Privacy Policy

Smera Entertainment LLC ("Ember," "we," "us," "our," or "Company") is committed to protecting your privacy. This Privacy Policy explains how we collect, use, disclose, and otherwise process personal information through our website (agentember.ai) and our AI voice agent service.

This policy applies to all users of the Ember service, including business customers who operate the AI agent and end users (callers) who interact with the agent on behalf of our business customers.

1. Entity Information

Smera Entertainment LLC is a California limited liability company that owns and operates the Ember service.

2. Information We Collect from Business Customers

When you sign up for Ember or use our service as a business customer (account holder), we collect:

• Account Information: name, email address, company name, phone number, and service area
• Authentication Data: passwords (securely hashed) and Google OAuth tokens for account access
• Payment Information: billing details processed through Stripe (we do not directly store credit card numbers)
• Business Settings: business hours, AI agent behavior preferences, team member information, and call forwarding preferences
• Service Configuration: FSM software integrations, marketing preferences, and dashboard customizations

3. Information We Collect from Callers (End Users)

When someone calls a business customer using the Ember service, we automatically collect:

• Caller Identification: phone number and caller ID information
• Call Recordings: complete audio recordings of all calls handled by Ember
• Call Transcripts: text-based transcriptions of the call conversation
• Information Provided During Calls: name, address, service needs, scheduling preferences, and any other information shared during the conversation
• SMS Messages: phone numbers, message content, and metadata for any SMS communications

4. AI and Automated Processing

The Ember service uses artificial intelligence to process calls:

• Voice Agent: Calls are answered by an AI voice agent operated by Ember, not a human representative
• Speech Recognition: Voice is converted to text using Deepgram Nova-2 speech-to-text technology
• AI Language Processing: The conversation is processed by Anthropic Claude, an advanced language model, to understand caller intent and generate appropriate responses
• Text-to-Speech: Agent responses are converted back to natural-sounding speech using Deepgram Aura technology
• Post-Call Analysis: After calls end, automated analysis may classify call intent, sentiment, and lead attribution

5. Call Recording Disclosure

• Recording: All calls handled by the Ember service are recorded in full
• Caller Notice: At the beginning of each call, callers are informed that they are speaking with an AI assistant (not a human)
• Transcripts: Call transcripts are generated and stored for quality assurance, service improvement, and legal compliance
• Caller Access: While callers do not have direct access to their own recordings, business customers can retrieve and replay all recordings and transcripts through the Ember dashboard
• Compliance: All recording practices comply with applicable wiretapping and recording consent laws in relevant jurisdictions

6. SMS and Messaging Data

Ember may send SMS messages to end users and team members for legitimate business purposes:

• Message Types: Booking confirmations, team member invitations, schedule notifications, and appointment reminders
• Phone Number Collection: Phone numbers are collected from callers during calls and from business customers for team members
• Frequency: Message frequency depends on usage and business customer configuration
• Carrier Charges: Standard message and data rates from your mobile carrier apply
• Opt-Out: Recipients can opt out of SMS at any time by texting STOP
• Help: Recipients can request help by texting HELP to access support
• SMS Policy: For complete SMS terms, see our SMS Policy

7. Third-Party Service Providers (Subprocessors)

We share personal information with the following third-party service providers to operate the Ember service:

These service providers are contractually obligated to use your information only as necessary to provide services to Ember and to maintain appropriate security measures.

8. How We Use Information

We use personal information for the following purposes:

• Provide, operate, maintain, and improve the Ember service
• Handle inbound calls and automatically book appointments into business customer systems
• Send transactional messages (booking confirmations, team invitations, appointment reminders)
• Provide customer support and respond to inquiries
• Analyze service usage, performance, and quality
• Detect, prevent, and address fraud, abuse, and security issues
• Comply with legal obligations and enforce our terms of service
• Process billing and payments
• Send marketing communications (to business customers only, with opt-out options)

9. Data Retention

We retain personal information for different periods depending on the type of data:

• Account Data: Retained while your account is active, plus 30 days after account deletion
• Call Recordings and Transcripts: Retained for 90 days (business customers may configure longer or shorter retention periods)
• SMS Logs: Retained for 90 days
• Billing Records: Retained as required by applicable law (typically 7 years for tax purposes)
• Analytics Data: Aggregated and anonymized data may be retained indefinitely for service improvement

10. Data Sharing

We are committed to protecting your privacy and will not sell your personal information to third parties.

• No Sale of Data: We do not sell personal information for money or other consideration
• Service Providers: We share data with the subprocessors listed in Section 7 only to provide the Ember service
• Legal Requirements: We may disclose personal information if required by law, court order, government request, or other legal process
• Business Transfers: In the event of a merger, acquisition, or bankruptcy, personal information may be transferred as part of that transaction
• Business Customer Access: Business customers can access their callers' information through the Ember dashboard to manage appointments and communications
• Aggregated Data: We may share aggregated, anonymized data about service usage for analytics and research purposes

11. California Consumer Privacy Act (CCPA) Rights

If you are a California resident, you have specific rights under the California Consumer Privacy Act (CCPA):

How to Exercise Your Rights:

• Email us at hello@agentember.ai with your request and the specific right you are exercising
• Include sufficient information to identify yourself (e.g., name, email, or phone number)
• Specify the nature of your request (know, delete, or opt-out)
• We will verify your identity and respond within 45 days (or provide a reason for delay)
• Authorized agents may submit requests on your behalf with proper documentation

12. Security

We implement industry-standard technical, administrative, and physical safeguards to protect your personal information:

• Encryption in Transit: All data transmitted between your device and our servers is encrypted using TLS (Transport Layer Security)
• Encryption at Rest: Personal information stored on our servers is encrypted using industry-standard encryption protocols
• Access Controls: Access to personal information is restricted to authorized employees and service providers on a need-to-know basis
• Role-Based Permissions: Team members have access only to information necessary for their job functions
• Regular Security Reviews: We conduct periodic security assessments and penetration testing to identify and address vulnerabilities
• Password Security: Business customer passwords are hashed using secure algorithms and are never stored in plaintext

However, no method of data transmission or storage is 100% secure. While we strive to protect your information, we cannot guarantee absolute security.

13. Children's Privacy

Ember is not directed to children under the age of 13. We do not knowingly collect personal information from children under 13. If we become aware that we have collected personal information from a child under 13, we will promptly delete such information and terminate the child's account if applicable. If you have concerns about a child's privacy, please contact us at hello@agentember.ai.

14. Updates to This Privacy Policy

We may update this Privacy Policy periodically to reflect changes in our practices, technology, legal requirements, or other factors. When we make material changes, we will:

• Post the updated policy on this page
• Update the "Effective Date" at the top of the policy
• Notify business customers of significant changes via email

Your continued use of Ember after changes become effective constitutes your acceptance of the updated Privacy Policy. We encourage you to review this policy periodically to stay informed about how we protect your information.

15. Contact Us

If you have questions, concerns, or requests related to this Privacy Policy or our privacy practices, please contact us: