Privacy Notice

Effective as of: October 21, 2024

Welcome to Ink AI, an online AI-based application that allows you generate tattoo sketches and try on these sketches on your photos by using in-app suggestions of different tattoo sketches or your own textual description converted into tattoo sketches (collectively, “Ink AI”, “App”).

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.

This Privacy Notice is designed to help you understand how the developer of Ink AI, Reface Europe UAB, a legal entity incorporated under the laws of the Republic of Lithuania, registration number 306110360, Gynėjų St. 4-333, Vilnius, the Republic of Lithuania (“we,” “us,” and “our”) collects, uses, and shares your personal information and to help you understand and exercise your privacy rights.

Content

1. Scope
2. Changes To Our Privacy Notice
3. Personal Information We Collect
4. How We Use Your Information
5. How We Disclose Your Information
6. Your Privacy Choices And Rights
7. Security Of Your Information
8. International Data Transfers
9. Retention Of Personal Information
10. Supplemental Notice For California Residents
11. Supplemental Notice For Nevada Residents
12. Supplemental Notice For Virginia Residents
13. Children’s Information
14. Third-Party Websites/Applications
15. Supervisory Authority
16. Contact us

1. Scope

This Privacy Notice applies to personal information processed by us on our App, website located at web.ink-ai.app, https://start.ink-ai.app/ (the “Site”), and our related online and offline offerings. To make this Privacy Notice easier to read, our App, Site and our related offerings are collectively called “Services.”

2. Changes To Our Privacy Notice

We may revise this Privacy Notice from time to time in our sole and absolute discretion. If there are any material changes to this Privacy Notice, we will notify you as may be required by applicable law effective as of the date of such material changes becoming effective. You understand and agree that you will be deemed to have accepted the updated Privacy Notice if you continue to use our Services after the new Privacy Notice takes effect. Also, we encourage you to regularly review this Policy to check for any changes.

3. Personal Information We Collect

The categories of personal information we collect depend on how you interact with us, our Services and the requirements of applicable law. We collect information that you provide to us, the information we obtain automatically when you use our Services, and information from other sources such as third-party services and organizations, as described below.

3.1 Information You Provide to Us Directly

We may process the following personal information that you provide to us.

1. Photos. We may process the photos that you upload from your device while using our App in order to try on tattoo sketches. You won’t be able to upload content from your camera roll unless we can access your device’s camera. Please note that we DO NOT collect or store your biometric data from your photos such as facial features, geometry, physiological, biological, or behavioural characteristics. Consequently, we DO NOT introduce face recognition technologies or other technical means for the processing of biometric data for the unique identification or authentication of a user.
2. Biometric Data. Subject to your separate opt-in consent, we may collect and process biometric data, including facial recognition data, race, gender, age, face embedding, and face landmarks, to transform photo portraits into tattoos and accurately place tattoos on your uploaded images. This includes analyzing facial features and geometry to ensure that the tattoo aligns properly with the contours of your face or body. You may opt out of the use of biometric data at any time by using the in-app “Contact Support” button or by contacting us at the contact information provided in Section 16 (“Contact Us”). We need this information to provide you with converting photo portraits into tattoos, to provide accurate placement of tattoos on uploaded photo of body and other similar Services.
3. Generated Content. We may also process the content you generate within the App, namely your pictures with overlaying tattoo sketches.
4. Usage Data. When you use our Services, we may collect information about your activity within our Services, for example, which tattoo sketches you have viewed and for how long, pages that you visit before, during and after using our Services, information about the links you click, the types of content you interact with, the frequency and duration of your activities, your history of using the app history, and other information about how you use our Services. We may also collect IP-addresses, the source of the traffic, information regarding the device and operating system, information about your wireless and mobile network connections, unique device identifiers, browser type, language, battery level, and time zone. We collect such data as IP-address, your device model, screen resolution and operation system, session durations, your location with the help of Google Analytics. These data help us to analyse your needs and interests, evaluate the effectiveness of our campaigns and improve our App and your user experience.
5. Interactive Features. We and others who use our Services may process personal information that you submit or make available through our interactive features (e.g., the content that you share and social media pages). Any information you provide on the public sections of these features will be considered “public,” unless otherwise required by applicable law, and is not subject to the privacy protections referenced herein.
6. Purchases. We may provide paid features to our users. To allow such paid features, we may collect personal information and details associated with your purchases, including payment information (also subject to terms under Section 7(a) of the Terms of Use). In some cases, you may need to provide us with additional information to verify your identity before completing a transaction. Any payments made via our Services are processed by third-party payment processors. We do not directly collect or store any payment card information entered through our Services, but we may receive information associated with your payment card information (e.g., your billing details).
7. Your Communications with Us. We may collect personal information, such as email address and phone number when you request information about our Services, register to receive our newsletter or marketing, request customer or technical support, or otherwise communicate with us.
8. Surveys. We may contact you to participate in the surveys. If you decide to participate, you may be asked to provide certain information which may include personal information.

