PRIVACY POLICY

Last Update: June 07, 2023

This Privacy Policy explains how we and affiliated companies (collectively, "we", "us", "our") collect, use, secure, or otherwise process the personal data of users (“user”, “you” or “your”) when you use Portray AI (“App”).

General info

Portray AI is a mobile app which allows users to make personalized AI-generated images (“Avatars”) basing on photos of the user (“Photos”).

For generation Portray AI uses Neural Network Model Stable Diffusion. Stable Diffusion is retrained based on user’s 10 or more photo to create a personalized Stable Diffusion Model for specific user (“Personalized SD Model”). Personalized SD model that is able to generate Avatars basing on prepared text-to-image description (“Templates”).

PLEASE READ THIS PRIVACY POLICY CAREFULLY TO UNDERSTAND OUR POLICIES AND PRACTICES REGARDING YOUR PERSONAL DATA (AS DEFINED BELOW). IF YOU DO NOT WANT US TO PROCESS YOUR PERSONAL DATA PLEASE DO NOT USE Portray AI.

This Privacy Policy is applied to Portray AI only and does not apply to other our websites, apps, products and services.

1. What data we collect

(a) Data you submit to us

  • Photos you submit to us. We can access your photos and videos only after you grant us permission to access your camera or your device’s photo library. You provide such permission through the request that appears on your mobile device (it may differ depending on your device's operating system). You may revoke permission to access your camera or photo library through the settings on your mobile device. We collect only those photos that you directly uploaded to the app.
  • Information about your gender. Before creating Personalized SD Model we ask your gender and collect this data to generate Avatars in accordance with indicated gender.
  • Other data you choose to give us. We may also collect other information you submit to us when using our Services. For example, we collect your information when you contact us through the contact feature embedded in our Services or when you send us an email directly.

(b) Data we collect automatically

  • Device information. When you use our app, we automatically collect information about your device, such as device identifiers (device ID, advertising ID, MAC address, IMEI), the type of device you use, operating system, resolution, application version (for apps), language, time zone, and IP address.
  • General location data. We may collect general location data such as country, region, city, region information of your mobile device, and a region associated with your SIM card.
  • Usage Information. We collect data about your use of the app, for example, the date and time you used a service, features you have used and how you have used them, purchases history, subscriptions, and advertising that you click on, and data generated when you use our apps.
  • Other information. Sometimes we may collect upon your permission other information. For example, we may ask for access to your camera and photo gallery in case you want to use certain features of our Services. If you decline permission for us, we will not collect such information.

(c) Data we collect from our partners

  • Information from our analytic service providers. We may receive information about you from our analytic service providers with data they collect through our app in accordance with their own privacy policies.
  • Information from our advertising partners. From time to time, we may also receive personal information about you from other third-party sources. For example, if you clicked on an advertisement to direct you to the App, we may receive information from which ad network and advertising campaign the installation or the opening of the website originated.

2. Why we collect your data

(a) To provide our service

We process your photo and gender to train Personalized SD Model and generate Avatars based on the Templates. Our legal basis is a performance of a contract with you that you entered into with us when you download our apps and request specific services.

(b) To improve and monitor our Services

We may use your Personalized SD Models and Avatars to check the quality of our services and make improvements to our services (e.g. Templates) with the following limitation:

  • The usage for this purpose is limited to improvement of our current and new products.
  • We never use Personalized SD Models and Avatars if you requested their deletion. We never transfer your Avatars and Personalized SD Models to other third parties.

We may process other data you provide to improve our Services. For example, we use Usage Data to identify the most popular Templates and functions of our app, better understand user behavior and trends, customize the user experience, etc.

Our legal basis is legitimate interests to run our business and make the high-quality app as well as your consent in specific cases.

(d) To keep the Services safe

We process data for safety purposes. Our legal basis for such processing is legitimate interests in protecting our business and Services.

For this purpose, we process your data, in particular, to:

  • Prevent, detect, and investigate fraud, security breaches, potentially prohibited or illegal activities,
  • Protect our trademarks and other intellectual property rights;
  • Enforce our Terms of Use.
  • Take action against fraudulent or misbehaving users.

In particular, to ensure safe environment in our App we may review your photo that you upload to our app within a limited period (see section 5) to ensure that they do not violate our terms of use.

(e) To determine the effectiveness of marketing and promotional campaign

We may process aggregate metrics (installs, purchases, sources, etc.) to determine the effectiveness of our marketing and promotional campaign. Our legal basis is legitimate interests to run our business and promote our app for new users.

