Privacy Policy

TourGuide3D LLC is a Delaware limited liability company operating the TourGuide3D platform for virtual, Matterport-based property tours. For most Operators, we act as a data processor (or "service provider" under US state privacy laws) with respect to Visitor Data and Operator Content; for account, billing and platform-usage data about Operators themselves, we act as a data controller. See Section 10 for the Operator/Visitor split in more detail.

2.1 Account information (Operators). When you create an account, we collect your name, email address, and a securely hashed password (we never store your password in plain text). We also store your role/permissions within your team or group, email-verification status, and — if you connect your Matterport account — OAuth access and refresh tokens for the Matterport API, which we encrypt at rest.

2.2 Billing information. If you subscribe to a paid plan, purchase avatar usage credits, or use our Stripe Connect billing feature to charge your own Clients, payment processing is handled entirely by Stripe. We store a Stripe customer/subscription reference and billing metadata (plan, amounts, invoice status) — we do not receive or store your full card number.

2.3 Operator Content. Tours, 3D scans, uploaded media, branding, navigation menus, guided-tour scripts, AI-assistant knowledge-base documents, and similar content you or your team upload to build and configure your tours.

2.4 Your own Clients' contact details. If you use our Clients feature to track the customers you serve, you may enter their name, contact email, billing email, and address. You are the controller of that data; see Section 10.

2.5 Visitor Data — leads. If a Visitor chooses to leave their contact details through a tour's lead-capture form, AI Concierge chat, or Live Avatar conversation, we store their name, email address, optional phone number, a short message describing what they want, the conversation language, and the timestamp at which they confirmed we could store their details ("consentAt"). We only store this after the Visitor gives an affirmative, in-conversation confirmation — we do not silently capture it.

2.6 Visitor Data — AI Concierge (text chat) conversations. If a Visitor uses the text-based AI Concierge, we store the conversation transcript (the messages exchanged) associated with that tour, so the conversation can continue coherently and so the Operator can review AI Concierge activity. We do not require a Visitor account to use it.

2.7 Visitor Data — Live Avatar (voice) conversations. If a Visitor talks to the Live Avatar, their microphone audio is streamed in real time to OpenAI's Realtime API for speech understanding and response generation, and the resulting spoken reply audio is forwarded to HeyGen to animate the avatar video — see Section 5. We do NOT store a recording or transcript of Live Avatar voice conversations on our own servers; our database only retains session metadata (session identifiers, start/end times, duration, and cost), not conversation content. If the Visitor explicitly leaves their contact details during the conversation, that lead is stored as described in Section 2.5.

2.8 Automatically collected information. When you or a Visitor use the Services, we automatically log certain technical information for security, auditing and abuse-prevention purposes: IP address, user-agent string, timestamps, the action taken (for example sign-in, tour creation, invitation sent), and the resource affected. For public tour views, we may also log which sweeps/steps were visited and for how long, in aggregate, to power the Operator's own analytics dashboard.

2.9 Cookies and similar technologies. See Section 6.

2.10 Waitlist and marketing inquiries. If you join our waitlist or contact us through a marketing form, we collect your email address and any information you volunteer (for example your role, website, or expected usage volume), plus standard marketing attribution data (UTM parameters) if you arrived via a tracked link.

We use personal data to provide, secure, and improve the Services. Where a formal legal basis is relevant (for example under the GDPR), the applicable basis is generally one of the following:

• Contract — creating and administering your Operator account, hosting and rendering your tours, processing payments, and providing customer support — necessary to perform our agreement with you.
• Consent — storing a Visitor lead after their affirmative confirmation (Section 2.5); enabling analytics or marketing cookies where a cookie banner is shown (Section 6); sending marketing emails you can opt out of at any time.
• Legitimate interests — security monitoring and abuse prevention (activity logs, rate limiting), maintaining and improving the Services, aggregate usage analytics for Operators, and communicating essential service updates — balanced against your interests and rights.
• Legal obligation — tax and accounting records for billing, and responding to lawful requests from authorities.

4.1 What is sent. When a Visitor uses the AI Concierge or Live Avatar, their message text or voice audio, a short slice of the tour's configured content relevant to the question (step titles, navigation menu, and, for specific questions, matching excerpts from Operator-uploaded knowledge-base documents), and recent conversation history are sent to our AI providers so they can generate a response.

4.2 Who receives it. Text conversations and tool calls are processed by OpenAI. Live Avatar voice audio is streamed directly, in real time, between the Visitor's browser and OpenAI's Realtime API (peer-to-peer style over WebRTC); the resulting reply audio is then forwarded to HeyGen so it can render the talking avatar video. Neither provider is instructed to use this data to train their general-purpose models, but each provider's own retention and processing practices apply to data they receive — see their respective privacy policies.

4.3 What we do not do. We do not use Visitor conversation content to train our own AI models. AI output is generated automatically and may be inaccurate — see the Terms for the corresponding disclaimer.

We rely on the following categories of subprocessors and third-party service providers to operate the Services. This list reflects the providers actually integrated into the platform.

We may add or change subprocessors as the Services evolve; material changes will be reflected in an updated version of this policy (Section 13).

6.1 Essential — always on. A single httpOnly session cookie holds a signed authentication token for logged-in Operators (and, in Studio preview, editors). It is strictly necessary to keep you signed in and cannot be disabled without breaking the ability to log in. We also store your cookie-preference choice itself in your browser's local storage, so we can remember it.

6.2 Analytics and marketing — optional. Google Analytics (usage analytics) and marketing pixels/conversions APIs from Meta, TikTok, Pinterest, X and LinkedIn (Section 5) are only activated with your consent, collected via a cookie-preference banner shown on our marketing and sign-in pages. If our systems detect (from your browser's timezone) that you are likely located in the EU, UK or a similar region, the banner is shown before any analytics or marketing cookie is set, and only your chosen categories are enabled. In other regions, analytics and marketing cookies may be enabled by default unless and until you decline them; you can always block or delete cookies through your browser settings, which will also stop these tools from functioning. Marketing pixels are further restricted to our marketing and sign-in pages — they do not run inside the Creator Studio, the tour viewer, or the dashboard.

6.3 No third-party advertising cookies on tours. The public tour viewer itself does not load Google Analytics or the social-media marketing pixels described above — those only run on our own marketing website.

We keep personal data for as long as needed for the purposes described in this policy, and as follows:

• Operator account data: for the life of your account, and for a reasonable period after closure to allow account recovery and to meet legal/accounting obligations.
• Operator Content and Visitor Data associated with an account: retained while the account is active; after termination, we retain it for a reasonable export period and then delete it (see Terms Section 13.4).
• AI Concierge (text) conversation transcripts: retained for as long as the associated tour and account exist, capped to the most recent messages per session to bound storage.
• Live Avatar voice conversations: not retained as content — only session metadata (Section 2.7) is kept, for billing and support purposes.
• Activity logs (security/audit): retained for a limited rolling window sufficient for security investigation and abuse prevention.
• Billing records: retained as required by tax and accounting law, typically several years after the relevant transaction.

The Services are hosted primarily on infrastructure located in Australia, with some subprocessors (Section 5) located in or operating from the United States and elsewhere. If you access the Services from the EEA, the UK, Switzerland or another region with its own data-protection law, your personal data will be transferred to and processed in Australia, the United States and other countries whose data-protection laws may differ from — and may be less protective than — those of your home jurisdiction. We do not currently maintain a formal EU adequacy decision, Standard Contractual Clauses, or a Data Processing Addendum with every subprocessor; Operators who need a specific transfer mechanism for their own compliance should contact us to discuss what is available before relying on the Services for regulated personal data.

Depending on where you live, you may have rights to access, correct, delete, restrict or object to our processing of your personal data, or to receive a copy of it in a portable format. To exercise any of these rights — whether you are an Operator or a Visitor — email us at legal@tourguide3d.com with enough detail for us to locate your data (for example, the tour name or the email address you provided). We will respond within a reasonable time and may need to verify your identity first. If you are a Visitor and your request relates to a specific tour, we may need to involve that tour's Operator, who is the controller of your Visitor Data (Section 10).

Marketing emails. You can unsubscribe from marketing emails using the link in any such email. Transactional emails (verification, invitations, billing, lead confirmations) are necessary to operate your account and cannot be opted out of while your account is active.

Cookie choices. See Section 6.2. Blocking cookies in your browser will disable non-essential tracking; blocking the essential session cookie will prevent you from staying signed in.

Most Visitors reach us this way. When you view a tour, chat with an AI Concierge, talk to a Live Avatar, or leave your contact details through a tour published by one of our Operators, that Operator decides whether to enable those features, what knowledge-base content and prompts they use, and how leads are followed up — they are the data controller of your Visitor Data, and we process it on their behalf as a service provider, strictly to provide the Services described in this policy (hosting the tour, running the AI features, storing leads for the Operator to see). If you want to know more about how a specific Operator uses your information, or to exercise a privacy right in relation to a specific tour, we recommend contacting that Operator directly; you can also contact us at legal@tourguide3d.com and we will do our best to help or to route your request to the right Operator.

The Services are not directed to, and we do not knowingly collect personal data from, children under 16. If you believe a child has provided us with personal data (for example through a tour's lead form or AI Concierge), contact us at legal@tourguide3d.com and we will take appropriate steps to delete it.

We use reasonable technical and organizational measures to protect personal data, including encrypting sensitive tokens (such as Matterport OAuth credentials) at rest, hashing passwords, restricting access based on role, and enforcing access controls that are re-checked on every request. No system is completely secure, and we cannot guarantee absolute security of information transmitted to or stored on the Services.

We may update this Privacy Policy from time to time. The current version will always be posted on our website with an updated "Last updated" date. If a change is material, we will take reasonable steps to notify Operators (for example by email). Continued use of the Services after a change takes effect constitutes acceptance of the updated policy.

Questions about this Privacy Policy, or requests relating to your personal data, can be sent to legal@tourguide3d.com.