Privacy Policy

1. Introduction

Genki Digital (“we,” “us,” or “our”) is a digital agency that designs and builds AI-powered products for companies in the health and cannabis industries. We operate from offices in Barcelona, Spain and Buenos Aires, Argentina.

This Privacy Policy explains how we collect, use, disclose, and safeguard your personal information when you visit our website at genkidigital.com(the “Site”), interact with our contact forms, subscribe to our newsletter, or otherwise engage with our services. By accessing or using the Site, you acknowledge that you have read, understood, and agree to be bound by this Privacy Policy. If you do not agree with the terms of this Privacy Policy, please do not access the Site.

2. Information We Collect

2.1 Information You Provide Directly

When you submit our contact form or otherwise communicate with us, we may collect the following personal data:

• Full name
• Email address
• Company or organisation name
• Industry
• Project type or description
• Estimated budget range
• Free-text message content

2.2 Information Collected Automatically

When you visit the Site, we and our third-party service providers may automatically collect certain information through cookies, pixels, and similar tracking technologies, including:

• Device and browser information (operating system, browser type and version, device model, screen resolution)
• IP address and approximate geographic location
• Usage data (pages visited, time spent on pages, referring URL, click-through data)
• Cookies and similar identifiers (see Section 9 below)

3. How We Use Your Information

We use the information we collect for the following purposes:

• To respond to your inquiries: We use the data you submit through our contact form to evaluate your project needs and provide a timely, relevant response.
• To improve the Site and our services: We analyse aggregated and anonymised usage data to understand how visitors interact with the Site, identify areas for improvement, and optimise performance.
• To send newsletters and marketing communications: If you have opted in to receive our newsletter, we will use your email address to send periodic updates about our work, insights, and industry news. You may unsubscribe at any time.
• To comply with legal obligations: We may process your personal data where it is necessary to comply with applicable laws, regulations, legal processes, or enforceable governmental requests.

4. Legal Basis for Processing (GDPR)

If you are located in the European Economic Area (EEA), the United Kingdom, or another jurisdiction that requires a lawful basis for processing personal data, we rely on the following legal grounds:

• Consent: Where you have given us clear, affirmative consent to process your personal data for a specific purpose, such as subscribing to our newsletter or accepting non-essential cookies.
• Legitimate interest: We may process your data where it is necessary for our legitimate business interests, such as improving our services, conducting analytics, and ensuring the security of the Site, provided those interests are not overridden by your data protection rights.
• Contract performance: Where processing is necessary to take steps at your request prior to entering into a contract, or to perform a contract to which you are a party (for example, responding to a project inquiry that may lead to an engagement).

5. Data Sharing

We do not sell, rent, or trade your personal information to third parties for their marketing purposes. We may share your information only in the following limited circumstances:

• Email service providers: We use Resend as our transactional and marketing email service provider. Resend processes your email address and associated metadata solely on our behalf and in accordance with our instructions.
• Analytics tools: We use analytics services to help us understand how visitors use the Site. These providers may collect information sent by your browser as part of a web-page request, such as cookies or your IP address.
• Legal requirements: We may disclose your personal data if required to do so by law, in response to valid requests by public authorities (e.g., a court order or subpoena), or where disclosure is necessary to protect our rights, your safety, or the safety of others.

6. International Data Transfers

Genki Digital operates from Spain and Argentina, and we may engage service providers located in the United States and other jurisdictions. As a result, your personal data may be transferred to, stored in, and processed in countries outside your country of residence, including countries that may not provide the same level of data protection as your home jurisdiction.

Where we transfer personal data outside the EEA, we ensure that appropriate safeguards are in place in accordance with applicable data protection law, including the use of Standard Contractual Clauses approved by the European Commission or reliance on adequacy decisions where available.

7. Data Retention

We retain your personal data only for as long as is necessary to fulfil the purposes for which it was collected, or as required by applicable law:

• Contact form submissions: We retain the personal data you provide through our contact form for a maximum of two (2) years from the date of submission, unless a contractual or legal obligation requires us to retain it longer.
• Newsletter subscribers: We retain your email address and subscription preferences until you unsubscribe. Upon unsubscription, we will delete your data from our active mailing lists within thirty (30) days, though residual copies may persist in backups for a limited period.

8. Your Rights

Depending on your location, you may have the following rights under the EU General Data Protection Regulation (GDPR) and/or Argentina’s Personal Data Protection Act (Ley 25.326, PDPA):

• Right of access: You have the right to request a copy of the personal data we hold about you.
• Right to rectification: You have the right to request that we correct any inaccurate or incomplete personal data we hold about you.
• Right to erasure (“right to be forgotten”): You have the right to request that we delete your personal data where there is no compelling reason for its continued processing.
• Right to data portability: You have the right to receive a copy of your personal data in a structured, commonly used, and machine-readable format, and to transmit that data to another controller.
• Right to restrict processing: You have the right to request that we restrict the processing of your personal data under certain circumstances, such as when you contest its accuracy.
• Right to object: You have the right to object to the processing of your personal data where we rely on legitimate interest as the legal basis, and there is something about your particular situation that makes you want to object to processing on this ground.
• Right to withdraw consent: Where processing is based on your consent, you have the right to withdraw that consent at any time. Withdrawal of consent does not affect the lawfulness of processing carried out before the withdrawal.

To exercise any of these rights, please contact us at hello@genkidigital.com. We will respond to your request within thirty (30) days of receipt. If you are in the EU, you also have the right to lodge a complaint with your local data protection supervisory authority. If you are in Argentina, you may file a complaint with the Agencia de Acceso a la Información Pública (AAIP).

9. Cookies

The Site uses cookies and similar tracking technologies to enhance your browsing experience and to collect information about how you use the Site. A cookie is a small text file that is placed on your device when you visit a website.

Types of cookies we use

• Essential cookies: These cookies are strictly necessary for the operation of the Site. They enable core functionality such as page navigation and access to secure areas. The Site cannot function properly without these cookies.
• Analytics cookies: These cookies allow us to recognise and count the number of visitors and to see how visitors move around the Site. This helps us improve the way the Site works by, for example, ensuring that users can easily find what they are looking for.

You can manage your cookie preferences through your browser settings. Most browsers allow you to refuse or delete cookies. Please note that disabling essential cookies may impair the functionality of the Site.

10. Children’s Privacy

The Site is not directed at individuals under the age of sixteen (16). We do not knowingly collect personal data from children under 16. If we become aware that we have inadvertently collected personal data from a child under 16, we will take reasonable steps to delete such information from our records as promptly as possible. If you believe that a child under 16 has provided us with personal data, please contact us at hello@genkidigital.com.

11. Changes to This Policy

We may update this Privacy Policy from time to time to reflect changes in our practices, technologies, legal requirements, or other factors. When we make material changes, we will update the “Last updated” date at the top of this page. We encourage you to review this Privacy Policy periodically to stay informed about how we are protecting your information. Your continued use of the Site after any changes to this Privacy Policy constitutes your acceptance of such changes.

12. Contact Us

If you have any questions, concerns, or requests regarding this Privacy Policy or our data practices, please contact us: