Privacy Policy

1. Introduction

At CodeDepot SA (we, our or CodeDepot), we recognize the importance of your privacy and of transparency.

This general privacy notice applies to all our activities, including the digital Solution accessible at www.codedepot.ai (opens in a new tab) (the Solution), and the services we provide in this context (together with the provision of the Solution, our Services), which are listed in section 14 of this General Privacy Notice (Service-Specific Information).

We may have additional privacy notices (the Additional Privacy Notices) which apply in addition or instead of this General Privacy Notice in specific situations or for specific Services, in which case the terms of such Additional Privacy Notices will prevail over those of this General Privacy Notice.

By using our Services, or otherwise providing us your information, you expressly acknowledge that we may process your personal data in accordance with this General Privacy Notice.

This General Privacy Notice is incorporated into and forms an integral part of our terms of use for the Solution (ToU). All capitalized terms not defined in this document have the meaning given to them in the ToU.

2. Short Version

The following is a summary of (but not a replacement for) this General Privacy Notice. We recommend all users read the notice fully.

  • Our role. We, CodeDepot SA, are responsible for the processing, as controller, of your personal data (but only for our own activities and not those of third party providers) (see section 3);

    However, if we process your personal data to provide services to an organization to which you are affiliated, for example as a service provider to you (your Organization), we will generally act as data processor for that Organization. You must refer to your Organization’s privacy policy for information about its processing activities (see section 7). Please note that, we may also process anonymized data received from your Organization. In such case, neither this General Privacy Notice, nor your Organization's privacy policy shall be applicable.

  • Data we collect. We collect the information which is provided to us by you, your Organization, our customers , third parties. We also collect some information automatically when you interact with the Services (see section 4);
  • How we use it. We process your personal data in compliance with Swiss laws, the GDPR, and other data protection laws applicable to us. This means that we will only process your information where we have a legal basis to do so (see sections 5), and only for certain reasons (mainly for providing our Services, operating our Solution, and for the other legitimate purposes indicated in this General Privacy Notice) (see section 6);
  • Control and Access. Your personal data is stored in Switzerland and/or the European Union. We do not share it with third parties or transfer it abroad unless this is both necessary for the operation of our Services and permitted by applicable laws. This may for instance be the case when we use service providers or must interact with third parties to conduct our professional activities (see sections 7 and 9);
  • Retention. We do not store your personal data for longer than necessary for us to fulfill the purposes set out in this General Privacy Notice (see section 10);
  • Security. We apply security measures and strive to protect your personal data. However, no IT infrastructure is completely secure and we cannot guarantee that ours is (see section 11);
  • Your rights. You may contact us (data@codedepot.ai) to exercise your rights pertaining to your personal data (see sections 13 and 15).

3. Who is responsible for the processing of your personal data

CodeDepot SA, Avenue d'Ouchy 4, 1006 Lausanne, is responsible for the processing, as controller, of your personal data. You will find our contact details below in section 12.

This General Privacy Notice only applies to data processing undertaken by or on behalf of us. Whilst we may provide links to third party websites, contents, or services, we are not responsible for their policies in relation to personal data. In such circumstances, the collection and use of your personal data are governed by the privacy policy of those third party providers, which you should carefully review to learn more about their personal data processing practices.

As further detailed in this General Privacy Notice, we may process your personal data in connection with the Services we provide to your Organization. This General Privacy Notice does not govern how your Organization processes your personal data through the Services. You must refer to your Organization's policies. Please see section 7 below for additional information in this respect.

4. How we collect your personal data

We collect the personal data that you or our customers provide to us, or which your Organization provides us with.

We collect the personal data that you or our customers provide to us when interacting with us and/or using our Services, for example when you use our Solution, place an order or communicate with us, when you create and/or manage your account, through web forms you fill, when you.

It is only mandatory that you complete the data fields identified as such. If one or more mandatory data fields are not completed, we will not be able to provide access to our Services. You are not required to complete the optional data fields in order to access our Services. These fields may be completed at any time through your account settings.

We also collect personal data from third parties.

We collaborate with Phoenix Systems (our Partners). In order to provide GPU access to enterprises, our Partners send us the following categories of personal information about their customers :

  • Name, Surname

  • Email address

  • Contact details

  • AI Business usecases

If we are processing your personal data because it has been provided to us by one of our Partners, please read the following: this General Privacy Notice does not address how our Partners collect and use your personal data. If you would like to make any requests or queries regarding your personal data, please contact such Partner(s) directly. For example, if you wish to request to access, correct, amend, or delete inaccurate personal data that was originally collected by one of our Partners, please direct your query to the relevant Partner. If we are requested by our Partners to remove any personal data, we will respond to such request in a timely manner upon verification and in accordance with applicable law (for example, thirty (30) days under Swiss law or the GDPR).

Certain personal data are also collected in an automated manner

We also automatically collect personal data, including by means of tools, web forms, cookies and other active elements, as further described in this General Privacy Notice.

You may define certain authorizations relating to the automatic collection of your personal data when you configure your device or your internet browser according to available functionalities. You may also define certain settings for the automated collection of your personal data through the cookies setting plugin available on the Solution. For more detailed information, please see the cookie section below (section 12).

5. How we use your data

We process your personal data in accordance with applicable laws and only if we have a valid legal ground to do so.

We process your personal data in compliance with applicable law, in particular Swiss data protection laws and the EU General Data Protection Regulation (GDPR) or its equivalent in the United Kingdom, manually or automatically using computer tools.

This means that we will only process your information for certain reasons (see Section 7) where we have a legal basis to do so.

Additional Information on the "legal basis"

Here is what each of these legal bases is:

  • Contractual Necessity: the processing is necessary to fulfill our contractual obligations to you or to take pre-contractual steps at your request. This is particularly the case in particular when processing your personal data is strictly required to provide you with the Services. Contractual Necessity is based on Article 6(1)(b) GDPR.
  • Legitimate Interest: the processing is necessary for the fulfilment of our legitimate interests, and only to the extent that your interests or fundamental rights and freedoms do not require us to refrain from processing. Legitimate Interest is based on Article 6(1)(f) GDPR.

What about the "processor position"?

When we act as processor for an Organization you are affiliated to, our processing of your personal data is governed by the agreement between us and your Organization (see section 7).

If we access your personal data because it was transmitted to us by one of our Partners (see Section 4 above), it is our Partner which is responsible for ensuring that your personal data is collected and transferred to us in accordance with all privacy and data protection laws of all relevant jurisdictions, based on an appropriate legal ground. Please refer to our Partner’s privacy notice for information about their processing activities.

Additional Information on profiling and automated decisions

We do not process your personal data to create a profile about you (profiling).

We also do not make decisions exclusively on the basis of an automated processing which have legal effects on the data subjects or affect them significantly (automated individual decision).

6. Why we use your data

We process your personal data for the reasons indicated in this Section or in any Additional Privacy Notice:

To provide our Services, operate the Solution and for customer management purposes.

We mainly process your personal data to provide the Solution and the Services, including for creating and maintaining your user account, and for related customer management purposes (such as invoicing).

Legal basis: Contractual Necessity, Legitimate Interests

Additional Information
  • Providing maintenance and support. We use data to maintain our Services, troubleshoot and diagnose problems, and to provide customer support services.
  • Managing our customers and suppliers. If we are in a business relationship with your Organization or you directly, we process the personal data that is necessary for our customer or supplier management, as well as for the following other related purposed, including (i) to carry out the transactions in which we are engaged, and to procure products and services from our suppliers and subcontractors; (ii) process your orders and payment (iii) to interact with you, for instance to reply to your inquiries; (iv) to track our activities (measuring sales, our work time, etc.) and those of our suppliers; (v) to manage our archiving and records; and (vi) for invoicing purposes.

    The personal data that we process in this context includes: (i) personal data about individuals with whom we interact, such as the name, title, position, company name, email and/or postal address and the professional fixed and/or mobile phone number; (ii) personal data relating to our interactions and the services provided; (iii) any other information provided to us by you, your Organization, or third parties.

    If you are our direct customer, our basis for processing the data is our contractual necessity. In other cases (e.g. if you are a representative of one of our customers), it is our legitimate interests in delivering our Services to our customers and ensuring we are paid for our services.

    The personal data which we must retain for record-keeping, tax or other legal obligations will, as a rule, be kept for the duration of the contractual relationship and thereafter for a period of 10 years (or such other retention period as applicable). Shorter retention periods apply for personal data which must not be retained for the above reasons.

For our legitimate business interests related to the provision of the Services, including to ensure the security of the Services.

