Spokest Spokest

Privacy Policy

Effective: 25 March 2026

1. Controller (Verantwortlicher)

The controller within the meaning of the General Data Protection Regulation (GDPR) and other national data protection laws as well as other data protection provisions is:

Spokest UG (haftungsbeschränkt)
Heubaumweg 21
91056 Erlangen
Germany

Commercial register: District Court of Fürth, HRB 22016
Managing Director: Phu Le
Email: privacy@spokest.com

Data Protection Officer

Due to the size of the company, the appointment of a data protection officer is currently not required pursuant to Art. 37 GDPR in conjunction with Section 38 BDSG (German Federal Data Protection Act). For data protection inquiries, please contact us directly at: privacy@spokest.com

2. Privacy at a Glance

Spokest is a personal AI companion ("AI Brain") that remembers your conversations and memories. We take the protection of your data extremely seriously. Here are the key points:

  • Your memories are encrypted with your personal key. Even our servers cannot read your data at rest (AES-256 per-user encryption).
  • No cookies, no tracking. We do not use cookies, analytics tools, or advertising.
  • Real-time backup to your Google Drive. You always have your own encrypted copy of your data.
  • All servers in Germany. Your data only leaves Germany for transient processing at AWS Frankfurt (embedding computation) and OpenAI (conversation processing) - without permanent storage.
  • Full GDPR rights. You can view, export, or delete your data at any time.

3. Data We Collect

3.1 Account Data

During registration, we collect:

  • Name
  • Email address
  • Password (stored only as a cryptographic hash - we do not know your password)

Legal basis: Art. 6(1)(b) GDPR (performance of contract).

3.2 Conversation Memories ("Brain Data")

When you interact with your Spokest brain (e.g., via Telegram, WhatsApp, Discord, or Slack), your messages and the memories, consolidations, and insights derived from them are stored. This includes:

  • Conversation messages and their context
  • Automatically extracted memories and facts
  • Consolidations (session summaries, daily summaries, weekly summaries, monthly summaries, yearly summaries)
  • Cognitive profile (thinking styles, decision-making patterns, strengths)
  • Personality analysis
  • Relationship graphs between memories (entities, topics, temporal links)

All brain data is encrypted with your personal AES-256 key. Your personal encryption key protects your data. Without your key, the stored data is unreadable - including by us.

Legal basis: Art. 6(1)(b) GDPR (performance of contract - storing memories is the core of the service).

3.3 Payment Data

Payments are processed exclusively through Stripe and PayPal. We store:

  • Subscription status (active, canceled, trial)
  • Selected plan and billing period
  • Payment method (type and last 4 digits only - never full card numbers)
  • Transaction IDs for reconciliation

Complete payment information (card numbers, bank details) is processed solely by Stripe or PayPal and is never stored on our servers.

Legal basis: Art. 6(1)(b) GDPR (performance of contract).

3.4 Technical Data from Website Visits

When you visit our website, the following data is automatically collected:

  • IP address (anonymized)
  • Browser type and version
  • Operating system
  • Referrer URL
  • Time of access

This data is required for the technical operation and security of the website and is deleted after 7 days.

Legal basis: Art. 6(1)(f) GDPR (legitimate interest in the security and functionality of the website).

4. How We Store and Protect Your Data

4.1 Per-User Encryption

Your brain data (memories, cognitive profile, consolidations) is encrypted at rest with your personal AES-256 key. Your personal encryption key protects your data. Decryption occurs only upon authorized access.

This means: Even our servers cannot read your data at rest. No Spokest employee has access to your memories in plain text.

4.2 Infrastructure

Your encrypted data is stored on dedicated servers of a European cloud infrastructure provider in Germany (with strict data separation). Each user is logically isolated - you can only access your own data.

Account data (email, name, subscription status) is stored in a separate database on the same infrastructure.

4.3 Real-Time Backup to Your Google Drive

Spokest automatically creates encrypted real-time backups of your brain data to your personal Google Drive. The backup files are encrypted with your personal key and are not readable without it. You retain these backups even after ending your Spokest subscription.