(f) To provide support to our users

If you contact our support team we use the data you provide to provide you support and reply to your inquiries. For example, If you share your Personal Data (including your name and contact information) to ask a question about our app, we will use that Personal Data to investigate your concerns, respond to your inquiries and to monitor and improve our responses to your and other users inquiries in relation to our app. Our legal basis is legitimate interests to provide you with high-quality support.

(g) To communicate with our users

We use communication data to notify you about changes to our app or any products we offer or provide our app, including by sending you technical notices, notices about your account/subscription, including expiration and renewal notices, updates, security alerts and support and administrative messages, which we may send through an in-app or push notification (you may opt-out of push notifications by changing the settings on your mobile device). Our legal basis is a legitimate interest to keep you updated on your use of our app.

(h) Limitations for photo processing

Notwithstanding anything to the contrary elsewhere in this Privacy Policy:

  • We do not use your Photos, your Personalized SD Model or your Avatars to identify any individual user.
  • We do not use your Photos, your Personalized SD Model or your Avatars for advertising and marketing purposes, or to otherwise target a user in a similar manner.
  • We do not use your Photos, your Personalized SD Model or Avatars to build a user profile, or otherwise attempt, facilitate, or encourage third parties to identify anonymous users or reconstruct user profiles based on your Photos, your Personalized SD Model or Avatars.
  • We do not transfer, share, sell, or otherwise provide your Photos, your Personalized SD Model or Avatars to advertising platforms, analytics providers, data brokers, information resellers or other similar parties.

3. Who can see your data

Apart from us, your data can be accessed by others in the following situations:

(a) Our Partners

We use third parties to help us operate and improve our Services (“Partner”). Partners assist us with various tasks, including hosting and maintenance, ongoing development, analytics, customer care, marketing, and advertising. For detailed information about our partners please see List of Partners.

(b) Public Authorities

We may access, preserve and share your information in response to a legal (like a search warrant, court order or subpoena), government or regulatory request if we have a good faith belief that the 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 law in that jurisdiction, affects users in that jurisdiction, and is consistent with internationally recognized standards. We may also access, preserve and share information when we have a good faith belief it is necessary to: (i) detect, prevent and address fraud and other illegal activity; (ii) protect ourselves, you and others, including as part of investigations; and (iii) prevent death or imminent bodily harm. Information we receive about you may be accessed, processed and retained for an extended period of time when it is the subject of a legal request or obligation, governmental investigation, or investigations concerning possible violations of our terms or policies, or otherwise to prevent harm.

(c) Change of Control

If we sell or otherwise transfer part or the whole of our assets to another organization, your Personal Data and any other collected information may be among the items sold or transferred.

4. Where your data can be transferred

For the purposes of data storage, we recourse to the services of the hosting organizations.

Our servers for the storage of Photos and Personalized SD Models are located in Germany. Your other personal data may be stored on servers in other countries depending on the specific service provider which we use for the processing of such data and in accordance with its privacy policy (see section “3. WHO CAN SEE YOUR DATA”).

Please note that your personal data may be transferred to a country and jurisdiction that does not have the same data protection laws as in your jurisdiction. We try to make sure that the recipient of any personal data provides proper protection of the personal data received.

5. How long we store your data

(a) Photos, Avatars, and Personalized SD Models.

  • Your Photos are automatically deleted within 72 hours after we created a Personalized SD Model based on them.
  • We retain your Personalized SD Model and Avatars unless your Personalized SD Model is inactive (e.g. you do not generate new Avatars for more than 6 months and do not have a subscription in our app) for more than 6 months or you requested its deletion through our app. It is needed for your convenience and cost reduction so that there is no need to train a new Personalized SD Model if you want to generate new Avatars based on the same Photos. It allows us to offer lower prices in our app.

(b) Other personal data

We generally store your data, except for data indicated in para (a) above for as long as we needed to provide the services through our app. A specific period can vary based on the context of the processing we perform and on our legal obligations. For example, we may need to retain some of your personal data even after you have stopped using our services if it is reasonably necessary to comply with our legal obligations, or where we have a legitimate interest in doing so. For example, we can store your app Usage Data if we need to make a historical analysis of app performance.

When we no longer need to use your information and there is no need for us to keep it to comply with our legal or regulatory obligations or in accordance, we will either remove it from our systems or depersonalize it so that we cannot identify you.

6. What right you have

You have certain rights in relation to your personal data. These may include the right (i) to request access and obtain a copy of your personal information, (ii) to request rectification or erasure; (iii) to restrict the processing of your personal information; and (iv) if applicable, to data portability. In certain circumstances, you may also have the right to object to the processing of your personal information. You can make such a request by contacting us by using the contact details provided in the section 'HOW CAN YOU CONTACT US' below.

