At Monaco Labs GmbH, we value your privacy and are committed to protecting your personal data. This Privacy Policy explains how we collect, use, share, and protect the personal data of users who engage with Wendy chatbot (“Service”). We comply with the General Data Protection Regulation (GDPR) and other applicable data protection laws, particularly the Bundesdatenschutzgesetz (BDSG) in Germany.

By using our Service, you agree to the terms outlined in this Privacy Policy.

We may update this Privacy Policy from time to time to reflect changes in our practices or applicable laws. We will notify users of significant changes through the Wendy interface or via email. Please review this policy periodically for the latest updates.

If you have any questions about this Privacy Policy, including any requests relating to your legal rights, please contact us at legal@talktowendy.ai

Pursuant to Article 4(1) of Regulation (EU) 2016/679, i.e. the General Data Protection Regulation (hereinafter referred to as “GDPR”), “processing” means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

With the following privacy policy, we inform you in particular about the type, scope, purpose, duration and legal basis of the processing of personal data, insofar as we decide either alone or together with others on the purposes and means of processing. In addition, we inform you below about the third-party components we use for optimization purposes and to increase the quality of use, insofar as third parties process data on their own responsibility.

Our privacy policy is structured as follows:

1. Information about us as the responsible party
2. Data we collect
3. Terms of collecting the data
4. Rights of users and data subjects
5. Information on data processing

1. Information about us as the responsible party

The responsible provider of this website in terms of data protection law is

Monaco Labs GmbH
Fastlinger Ring 168
85716 Unterschleissheim
Germany
Email: legal@talktowendy.ai

2. Data we collect and its purpose

We collect and process the following categories of personal data, depending on your interactions with the Service:

1. Personal Data
1. Basic identification data: Name, phone number, email address, or username (if provided).
2. Sensitive data: Information about your mental health, emotional state, or psychological conditions. This data is classified as "special category" under GDPR Article 9 and will only be collected with your explicit consent.
2. Automatically Collected Data:
1. Usage data: Information about how you interact with our Service, including the times you access the Service, the messages you send, and related metadata (e.g., timestamps).
2. Device information: IP address, browser type, operating system, and similar technical information.
3. Terms of collecting the data

Purpose: We process your data for the following purposes:

1. Provision of services: To enable you to interact with the Service, which simulates psychological conversations.
2. Improvement of services: To improve the chatbot’s ability to assist with psychological insights, mental health support, and emotional guidance.
3. Analytics: To understand user behavior and improve the quality of the Service.
4. Compliance with legal obligations: To comply with relevant legal obligations under GDPR, BDSG, and other applicable laws.

Data retention: We store your personal data only for as long as is necessary for the purposes set out in this Privacy Policy. Once data is no longer needed, it will be deleted in accordance with applicable data retention policies, unless we are legally required to retain it.

Data Sharing: We do not sell, rent, or trade your data. However, we may share your data in the following circumstances:

1. Service providers: Third-party processors that help us deliver and improve the chatbot services (e.g., cloud hosting services, analytics providers). These service providers are bound by data protection agreements that ensure compliance with GDPR.
2. Legal obligations: When required by law, we may disclose your personal data to authorities such as courts, regulators, or law enforcement agencies.

Please be aware that our Service interacts with third party applications such as WhatsApp and Telegram. You may be required to register these third party applications before you can use our Service. Please be aware that we are not responsible for their data processing activities.

When you use WhatsApp and/or Telegram to communicate with us or use our Service, WhatsApp’ and/or Telegram’s privacy policy will also apply.

You can review WhatsApp’s privacy practices here.

You can review Telegram’s privacy practices here.

We encourage you to read these policies to understand how WhatsApp & Telegram process your data.

Data Security: We take appropriate technical and organizational measures to protect your personal data from unauthorized access, loss, misuse, or destruction. This includes encryption, secure servers, and access controls.

Automated Decision-Making and Profiling. Our Service employs AI to simulate psychological conversations and make decisions about you. Under data protection law this is known as 'profiling'. We profile you so that our Service can provide you with appropriate support and suitably respond to you. We will only profile you if you consent. You can withdraw your consent at any time by contacting us at service@talktowendy.ai but please note this will result in you not being able to use our Service. You can also contact us if you would like to contest any decision our Service makes based on our use of profiling.

Children’s Privacy: Our services are not intended for use by individuals under the age of 16. We do not knowingly collect personal data from children. If you believe a child has provided us with personal data, please contact us to remove such information.

