PRIVACY POLICY FOR ARTFLOW.AI
(Effective Date: Sep 25, 2023)
This Privacy Policy (the “Privacy Policy”) applies to all users (hereinafter referred to as “Users” or “you”, as applicable) who download, install, register with, access or use (“Use” or “Using”) our application, (the “Application”) or any of the services on our website, http://app.artflow.ai (the “Website”).
This Privacy Policy governs the collection, use and disclosure of personally identifiable information about Users of the Application/Website which are protected as personal data under the applicable data protection laws (“Personal Data”).
Artflow AI Pte. Ltd. (“Artflow AI”, “we”, “our”, or “us”) issues this Privacy Policy to explain our practices for collecting, using, processing and disclosing the Personal Data of Users of the Application/Website. This Privacy Policy applies to Personal Data which we (or any third party) collect from you via the Application/ Website or on any of the websites which you may access through the Application/Website.
Please read this Privacy Policy carefully.
This Privacy Policy forms part of and must also be read in conjunction with the Terms of Services which can be accessed at here.
The headings in this Privacy Policy are for convenience only and have no legal or contractual effect.
Capitalized terms not otherwise defined in this Privacy Policy have the meanings given to them in the Terms of Services.
You accept and agree to this Privacy Policy on your behalf or on behalf of the person or entity that you represent.
If you do not agree to the terms in this Privacy Policy, or if you do not want us to collect, use or disclose your Personal Data as described herein, please do not use the Application/Website.
If you have any questions about this Privacy Policy, please contact us via an email at legal@artflow.ai.
- CHANGES TO THE PRIVACY POLICY
We reserve the right to update or modify this Privacy Policy at any time in our sole discretion. It is your responsibility to regularly visit and review the Privacy Policy. If you do not agree to any updates or modifications to the Privacy Policy, please do not Use or access the Application/Website (of any part thereof). Your continued Use of the Application/Website and submission of Personal Data and other information in connection with your Use of the Application/Website shall be deemed as your acknowledgement and acceptance of the revised Privacy Policy.
- PERSONAL DATA WE COLLECT AND HOW WE COLLECT IT
- We may collect Personal Data:
- Directly from you when you provide it to us via the Application/Website.
- Automatically when you Use the Application/Website. Information collected automatically may include Usage details and internet protocol (“IP”) addresses.
- From third parties, for example, our service providers, partners and vendors.
- If you provide the Personal Data of another individual to us, you represent and warrant that:
- you have obtained the consent of such individual to provide us with such individual’s Personal Data for the relevant purposes and are otherwise permitted to do so under applicable law, without us taking any further steps required by the applicable data protection laws;
- we may collect, use and disclose such information for the purposes described in this Privacy Policy;
- the individual concerned is aware of the terms set out in this Privacy Policy; and
- all personal data provided by you to us are complete, accurate, true and correct.
- PERSONAL DATA YOU PROVIDE TO US DIRECTLY
- You may provide Personal Data to us directly, and/or to service providers that act on our behalf, when you Use the Application/Website. The Personal Data you provide depends on which features of the Application/Website you Use and how you interact with the/Website.
- The Personal Data which you may provide to us directly include the following:
- Photos, audios and/or videos which you may submit or upload to the Application/Website. If you grant us permission to access your camera or your device’s photo library, we will process the photos, audios and videos you select to upload to the Application/Website to provide the relevant features of the Application/Website which you choose to Use.
- Your account information, including your email address.
- Records and copies of your correspondence with us and contact details that you have provided to us while making inquiries, such as your name, postal addresses, email addresses and phone numbers or any other identifier by which you may be contacted.
- HOW WE PROCESS, SHARE AND RETAIN YOUR PHOTOS, AUDIOS, VIDEOS AND UPLOADED DATA
- We process your photos, audios and videos to provide you with the features of the Application/ Website that you choose to Use. In doing so, when you upload photos, audios and/or videos to the Application/Website, we process your photos, audios and videos using technology that identifies data in the photos, audios and videos and provides us with information, such as information about your facial position, orientation and topology, as well as other elements of your photo (collectively, “Uploaded Data”).
- In uploading or submitting your photos, audios and/or videos to the Application/Website, you agree to allow us to (a) use your Uploaded Data (and/or the Uploaded Data of others from whom the requisite consent has been obtained) to train the AI model of the Application/Website to produce images of the same uploaded person doing different activities with different styles (the “Model”) from our Actor Builder service, and (b) subject to Clause 4.3 below, to use the Uploaded Data for the purpose of improving the Website, and for promotional and research purposes.
- For our Actor Builder service, once the Model is successfully trained, we will delete and cease to retain your Uploaded Data and any photos and/or videos which you submit or upload to the Application/Website in our servers. The Model will be deleted when you delete the Model from the interface of the Application/Website or when you delete your User account in the Application/Website.
- PERSONAL DATA WE COLLECT AUTOMATICALLY
When you Use the Website/Application, we (and/or third parties we permit to do so) may automatically collect certain information, including Personal Data, from you (subject to your consent as required under the applicable laws and regulations). The information collected from you automatically when you Use the Website/Application may include:
- Device information, including information about your mobile device (if applicable) and internet connection, including your IP address, the device’s unique device identifier, operating system and version, mobile network information, device type and device language.
- Uploaded Data.
- Usage details, including details of your Use of the Website/Application, including frequency of Use, areas and features of the Website/Application that you access and information regarding engagement with particular features of the Website/Application.
- Details about your purchased plan.
- PURPOSES OF PROCESSING YOUR PERSONAL DATA
We may use your Personal Data for a variety of purposes, depending on the category of Personal Data and the way you Use and interact with the Application/Website, including the following:
- To deliver to you the Application/Website and its contents and any other information, products or services that you request from us on the Application/Website, including to provide various features and functions of the Application/Website. We do so to provide you with the Application/Website subject to your consent and in accordance with our contractual obligations.
- To carry out our obligations and enforce our rights arising from any contracts entered into between you and us in relation to the Application/Website (e.g., the Terms of Services). This is for the performance of our contract(s) with you and for our legitimate interests in performing and enforcing our contract(s) with you.
- To customize our product and service offerings to you, for example, offering pricing personalization and discounts and to provide you with information about specific features of the Application/Website and/or additional products, services or features which we believe may be of interest to you. In doing so, we make automated decisions using device type and device language data. Where required by the applicable laws, we rely on your consent to offer such personalization and/or offer you the opportunity to opt out.
- To provide you with customer and technical support, investigate your concerns, respond to your inquiries and to monitor and improve our responses to your and other Users’ inquiries in relation to the Application/Website.
- To communicate with you, such as to notify you about changes to the Application/Website or any products or services that we offer or provide through the Application/Website, including by sending you technical notices, notices about your account or subscription, including expiration and renewal notices, updates, security alerts and support and administrative messages, which we may send through the Website, the Application or via email.
- To conduct research, analytics and monitor performance and other metrics regarding the Application/Website and your Use of the Application/Website. This may include data regarding the total number of Users of our Application/Website, traffic, and demographic patterns relating to the Use of the Application/Website. Where Personal Data is collected through the technologies described in Clause 8 (Cookies, Software Development Kits and Other Tracking Technologies) and where required by law, we will obtain the requisite consent from you. Otherwise, it is our legitimate interest to conduct analytics as it helps us understand our business metrics and improve the Application/Website.
- To improve, test and monitor the effectiveness of the Application/Website and to conduct analyses to understand our product and business metrics.
- To provide personalized content and information to you in relation to the Application/ Website so that we, and third parties on which we rely, can engage in various forms of advertising. Where required by law, we rely on your consent to engage in such activities and/or offer you the opportunity to opt out.
- To send marketing and promotional communications and recommendations to you, such as via email or in-app notifications either with your consent or as otherwise permitted by the applicable laws.
- In any other way as we may describe when you provide the information or otherwise at your direction or with your consent.
- To train the Model in accordance with Clause 4.2 above.
- As permitted or required by the applicable laws, including for auditing, fraud and security monitoring purposes and to detect and prevent illegal activity.
- TO WHOM WE DISCLOSE PERSONAL DATA
- We may disclose your Personal Data to or share your Personal Data with:
- Businesses that are legally part of the same group of companies as Artflow AI, including our subsidiaries (“Affiliates”). Our Affiliates may act as our data processors and may perform data processing on our behalf (e.g. providing technical support or conducting analytics).
- Third party organizations such as contractors, business partners, service providers and vendors that we use to support our business and who assist us in providing the Application/Website.
- Third party analytics providers and advertising partners.
- We may disclose your Personal Data in the event that we or any of our Affiliates, subsidiaries or lines of business is merged, acquired, divested, financed, sold, disposed of or dissolved, including in the course of a merger, divestiture, restructuring, reorganization, acquisition, bankruptcy, dissolution or liquidation. In such cases, your Personal Data and any other collected information may be among the items sold, transferred, or otherwise disclosed as part of the relevant transaction or proceeding.
- We may disclose your Personal Data in response to legal requests and for purposes of preventing harm. We may access, preserve and share your information in response to a legal (such as a search warrant, court order or subpoena), government or regulatory request if we have a good faith belief that the applicable law requires us to do so. This may include responding to legal, government or regulatory requests from jurisdictions where we have a good faith belief that the response is required by applicable laws in that jurisdiction, affects Users in that jurisdiction, and is consistent with internationally recognized standards.
- We may also disclose your Personal Data when we believe in good faith that such disclosure is necessary to:
- Detect, prevent and address fraud and other illegal activity.
- Protect ourselves, you and others, including in the course of investigations.
- Prevent death or imminent bodily harm.
- COOKIES, SOFTWARE DEVELOPMENT KITS AND OTHER TRACKING TECHNOLOGIES
- When you Use the Application/Website, we and our service providers, vendors and partners, including third parties, may use cookies (a small text file placed on your computer or mobile device to identify your computer and web browser) and other similar technologies to collect or receive certain information about you and/or your Use of the Application/Website. We also use third-party analytics tools to help us measure traffic and usage trends for the Application/Website and for other purposes. Such analytics tools collect information via third-party software development kits (“SDKs”) incorporated into the Application/Website, which includes information about features of the Application/Website you visit or Use, your actions in the Website/Application and information about your purchased plan. Such information may be used to provide content, advertising or certain functions of the Website/Application, or to measure and analyse performance on the Website/ Application or on other website or platforms. Third parties may also use such information for their own purposes. For the avoidance of doubt, we do not use Uploaded Data for advertising purposes.
- Most browsers and devices are configured to accept cookies and similar tracking technologies automatically. You may be able to set your browser and device options so as to limit such technologies.
- If you reject cookies or similar tracking technologies, you may still Use the Application/Website, but your ability to Use some features of the Application/Website may be limited.
- PAYMENT PROCESSING
We do not directly collect or store your payment information. We may use third-party, PCI-compliant payment processors, which collect payment information on our behalf in order to complete transactions. Our administrators are only able to view limited transaction information via our payment processors’ portals.
- CHILDREN
General age limitation. The Application/Website is not intended for or directed at children under thirteen (13) years old, and we do not knowingly collect or solicit any information from anyone under thirteen (13) years old or knowingly allow such persons to Use the Application/Website. If you are under thirteen (13) years old, do not: (i) Use or provide any information in the Application/Website or through any of its features, or (ii) provide any information about yourself to us, including your name, address, telephone number or email address. If you are a parent or guardian and believe we have collected information from your child who is under thirteen (13) years old, please contact us at legal@artflow.ai.
Age limitation for Users residing in the EU and UK: You must be at least eighteen (18) years old in order to Use the Application/Website. We do not allow Use of the Application/Website by individuals younger than eighteen (18) years old who are residing in the EU or the UK. If you are aware of anyone younger than eighteen (18) years old Using the Application/Website, please contact usatlegal@artflow.ai, and we will take the required steps to delete the information provided by such persons.
- SENSITIVE DATA
We do not require you to provide any sensitive data about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic, and biometric data to use the Application/Website.
- SOCIAL PLUGINS
We may use social plugins in our Application/Website and may include icons that allow you to interact with third-party social networks such as Google. For example, you may be able to sign up and login using your Google credentials and we will receive your Google username. The third-party social plugin may set a cookie when your browser creates a connection to the servers of such social networks and the plugin may transmit your data to the social networks. Your use of these social plugins is subject to the privacy policies of the third-party social networks.
- YOUR RIGHTS IN RELATION TO YOUR PERSONAL DATA
- Access, modification, correction and erasure: You can send us an email atlegal@artflow.ai to request access to, modification, correction, update, erasure and/or portability of any Personal Data that you have provided to us and that we have about you. You can also request for deletion of your account in the Application/Website. We may not accommodate a request to access, modify, correct, update, erase and/or change any Personal Data if we believe the change will violate any law or legal requirement, violate the rights of persons other than you, and/or cause the information to be incorrect, in which event we will provide you with an explanation of our determination and respond to any inquiries you may have.
- EEA/UK Individuals: Users in the EEA and the UK shall additionally be entitled to certain statutory rights (the “GDPR Rights”) in relation to their Personal Data under theGeneral Data Protection Regulation (Regulation (EU) 2016/679) (“EEA GDPR”) and the UK version of the EEA GDPR (“UK GDPR”) (collectively, the “GDPR”), as specified below. You may contact us to exercise any of the GDPR Rights (the “Request”). We will endeavour to accommodate your Requests. However, you may wish to note that not all of the GDPR Rights are absolute, and for some GDPR Rights, certain criteria must be fulfilled for the right to be exercised or certain exceptions might be applicable.
- Access to your Personal Data: You have a right to request for information on whether we have any Personal Data about you, and to receive a copy of such Personal Data.
- Rectification of your Personal Data: You are responsible for ensuring the accuracy of your Personal Data that you provide to us. Inaccurate information may affect your experience when Using the Application/Website and our ability to contact you. If you believe that your Personal Data is incomplete or inaccurate, you have a right to contact us and ask us to correct such Personal Data.
- Restriction of processing: You have a right to demand restriction of processing of your Personal Data, for example, if you contest the accuracy of the Personal Data which inaccuracy is verified by us.
- Erasure of your Personal Data: In certain circumstances, you may ask us to erase your Personal Data. In such event, the erasure of some Personal Data may affect your ability to Use the Application/Website.
- Right to portability of your Personal Data: In certain circumstances, you have a right to request us to provide any Personal Data which you have previously provided us with in a structured, commonly used and machine-readable format. You may further ask us to provide your Personal Data to another party.
- Right to object to processing or use of your Personal Data: Where we are processing your Personal Data based on our legitimate interest, you may object to such processing or use of your Personal Data. Our inability to process or otherwise use some of your Personal Data may affect your ability to Use the Application/Website. If you have opted in to receive marketing communications, you have the right to opt out at any time.
- Right to withdraw your consent at any time: Where you have provided your consent to the processing of your Personal Data for a specific purpose, you have the right to withdraw such consent at any time. The withdrawal of your consent shall not affect the lawfulness of the processing of your Personal Data based on your consent before its withdrawal.
- Right to lodge a complaint with a supervisory authority: Subject to the GDPR, you have the right to lodge a complaint with a local data protection authority in the country of your residence, where you work or where an alleged infringement of the applicable data protection law took place. Please see a list of EU member states’ supervisory authorities here, and the UK’s supervisory authority (ICO) here.
- In the event that a vague Request is made to exercise any of the GDPR Rights in accordance with Clause 13.2 above, we may contact you to request for further details (if required) to complete your Request. If we assess that it is not possible to complete or fulfill your Request, we reserve the right to refuse your Request. To ensure that no rights of third parties are violated by your Request, and the GDPR Rights are exercised by an actual Personal Data subject or an authorized person, we may also ask you to prove your identity (e.g. by requesting your username or some other proof of your identity) in order for you to invoke the GDPR Rights in accordance with the applicable laws.
- We will endeavor to process your Request within one (1) month after receiving it. We may extend this period by up to two (2) months if necessary, taking into account the complexity and number of the requests. We will inform you of such an extension within one (1) month from the date of your Request. We will not discriminate against you for exercising your rights under the law
- YOUR CHOICES ABOUT OUR COMMUNICATIONS WITH YOU
- By Using the Application/Website, you agree to receive electronic communications from us, including via email, push notifications and by posting notices on your account. The communications between you and us may take place via electronic means, such as when you Use the Application/Website or send us emails, or when we post notices on the Application/Website or communicate with you via email. These communications may include notices about the Application/ Website and your account. For contractual purposes, you hereby consent to receive communications from us in an electronic form, and agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights. Communications from us may include but are not limited to operational communications concerning your account or the Use of the Application/Website (e.g., technical and security notices, updates to the Privacy Policy and Terms of Services), and updates concerning new and existing features (e.g., changes/updates to features of the Application/Website etc.).
- Where required by law, we will seek your consent to send you promotional and marketing emails and in-Application notifications about new products, features or offers in connection with the Website/Application.
- You may opt out of receiving promotional emails from us at any time through any of the following methods:
- by following the opt-out links in any promotional email sent to you.
- through the settings on your account.
- by contacting us at any time at legal@artflow.ai.
- DATA SECURITY
- We use reasonable and appropriate information security safeguards to keep your Personal Data secure and to protect your Personal Data from accidental loss and unauthorized access, use, alteration and disclosure. As the transmission of information via the Internet is not completely secure, we are unable to guarantee the security of the collected Personal Data and other information transmitted to or through the Application/Website, and are also unable to guarantee that such Personal Data and other information may not be accessed, disclosed, altered or destroyed. Any transmission of your Personal Data is at your own risk and we do not assume any responsibility for the circumvention of the security measures contained in the Application/Website.
- We also do not assume any responsibility for how you choose to share the photos, videos or other Personal Data or information processed in the Application/Website which have been uploaded by you, nor for the functionality, privacy or security measures of any other organization.
- DATA RETENTION
- We will retain your Personal Data (including the photos and/or videos which you may submit or upload to the Application/Website) until you delete your User account in the Application/Website.
- Notwithstanding Clause 16.1 above, we may retain your Personal Data for such period as is necessary to comply with our legal obligations under the applicable laws, to resolve disputes, or to enforce our contractual obligations. Even if we delete some or all of your Personal Data, we may continue to retain and use anonymized data previously collected that can no longer be used for personal identification.
- CROSS-BORDER DATA TRANSFERS
- We process and store information on servers located in the USA. Accordingly, your Personal Data may be transferred to and stored in the USA. Where required under the EEA GDPR, in case of transfers of Personal Data from the EEA to countries outside the EEA, where we cannot rely on adequacy decisions adopted by the European Commission (please see here for more information) we ensure appropriate safeguards are in place to guarantee the continued protection of your Personal Data, particularly by signing the Standard Contractual Clauses of the European Commission (Article 46(2)(c) GDPR). Please see here for more information on these Standard Contractual Clauses.
- Where required under the UK GDPR, in case of transfers of Personal Data to countries outside the United Kingdom, we make reasonable efforts to ensure that appropriate safeguards are put in place to guarantee the continued protection of your Personal Data, particularly by signing the UK Addendum to the EU Standard Contractual Clauses or the UK International Data Transfer Agreement, whichever is more appropriate in the given situation. Please see here for more information on UK Addendum and the UK International Data Transfer Agreement.We may also guarantee the protection of your personal data by relying on adequacy decisions adopted or approved by the authorities in the United Kingdom.