Privacy Policy

1.1 Scope and Territory

This Policy applies to personal and business data collected directly by our platform and to end-user data passed through our pixel gateway. The Service is intended exclusively for businesses operating in permitted jurisdictions, primarily the United States. It is not directed to, offered to, or intended for data subjects located in the European Economic Area, the United Kingdom, or Switzerland. See Section 11.

1.2 Our Roles

Our legal role differs depending on which data is involved. This distinction determines who is responsible for what, so it is set out explicitly rather than left implied.

1.3 Where Our Role Changes

Data can move between these categories. Gateway Data we process for you, and Service Data generated by your campaigns, may be aggregated and de-identified into Aggregated Data. At the point of aggregation the data ceases to be personal data and ceases to be processed on your behalf; it becomes our own data under Terms of Service Section 4.5, and it is not returned or deleted when your account closes. We disclose this transition here because it is the one place where our commercial rights and your privacy expectations meet, and it should not be buried.

1.4 Your Consent Warranty

Customers deploying our pixel gateway represent and warrant, on an ongoing basis, that they have established a lawful basis, provided all required privacy notices, obtained all end-user consents required by applicable law, and implemented a mechanism to honor withdrawal of consent and applicable opt-out preference signals, before transmitting any conversion data through the Service. This mirrors Terms of Service Section 5.2. If you have not done this, do not deploy the gateway.

2.1 Information You Provide

• Account information: name, business email address, telephone number, company name, and website URL.
• Credentials: passwords, which are stored only as salted cryptographic hashes and are never stored or transmitted by us in plaintext.
• Billing information: billing address and payment card details, which are collected and processed by our PCI-DSS compliant payment processor. Raw card numbers are never stored on our systems; we retain only a payment token and the last four digits.
• User Content: marketing strategy text, business descriptions, prompts, creative brief inputs, uploaded assets, and asset metadata.

2.2 Information Collected Automatically

• Technical logs: device type, operating system, IP address, browser type, system diagnostics, and timestamped error logs.
• Strictly necessary cookies: we set an authentication cookie on app.passiv.app to keep you signed in. Our hosting and security providers may also set cookies used to protect the Service against automated abuse. These cannot be disabled without preventing the Service from working.
• Analytics cookies: we use Mixpanel to understand how the Service is used and to improve it. Mixpanel sets a cookie across passiv.app and app.passiv.app recording a device identifier, your browser and interface language, the platform you are using, and the page or site you arrived from. We use this for product analytics only.
• We do not use advertising or retargeting cookies on our own websites. Neither passiv.app nor app.passiv.app sets a cookie for the purpose of advertising to you or of building an advertising profile of you.
• Meta software development kit on app.passiv.app: the application loads Meta's JavaScript SDK on every page so that you can connect your Meta advertising account. Loading the SDK transmits a page-view event to Meta identifying our application, and Meta may set a cookie in your browser when you connect a Meta account. Because the SDK loads on every application page, this transmission can occur on the sign-in, sign-up, and agreement pages, and therefore before you have signed in or accepted this Policy. Meta processes that information under its own privacy policy, over which we have no control.

2.3 Ad Network API Data

• Account metadata: ad account identifiers, Business Manager authorizations, OAuth access tokens, and tracking configurations.
• Performance metrics: impressions, clicks, conversion events, CTR, CPC, CPA, ROAS, and advertising spend.
• Aggregated audience attributes: age range and gender breakdowns of the audiences that engaged with your advertising, as reported in aggregate by the Ad Networks. We receive these only as aggregate statistics and do not receive attributes about any identified individual.

2.4 Pixel Gateway Data

When you deploy our pixel gateway on your properties, it ingests and transmits the following about your site visitors:

• Customer identifiers, including email address, telephone number, name, city, and postal code where you have configured their capture. These are hashed using SHA-256 in the visitor's browser before transmission. We receive them only in hashed form, we do not reverse them, and we reject any identifier that does not arrive as a valid hash.
• Advertising click identifiers, such as fbclid, gclid, ttclid, and sccid.
• Browser user-agent string, IP address, page URL, and event payload attributes describing the conversion action.

Conversion data uploaded to the Service directly, rather than through the pixel, is hashed on receipt before it is stored.

This data belongs to your site visitors, not to you or to us. We process it solely to transmit conversion measurement events to the Ad Networks you have authorized. See Section 1.4 for your obligations regarding it.

