Face A.I. Privacy Policy

Updated : 19.03.2024

This Privacy Notice is designed to help you understand how Wellborn Creative Ltd. Face A.I. (“Face A.I.”, “we”, “us,” and “our”) collects, uses, and shares your personal information and to help you understand and exercise your privacy rights.

We are committed to protecting and respecting your privacy and will use your personal information only after obtaining your consent to the collection and processing of your personal data on the terms specified below and in strict accordance with the General Data Protection Regulation (the “GDPR”), the California Consumer Privacy Act of 2018 (the “CCPA”), California Privacy Rights Act (the “CPRA”) and other applicable laws, regulations and guidelines.

Content:

1. Scope of Our Privacy Policy

2. Updates to Our Privacy Notice

3. Types of Personal Data We Gather

   3.1. Data You Share With Us Directly

   3.2. Data We Obtain Automatically

   3.3. Data Acquired from Third Parties

4. Purposes for Processing Your Data

   4.1. Delivering Our Services

   4.2. Administrative Functions

   4.3. Promotion and Advertising of Our Offerings

   4.4. Additional Uses

5. Sharing of Your Personal Information

   5.1. Sharing for Service Provision

   5.2. Sharing for Legal Protection and Safety

   5.3. Sharing During Business Transfers

6. Your Options and Rights Regarding Privacy

   6.1. Available Privacy Choices

   6.2. Your Rights Concerning Privacy

7. Protecting Your Data

8. Transferring Data Internationally

9. Keeping Your Personal Data

10. Specific Information for California Residents

11. Specific Information for Nevada Residents

12. Specific Information for Virginia Residents

13. Information for Children

14. External Sites and Applications

15. Regulatory Authorities

16. How to Contact Us

1. Scope of Our Privacy Policy

This Privacy Notice governs the processing of personal information by our Face A.I. mobile application (“App”). For simplicity, the App and all related services are collectively referred to as “Services.”

2. Updates to Our Privacy Notice

We reserve the right to modify this Privacy Notice at our discretion. Should there be any significant changes, we will inform you as mandated by law. By continuing to use the Services after an update, you are accepting the revised Privacy Notice. We advise you to review this notice periodically for any changes.

3. Types of Personal Data We Gather

The personal information we collect varies based on your interaction with us, our Services, and the requirements of applicable law. This includes information you provide directly, information we collect automatically through your use of our Services, and information we obtain from third parties and other sources as outlined below.

3.1. Data You Share With Us Directly

The personal information you provide can include:

(a) Multimedia Files. We collect photos, pictures, GIFs, and videos you upload from your device when using our App. Access to your device's camera roll is necessary to upload content.

(b) Generated Content. We collect and store the content created within the App, such as avatars, according to Section 9 (“Retention Of Personal Information”).

(c) Biometric Data. With your explicit consent, we may collect biometric data, including photos and videos, facial geometry, race data, and voice recordings, including voice prints. You can withdraw consent by selecting “Delete My Personal Data” in the App or by reaching out to us as detailed in Section 16 (“Contact Us”).

(d) Interactive Features. Personal information shared via our interactive features by you or others using our Services may be collected. Information shared in public sections of these features is deemed public, unless otherwise specified by law, and does not fall under the protections mentioned in this notice.

(e) Purchase Information. We collect information related to your purchases, including payment details. Verification of identity may be required for transactions. Payment processing is conducted by third-party services; we do not collect or store payment card information directly but may receive associated billing details.

(f) Communications with Us. We collect information such as your email address and Account ID when you inquire about our Services, seek customer or technical support, or communicate with us in other ways.

(g) Surveys. Should you participate in our surveys, you may be asked to provide certain information, which could include personal information.

3.2. Data We Obtain Automatically

When using our Services, certain personal information is collected automatically:

(h) Data Collected Automatically. Information such as your Internet Protocol (IP) address, user preferences, Media Access Control (MAC) address, cookie identifiers, mobile network, mobile device advertising identifiers, browser or device specifics, location details (including location approximated from your IP address), your Internet service provider, and content metadata may be collected automatically. This metadata can reveal the location where a photo or video was captured. We also gather data on your interaction with our Services, like the pages you visit before, during, and after using our Services, the links you click on, the type of content you engage with, the frequency and duration of your interactions, your app usage history, and other usage details. Additionally, we may collect information about you provided by others using our Services, such as when you are tagged by someone.

(i) Analytics Tools. We use third-party analytics tools to analyze the automatically collected data, including services provided by Amplitude. For details on how your data is handled during these analyses, please consult Amplitude’s Privacy Notice. The analytics data we process is aggregated and anonymized, ensuring it cannot be used to re-identify any individual. Our commitment to our users' privacy and confidentiality extends to all aspects of our data analytics processes.

3.3. Data Acquired from Third Parties

We may receive information about you from external sources, including third-party services and organizations. For instance, if you access our Services through an external platform, such as an app store, third-party login service, or social networking site, we might collect information about you that you've agreed to share through your privacy settings on those third-party applications or platforms.

4. Purposes for Processing Your Data

We deploy your data across a range of business activities, including the provision of our Services, for administrative objectives, and for marketing our offerings, as detailed below.

4.1. Delivering Our Services

Your information is utilized to honor our agreement with you and deliver our Services, such as:

(a) Offering features like face swapping, face restoring, avatar creation, and other similar functionalities;

(b) Handling your data, subscription models, and accounts;

(c) Enabling access to specific areas, functionalities, and features within our Services;

(d) Responding to requests for customer or technical assistance;

(e) Communicating with you regarding your account, activities within our Services, terms of service, privacy notices, and other policy updates; and

(f) Processing financial transactions and different payment methods for purchased Services.

4.2. Administrative Functions

We employ your data for a range of administrative tasks, including:

(a) Advancing our legitimate interests, such as direct marketing, research and development (including market research), network and information security, and fraud prevention;

(b) Identifying and acting upon security incidents, safeguarding against harmful, deceptive, fraudulent, or unlawful activities, and prosecuting those accountable for such actions;

(c) Gauging interest and participation in our Services;

(d) Short-term, non-permanent applications, like ad customization based on context;

(e) Enhancing, upgrading, or adding to our Services;

(f) Innovating new products and services;

(g) Guaranteeing internal quality control and safety measures;

(h) Authenticating and verifying identities;

(i) Troubleshooting to identify and rectify errors within our Services;

(j) Conducting audits related to interactions, transactions, and other compliance actions;

(k) Enforcing our agreements and policies; and

(l) Adhering to our legal responsibilities.

4.3. Promotion and Advertising of Our Offerings

We may leverage personal data to customize and deliver promotional and advertising content to you, in accordance with applicable laws.

Marketing methods may include email campaigns, targeted advertising to create custom audiences, and “interest-based” or “personalized advertising,” potentially via cross-device tracking.

For inquiries about our marketing strategies or to opt out of having your personal data used for marketing purposes, you can contact us anytime as outlined in Section 16 (“Contact Us”).

4.4. Additional Uses

We may also use your information for reasons you request or as allowed by law, including:

(a) Consent: Utilizing personal information for purposes clearly communicated to you when you provide your data or with your consent.

(b) De-identified and Aggregated Data: Creating de-identified and/or aggregated data, such as demographic insights, anonymized location data, device usage information, or other analyses.

(c) Sharing with Friends or Colleagues: Our Services may include tools that let you share content with others, such as through our referral programs, allowing you to send content or service invitations to friends or colleagues.

5. Sharing of Your Personal Information

We share your information with third parties for various business and legal reasons, such as to offer our Services, ensure protection for us and others, or during significant business dealings like mergers, acquisitions, or asset sales, as detailed below.

5.1.  Sharing for Service Provision

We may share your information with the following categories of third parties:

(a) External Third Parties. While utilizing our Services, you might opt to disclose personal information or content with third parties through the App's features.

(b) Service Providers. Your personal information can be shared with third-party service providers who assist us in offering our Services, including those providing IT and hosting support, payment processing, customer service, and other related services.

(c) Business Allies. We might share your personal data with partners to fulfill a requested product or service. Additionally, we may share your information with partners with whom we collaboratively offer products or services.

(d) Corporate Family. Your personal information may be shared within our group of subsidiaries and affiliates.

(e) Advertisers. Except for biometric data, we may share your personal information with third-party advertisers. These partners may use tracking technologies on our Services to gather data about your activities and your device (like your IP address, cookies, visited pages, and location) for the purpose of delivering targeted advertisements to you on various digital platforms, a practice often referred to as “interest-based advertising” or “personalized advertising.”

(f) APIs/SDKs. To enhance our Services, we may employ third-party APIs and SDKs. For further details on our use of these technologies, please reach out as mentioned in Section 16 (“Contact Us”).

5.2. Sharing for Legal Protection and Safety

We may access, preserve, and disclose any stored information about you to third parties if we believe in good faith that such action is necessary to comply with legal processes or requests, protect the rights, property, or safety of ourselves or others, enforce our policies or contracts, collect debts, or support investigations or prosecutions of potential or actual illegal activities.

5.3. Sharing During Business Transfers

In the event of a merger, acquisition, due diligence, reorganization, bankruptcy, receivership, asset sale, or transition to a new service provider, your information may be part of the assets transferred, as allowed by law and/or contract.

5.4. Data Management and Security with Third-Party Service Providers

The personal data collected under our Privacy Policy, including face data, is stored on servers provided by third-party service providers. However, these third-party service providers solely offer server hosting services on our behalf and do not have direct control or access rights to the stored data. The management and protection of these data remain under the full responsibility of our company. Agreements with third-party service providers ensure that all necessary measures are taken to secure and protect the privacy of the data.

6.Your Options and Rights Regarding Privacy

6.1. Available Privacy Choices

Your privacy preferences regarding your personal information are determined by applicable laws and include:

(a) Device Settings. You may receive push notifications through our App, which you can opt out of by modifying your device settings. With consent, we may collect precise location data, which you can opt out of via your device settings.

(b) “Do Not Track” Signals. We do not acknowledge or respond to browser-initiated DNT signals or similar mechanisms.

(c) Cookies and Ad Choices. You can control or block tracking tools or remove them based on your browser/device settings. Adjustments may affect our Services' functionality. On mobile applications, you can opt out of personalized ads following specific instructions for Android, iOS, and other platforms. To opt out from targeted ads by certain partners, visit industry websites like the Network Advertising Initiative or the Digital Advertising Alliance. Opt-outs must be done separately for each browser and device.

6.2. Your Rights Concerning Privacy

Depending on the law, you may have rights such as:

(a) Accessing your personal data, including confirmation of its processing, access, or portability;

(b) Correcting inaccuracies or incomplete data;

(c) Deleting your personal data;

(d) Transferring your data to you or a third party;

(e) Restricting or objecting to data processing;

(f) Revoking consent for data processing.

For exercising these rights, please contact us as indicated in Section 16 (“Contact us”). We will handle these requests according to applicable regulations.

7. Protecting Your Data

We implement measures to ensure the security of your information in line with this Privacy Notice. However, it's important to recognize that no system is entirely secure, and we cannot guarantee the absolute security of any information you provide. We are not liable for unauthorized access to or disclosure of your information, to the maximum extent allowed by law.

When you use our Services or share personal information with us, you consent to receiving electronic communications from us concerning security, privacy, and administrative issues related to your use of our Services. In the event of a breach in our security systems, we may inform you electronically, such as by posting a notice on our Services, through mail, or by email.

8. Transferring Data Internationally

The information we collect may be transferred, processed, and stored in any part of the world, including the United States or other countries with different data protection laws than those of your country of residence. We take steps to protect your information in compliance with applicable laws.

For individuals within the European Union (EU), we ensure that data transfers to countries outside the EU are protected by standard contractual clauses approved by the European Commission or other mechanisms in line with EU data protection laws, potentially including your consent. By utilizing our Services, you consent to the transfer and processing of your data as outlined in this Privacy Notice.

We guarantee that any sharing of your information with third parties is conducted under the strict conditions of this Privacy Notice. This includes employing certified services and products, executing data protection and confidentiality agreements with contractors, and applying technical safeguards to protect your information during storage, usage, and transfer.

Please be aware that Face A.I. may disclose your personal information as necessary to comply with the law, such as in response to a request from law enforcement or other official bodies within their jurisdiction.

9. Keeping Your Personal Data

We retain the personal information collected under this Privacy Notice for as long as necessary to fulfill the purposes for which it was collected, offer our Services, settle disputes, establish legal defenses, perform audits, pursue valid business interests, enforce our agreements, and comply with relevant laws.

We do not store any personal data, including face data, on any cloud environments or servers owned by our company. Instead, we send this face data anonymously to third-party services that we utilize for providing our services. Once the processing is completed, the sent face images are immediately destroyed. The content generated for the user is held under our protection within these servers for up to 48 hours. After this period, the files are also deleted.

10. Specific Information for California Residents

This section is exclusively for California residents, in line with the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA). These laws grant California residents the right to be informed about the categories of personal information collected and whether such information was disclosed for business purposes (like to service providers) in the last twelve months. For details specific to California residents, please refer below.

Additional Privacy Rights for California Residents

- “Sales” of Personal Information: In alignment with the CCPA and CPRA, Face A.I. does not engage in the “sale” of personal information and is not aware of any “sale” of personal data of minors under 16.

- Non-Discrimination: California residents are entitled to not face discrimination for exercising their rights under the CCPA and CPRA.

- Authorized Agents: Only you or a legally authorized individual on your behalf can make requests related to your personal information. For appointing an authorized agent, contact us as described below.

- Verification Process: Requests will prompt verification steps to ensure the requester is the subject of the requested personal information or their authorized representative.

- Sensitive Personal Information: Requests can be made to limit the use and disclosure of sensitive personal information to the minimum necessary for providing requested services.

California residents wishing to exercise their CCPA rights can contact us as specified below.

11. Specific Information for Nevada Residents

Nevada residents have the right to opt-out of the sale of certain personal information. Though we do not sell personal information as defined by Nevada law, residents can submit a request by contacting us with the specified subject line.

12. Specific Information for Virginia Residents

Virginia residents, under the Virginia Consumer Data Protection Act, have rights to access, correct, obtain copies of their personal data, and opt-out of processing their personal data for targeted advertising, the sale of personal data, or profiling in significant decision-making. We currently do not engage in the sale of personal information as defined by Virginia law.

13. Information for Children

Our Services are not intended for children under 13 years of age (or the applicable age threshold in certain jurisdictions), and we do not knowingly collect personal data from children. If you discover that your child has provided us with personal information without your consent, please contact us using the information provided in Section 16. Should we become aware that we have inadvertently collected personal data from a child in violation of applicable laws, we will take immediate actions to remove that data from our records.

14.  External Sites and Applications

Our Services might include links to third-party websites or applications, and similarly, third-party websites or applications may link to our Services. We do not have control over the privacy practices of these external services. We advise users to familiarize themselves with the privacy policies of any third-party websites or applications they engage with. We do not endorse or take responsibility for the privacy practices or content of such external platforms. Sharing personal data with any third-party websites or applications is done at your own discretion and risk.

15. Regulatory Authorities

For individuals in the European Economic Area (EEA), Switzerland, or the United Kingdom, you possess the right to submit a complaint to a supervisory authority if you believe our processing of your personal data infringes upon applicable law. A comprehensive list of data protection authorities in EU member states can be found here: https://digital-strategy.ec.europa.eu/en/library/list-personal-data-protection-competent-authorities.

16. How to Contact Us

Wellborn Creative Ltd.,, operating under the trade name Face A.I., is responsible for the management of your personal data. Should you have queries regarding our privacy practices, this Privacy Notice, or if you wish to exercise your rights as outlined herein, please reach out to us at:

Wellborn Creative Ltd. / Face A.I.

8 Clock House Parade, North Circular Road, London, England, N13 6BG

Email: legal@wellborncreative.com

We are committed to addressing any concerns or questions you may have regarding your privacy and our data handling practices.