5. Sub-Processors (Auftragsverarbeiter)

To provide our service, we work with the following sub-processors:

Provider Purpose Data Processed Location
Hetzner Online GmbH Hosting of shared infrastructure (dedicated servers) Encrypted data blocks - plain text not accessible to Hetzner Germany
Amazon Web Services (Cloud Computing) Computation of vector embeddings for semantic memory search Memory text (transient - hardware-enforced data processing with zero data retention) Frankfurt, Germany
OpenAI OpenAI language models for conversation processing and memory extraction Conversation content (transient - not stored by OpenAI, not used for model training) EU / USA (Data Processing Addendum)
Stripe Payment processing Email, payment method, transaction data EU / USA (SCC)
PayPal Payment processing Email, payment method, transaction data EU / USA (SCC)
Google (Drive API) Real-time encrypted backup to the user's Google Drive Encrypted backup files (not readable without user's key) EU / USA (SCC)

Data processing agreements pursuant to Art. 28 GDPR are in place with all sub-processors. For data transfers outside the EEA, we rely on Standard Contractual Clauses (SCC) and/or adequacy decisions of the European Commission.

Transient Processing at AWS and OpenAI

Processing at AWS (embedding computation) and OpenAI (conversation processing) is exclusively transient. This means:

  • Your data is held in memory only for the duration of the computation
  • No copies are retained after processing is complete
  • Your data is not used for training AI models
  • At AWS, zero data retention is hardware-enforced

6. Retention Periods

Data CategoryRetention Period
Account data (email, name, password hash) As long as your account exists. Deleted within 30 days after account deletion, unless statutory retention obligations apply.
Brain data (memories, profile, consolidations) Stored encrypted as long as your account is active (including read-only mode after trial/cancellation). Irreversibly deleted upon account deletion.
Payment data In accordance with commercial and tax law retention obligations for up to 10 years (Section 147 AO, Section 257 HGB).
Technical server logs 7 days, then automatically deleted.
Google Drive backups Remain on your personal Google Drive and are under your control. Not deleted by Spokest.

7. Cognitive Profiling (Art. 22 GDPR)

Spokest creates a cognitive profile based on your conversations. This profile is used exclusively to personalize your experience and is never used for automated decision-making with legal or similarly significant effects.

What Is Analyzed?

  • Thinking styles and cognitive patterns (e.g., analytical, creative, structured)
  • Decision-making patterns and preferences
  • Communication style and preferences
  • Strengths and areas for development

How Does It Work?

The AI analyzes your stored memories and conversation history to identify patterns in your thinking and communication. The analysis is performed automatically by artificial intelligence.

Purpose

The cognitive profile is used exclusively to provide you with more personalized and relevant responses. No automated decisions with legal or similarly significant effects are made based on this profile (Art. 22(1) GDPR).

Your Rights Regarding Profiling

  • Access: You may request to view your cognitive profile at any time
  • Objection: You may object to profiling at any time (Art. 21 GDPR)
  • Erasure: You may request the deletion of your cognitive profile

Legal basis: Art. 6(1)(b) GDPR (performance of contract - personalization is a core component of the service).

8. Necessity of Data Provision (Art. 13(2)(e) GDPR)

The provision of your personal data is neither legally nor contractually required. You are not obligated to provide personal data. However, the provision of certain data (name, email address, conversation content) is necessary for the use of the service. Without this data, we cannot provide the service.

9. Artificial Intelligence

Spokest uses artificial intelligence to provide its core service. When you interact with Spokest, your messages are processed by AI systems to generate responses and build your personal memory. Your data is encrypted, stored securely, and associated with your account only. No other user can access your information. You may export or delete your data at any time through your account settings. By using Spokest, you acknowledge that AI technology powers the service.

Legal basis: Art. 6(1)(b) GDPR (performance of contract). For information about automated processing, see also Section 7 (Cognitive Profiling) and Section 10 (EU AI Act Transparency Notice).

