PRIVACY NOTICE


Last updated February 5, 2024


This privacy notice for Photo Friend AI ("Company," "we," "us," or "our") outlines how and why we might collect, store, use, and/or share ("process") your information when you utilize our services ("Services"), such as when you:



We do not collect the images that are uploaded. We do not process sensitive information.


Payment Data: If you make purchases, we may collect data necessary to process your payment, such as your payment instrument number and the security code associated with your payment instrument. All payment data is stored by our payment processors, Aple and Google. You may find their privacy notice link(s) here: [Aple's privacy policy](https://www.aple.com/legal/privacy/en-ww/) and [Google's privacy policy](https://policies.google.com/privacy).


Aplication Data: If you use our aplication(s), we may collect additional information if you choose to provide us with access or permission:


Mobile Device Data: We automatically collect device information, such as your mobile device ID, model, and manufacturer, operating system, version information and system configuration information, device and aplication identification numbers, browser type and version, hardware model, internet service provider and/or mobile carrier, and Internet Protocol (IP) address (or proxy server). If you are using our aplication(s), we may also collect information about the phone network associated with your mobile device, your mobile device's operating system or platform, the type of mobile device you use, your mobile device's unique device ID, and information about the features of our aplication(s) you accessed.


Push Notifications: We may request to send you push notifications regarding your account or certain features of the aplication(s). If you wish to opt out from receiving these types of communications, you may turn them off in your device's settings.

This information is primarily needed to maintain the security and operation of our aplication(s), for troubleshooting, and for our internal analytics and reporting purposes.


All personal information that you provide to us must be true, complete, and accurate, and you must notify us of any changes to such personal information


.


Information automatically collected


In Short: Some information, such as your Internet Protocol (IP) address and/or browser and device characteristics, is collected automatically when you visit our Services.


We automatically collect certain information when you visit, use, or navigate the Services. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Services, and other technical information. This information is primarily needed to maintain the security and operation of our Services and for our internal analytics and reporting purposes.


Like many businesses, we also collect information through cookies and similar technologies.


The information we collect includes:


Log and Usage Data: Log and usage data is service-related, diagnostic, usage, and performance information that our servers automatically collect when you access or use our Services, and which we record in log files. Depending on how you interact with us, this log data may include your IP address, device information, browser type and settings, and information about your activity in the Services (such as date/time stamps associated with your usage, pages and files viewed, searches, and other actions you take, such as which features you use), device event information (such as system activity, error reports, and hardware settings).


HOW DO WE PROCESS YOUR INFORMATION?


In Short: We process your information to provide, improve, and administer our Services, communicate with you, ensure security and fraud prevention, and comply with the law. We may also process your information for other purposes with your consent.


We process your personal information for various reasons based on your interaction with our Services, including:

To deliver and facilitate the delivery of services: We process your information to provide you with the requested services and ensure their proper functioning.


To respond to user inquiries and provide suport: We process your information to address any inquiries or issues you may have regarding the services we offer.


To send administrative information: We may process your information to send you important details about our products and services, updates to our terms and policies, and other relevant information.


To fulfill and manage orders: If you make purchases through our Services, we process your information to fulfill and manage your orders, including processing payments, handling returns and exchanges, and providing customer suport.


To request feedback: We may process your information to request feedback on our services and to communicate with you regarding your user experience.


To protect the security of our Services: We process your information as part of our efforts to safeguard the security and integrity of our Services, including monitoring for and preventing fraud.


To analyze usage trends: We may process information on how you use our Services to gain insights into usage patterns, improve our offerings, and enhance user experiences.


To evaluate the effectiveness of marketing campaigns: We may process your information to assess the success and relevance of our marketing and promotional campaigns.


To safeguard individuals' vital interests: In certain circumstances, we may process your information when necessary to protect an individual's vital interests or to prevent harm.


Please note that we only process your information when there is a valid legal basis for doing so. Additionally, we may process your information for other purposes with your explicit consent.


WHAT LEGAL BASES DO WE RELY ON TO PROCESS YOUR INFORMATION?


