LM Studio Hub Privacy Policy

Effective March 28, 2025

TL;DR:

• This policy covers the LM Studio Hub (web service), which needs different permissions than the desktop app in order to facilitate creating accounts, content sharing, and interaction with user content.

• We process only what's needed to operate and improve the Hub: account info, content you post, and actions you take.

• You own your content, but know that content you mark as public is visible and accessible to anyone on the internet.

Introduction

This Privacy Policy ("Policy") describes what information Element Labs ("we", "us", "our") gathers and how we use it when you use our LM Studio Hub as a registered user (the "Hub").

We may update this policy occasionally. When we do, we'll post the new version on this page before a reasonable amount of time before the changes take effect.

Contact us

If you have any questions, comments or concerns regarding this Policy or our processing of information, please contact us at [email protected].

What we process and why

Since the Hub is a web-based product, we process the following data:

• User activity: Information you provide (like account details) and actions you take (such as posting content) to deliver the features you use.

• Connection data: IP address, information from cookies, especially your login information, and your preferences, and browser information required for the website to function and maintain security.

Some of this information (such as your email address or IP address) may be considered personal information. These are the situations where we may be processing your data:

When You Register to the Hub

What: Your email address, your profile display name, your username, your IP address, your provided bio.

Why: To create your account, facilitate posting your own content, and enable interacting with the content of other users.

When You Post Content on the Hub

What: The information you include in the posted content.

Why: Storing the content you post, and giving others access based on the privacy settings you specify.

When You Interact on the Hub

What: Basic information about your session, like browser type, time and date of access, IP address, and actions taken while using the Hub.

Why: To ensure things are working properly and provide a good experience for you and everyone else using the Hub.

When You Email Us

What: Your email address and the content of your email.

Why: So we can respond to your questions or provide the support you need.

Others involved in handling information

We keep your information private, and only share it with third parties under the following circumstances, or if you give us explicit permission.

Service Providers We Work With

Who: Email service providers, cloud storage service providers, and statistical analysis providers.

Why: Operating the Hub.

You Post Content to the Hub

Who: Users you've specified can see the content, meaning anyone on the internet if public.

Why: To make the content available for others to see based on your privacy settings.

Legal Requirements

In rare cases, we may need to disclose information:

• If you violated any applicable law while using our services
• When we're required to disclose information to judicial, governmental, or regulatory authorities
• To comply with legal, judicial, and ethical requirements
• When working with legal counsel on matters that could impact us

Business Changes

If our company undergoes organizational changes (like a merger or acquisition), information may be transferred to new as part of that process.

*Note: This only includes content you uploaded to the Hub.*

Data retention and security

We retain information only as long as necessary.

We keep data only as long as needed for legal, operational, or contractual reasons. Once no longer required, we delete or anonymize it. Your account information is kept while your account is active unless you request deletion. You may delete your data at any time through your profile settings page.

We implement measures to keep information secure.

Information security is really important to us. We implement generally accepted industry standards to keep it safe and reduce the risk of damage or unauthorized access. However, as with any electronic storage or method of transmission over the internet, there is still risk, and we can't guarantee absolute information security despite following these acceptable practices.

Additional information for individuals in the EU or UK

Controller

The data controller of the data described in this policy is:

Element Labs, Inc., a Delaware corporation. Our registered address: 251 Little Falls Drive, Wilmington, New Castle Country, Delaware 19808-1674.

International data transfers

To facilitate the processing of information, we transfer it to countries outside the EU and the UK to the United States.

Legal basis for processing your information

Scenario: Handling your email request and responding to you. Legal Basis: Our legitimate interests in responding to customer inquiries.

Scenario: User registration to the Hub and posting content on the Hub. Legal Basis: Performance of the terms of service agreement we concluded with you, governing your use of the Hub

Scenario: To provide, maintain and improve user experience when using the Hub, and for quality assurance, development and enhancement of the Hub Legal Basis: Our legitimate interests in business development of the Hub

Scenario: Responding to, handling, and mitigating suspected violations of law impacting us Legal Basis: Legitimate interests in defending and enforcing violations and breaches that are harmful to us.

Scenario: Complying with a binding request to disclose your information to a judicial, governmental, or regulatory authority Legal Basis: Compliance with legal obligations imposed on us. Where the binding request is not within UK or EU law, our legal basis is our legitimate interests in complying with mandatory legal requirements imposed on us.

Scenario: Enabling a structural change in the operation of our business Legal Basis: Legitimate interests in our business continuity.

Data subject rights

If you are in the EU or the UK, you have the following rights under the GDPR:

Right to Access and receive a copy of your information that we process.

Right to Rectify inaccurate information we have concerning you and to have incomplete information completed.

Right to Data Portability, that is, to receive the information that you provided to us, in a structured, commonly used, and machine-readable format. You have the right to transmit this data to another person or entity. Where technically feasible, you have the right to have your information transmitted directly from us to the person or entity you designate.