10. Transparency Notice Pursuant to the EU AI Act (Art. 50)

In accordance with the EU Regulation on Artificial Intelligence (EU AI Act, Regulation (EU) 2024/1689), we inform you of the following:

  • AI system: When using Spokest, you are interacting with an AI system. All responses, analyses, summaries, and insights are generated by artificial intelligence, not by a human.
  • AI-generated content: Cognitive profiles, personality analyses, summaries, and all other content created by Spokest are AI-generated and may be inaccurate or incomplete. They do not constitute professional advice.
  • No emotion recognition: Spokest does not perform emotion recognition within the meaning of the EU AI Act. The cognitive profile analysis is based on long-term conversation patterns, not real-time emotion recognition.
  • Labeling: All content generated by Spokest is labeled as AI-generated in the user interface.

11. Cookies and Tracking

Spokest does not use cookies. We do not use analytics tools, advertising tracking, or social media plugins.

For font rendering, we use the Inter typeface. We host all fonts ourselves. No data is transmitted to Google.

12. Your Rights

As a data subject, you have the following rights under the GDPR:

RightDescriptionGDPR
Access You may request information about the personal data we store about you at any time. Art. 15
Rectification You have the right to have inaccurate data corrected. Art. 16
Erasure You may request the deletion of your data ("right to be forgotten"). Upon account deletion, all brain data is irreversibly erased. Art. 17
Restriction You may request the restriction of processing of your data. Art. 18
Data portability You have the right to export your data in a machine-readable format (JSON). The real-time backup to Google Drive additionally ensures this automatically. Art. 20
Objection You may object to the processing of your data at any time where processing is based on legitimate interests. Art. 21
Withdrawal of consent Where processing is based on your consent, you may withdraw it at any time with effect for the future. Art. 7(3)

To exercise your rights, please contact: privacy@spokest.com

We will process your request within 30 days (Art. 12(3) GDPR).

13. Data Security

We employ extensive technical and organizational measures to protect your data:

  • Per-user AES-256 encryption: Each user has their own encryption key
  • TLS/HTTPS: All data transmissions are encrypted (TLS 1.3)
  • HSTS: Strict Transport Security with preload
  • Tenant isolation: Logical isolation of all user data at the database level
  • Password hashing: Secure cryptographic hash function (no plain text)
  • Security headers: Industry-standard security headers
  • Sanitized logs: Memory content never appears in server logs
  • Regular security audits: Automated GDPR compliance audits

14. Data Transfers to Third Countries

Your brain data is primarily processed and stored on servers in Germany. Transfers to third countries outside the EEA occur only in the following cases:

  • OpenAI (USA): Transient conversation processing. Safeguarded by EU Standard Contractual Clauses (SCC) and Data Processing Addendum.
  • Stripe / PayPal (USA): Payment processing. Safeguarded by SCC and, where applicable, the EU-US Data Privacy Framework.
  • Google (USA): Google Drive backup (encrypted data only, not readable without your key).

Data transfer to AWS takes place within the EU (Frankfurt, Germany).

15. Minors

Spokest is intended for persons aged 16 and older. We do not knowingly collect data from persons under the age of 16. If we become aware that a person under 16 has created an account, we will promptly delete that account and all associated data.

16. Supervisory Authority (Aufsichtsbehörde)

You have the right to lodge a complaint with the competent data protection supervisory authority:

Bayerisches Landesamt für Datenschutzaufsicht (BayLDA)
(Bavarian State Office for Data Protection Supervision)
Promenade 18
91522 Ansbach
Germany
Phone: +49 (0) 981 180093-0
Email: poststelle@lda.bayern.de
Website: www.lda.bayern.de

17. Changes to This Privacy Policy

We reserve the right to update this privacy policy as necessary to adapt it to changed legal requirements or changes to the service. The current version is always available on this page. In the event of material changes, we will notify you by email.

18. Contact

For questions regarding data protection or to exercise your rights, you can reach us at:

Spokest UG (haftungsbeschränkt)
Heubaumweg 21
91056 Erlangen
Germany

Email: privacy@spokest.com
General inquiries: hello@spokest.com

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