We will consider and act upon any request in accordance with applicable data protection laws.Please note that deletion of our app does not imply the deletion of your data automatically, except for the cases specified in “HOW LONG WE STORE YOUR DATA”

If you are located in the EEA or UK and you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here:https://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htmnewsroom/article29/items/612080.

If you are located in Switzerland, the contact details for the data protection authorities are available here: https://www.edoeb.admin.ch/edoeb/en/home.html.

Withdrawing your consent: If we are relying on your consent to process your personal information, which may be express and/or implied consent depending on the applicable law, you have the right to withdraw your consent at any time. You can withdraw your consent at any time by contacting us by using the contact details provided in the section 'HOW CAN YOU CONTACT US' below.

However, please note that this will not affect the lawfulness of the processing before its withdrawal, nor when applicable law allows, will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent.

7. How we protect your data

We have implemented appropriate and reasonable technical and organizational security measures designed to protect the security of any personal information we process.

However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security and improperly collect, access, steal, or modify your information.

Although we will do our best to protect your personal information, the transmission of personal information to and from our Services is at your own risk. You should only access the app within a secure environment.

8. What are the age limits for our App

We do not knowingly solicit data from or market to children under 18 years of age. By using our app, you represent that you are at least 18 years of age or older if the higher age of the legal majority is established in your jurisdiction. If we learn that personal information from users less than 18 years of age has been collected, we will take reasonable measures to promptly delete such data from our records. If you become aware of any data we may have collected from children under age 18, please contact us using the contact details provided in the section 'HOW CAN YOU CONTACT US' below.

9. How we can change this privacy policy

We reserve the right to change our practices and this Privacy Policy at any time. Each time you access our Services the current version of the Privacy Policy applies, and you agree that the personal data will be processed subject to the Privacy Policy, as updated. We encourage you to check this page regularly so that you know our current practices.

10. How you can contact us

If you have any questions or requests, you may contact us and our data protection officer using the in-app support feature in our app or via email legal@finespace.com.

The data controller under this Privacy Policy is Finespace UAB, with a registered address at J. Basanavičiaus g. 26, 03224 Vilnius, Lithuania.

LIST OF PARTNERS

Last Update: April 20, 2023

Below, you can find a list of partners with which we work together to provide our Services.

1. Advertising networks and their partners

AdMob by Google
AdMob by Google is provided by Google LLC (USA).
AdMob and their partners are engaged by us in order to provide advertising services, including personalized advertisement experience.
For more information on how AdMob uses the collected information, please visit the Privacy Policy of Google: http://www.google.com/policies/privacy/
For more information on AdMob Partners, please visit: https://support.google.com/admob/answer/9012903
You can opt-out from AdMob by Google service by following the instructions described by Google:https://support.google.com/ads/answer/2662922?hl=en

Meta Audience Network
Meta Audience Network is an advertising service provided by Meta Platforms, Inc. (US)
Privacy Policy: https://www.facebook.com/about/privacy/

Google Ads
Google, as a third-party vendor, uses cookies to serve ads on our Service. Google's use of the DoubleClick cookie enables it and its partners to serve ads to our users based on their visit to our Service or other websites on the Internet
You may opt-out of the use of the DoubleClick Cookie for interest-based advertising by visiting the Google Ads Settings web page: http://www.google.com/ads/preferences/

2. Analytics service providers

Adjust
Adjust is an analytics service provided by Adjust GmbH (Germany)
Privacy Policy: https://www.adjust.com/privacy-policy/

Google Analytics
Google Analytics is analytics service provided by Google LLC (USA)
Google Analytics is engaged by us in order to provide data analytics services.
Privacy Policy: https://policies.google.com/privacy?hl=en-US

Firebase
Firebase is analytics service provided by Google LLC (USA).
Firebase is engaged by us in order to provide data analytics services.
You may opt-out of certain Firebase features through your mobile device settings, such as your device advertising settings or by following the instructions provided by Google in their
Privacy Policy: http://www.google.com/intl/en/policies/privacy/

3. Other service providers

Adapty
Adapty is a platform for management and analytics of in-app purchases and subscriptions in
mobile apps for iOS and Android provided by Adapty Tech Inc. (USA)
Privacy policy: https://adapty.io/policy/

AWS
AWS is cloud computing service provided by Amazon Web Services, Inc. (US).
Privacy Policy: http://www.amazon.com/gp/help/customer/display.html?nodeId=468496

Sentry
Sentry is a service for detection of software errors provided by Functional Software, Inc. (USA).
Sentry is engaged by us in order to provide services for detection of software bugs and errors.
Privacy Policy: https://sentry.io/privacy/