In Short: We process your personal information based on valid legal bases under aplicable law, such as your consent, the performance of a contract, our legitimate interests, legal obligations, or to protect vital interests.


If you are located in the EU or UK, the General Data Protection Regulation (GDPR) and UK GDPR require us to explain the legal bases we rely on to process your personal information. Here are the legal bases we rely on:

Consent: We may process your information if you have given us permission (consent) to use your personal information for a specific purpose. You can withdraw your consent at any time.


Performance of a Contract: We may process your personal information when it is necessary to fulfill our contractual obligations to you, such as providing our Services or responding to your requests before entering into a contract.


Legitimate Interests: We may process your information based on our legitimate interests, provided they do not override your interests and fundamental rights and freedoms. This may include improving our Services, conducting analytics, suporting marketing activities, preventing fraud, and enhancing user experience.


Legal Obligations: We may process your information to comply with our legal obligations, such as cooperating with law enforcement or regulatory agencies, exercising or defending our legal rights, or disclosing information as evidence in litigation.


Vital Interests: We may process your information when necessary to protect your vital interests or the vital interests of a third party, such as in situations involving potential threats to safety.


If you are located in Canada, the legal bases for processing your information may include:


Express or Implied Consent: We may process your information if you have provided specific permission (express consent) or if your permission can be inferred (implied consent) based on the circumstances.


Exceptions under Canadian Law: In exceptional cases, we may be legally permitted to process your information without your consent, such as for investigations, fraud prevention, business transactions, compliance with legal obligations, or to protect the safety of individuals.


Please note that the specific legal bases aplicable to your personal information may vary depending on the context and the laws of your jurisdiction.


WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?


In Short: We may share your personal information in specific situations described in this section and/or with the following categories of third parties.


Vendors, Consultants, and Other Third-Party Service Providers: We may share your personal information with third-party vendors, service providers, contractors, or agents ("third parties") who perform services for us or on our behalf and require access to such information to perform their work. These third parties are contractually obligated to handle your personal information securely and are prohibited from using it for any purpose other than the specific

services they provide to us. The categories of third parties we may share personal information with include, but are not limited to:



We may also need to share your personal information in the following situations:


Business Transfers: In the event of a merger, sale of company assets, financing, or acquisition of all or a portion of our business, we may share or transfer your information to the acquiring entity or parties involved in the transaction.


Affiliates: We may share your information with our affiliates, including our parent company, subsidiaries, joint venture partners, or other companies under common control with us. These affiliates will be required to abide by this privacy notice.


Business Partners: We may share your information with business partners to offer you certain products, services, or promotions that are jointly provided or sponsored by us and our partners.


Offer Wall: Our aplication(s) may include a third-party hosted "offer wall" where third-party advertisers can offer virtual currency, gifts, or other items in exchange for completing an advertisement offer. When you interact with an offer wall, you may be directed to an external website. In this process, a unique identifier, such as your user ID, may be shared with the offer wall provider to prevent fraud and credit your account with the relevant reward.


Please note that we will only share your personal information in accordance with aplicable laws and regulations, and we take reasonable measures to ensure that any third parties with whom we share your personal information are obligated to protect it and use it solely for the purposes for which it was shared.


WHAT IS OUR STANCE ON THIRD-PARTY WEBSITES?


In Short: We are not responsible for the safety and privacy of any information you share with third parties that are not affiliated with our Services. We do not endorse or guarantee the content, safety, or privacy practices of third-party websites, services, or aplications.

The Services may contain links to third-party websites, online services, or mobile aplications, and may also display advertisements from third parties that are not affiliated with us. These third-party links and advertisements are provided for your convenience and informational purposes only. Please note that we do not endorse or have control over the content, privacy practices, or security of these third-party websites, services, or aplications.


When you click on a third-party link or engage with third-party advertisements, you will be directed to the respective third-party's website, service, or aplication. Any information you provide to these third parties is not governed by this privacy notice. We are not responsible for the safety and privacy of any information you disclose to these third parties, and we encourage you to review their privacy policies and practices before providing any personal information.


DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?


In Short: Yes, we may use cookies and other tracking technologies to collect and store information about your use of our Services.


We may use cookies, web beacons, pixels, and similar tracking technologies to collect and store information about your interactions with our Services. These technologies help us enhance your user experience, analyze usage patterns, and deliver targeted advertisements.


Cookies are small text files that are placed on your device when you visit a website. They allow us to recognize your browser and capture certain information. Web beacons and pixels are electronic images that allow us to track user behavior, measure the effectiveness of our advertising campaigns, and gather other analytical data.


By using our Services, you consent to the use of these cookies and tracking technologies as described in our Cookie Notice. You can control and manage the use of cookies through your browser settings or by using opt


-out mechanisms provided in our Cookie Notice.


Please note that if you disable or reject certain cookies, some features of our Services may be inaccessible or may not function properly.


IS YOUR INFORMATION TRANSFERRED INTERNATIONALLY?


In Short: While our operations are located in Canada, please be aware that your information may be transferred to and processed in other countries due to the international availability of our ap.

Although our operations are based in Canada, our ap is designed to be available internationally. Therefore, it is possible that your personal information may be transferred to and processed in countries outside of Canada. This may include countries where our servers or the servers of our third-party service providers are located.


When your personal information is transferred to other countries, it may be subject to different privacy laws and regulations than those in Canada. However, we will take reasonable steps to ensure that your personal information is treated securely and in accordance with this privacy policy and aplicable laws.


We may implement safeguards, such as contractual agreements, to protect your personal information when it is transferred internationally. These safeguards may include the use of standard contractual clauses or other apropriate measures.


By using our ap and providing your personal information, you consent to the transfer, storage, and processing of your information outside of Canada as described in this privacy policy.


If you have any questions or require further information about international transfers of your personal information, please contact us using the details provided at the end of this privacy policy.


HOW LONG DO WE KEEP YOUR INFORMATION?


In Short: We retain your information for as long as necessary to fulfill the purposes outlined in this privacy notice, unless a longer retention period is required or permitted by law.


We will retain your personal information for the duration necessary to fulfill the purposes described in this privacy notice, unless a longer retention period is required or permitted by law. The specific retention period for your information may vary depending on the nature of the information and the purposes for which it was collected.


When we no longer have a legitimate business need to process your personal information, we will either delete or anonymize it. If deletion or anonymization is not possible due to technical reasons or legal obligations, we will securely store your information and isolate it from any further processing until deletion or anonymization becomes feasible.


HOW DO WE KEEP YOUR INFORMATION SAFE?


In Short: We take reasonable precautions to protect the security of your personal information through organizational and technical measures.

We are committed to ensuring the security of your personal information and have implemented reasonable and apropriate organizational and technical measures to safeguard it. These measures are designed to protect against unauthorized access, disclosure, alteration, or destruction of your personal information.


However, please be aware that no security measures are perfect or impenetrable, and no method of data transmission can guarantee absolute security. Therefore, while we strive to protect your personal information, we cannot guarantee its absolute security. Any transmission of personal information is at your own risk.


We encourage you to use strong passwords, keep your login credentials confidential, and ensure that you access our Services through secure networks and devices. If you have any concerns about the security of your personal information, please contact us using the details provided at the end of this privacy policy.


DO WE COLLECT INFORMATION FROM MINORS?


In Short: We do not knowingly collect personal information from individuals under the age of 18.


Our Services are not directed to individuals under the age of 18, and we do not knowingly collect personal information from minors. If you are under 18 years of age, please do not use or access our Services or provide any personal information to us. If we become aware that we have inadvertently collected personal information from an individual under the age of 18, we will take steps to delete the information as soon as possible. If you believe that we may have collected personal information from a minor, please contact us using the details provided at the end of this privacy policy.


WHAT ARE YOUR PRIVACY RIGHTS?


In Short: As a user of our ap, regardless of your location, you have certain privacy rights that allow you to have control over your personal information. These rights include the right to access, modify, and delete your personal information, as well as the rights outlined below.