We may also process your personal data for our legitimate business operations related to providing our Services, which include (i) ensuring that our Services are provided in an efficient and secure way (e.g. through internal analysis of the Services’ stability and security, updates and troubleshooting); (ii) protecting the security of our IT systems, architecture and networks; (iii) benefiting from cost-effective services (e.g. we may opt to use certain services offered by suppliers rather than undertaking the activity ourselves); (iv) and achieving our corporate goals).

Legal basis: Legitimate Interests, Consent

Additional Information

Additional information on the processing of your personal data for our legitimate business operations:

  • Ensuring that our Solution is provided in an efficient and secure way. In addition to the personal data which you or your Organization provide when logging-in to your account or interacting with the Solution (e.g. when you fill in forms), we automatically collect technical information about your interactions with the Solution, such as IP address, the content that was accessed, date and time of access, information about your web browser, your preferences, or other information related to your interaction with the Solution, including your navigation details on the Solution.

    We process this data to establish a connection with your device over the internet, to identify you when you use the Solution, control the use of the Solution and for security purposes.

  • Protecting the security of our IT systems, architecture and networks. We use data to protect the security of our IT systems, architecture and networks, for instance to detect and disrupt the operation of malicious software by systematically scanning contents in an automated manner.
  • Data anonymization. We may combine your personal data with other information (aggregate) or erase any information that allows us to identify you (anonymize), so that it is no longer considered personal data under applicable data protection law, in which case this General Privacy Notice will no longer apply and we may use such data for purposes not contemplated by this General Privacy Notice (e.g. for benchmarking or analytics purposes, or to develop and market new services). You may object to the anonymization or aggregation of your personal data for this purpose at any time (see section 13 below for additional information on your rights).

To comply with our other legal obligations or for other legitimate interests.

We may further process your personal data if we have a legal obligation to do so or for other legitimate interests. This will for instance be the case if we need to disclose certain information to public authorities or retain such information for tax or accounting purposes, or for the establishment, exercise or defense of legal claims.

The personal data that we process for this purpose are those that we collected for one of the purposes indicated elsewhere in this section 6. We retain the personal data for the duration of the legal obligation imposed on us.

Legal basis: Legal Obligation, Legitimate Interests

7. Our Operations with Your Organization

If you are an end user of a Service we provide to your Organization, or if we process for any other reason your personal data on behalf of your Organization (for instance, if you are not a user, but your personal data is provided to us by your Organization), please read the following:

  • In the situations described above, our processing of your personal data is governed by a contract between us and your Organization. We will process your personal data as data processor for the providing of our Services to your Organization which is our customer, or in some cases, as a controller for our legitimate business operations related to providing those Services, as detailed in this General Privacy Notice.
  • This General Privacy Notice does not address how your Organization collects and uses your personal data or how we process your data when we act as processor for your Organization. Please refer to your Organization’s privacy policy for information about its processing activities.
  • Some information about you may be provided to us directly by your Organization. If this is the case, it is your Organization which is responsible for ensuring that your personal data is collected and transferred to us in accordance with all privacy and data protection laws of all relevant jurisdictions, based on an appropriate legal ground.
  • If you would like to make any requests or queries regarding our processing of your personal data on behalf of your Organization, please contact your Organization directly. For example, if you wish to request to access, correct, amend, or delete inaccurate personal data that was originally transmitted by your Organization, please direct your query to your Organization. If we are requested by your Organization to remove your personal data, we will respond to such request in a timely manner upon verification and in accordance with applicable law (for example, 30 days under Swiss law or the GDPR).
  • If you have questions about our legitimate business operations in connection with providing Services to your Organization, please contact us as described in section 15.

Please note that, we may also process anonymized data received from your Organization. In such case, neither this General Privacy Notice, nor your Organization's privacy policy shall be applicable.

8. The circumstances in which we share your personal data with third parties

We will only share your personal data with third parties if this is necessary for the operation of our Services, if there is a legal obligation or permission to do so, or if there is another valid reason to do so.

Additional Information
  • Our service providers. We may share your personal data with third parties in connection with the operation of the Services or our business operations and with subcontractors such as IT service providers, cloud service providers, database providers, automated marketing solutions providers and consultants, including, but not limited to, Mailchimp, The Rocket Science Group LLC., Semrush Inc., Arcanys.
  • Your Organization. If you use a Service provided by an Organization you are affiliated with, we share certain data, such as interaction data and diagnostic data to enable your Organization to manage the Services.
  • Legal Obligation. We may also disclose your personal data where we have a legitimate interest in doing so, for example (i) to respond to a request from a judicial authority or in accordance with a legal obligation; (ii) to bring or defend against a claim or lawsuit; or (iii) in the context of restructuring, in particular if we transfer our assets to another company.