Right to Object to our processing of your information based on our legitimate interest. However, we may override the objection if we demonstrate compelling legitimate grounds, or if we need to process such information for the establishment, exercise, or defense of legal claims.

Right to Restrict us from processing your information (except for storing it): (a) if you contest the accuracy of the information (in which case the restriction applies only for a period enabling us to determine the accuracy of the information); (b) if the processing is unlawful and you prefer to restrict the processing of the information rather than requiring the deletion of such data by us; (c) if we no longer need the information for the purposes outlined in this Policy, but you require the information to establish, exercise or defend legal claims; or (d) if you object to our processing based on our legitimate interest (in which case the restriction applies only for the period enabling us to determine whether our legitimate grounds for processing override yours).

Right to be Forgotten. Under certain circumstances, such as when you object to our processing of your information based on our legitimate interest and there are no overriding legitimate grounds for the processing, you have the right to ask us to erase your information. However, notwithstanding such a request, we may still process your information if it is necessary to comply with our legal obligations, or for the establishment, exercise, or defense of legal claims. If you wish to exercise any of these rights, please contact us through the channels listed in this Policy.

When you contact us, we reserve the right to ask for reasonable evidence to verify your identity before we provide you with information. Where we are not able to provide you with information that you have asked for, we will explain the reason.

Subject to applicable law, you have the right to lodge a complaint with your local data protection authority. If you are in the EU, then according to Article 77 of the GDPR, you can lodge a complaint to the supervisory authority, in the Member State of your residence, place of work or place of alleged infringement of the GDPR. For a list of supervisory authorities in the EU, click here.

If you are in the UK, you can lodge a complaint to the Information Commissioner's Office (ICO) pursuant to the instructions provided here.

Additional information for individuals in the United States

If you are an individual residing in the United States, we provide you with the following information pursuant to the applicable state privacy laws.

We do not sell your information and have not done so in the past 12 months. We do not share your information for cross-context behavioural advertising.

Your rights under U.S. State privacy laws

Right to deletion

Subject to certain exceptions set out below, on receipt of a verifiable request from you, we will:

• Delete your information from our records; and
• Direct any service providers to delete your information from their records.

Please note that we may not delete your information if it is necessary to:

• Complete the transaction for which the information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us.

• Help to ensure security and integrity to the extent the use of the consumer's information is reasonably necessary and proportionate for those purposes.

• Debug to identify and repair errors that impair existing intended functionality.

• Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law.

• Engage in public or peer-reviewed scientific, historical, or statistical research that conforms or adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the ability to complete such research, provided we have obtained your informed consent.

• Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us and compatible with the context in which you provided the information.

or

• Comply with an existing legal obligation.

We also will deny your request to delete if it proves impossible or involves disproportionate effort, or if another exception under the law applies. We will provide you with a detailed explanation that includes enough facts to give you a meaningful understanding as to why we cannot comply with the request to delete your information.

Right to correct inaccurate information

If we receive a verifiable request from you to correct your information and we determine the accuracy of the corrected information you provide, we will correct inaccurate information that we maintain about you.

In determining the accuracy of the information that is the subject of your request to correct, we will consider the totality of the circumstances relating to the contested information.

We also may require that you provide documentation if we believe it is necessary to rebut our own documentation that the information is accurate.

We may deny your request to correct in the following cases:

• We have a good-faith, reasonable, and documented belief that your request to correct is fraudulent or abusive.

• We determine that the contested information is more likely than not accurate based on the totality of the circumstances.

• Conflict with federal or state law.

• Another exception under the law.

• Inadequacy in the required documentation

• Compliance proves impossible or involves disproportionate effort.

We will provide you a detailed explanation that includes enough facts to give you a meaningful understanding as to why we cannot comply with the request to correct your information

Protection against discrimination

You have the right to not be discriminated against because you exercised any of your rights under applicable laws. If you exercise your rights, we cannot:

• deny you services.

• charge different prices or fees for services, also through discounts, benefits, or fines.

• provide you with a different level or quality of services.

• propose that you receive different prices or tariffs for services.

Please note that we may charge a different fee or provide a different level or quality of services, if the difference is reasonably related to the value we gain from your information.

Our response to your requests

We will respond to your requests within 45 days (or within 90 days, where the law permits, and we determine it necessary considering the complexity and number of the requests you have filed). If we take longer than 45 days, we will inform you of the extension within the initial forty-five-day response period, together with the reason for the extension.

We may deny your request in the following cases:

• If we believe in good faith, based on reasons which are documented in writing, that your request is fraudulent or is an abuse of your rights under applicable law.

• If we conclude that the request is irrelevant, based on all the circumstances at issue (e.g., if you requested to correct your information, and we find that it is likely to be accurate).

• If it is contrary to federal or state law.

• Due to discrepancy in the required documentation.

• If the fulfilment of your request turns out to be impossible or involves disproportionate effort.

We will provide you with a detailed explanation including sufficient facts, to enable you to meaningfully understand why we cannot fulfil your request.

You may appeal our decision to deny your request by sending us an email at [email protected].