4. Rights of users and data subjects

With regard to the data processing described in more detail below, users and data subjects have the right

1. to confirmation as to whether data concerning them is being processed, to information about the processed data, to further information about the data processing and to copies of the data (cf. also Art. 15 GDPR);
2. to rectification or completion of inaccurate or incomplete data (see also Art. 16 GDPR);
3. to the immediate erasure of the data concerning them (see also Art. 17 GDPR) or, alternatively, if further processing is required in accordance with Art. 17 para. 3 GDPR, to the restriction of processing in accordance with Art. 18 GDPR;
4. to receive the data concerning them and provided by them and to transmit this data to other providers/controllers (cf. also Art. 20 GDPR);
5. to lodge a complaint with the supervisory authority if they are of the opinion that the data concerning them is being processed by the provider in breach of data protection regulations (see also Art. 77 GDPR).

In addition, the provider is obliged to inform all recipients to whom data has been disclosed by the provider of any rectification or erasure of data or restriction of processing carried out on the basis of Articles 16, 17 (1), 18 GDPR. However, this obligation does not apply if this notification is impossible or involves a disproportionate effort. Notwithstanding this, the user has a right to information about these recipients.

Users and data subjects also have the right to object to the future processing of data concerning them in accordance with Art. 21 GDPR, provided that the data is processed by the provider in accordance with Art. 6 para. 1 lit. f) GDPR. In particular, an objection to data processing for the purpose of direct advertising is permitted.

To exercise your rights, please contact us at legal@talktowendy.ai

5. Information on data processing

Cookies

Our Internet pages use so-called “cookies”. Cookies are small text files and do not cause any damage to your end device. They are stored on your device either temporarily for the duration of a session (session cookies) or permanently (permanent cookies). Session cookies are automatically deleted at the end of your visit. Permanent cookies remain stored on your device until you delete them yourself or they are automatically deleted by your web browser.

In some cases, cookies from third-party companies may also be stored on your device when you visit our website (third-party cookies). These enable us or you to use certain services of the third-party company.

Cookies have various functions. Many cookies are technically necessary, as certain website functions would not work without them (e.g. the shopping cart function or the display of videos). Other cookies are used to evaluate user behavior or display advertising.

Cookies that are required to carry out the electronic communication process (necessary cookies) or to provide certain functions that you have requested (functional cookies, e.g. for communication via e-mail) or to optimize the website (e.g. cookies for web analytics) are stored on the basis of Art. 6 para. 1 lit. f GDPR, unless another legal basis is specified. As the operator of the website, we have a legitimate interest in the storage of cookies for the technically error-free and optimized provision of our services. If consent to the storage of cookies has been requested, the cookies in question are stored exclusively on the basis of this consent (Art. 6 para. 1 lit. a GDPR); consent can be revoked at any time.

You can set your browser so that you are informed about the setting of cookies and only allow cookies in individual cases, exclude the acceptance of cookies for certain cases or in general and activate the automatic deletion of cookies when closing the browser. If cookies are deactivated, the functionality of this website may be restricted.

If cookies are used by third-party companies or for analysis purposes, we will inform you about this separately in the context of this privacy policy and, if necessary, request your consent.

Third-Party Cookies

Google Analytics

We use Google Analytics to analyze website usage. The data obtained from this is used to optimize our website and advertising measures.

Google Analytics is a web analytics service operated and provided by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland (“Google”). Google processes the website usage data on our behalf and is contractually obliged to take measures to ensure the confidentiality of the processed data.

The following data is recorded during your visit to the website

1. Pages accessed
2. The achievement of “website goals” (e.g. registration and project submissions)
3. Your behavior on the pages (e.g. clicks, scrolling behavior and length of stay)
4. Your approximate location (country and city)
5. Your IP address (in abbreviated form, so that no clear assignment is possible)
6. Technical information such as browser, internet provider, end device and screen resolution
7. Source of origin of your visit (i.e. via which website or advertising medium you came to us)

This data is transferred to a Google server in the USA.

Google Analytics stores cookies in your web browser for a period of two years since your last visit. These cookies contain a randomly generated user ID with which you can be recognized on future website visits.

The recorded data is stored together with the randomly generated user ID, which makes it possible to analyze pseudonymous user profiles. This user-related data is automatically deleted after 14 months. Other data remains stored in aggregated form indefinitely.

If you do not agree with the collection, you can prevent this by installing the browser add-on once to deactivate Google Analytics or by rejecting the cookies via our cookie settings dialog.

You can find more information on how Google handles personal data in Google's privacy policy here.

The legal basis for the use is your consent in accordance with Art. 6 para. 1 sentence 1 lit. a GDPR, which can be declared in our cookie banner. Consent can be revoked at any time via the cookie administration.

1. Google Tag Manager

The “Google Tag Manager” service is used on this website. The Tag Manager is a tool for managing so-called tags, which are used for tracking in online marketing. The Tag Manager itself does not process any personal data, as it is used purely to manage other services - e.g. Google Analytics, etc.

You can find more information about the Tag Manager here.