Privacy policy | BarkoAgent

01Data controller

TestDevLab SIA, registration number 40103486142, with the registered office at Vingrotaju 1, Riga, LV-1010, Latvia, is the controller and is responsible for the processing of your Personal Data as described in this Privacy Policy.

02Personal Data we collect

We collect personal data relating to you (“Personal Data”) as described below:

Personal Data You Provide

We collect the following Personal Data when you create an account or communicate with us:

Account Information: When you create an account with us, we collect information associated with your account, including your name, contact information, account credentials, payment card information, and transaction history (collectively, “Account Information”).
User Content: When you use our Services, we collect Personal Data that is included in the input, file uploads, or feedback that you provide to our Services (“Content”).
Communication Information: If you communicate with us, we collect your name, contact information, and the contents of any messages you send (collectively, “Communication Information”).
Social Media Information: We have pages on social media sites like Instagram, Facebook, YouTube and LinkedIn. When you interact with our social media pages, we collect Personal Data that you choose to provide to us, such as your contact details (collectively, “Social Media Information”). In addition, the companies that host our social media pages may provide us with aggregate information and analytics about our social media activity.
Other Information You Provide: We collect other information that you may provide to us, such as when you participate in our events or surveys or provide us with information to establish your age or identity (collectively, “Other Information You Provide”).

Personal Data We Receive Automatically From Your Use of the Services

When you visit, use, or interact with the Services, we receive the following information (“Technical Information”):

Log Data: Information that your browser or device automatically sends when you use our Services. Log data includes your Internet Protocol address, browser type and settings, the date and time of your request, and how you interact with our Services.
Usage Data: We may automatically collect information about your use of the Services, such as the types of content that you view or engage with, the features you use and the actions you take, as well as your time zone, country, the dates and times of access, user agent and version, type of computer or mobile device, and your computer connection.
Device Information: Includes name of the device, operating system, device identifiers, and browser you are using. Information collected may depend on the type of device you use and its settings.
Cookies and Similar Technologies: We use cookies and tracking technologies to operate and administer our Services, and improve your experience. For details about our use of cookies, please visit our Cookie Policy.

Personal Data We Receive From Other Sources

We collect information from other sources, like information that is publicly available on the internet, in particular to develop the models that power our Services. We also receive information from our trusted partners, such as security partners to protect against fraud, abuse, and other security threats to our Services or marketing vendors who provide us with information about potential customers of our business services.

03How we use Personal Data

We may use Personal Data for the following purposes:

To provide and maintain our Services;
To improve and develop our Services and new features and conduct research;
To communicate with you, including to send you information or marketing about our Services and events;
To prevent fraud, criminal activity, or misuses of our Services, and to protect the security of our systems and Services; and
To comply with legal obligations and to protect the rights, privacy, safety, or property of our users, us, our affiliates, or any third party.

Aggregated or De-Identified Information. We aggregate or de-identify Personal Data so that it can no longer be used to identify you and use this information to analyze the effectiveness of our Services, to improve and add features to our Services, to conduct research and for other similar purposes. In addition, from time to time, we may share or publish aggregated information like general user statistics with third parties. We collect this information through the Services, through cookies and tracking technologies, and through other means described in this Privacy Policy. We will maintain and use de-identified information in anonymous or de-identified form and we will not attempt to re-identify the information, unless required by law.

04Disclosure of Personal Data

We may disclose your Personal Data in the following circumstances:

Vendors and Service Providers: To assist us in meeting business operations needs and to perform certain services and functions, we may disclose Personal Data to vendors and service providers, including providers of hosting services, customer service vendors, cloud services, content delivery services, support and safety monitoring services, email communication software, web analytics services, payment and transaction processors, and other information technology providers. Pursuant to our instructions, these parties will access, process, or store Personal Data only in the course of performing their duties to us.
Business Transfers: If we are involved in strategic transactions, reorganization, bankruptcy, receivership, or transition of service to another provider (collectively, a “Transaction”), your Personal Data may be disclosed in the diligence process with counterparties and others assisting with the Transaction and transferred to a successor or affiliate as part of that Transaction along with other assets.
Government Authorities or Other Third Parties: We may share your Personal Data, including information about your interaction with our Services, with government authorities, industry peers, or other third parties in compliance with the law (i) if required to do so to comply with a legal obligation, or in the good faith belief that such action is necessary to comply with a legal obligation, (ii) to protect and defend our rights or property, (iii) if we determine, in our sole discretion, that there is a violation of our terms, policies, or the law; (iv) to detect or prevent fraud or other illegal activity; (v) to protect the safety, security, and integrity of our products, employees, users, or the public, or (vi) to protect against legal liability.
Affiliates: We may disclose Personal Data to our affiliates, meaning an entity that controls, is controlled by, or is under common control with BarkoAgent. Our affiliates may use this Personal Data in a manner consistent with this Privacy Policy.
Business Account Administrators: When you join a BarkoAgent Enterprise or business account, the administrators of that account may access and control your account, including being able to access your Content. In addition, if you create an account using an email address belonging to your employer or another organization, we may share the fact that you have an account and certain account information, such as your email address, with your employer or organization to, for example, enable you to be added to their business account.
Other Users and Third Parties You Interact or Share Information With: Certain features allow you to interact or share information with other users or third parties. For example, you can share BarkoAgent conversations with other users by setting “Shared chats” in project settings.

You can also send information to third-party applications, such as via custom actions for Web Automation or Custom Agents, or for searching the web to help answer questions that benefit from more recent information. Information you share with third parties is governed by their own terms and privacy policies, and you should make sure you understand those terms and policies before sharing information with them.

05Retention

We'll retain your Personal Data for only as long as we need in order to provide our Service to you, or for other legitimate business purposes such as resolving disputes, safety and security reasons, or complying with our legal obligations. How long we retain Personal Data will depend on a number of factors, such as:

Our purpose for processing the data (such as whether we need to retain the data to provide our Services);
The amount, nature, and sensitivity of the data;
The potential risk of harm from unauthorized use or disclosure of the data;
Any legal requirements that we are subject to.

In some cases, the length of time we retain data depends on your settings. We will permanently delete new conversations after 30 days and review them only as needed to monitor for and investigate abuse.

06Your rights

You have the following statutory rights in relation to your Personal Data:

Access your Personal Data and information relating to how it is processed.
Delete your Personal Data from our records.
Rectify or update your Personal Data.
Transfer your Personal Data to a third party (right to data portability).
Restrict how we process your Personal Data.
Withdraw your consent — where we rely on consent as the legal basis for processing at any time.
Lodge a complaint with your local data protection authority (see below).

You have the following rights to object:

Object to our processing of your Personal Data for direct marketing at any time.
Object to how we process your Personal Data when our processing is based on legitimate interests.

You can exercise some of these rights through your BarkoAgent account. If you are unable to exercise your rights through your account, please submit your request through dpo@testdevlab.com.

We hope that we are able to address any questions or concerns you may have. If you have any unresolved complaints with us or our Data Protection Officer, you can reach out to the Data State Inspectorate Republic of Latvia as our lead supervisory authority, or your local supervisory authority.

For any unresolved complaints relating to the UK you can reach out to the Information Commissioner's Office and for Switzerland, to the Federal Data Protection and Information Commissioner.

A note about accuracy: Services like BarkoAgent generate responses by reading a user's request and, in response, predicting the words or triggering actions from its agentic capabilities that are most likely to happen next. In some cases, the words or actions most likely to appear or happen next may not be the most factually accurate. For this reason, you should not rely on the factual accuracy of output from BarkoAgent. If you notice that BarkoAgent output contains factually inaccurate information about you and you would like to request a correction or removal of the information, you can submit these requests through dpo@testdevlab.com, and we will consider your request based on applicable law and the technical capabilities of our models.

07Children

Our Services are not directed to, or intended for, children under 13. We do not knowingly collect Personal Data from children under 13. If you have reason to believe that a child under 13 has provided Personal Data to BarkoAgent through the Services, please email us at dpo@testdevlab.com. We will investigate any notification and, if appropriate, delete the Personal Data from our systems. Users under 18 must have permission from their parents or guardian to use our Services.