9. International Transfers

We store your personal data on servers located in Switzerland and/or the European Union. We may also store a copy your personal data near to the geographic location where you reside (e.g. in the U.S. for U.S. users) in order to provide you with a better service.

In principle, we do not transfer your personal data to other countries or make it available there. However, in certain circumstances, in particular in connection with the operations of our subcontractors, your personal data may be made available to recipients located abroad (e.g. Philippines, from which locations some data may be available). In such cases, we will ensure that suitable safeguards are in place, in accordance with applicable data protection laws, for instance by relying on standard contractual clauses adopted by the European Commission.

If you transmit information and data to us, you are expressly deemed to consent to such data transfers. You may request additional information in this regard and obtain a copy of the relevant safeguards upon request by sending a request to the contact address indicated in section 15 below.

10. How long we store your personal data

Your personal data will not be stored longer than necessary. We will erase or anonymize your personal data as soon as it is no longer necessary for us to fulfill the purposes set out in section 6 of this General Privacy Notice. This period varies, depending on the type of data concerned and the applicable legal requirements. More information on each type of processing can be found in section 6 above.

Your account information is retained for as long as your account is active. If you suppress your user account, your account information will be deleted or anonymized within 30 days after such event, unless data must be retained for a valid reason (such as evidentiary or tax purposes). Please note that some information about you may have to be retained for the duration of our contractual relationship with your Organization, even if your account is terminated (see section 7).

In view of the legal obligations incumbent upon us, certain information relating in particular to the contractual relationship must be retained for at least 10 years.

11. Security

We are committed to the security of your personal data, and have in place physical, administrative and technical measures designed to keep secure your personal data and to prevent unauthorized access to it. We use two-factor authentication whenever possible. We restrict access to your personal data to those persons who need to know it for the purpose described in this General Privacy Notice. In addition, we use standard security protocols and mechanisms to exchange the transmission of sensitive data. When you enter sensitive information on our Solution, we encrypt it using Transport Layer Security (TLS) technology.

Although we take appropriate steps to protect your personal data, no IT infrastructure is completely secure. Therefore, we cannot guarantee that data you provide to us is safe and protected from all unauthorized third-party access and theft. We waive any liability in this respect.

The internet is a global environment. As a result, by sending information to us electronically, such data may be transferred internationally over the internet depending upon your location. Internet is not a secure environment and this General Privacy Notice applies to our use of your personal data once it is under our control only. Given the inherent nature of the internet, all internet transmissions are done at your own risk.

If we have reasonable reasons to believe that your personal data have been acquired by an unauthorized person, and applicable law requires notification, we will promptly notify you of the breach by email (if we have it) and/or by any other channel of communication (including by posting a notice on the Solution).

12.How we use cookies or other analytical tools

We and our third party service providers use cookies and other similar technologies (Cookies) in connection with our Solution in order for us to provide our Services and ensure that it performs properly, some of which are capable of automatically processing data on your electronic device and/or of transferring personal data about you to us or third parties.

You can learn more about how we use Cookies and similar technologies and how you can exercise control over them in our Cookie Policy.

13. Your rights with regard to the processing of your personal data

You have the right to access your personal data we process and may request that they be removed, updated, or rectified.

If you are using a Service provided by your Organization, you should direct your privacy inquiries relating to our use of your personal data on behalf of your Organization, including any requests to exercise your data protection rights, directly to your Organization’s contact person.

In other cases, you may contact us directly to exercise your rights. Unless otherwise provided by law, you have the right to know whether we are processing your personal data, to know the content of such personal data, to verify its accuracy, and to the extent permitted by law, to request that it be supplemented, updated, rectified or erased. You also have the right to ask us to cease any specific processing of personal data that may have been obtained or processed in breach of applicable law, and you have the right to object to any processing of personal data for legitimate reasons.

By accessing your user account (if you have one), you can review, update, correct or delete the personal data available within your user account.

If you request us to delete your personal data from our systems, we will do so unless we need to retain your data for legal or other legitimate reasons. Please note that any information that we have copied may remain in back-up storage for some period of time after your deletion request.

Where we rely on your consent to process your personal data, we will seek your freely given and specific consent by providing you with informed and unambiguous indications relating to your personal data. You may revoke at any time such consent (without such withdrawal affecting the lawfulness of processing made prior to).

