Privacy Policy
This translation is provided for convenience. The legally binding version is the German one.
1. Data Controller
The party responsible for data processing on this website and in the chat service chat.emiliaiva.com is:
Foth Group GmbH
Seehofstraße 137, 14167 Berlin, Germany
E-Mail: kontakt@fothgroup.de
2. What Data We Process
We process only the data necessary for the operation of the service:
- Email address and (optionally) display name when registering for the chat
- Content of your chat messages and the responses generated by Emilia
- If you connect to the chat via WhatsApp: your WhatsApp ID (phone number hash from the Meta API)
- Server access logs (IP address, date, time, resource accessed) — stored for 14 days for protection against attacks
- Authentication token in your browser's localStorage (technically necessary)
3. Purpose of Processing
The data is used exclusively to provide the service: delivery of the AI companion chat with the persona "Emilia", account and session management, ensuring secure operation, and — once paid subscription plans are introduced — contract processing and billing. The legal basis is Art. 6 Abs. 1 lit. b DSGVO (GDPR) (performance of a contract) as well as Art. 6 Abs. 1 lit. f DSGVO (GDPR) (legitimate interest in secure operation).
4. No Public Gallery, No AI Training
Your chat messages are visible exclusively to you and the operators. There is no public visibility. Your messages are not used for training AI models — neither by us nor by our data processors.
5. Data Processors and Third-Country Transfers
We share data only to the extent necessary for the operation of the service. Data processing agreements in accordance with Art. 28 DSGVO (GDPR) are in place with all listed data processors.
5.1 Anthropic, PBC (AI Language Model)
To generate Emilia's chat responses, your messages are transmitted to the Claude API of Anthropic, PBC (USA). Anthropic is certified under the EU-US Data Privacy Framework (adequacy decision of the European Commission of 10 July 2023). The use of your inputs for training AI models is contractually excluded. Anthropic stores API requests in accordance with their standard data policy for a maximum of 30 days for abuse detection; content is deleted thereafter.
5.2 Hetzner Online GmbH (Hosting)
Our servers and databases are operated by Hetzner Online GmbH, Industriestraße 25, 91710 Gunzenhausen, Germany. All user data — including accounts and chat history — is stored on Hetzner servers in Germany.
5.3 Meta Platforms Ireland Ltd. (optional, only when using WhatsApp integration)
If you contact Emilia via WhatsApp Business, message delivery is routed through the WhatsApp Cloud API of Meta Platforms Ireland Ltd. Processing takes place within the framework of the WhatsApp Business Terms of Service. Only the metadata required for message exchange is processed.
5.4 Google Fonts
This website loads fonts via Google Fonts (Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland). Your IP address is transmitted to Google in the process. Legal basis: Art. 6 Abs. 1 lit. f DSGVO (GDPR) (display of content).
6. Retention Periods
Your data is stored for as long as your account is active. Upon account deletion, the following applies:
- Chat histories and display name: immediate and irreversible deletion
- Email address (without a billing relationship): immediate deletion
- Email address (where a billing relationship exists): retained for 10 years in accordance with § 257 HGB / § 147 AO and on the basis of legitimate interest (Art. 6 Abs. 1 lit. f DSGVO (GDPR)) for fraud prevention and enforcement of the terms of use
- Payment and invoice data: 10 years in accordance with § 257 HGB / § 147 AO
- Server logs: 14 days
- Moderation logs: 3 years (statutory documentation obligation)
The right to erasure (Art. 17 DSGVO (GDPR)) applies subject to the statutory retention obligations set out above.
7. Your Rights
You have the right of access (Art. 15), rectification (Art. 16), erasure (Art. 17), restriction of processing (Art. 18), data portability (Art. 20), and objection (Art. 21) under the DSGVO (GDPR). You also have the right to lodge a complaint with a supervisory authority — the competent authority includes, among others, the Berliner Beauftragte für Datenschutz und Informationsfreiheit (Berlin Commissioner for Data Protection and Freedom of Information). Please direct enquiries to: kontakt@fothgroup.de
8. Cookies and Tracking
This website uses no tracking cookies and no analytics tools. Only technically necessary localStorage is used for authentication in the chat (JWT token). Consent under § 25 TTDSG is not required for this purpose.
9. Age Restriction
The service is intended exclusively for persons aged 18 and over. By registering, you confirm that you are of legal age. We reserve the right to verify age statements on a random-sample basis.
10. Changes to This Privacy Policy
We reserve the right to update this Privacy Policy in order to reflect changes in the legal situation or changes to the service. The current version is available at this URL at all times.