3.1 Operating the Service

To create and manage advertising campaigns, transmit conversion events to Ad Network APIs, authenticate you, process recurring and overage billing, provide support, and deliver operational account alerts.

3.2 Artificial Intelligence and Automated Processing

The Service uses artificial intelligence to generate advertising copy, creative briefs, and campaign recommendations, and to make automated budget allocation decisions across advertising platforms.

Your prompts, business descriptions, and campaign inputs are transmitted to third-party artificial intelligence model providers acting as our subprocessors, by way of the model routing layer described in Section 4.2. Output may be inaccurate and must be reviewed by you before publication, as set out in Terms of Service Section 6.4. Automated budget allocation decisions affect how your advertising funds are spent but do not produce legal or similarly significant effects on any individual, and we do not use automated decision-making to profile or evaluate individuals.

3.3 Analytics, Machine Learning, and Product Improvement

We analyze Service Data to operate, monitor, secure, and troubleshoot the Service, to detect fraud, to verify billing, and to develop, train, test, and improve our models and algorithms. Where we use data for machine learning and published analytics, we use Aggregated Data that has been de-identified and does not identify you, your business, or any individual. See Section 7.3 for what this means for deletion.

3.4 Security and Fraud Prevention

To detect platform abuse, enforce our Terms of Service, prevent fraudulent transactions, investigate security incidents, and verify account integrity.

3.5 Communications

To send transactional notices, billing and usage warnings, security alerts, and service announcements, by email and, where you have enabled them, by push notification to a device you have registered. You can disable push notifications at any time in your device or browser settings. We may send product updates and marketing communications, from which you can unsubscribe at any time using the link in every such message. Consent to receive email from us does not extend to SMS, text, or other telephonic communications; we send those only with your separate express written consent, which you may revoke at any time. This mirrors Terms of Service Section 13.10.

4.1 Ad Networks

We transmit campaign data and conversion payloads to the Ad Network APIs you have authorized — Meta, Google, TikTok, and Snapchat — for the purpose of running and measuring your advertising. Each Ad Network processes that data under its own terms and privacy policy, over which we have no control. Once data reaches an Ad Network, that Ad Network determines how it is used.

4.2 Subprocessors

We use the following third-party providers to operate the Service. Each is bound by contractual data protection obligations, and we remain responsible for their performance under Terms of Service Section 5.5.

A current list of subprocessors is available on request at privacy@passiv.app. We will update this Policy when we add or replace a subprocessor that processes personal data.

4.3 Legal and Compliance

We may disclose information to comply with valid legal process such as a court order, subpoena, or statutory inquiry; to establish, exercise, or defend legal claims; or to protect the rights, safety, and infrastructure of the Company, our customers, or the public. Where we are legally permitted to do so, we will notify you before disclosing your data in response to legal process.

4.4 Corporate Transfers

If the Company is involved in a merger, acquisition, financing, reorganization, asset sale, or bankruptcy, information may be transferred as part of that transaction. Any acquirer will remain bound by this Policy with respect to data transferred, unless and until you are notified of and consent to a different policy.

4.5 Service Provider Affirmation

For customers subject to the California Consumer Privacy Act as amended by the California Privacy Rights Act, and to comparable state privacy statutes, the Company acts as a "service provider" or "processor" with respect to Gateway Data. We do not retain, use, or disclose Gateway Data for any purpose other than performing the Service specified in our Terms of Service, and we do not combine Gateway Data with personal information received from any other source except as permitted by law.

Scope of this affirmation. This affirmation applies to Gateway Data. It does not restrict our processing of Service Data and Aggregated Data under Terms of Service Sections 4.4 and 4.5, because that data is de-identified or aggregated and is not personal information. Section 1.3 explains this transition. We state the boundary explicitly so that this Policy and the Terms of Service do not contradict each other.

4.6 No Sale, No Share, and Opt-Out Preference Signals

We transmit hashed identifiers and conversion events to Ad Networks at your direction, for the purpose of measuring the performance of your own advertising. We receive no monetary or other valuable consideration for these transmissions, and they are made under service-provider terms rather than for cross-context behavioral advertising by us. On that basis these transmissions are not a "sale" or a "share" by the Company under applicable state law.

This does not resolve your own position. Whether your deployment of the gateway constitutes a sale or share by you depends on your configuration, your disclosures, and your relationship with the Ad Networks. You are responsible for that determination and for honoring opt-out preference signals such as Global Privacy Control on your own properties.

6.1 Technical and Organizational Measures

We maintain administrative, technical, and organizational safeguards designed to protect personal data against unauthorized access, disclosure, alteration, and destruction, appropriate to the nature of the data and to the size and resources of the Company. These include encryption of data in transit and at rest as provided by our infrastructure providers, OAuth 2.0 authentication for Ad Network integrations, hashing of stored credentials, access controls limiting internal access to those who require it, and transmission of gateway identifiers in hashed form only.

6.2 Your Responsibilities

You are responsible for the security of your own systems, your account credentials, and your deployment of the pixel gateway. Your Passiv account holds live access to your advertising accounts, so a compromise of your credentials is a compromise of those accounts. Notify us immediately at support@passiv.app of any suspected unauthorized access.

6.3 No Guarantee

No system is completely secure. We do not represent or warrant that the Service is free from vulnerabilities or that unauthorized access will never occur.

7.1 Retention Schedule

7.2 Deletion on Termination

When your account terminates, we delete your Account Data and User Content records from active production systems within thirty (30) days. For thirty (30) days following termination you may request an export of your data under Terms of Service Section 11.5.

Uploaded files are rendered inaccessible rather than erased. Creative files you upload are held in private storage and are never publicly addressable. On deletion we remove the records that reference them and no access URL is issued again, which makes them permanently unreachable. We do not state that the underlying file is erased, because our hosting platform does not currently expose a file deletion interface to us. We describe this accurately rather than claim an erasure we cannot perform, and we will delete the files themselves if and when that capability becomes available.

7.3 What Deletion Does Not Reach

Deleting your account does not require us to delete, and we do not delete:

• Aggregated Data, and models or algorithms trained using Service Data, which are our property under Terms of Service Sections 4.4 and 4.5 and are not personal data;
• copies persisting in encrypted backups until the applicable backup cycle expires, or in caches until they expire, which cannot be selectively reached;
• uploaded creative files, which are rendered permanently inaccessible as described in Section 7.2 but are not erased from underlying storage;
• records we are required or permitted to retain by law, for tax purposes, or for the establishment or defense of legal claims; and
• records necessary to prevent fraud, enforce our Terms of Service, or maintain security.

We state this plainly because a deletion right that quietly excludes categories is worse than one that names them.

8.1 Account Controls

You can review and update your account information at any time in your account settings.

8.2 Rights Available to You

Depending on the state in which you reside, you may have the right to know what personal data we hold about you, to access a copy of it, to correct inaccuracies, to request deletion, to obtain a portable copy, to opt out of sale, sharing, or targeted advertising, to limit the use of sensitive personal information, and to appeal a denial of any of these requests.

8.3 How to Submit a Request

Submit requests to privacy@passiv.app. We will acknowledge your request within ten (10) business days and respond substantively within forty-five (45) days. Where a request is complex we may extend this by a further forty-five (45) days and will tell you why before doing so. There is no charge for a request unless it is manifestly unfounded or excessive, in which case we will tell you before proceeding.

8.4 Verifying Your Identity

We will ask you to verify your identity before acting on a request, using information already associated with your account. We ask only for what is necessary to match you to your record, and we do not retain verification information beyond the purpose of verification. If we cannot verify you, we will tell you and explain why.

8.5 Authorized Agents

You may use an authorized agent to submit a request on your behalf. We will require written proof of the agent's authorization and may also require you to verify your own identity directly with us.

8.6 Appeals

If we decline your request in whole or in part, you may appeal by replying to our response or writing to privacy@passiv.app with the word "Appeal" in the subject line. We will review the appeal and respond in writing within forty-five (45) days, explaining the reasons for our decision. If the appeal is denied, we will provide a method by which you may contact your state Attorney General to submit a complaint. This appeal right is available to all users regardless of state of residence.

8.7 No Discrimination

We will not deny you service, charge you a different price, provide a different level of service, or retaliate against you for exercising any privacy right.

8.8 Requests From End Users of Our Customers' Websites

If you are a visitor to a website operated by one of our business customers and you wish to exercise rights over data collected there, contact that business, not us. For Gateway Data we act as a processor on our customer's behalf and we do not have the standing to action your request directly. If you contact us, we will forward your request to the relevant customer where we can identify them, and tell you that we have done so. We will assist our customers in responding to such requests as required by our contract with them.

8.9 Marketing Opt-Out

Every marketing message contains an unsubscribe link. Transactional messages about billing, security, and service availability cannot be opted out of while your account remains open, because they are necessary to provide the Service.