08Security

We implement commercially reasonable technical, administrative, and organizational measures designed to protect Personal Data from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or email transmission is ever fully secure or error free. Therefore, you should take special care in deciding what information you provide to the Services. In addition, we are not responsible for circumvention of any privacy settings or security measures contained on the Service, or third-party websites.

09Legal bases for processing

When we process your Personal Data for the purposes described above, we rely on the following legal bases:

Purpose of processing	Type of Personal Data processed (depending on the processing activity)	Legal basis (depending on the processing activity)
To provide and maintain our Services	Account Information · User Content · Communication Information · Other Information You Provide · Log Data · Usage Data · Device Information · Cookies and Tracking Technologies	Where necessary to perform a contract with you, such as processing a user's prompts to provide a response.
To improve and develop our Services and new features and conduct research	Account Information · User Content · Communication Information · Other Information You Provide · Data We Receive From Other Sources · Log Data · Usage Data · Device Information · Cookies and Tracking Technologies	Where necessary for our legitimate interests and those of third parties and broader society, including in developing, improving, or promoting our Services.
To communicate with you, including to send you information or marketing about our Services and events	Account Information · Communication Information · Social Media Information · Other Information You Provide · Log Data · Usage Data · Device Information · Cookies and Tracking Technologies	Where necessary to perform a contract with you, such as processing your contact information to send you a technical announcement about the Services. Your consent when we ask for it to process your Personal Data for a specific purpose that we communicate to you, such as processing your contact information to send you certain forms of marketing communications.
To prevent fraud, criminal activity, or misuses of our Services, and to protect the security of our systems and Services	Account Information · User Content · Communication Information · Social Media Information · Other Information You Provide · Data We Receive From Other Sources · Log Data · Usage Data · Device Information · Cookies and Tracking Technologies	Where necessary to comply with a legal obligation. Where we are not under a specific legal obligation, where necessary for our legitimate interests and those of third parties, including in protecting our Services from abuse, fraud, or security risks, such as processing data from security partners to protect against fraud, abuse and security threats in our Services.
To comply with legal obligations and to protect the rights, privacy, safety, or property of our users, us, our affiliates, or any third party	Account Information · User Content · Communication Information · Social Media Information · Other Information You Provide · Data We Receive From Other Sources · Log Data · Usage Data · Device Information · Cookies and Tracking Technologies	Where necessary to comply with a legal obligation, such as retaining transaction information to comply with record-keeping obligations. Where we are not under a specific legal obligation, where necessary for our legitimate interests and those of third parties and broader society, including in protecting our or our affiliates', users', or third parties' rights, safety, and property, such as analysing log data to identify fraud and abuse in our Services.

10Data transfers

BarkoAgent processes your Personal Data on servers located in the EEA for the purposes described in this Privacy Policy. This includes processing and storing your Personal Data in our facilities and servers in the EEA. While data protection law varies by country and these countries may not offer the same level of data protection as your home country, we apply the protections described in this policy to your Personal Data regardless of where it is processed. When transferring Personal Data outside of the EEA, Switzerland or the UK, we rely on the following transfer mechanisms to comply with applicable data protection law:

We rely on the European Commission's adequacy decisions pursuant to Article 45(1) GDPR when transferring your Personal Data to any country that has been considered to provide an adequate level of protection.
For other jurisdictions, we rely on the Standard Contractual Clauses (“SCCs”) as approved by the European Commission pursuant to Article 46(2)(c) GDPR and on the UK Data Transfer Addendum.

For more information or to obtain a copy of the appropriate safeguards we have in place when transferring Personal Data, please contact us at dpo@testdevlab.com.

11Changes to the privacy policy

We may update this Privacy Policy from time to time. When we do, we will post an updated version on this page, unless another type of notice is required by applicable law.

12How to contact us

Please contact support at hello@barkoagent.com if you have any questions or concerns not already addressed in this Privacy Policy. Alternatively, you can write to us at dpo@testdevlab.com or the address above under Section 1 (Data Controller).