The above does not restrict any other rights you might have pursuant to applicable data protection legislation under certain circumstances.

Additional Information

In particular, you have the following rights under the GDPR if the respective requirements are met:

  • Right of access (Art. 15 GDPR (opens in a new tab)) - you have the right to access and ask us for copies of your personal data.
  • Right to rectification (Art. 16 GDPR (opens in a new tab)) - you have the right to ask us to rectify personal data you think is inaccurate. You also have the right to ask us to complete information you think is incomplete.
  • Right to erasure (Art. 17 GDPR (opens in a new tab)) - you have the right to ask us to erase your personal data in certain circumstances.
  • Right to restriction of processing (Art. 18 GDPR (opens in a new tab)) - you have the right to ask us to restrict the processing of your personal data in certain circumstances.
  • Right to data portability (Art. 20 GDPR (opens in a new tab)) - you have the right to ask that we transfer in a structured, commonly used and machine-readable format the personal data you gave us to another organization, or to you, in certain circumstances.
  • Right to object to processing (Art. 21 GDPR (opens in a new tab)) - you have the right to object to the processing of your personal data which is based on our legitimate interests, in certain circumstances. In such case, we will no longer process the personal data unless we demonstrate compelling legitimate grounds for the processing, which override your interests, rights and freedoms or where the processing is necessary for the establishment, exercise or defense of legal claims.
  • As a rule, you are not required to pay any charge for exercising your rights and we will respond to your request within one month.

Also, If you are a California resident using the Services, the California Consumer Privacy Act (CCPA) may provide you the right to request access to and deletion of your personal data. You may request that we:

  • disclose to you the following information covering the 12 months preceding your request: (i) the categories and specific pieces of personal information we collected about you and the categories of personal information we sold (see sections 4 and 6 of this General Privacy Notice); (ii) the categories of sources from which we collected such personal information (see section 4 of this General Privacy Notice); (iii) the business or commercial purpose for collecting or selling personal information about you (see sections 5 and 6 of this General Privacy Notice); and (iv) the categories of third parties to whom we sold or otherwise disclosed personal information (see section 8 of this General Privacy Notice).
  • delete personal information we collected from you; or
  • opt-out of any future sale of personal information about you.

In addition, users of the Services who are California residents and under 18 years of age may request and obtain removal of content they posted.

We do not sell user personal data to third parties for the intents and purposes of the CCPA.

To exercise the right to request access to and deletion of your personal data, please see the contact details in section 15 below. We do not discriminate based on the exercise of any privacy rights that you might have under this section and will respond to your request consistent with applicable law.

All requests must be labeled “California Removal Request” on the email subject line. All requests must provide a description of the content you want removed and information reasonably sufficient to permit us to locate that content. We do not accept California Removal Requests via postal mail, telephone, or facsimile. We are not responsible for notices that are not labeled or sent properly, and we may not be able to respond if you do not provide adequate information. Please note that your request does not ensure complete or comprehensive removal of the material.

You will find further details of your rights in sections 5 and 6 of this General Privacy Notice in connection with each processing activity we perform. If you want to exercise any of your rights, or want additional information about them, please contact us using the contact details listed below (see section 15).

You have the right to lodge a complaint with the competent authority.

If you are not satisfied with the way in which we process your personal data, you may lodge a complaint with the competent data protection supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement, in addition to the rights described above.

Although this is not required, we recommend that you contact us first, as we might be able to respond to your request directly.

14. Service-Specific Information

This section of the General Privacy Notice contains the information which is specific to certain Solution and other Services. It applies in addition to the other sections of this General Privacy Notice.

  • CodeDepot main website (codedepot.ai)
  • CodeDepot Git Server (codedepot.ai)
  • CodeDepot AI Server (ai.codedepot.ai)

15. Contact Us

If you believe your personal data has been used in a way that is not consistent with this General Privacy Notice, or if you have any questions or queries regarding the collection or processing of your personal data, please contact us at data@codedepot.ai

16.Updates to this General Privacy Notice

This General Privacy Notice may be subject to amendments. Any changes or additions to the processing of personal data as described in this General Privacy Notice affecting you will be communicated to you through an appropriate channel, depending on how we normally communicate with you (including by email and/or via the Solution, e.g. banners, pop-ups or other notification mechanisms). If you do not agree to the changes made, you must stop accessing and/or using the impacted Services.