3.2 Information Collected Automatically

We may collect personal information automatically when you use our Services:

1. Automatic Data Collection. We may collect certain information automatically when you use our Services, such as your Internet protocol (IP) address, user settings, MAC address, cookie identifiers, mobile carrier, mobile advertising and other unique identifiers, browser or device information, location information (including approximate location derived from IP address), Internet service provider, and metadata about the content you provide which can provide details such as the location of where a picture or video was taken. We may also automatically collect information regarding your use of our Services, such as pages that you visit before, during and after using our Services, information about the links you click, the types of content you interact with, the frequency and duration of your activities, your history of using the app history, and other information about how you use our Services. In addition, we may automatically collect information that other people provide about you when they use our Services, including information about you when they tag you.

2. Analytics. We utilize third-party tools to analyze data that is automatically collected. Among our analytics partners is Amplitude. To gain a comprehensive understanding of how your data is managed in these processes, please refer to Amplitude’s Privacy Notice. It's important to note that the analytics data we handle is general and anonymized. This means that the information is processed in a way that prevents any user from being re-identified. We are committed to ensuring the confidentiality and privacy of our users in all our data analysis practices.

3.3. Information Collected from Other Sources

We may obtain information about you from other sources, including through third-party services and organizations. For example, if you access our Services through a third-party application, such as an app store, a third-party login service, or a social networking site, we may collect information about you from that third-party or third-party application that you have made available via your privacy settings.

4. How We Use Your Information

We use your information for a variety of business purposes, including to provide our Services, for administrative purposes, and to market our Services, as described below.

If Ink AI decides to change the purposes of processing specified above, we will inform you of such changes before using your personal information for the newly established purposes and ask for your separate consent (if required by the applicable laws).

4.1 Provide Our Services

We use your information to fulfil our contract with you and provide you with our Services, such as:

1. Trying on tattoo sketches;
2. Managing your information;
3. Providing access to certain areas, functionalities, and features of our Services;
4. Answering requests for customer or technical support;
5. Communicating with you about your activities on our Services, and policy changes; and
6. Processing your financial information and other payment methods for products or Services purchased.

4.2 Administrative Purposes

We use your information for various administrative purposes, such as:

1. Pursuing our legitimate interests such as direct marketing, research and development (including marketing research), network and information security, and fraud prevention;
2. Detecting security incidents, data breaches and leakages, protecting against malicious, deceptive, fraudulent or illegal activity, and prosecuting those responsible for that activity;
3. Measuring interest and engagement in our Services;
4. Short-term, transient use, such as contextual customization of ads;
5. Improving, upgrading or enhancing our Services;
6. Developing new products and Services;
7. Ensuring internal quality control and safety;
8. Authenticating and verifying individual identities;
9. Debugging to identify and repair errors with our Services;
10. Auditing relating to interactions, transactions and other compliance activities;
11. Enforcing our agreements and policies; and
12. Complying with our legal obligations.

4.3 Marketing and Advertising our Products and Services

We may use personal information to tailor and provide you with content and advertisements. We may provide you with these materials as permitted by applicable law.

Some of the ways we may market to you include email campaigns, custom audiences advertising, and “interest-based” or “personalized advertising,” including through cross-device tracking.

If you have any questions about our marketing practices or if you would like to opt out of the use of your personal information for marketing purposes, you may contact us at any time as set forth in Section 16 (Contact Us) below with the subject line “Do Not Share My Personal Information for Cross-Context Behavioral Advertising”.

4.4 Other Purposes

We also use your information for other purposes as requested by you or as permitted by applicable law.

1. Consent. We may use personal information for other purposes that are clearly disclosed to you at the time you provide personal information or with your prior consent obtained in accordance with applicable laws.
2. De-identified and Aggregated Information. We may use personal information and other information about you to create de-identified and/or aggregated information, such as de-identified demographic information, de-identified location information, information about the device from which you access our Services, or other analyses we create.
3. Share Content with Friends or Colleagues. Our Services may offer various tools and functionalities. For example, we may allow you to provide information about your friends or colleagues through our referral services. Our referral services may allow you to forward or share certain content with a friend or colleague, such as an email inviting your friend to use our Services.

5. How We Disclose Your Information

We disclose your information to third parties for a variety of business purposes, including to provide our Services, to protect us or others, or in the event of a major business transaction such as a merger, sale, or asset transfer, as described below.

WE DO NOT SHARE YOUR BIOMETRIC DATA, INCLUDING PHOTOS AND FACE EMBEDDINGS, EXCEPT VIA GOOGLE SERVICES FOR DATA STORAGE PURPOSES. YOU MAY READ HOW GOOGLE PROCESSES YOUR DATA VIA THE LINK.

OUR AFFILIATES AND A LIMITED NUMBER OF EMPLOYEES MAY ALSO HAVE ACCESS TO THE BIOMETRIC DATA TO ENABLE THE FUNCTIONING OF THE APP, ENHANCE USER EXPERIENCE, AND TO PROVIDE CUSTOMER SUPPORT.

5.1 Disclosures to Provide our Services

The categories of third parties with whom we may share your information are described below.

1. Third Parties. When you use the Services, you may choose to share personal information or content with third parties via the available functionality of the App.
2. Service Providers. We may share your personal information with our third-party service providers who use that information to help us provide our Services. This includes service providers that provide us with IT support, hosting, payment processing, analytics, customer service, and related services.
3. Business Partners. We may share your personal information with business partners to provide you with a product or service you have requested. We may also share your personal information with business partners with whom we jointly offer products or services.
4. Advertising Partners. We may share your personal information, except for your biometric data, with third-party advertising partners. These third-party advertising partners may set Technologies and other tracking tools on our Services to collect information regarding your activities and your device (e.g., your IP address, cookie identifiers, page(s) visited, location, time of day). These advertising partners may use this information (and similar information collected from other services) for the purposes of delivering personalized advertisements to you when you visit digital properties within their networks. This practice is commonly referred to as “interest-based advertising” or “personalized advertising.”
5. APIs/SDKs. We may use third-party application program interfaces (“APIs”) and software development kits (“SDKs”) as part of the functionality of our Services. For more information about our use of APIs and SDKs, please contact us as set forth in Section 16 (Contact Us) below.

5.2 Disclosures to Protect Us or Others

We may access, preserve, and disclose any information we store associated with you to external parties if we, in good faith, believe doing so is required or appropriate to: comply with law enforcement or national security requests and legal process, such as a court order or subpoena; protect your, our, or others’ rights, property, or safety; enforce our policies or contracts; collect amounts owed to us; or assist with an investigation or prosecution of suspected or actual illegal activity.

6. Your Privacy Choices And Rights

6.1 Your Privacy Choices

The privacy choices you may have about your personal information are determined by applicable law and are described below.

1. Devices. We may send you push notifications through our App. You may opt out of receiving these push notifications by changing the settings on your device. With your consent, we may also collect precise location-based information via the App. You may opt out of this collection by changing the settings on your device.
2. “Do Not Track.” Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. Please note that we do not respond to or honour DNT signals or similar mechanisms transmitted by web browsers.
3. Cookies and Interest-Based Advertising. You may stop or restrict the placement of Technologies on your device or remove them by adjusting your preferences as your browser or device permits. However, if you adjust your preferences, our Services may not work properly. Please note that cookie-based opt outs are not effective on mobile applications. However, you may opt out of personalized advertisements on some mobile applications by following the instructions for Android, iOS and others. The online advertising industry also provides websites from which you may opt out of receiving targeted ads from data partners and other advertising partners that participate in self-regulatory programs. You can access these and learn more about targeted advertising and consumer choice and privacy by visiting the Network Advertising Initiative, the Digital Advertising Alliance, the European Digital Advertising Alliance, and the Digital Advertising Alliance of Canada.

Please note you must separately opt out in each browser and on each device.

6.2 Your Privacy Rights

In accordance with applicable law, you may have the right to:

1. Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
2. Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
3. Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
4. Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
5. Not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects or similarly significantly affects you. Please note, that we do not use automated decision-making and profiling.
6. Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:

1. if you want us to establish the data’s accuracy;
2. where our use of the data is unlawful, but you do not want us to erase it;
3. where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or
4. you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

7. Request the transfer of your personal data to you or to a third party (commonly known as a “right to data portability”). We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
8. Lodge a complaint with a supervisory authority in case you consider that the processing of personal data relating to you is an infringement of the applicable laws.
9. Receive compensation in case you have suffered material or non-material damage as a result of an infringement of the applicable laws by the entities and individuals processing your personal data.
10. Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

6.3 How to Exercise Your Privacy Rights

If you would like to exercise any of these rights, please contact us as set forth in Section 16 (Contact Us) below. We will process such requests in accordance with applicable laws and provide information on actions taken on your request within one month following the receipt of your request. The general response period may be extended by two (2) additional months if Ink AI is overwhelmed by the number of user requests, or the request is complicated and requires additional resources on our side. Ink AI will inform you of such an extension within one month following the receipt of the request specifying reasonably detailed reasons for such delay.

7. Security Of Your Information

We take steps to ensure that your information is treated securely and in accordance with this Privacy Notice by implementing and regularly updating our organisational and technical security measures to secure your personal information from unauthorized access, disclosure, use, and modification. Unfortunately, no system is 100% secure, and we cannot ensure or warrant the security of any information you provide to us. To the fullest extent permitted by applicable law, we do not accept liability for unauthorized disclosure.

By using our Services or providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of our Services. If we learn of a security system breach, we may attempt to notify you electronically by posting a message on our Services, by mail, email or via any other appropriate notification method.

8. International Data Transfers

Your data may be transferred outside the European Economic Area (EEA) to our group companies that are located outside the EEA and/or to third-party service providers which Ink AI engages in other regions (including without limitation Ukraine and the USA), which may have data protection laws that are different from the laws where you live.

If you are from the EEA, it is important for you to know that the transfer of your data to the recipients in third countries under the GDPR is secured either by the participation of the third-party providers from these countries on the basis of a data processing agreement with implemented standard contractual clauses for data transfers between EEA and non-EEA countries adopted by the European Commission and only after the performance of the transfer impact assessment of such third country’s legislation; or another basis compliant with the EEA data protection laws, including your explicit consent. By using our Services, you agree to such transfer and processing within the purposes set in this Privacy Notice.

In all cases we pass the information to other persons, we ensure that your information is being protected and used only within the purposes specified in this Privacy Notice. This is achieved by using only certified services and products, signing data processing agreements and non-disclosure agreements with contractors, as well as taking technical measures to ensure the information is protected when stored, used and while being transferred.

You also have to be aware of the fact that Ink AI may disclose your personal information to enforce and comply with the law. In other words, Ink AI may disclose to officials the information necessary for the investigation or legal process on official request or the official bodies acting within their powers.

Please contact us via any available means if you want further information on the specific mechanism used by us for international transfers of your personal data.

9. Retention Of Personal Information

We may store the personal information we collect from you as described in this Privacy Notice for as long as you use our Services or as necessary to fulfil the purpose(s) for which it was collected, provide our Services, resolve disputes, establish legal defences, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws.

All data, including personal information and Generated Content (as this term defined in the Terms of Use ), is processed and stored on our servers for thirty-one (31) days. After this period, it is automatically deleted to ensure data minimization.

Your generated content will be stored on your device until you delete it manually using the App functionality or until you delete the App from your device. You may also delete all of your personal data stored on your device resulting the use of our App via the “Delete All My Data” button in the App settings.

Please note that you may request us to delete your personal data by sending us an email at hey@ink-ai.app or by contacting us via any other available means.

10. Supplemental Policy For California Residents

This Supplemental Policy for California Residents only applies to our processing of personal information that is subject to the CCPA and the CPRA. The CCPA and the CPRA provide California residents with the right to know what categories of personal information a person (either a natural person or a legal entity) has collected about them and whether such person disclosed that personal information for a business purpose (e.g., to a service provider) in the preceding twelve (12) months. California residents can find this information below.

10.1 Categories of personal data collected

The categories of sources from which we collect personal information and our business and commercial purposes for using personal information are set forth above.

10.2 Additional Privacy Rights for California Residents

1. “Sales” of Personal Information under the CCPA and the CPRA. For purposes of the CCPA and the CPRA, we do not “sell” personal information, nor do we have actual knowledge of any “sale” of personal information of minors under 16 years of age.
2. Non-Discrimination. California residents have the right not to receive discriminatory treatment by us for the exercise of their rights conferred by the CCPA and the CPRA. We won’t deny our Services, charge you a different price, or provide a different level or quality of Services just because you exercised your rights under the applicable data protection laws.
3. Authorized Agent. Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. To designate an authorized agent, please contact us as set forth below.
4. Verification. When you make a request, we will ask you to provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, which may include confirming the email address associated with any personal information we have about you.
5. Limit of use and disclosure of sensitive personal information. You can ask us to only use your sensitive personal information (for example, your social security number, financial account information, your precise geolocation data, or your genetic data) for limited purposes, such as providing you with the services you requested.

If you are a California resident and would like to exercise any of your rights under the CCPA and/or the CPRA, please contact us as set forth in Section 16 (Contact Us) below. We will process such requests in accordance with applicable laws.

11. Supplemental Policy For Nevada Residents

If you are a resident of Nevada, you have the right to opt out of the sale of certain personal information to third parties who intend to license or sell that personal information. You can exercise this right by contacting us as set forth in Section 16 (Contact Us) below with the subject line “Nevada Do Not Sell Request” and providing us with your name and the email address associated with your account. Please note that we do not currently sell your personal information as sales are defined in Nevada Revised Statutes Chapter 603A.

12. Supplemental Policy For Virginia Residents

Under the Virginia Consumer Data Protection Act, you may request us to exercise your right to access your personal data, to correct inaccuracies in your personal data, to obtain a copy of your personal data, to opt out of the processing of the personal data for purposes of (a) targeted advertising, (b) the sale of personal data, or (c) profiling in furtherance of decisions that produce legal or similarly significant effects concerning you. Please note that we do not sell your personal information as sales are defined in Chapter of the Code of Virginia.

14. Children’s Information

We adhere to the provisions of the GDPR and the U.S. Children’s Online Privacy Protection Act (the “COPPA”) regarding the processing of minors’ personal information. The Services are not directed to children under sixteen (16) (or other, either lower or higher, age as required by local law), and we do not knowingly process the personal information of children. If you learn that your child has provided us with personal information without your consent, you may contact us as set forth in Section 16 (Contact Us) below. If we learn that we have collected a child’s personal information in violation of applicable law, we will promptly take steps to delete such information.

15. Third-Party Websites/Applications

The Services may contain links to other websites/applications and other websites/applications may reference or link to our Services. These third-party services are not controlled by us. We encourage our users to read the privacy policies of each website and application with which they interact. We do not endorse, screen or approve, and are not responsible for, the privacy practices or content of such other websites or applications. Providing personal information to third-party websites or applications is at your own risk.

16. Supervisory Authority

If you reside in the European Economic Area, Switzerland, or the United Kingdom, you have the right to lodge a complaint with a supervisory authority if you believe our processing of your personal information violates applicable law. The full list of authorities on the protection of personal data in each EU member state is available via the following link: https://digital-strategy.ec.europa.eu/en/library/list-personal-data-protection-competent-authorities.

Our Lithuanian data protection authority has the following details:

State Data Protection Inspectorate

Website: https://vdai.lrv.lt/ 

E-mail: ada@ada.lt 

17. Contact Us

We hope this Privacy Notice helped you understand how your personal information is dealt with at Ink AI. Ink AI will undertake its best effort to make your personal data protected. If you have any questions about our privacy practices or this Privacy Notice, or would like to exercise your rights as detailed in this Privacy Notice, please contact us at: hey@ink-ai.app or use the in-app “Contact Support” button.

Ink AI Team