Privacy Policy

When you use Pencil, we collect:

We use your information to:

• Let you sign in and personalize your onboarding
• Improve Pencil based on how people actually use it
• Communicate about updates, new features, or policy changes
• Keep our systems secure and reliable

We also use questionnaire responses to prioritize access, operate the extension(s), authenticate requests, and prevent abuse and fraud.

We use PostHog (US Cloud) to understand how people use Pencil.

What we collect. PostHog collects usage data (e.g., clicks, time spent in features, device/browser information, and error logs). In our implementation, these events are linked to your profile so we can provide product analytics, support, and security. We do not use analytics for advertising. We may also create aggregated or anonymized statistics that no longer identify you.

What we do not collect. Our PostHog implementation is configured to exclude user Inputs and Outputs from analytics events. This means no prompts, no AI-generated content, and no source code are captured by analytics. We use analytics only to understand feature usage, performance, reliability, and security signals — not to track your personal activity outside of Pencil.

No sale of data. We do not sell or rent your data.

International transfers. PostHog is hosted in the United States. For users in the EEA/UK, we rely on appropriate transfer safeguards (Standard Contractual Clauses, and for the UK, the UK Addendum/IDTA).

Pencil uses third-party services to generate or source images, including Reve Image (reve.art), Google Gemini Nano Banana, and Unsplash. We may change or add providers over time.

How the image flow works. Image-related features operate differently from text-based AI features. When you use image generation or stock-image features, your request and any content you intentionally submit are transmitted through High Agency, Inc. servers to the relevant third-party image provider. This transmission is the minimum technically necessary to fulfill your request and is performed in real time. We do not store, record, log, or cache this content on our servers — it is forwarded to the third-party provider and the response is returned to you along the same path.

Third-party retention. Once forwarded, content is subject to the third-party provider's own terms, privacy policies, and retention practices. We do not control, and are not responsible for, those practices. Your use of third-party services is also subject to the providers' own licensing terms, including any attribution or usage requirements.

International transfers. Image providers may process data outside the EEA/UK. We rely on appropriate transfer safeguards (e.g., Standard Contractual Clauses) where required.

Email. We use Loops to send onboarding and product communications, and Twilio SendGrid for transactional emails (e.g., access confirmations, account notifications). You can unsubscribe from marketing emails anytime using the link inside the email. Transactional emails necessary to provide the service may still be sent.

Sub-processors. We share personal data with the following categories of sub-processors acting on our instructions:

We may engage additional sub-processors from time to time. An updated list is available on request at hq@pencil.dev.

Data handled. These sub-processors process account data and operational metadata (e.g., email addresses, authentication tokens, usage events, error logs). They do not receive or store text-based Inputs/Outputs from Pencil, which are exchanged directly between your device and third-party AI providers. Image generation requests transit through our infrastructure (Vercel) in real time but are not stored.

Safeguards. We do not sell or rent your data. We enter into data-processing agreements with all sub-processors and require appropriate security measures. International transfers from the EEA/UK rely on Standard Contractual Clauses (and, for the UK, the UK Addendum/IDTA) or another valid transfer mechanism.

Data Processing Agreement (DPA). For regulated, enterprise, or business customers requiring a signed Data Processing Agreement, please contact hq@pencil.dev.

Inputs and Outputs. Text-based Inputs and Outputs are not stored on our servers — they are exchanged directly between your device and third-party AI providers. Image generation requests transit through our infrastructure in real time and are not stored, recorded, logged, or cached. Inputs and Outputs may be stored locally on your device (e.g., localStorage or filesystem), and you can delete them by clearing local storage or removing local files.

Security. Account data and operational metadata are stored securely using modern encryption (in transit and at rest) and access controls. We keep data only as long as needed to run Pencil or as required by law.

Deletion requests. If you delete your account or ask us to remove your information, we will do so within a reasonable timeframe unless we are legally required to retain it.

Typical retention periods

The retention periods below apply to account data and operational metadata only. They do not include text-based Inputs/Outputs (never stored on our servers) or image generation content (forwarded in real time, not retained).

Where legally required or necessary to establish, exercise, or defend legal claims, we may retain limited data for longer.

We may update this Privacy Policy from time to time.

If we make major changes, we'll post an update here or notify you directly.

Data controller. For the purposes of GDPR and UK GDPR, the controller of your personal data is High Agency, Inc.

Email: hq@pencil.dev

For data subject requests (access, rectification, erasure, portability, objection, restriction, or withdrawal of consent), please contact us at hq@pencil.dev with the subject line "Data Subject Request."