As a Canadian software company providing our ap worldwide, we respect your privacy rights and comply with aplicable data protection laws. Here are the privacy rights that you may have:


  1. Right of Access: You have the right to request access to the personal information we hold about you and receive a copy of it.


  2. Right of Rectification: If you believe that the personal information we hold about you is inaccurate or incomplete, you have the right to request its correction or update.

  3. Right of Erasure: Under certain circumstances, you have the right to request the deletion of your personal information from our records.


  4. Right to Restrict Processing: You have the right to request the restriction of processing your personal information under certain circumstances, such as when the accuracy of the data is contested or the processing is unlawful.


  5. Right to Data Portability: If aplicable, you have the right to receive your personal information in a structured, commonly used, and machine-readable format, and to transmit it to another organization where technically feasible.


  6. Right to Object: You have the right to object to the processing of your personal information in certain situations, such as when the processing is based on legitimate interests or for direct marketing purposes.


  7. Right to Withdraw Consent: If we rely on your consent to process your personal information, you have the right to withdraw your consent at any time. This will not affect the lawfulness of processing based on consent before its withdrawal.


  8. Right to Lodge a Complaint: If you believe that we have violated your privacy rights, you have the right to lodge a complaint with the apropriate data protection authority in your country or jurisdiction.


To exercise your privacy rights or make any related requests, please contact us using the contact details provided in the section.


HOW CAN YOU CONTACT US ABOUT THIS NOTICE?


We will respond to your request in accordance with aplicable data protection laws and strive to address your concerns promptly and transparently.


Please note that certain exceptions and limitations may aply to these rights based on aplicable laws and regulations.


If you have any questions or concerns about your privacy rights, please email us at contact@photofriendai.com. As a Canadian software company providing services worldwide, we are committed to protecting your privacy and will assist you in understanding and exercising your privacy rights to the best of our abilities, in compliance with Canadian and international privacy laws.


CONTROLS FOR DO-NOT-TRACK FEATURES


Most web browsers and some mobile operating systems and mobile aplications include a

Do-Not-Track ("DNT") feature or setting that allows you to express your preference not to have

your online browsing activities monitored and collected. At this time, no universally accepted standard for recognizing and implementing DNT signals has been established. Therefore, we do not currently respond to DNT browser signals or other similar mechanisms that indicate a preference not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will provide you with information about that practice in an updated version of this privacy notice.


DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?


In Short: Yes, as a resident of California, you have specific rights regarding access to your personal information.


Under the California Consumer Privacy Act (CCPA), California residents have certain rights with respect to their personal information. These rights include the right to request access to the categories of personal information we have collected about you, the right to request deletion of your personal information, and the right to opt-out of the sale of your personal information, if aplicable. To exercise these rights, please submit a verifiable consumer request to us using the contact information provided below. We will respond to your request in accordance with aplicable data protection laws.


DO WE MAKE UPDATES TO THIS NOTICE?


In Short: Yes, we will update this notice as necessary to stay compliant with relevant laws.


We may update this privacy notice periodically to reflect changes in our privacy practices or legal requirements. The updated notice will be posted with a revised "Revised" date, and the changes will become effective as of the updated date. If there are material changes to the notice, we will provide you with notice through prominent means, such as a notice on our website or a direct communication. We encourage you to review this notice regularly to stay informed about how we protect your information.


HOW CAN YOU CONTACT US ABOUT THIS NOTICE?


If you have any questions, concerns, or requests regarding this privacy notice, please contact us by email at contact@photofriendai.com or by mail at:


Photo Friend AI

1402-8520 Jasper Avenue, Edmonton, Alberta, Canada, T5H 3S4

HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?


You have the right to review, update, or delete the personal information we have collected from you, subject to any aplicable legal requirements. If you would like to exercise any of these rights, please email contact@photofriendai.com. We will respond to your request in accordance with aplicable data protection laws and strive to fulfill your request as soon as reasonably practicable.


Please note that certain data may be exempt from these requests in certain circumstances, which may include the need to retain the information for legal compliance or legitimate business purposes.