometric privacy laws
• You agree that BatchData LLC's total liability for any claims shall not exceed the amount you paid for the Service in the twelve months preceding the claim
• BatchData LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages

8. Your Rights and Choices

8.1 Access and Control

You may:

• Access your personal information
• Correct inaccurate data
• Delete your recordings and account
• Export your data
• Object to certain processing

8.2 California Privacy Rights

California residents have additional rights under the California Consumer Privacy Act (CCPA), including:

• Right to know what personal information is collected
• Right to delete personal information
• Right to opt-out of sale (we do not sell personal information)
• Right to non-discrimination

8.3 Illinois Biometric Information Privacy Act

If you are an Illinois resident or record Illinois residents, you acknowledge that:

• We collect biometric identifiers from voice recordings
• Biometric data is retained for up to three years
• We do not sell, lease, or trade biometric data
• You are solely responsible for obtaining written consent from Illinois residents you record
• You acknowledge that BIPA provides a private right of action with statutory damages
• You assume all liability for BIPA compliance in your recording activities
• BatchData LLC makes no representations about BIPA compliance for your specific use case

9. Your Responsibilities

By using the Service, you acknowledge and agree that:

• You are solely responsible for compliance with all applicable recording laws
• You must obtain all necessary consents before recording individuals
• You must inform recorded parties about biometric data processing where required
• You assume all risks and liabilities associated with your recording activities
• You assume all liability for biometric data collection and processing of third parties
• You acknowledge the inherent risks in collecting biometric data and accept all such risks
• You waive any claims against BatchData LLC arising from biometric data processing
• You will indemnify and hold harmless BatchData LLC from any claims arising from your use

9.1 Biometric Data Indemnification

You specifically agree to defend, indemnify, and hold harmless BatchData LLC, its officers, directors, employees, and agents from any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

• Any claims related to biometric data collection or processing
• Violations of any biometric privacy law including but not limited to BIPA, CUBI, or similar statutes
• Claims by any person whose voice was recorded and processed into biometric data
• All statutory damages, penalties, and fines related to biometric data
• Your failure to obtain proper consents for biometric data collection

This indemnification survives termination of your use of the Service.

10. AI Services Disclaimer

The Service uses artificial intelligence for transcription and other features. You acknowledge that AI-generated content may contain errors, inaccuracies, or misidentifications. You are responsible for reviewing and verifying any AI-generated content before relying on it.

11. Assumption of Risk

You acknowledge and agree that:

• The collection and processing of biometric voice data carries inherent legal and financial risks
• You voluntarily assume all risks associated with biometric data collection through your use of the Service
• You are aware that biometric privacy violations can result in significant statutory damages
• BatchData LLC has made no representations or warranties regarding the legality of your recording activities
• You release BatchData LLC from any liability related to your collection of biometric data

This assumption of risk is a material inducement for BatchData LLC to provide the Service and survives any termination of your account.

12. Children's Privacy

The Service is not intended for children under 13. We do not knowingly collect personal information from children under 13. Users between 13 and 18 must have parental consent.

13. Third-Party Services

Our Service integrates with third-party services that have their own privacy practices. We are not responsible for the privacy practices of these third parties. Key service providers include:

• Google Firebase (infrastructure and storage)
• AssemblyAI (transcription services)
• OpenAI (AI features)
• RevenueCat (subscription management)

14. Data Location

Your information is stored and processed in the United States. By using the Service, you consent to the transfer and processing of your information in the United States.

15. Changes to This Policy

We may update this Privacy Policy from time to time. We will notify you of any changes by updating the "Last Updated" date and, for material changes, providing notice through the Service or via email. Your continued use of the Service after any changes indicates your acceptance of the updated policy.

16. Contact Information