Privacy Notice
Last updated: April 24, 2024
This Privacy Notice is designed to help you understand how REFACEAI LIMITED, a company duly incorporated under the UK law, company number 13440268, which principal place of business is C/O Rwk Goodman Llp, 69 Carter Lane, London, England, EC4V 5EQ (“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. Children’s information
13. Third-party websites/applications
14. Supervisory authority
15. Contact us
This Privacy Notice applies to personal information processed by us on our Revive mobile app, and our related online and offline offerings. To make this Privacy Notice easier to read, our Revive mobile app and our related offerings are collectively called “Services.”
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. 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.
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, information we obtain automatically when you use our Services, and information from other sources such as third-party services and organizations, as described below.
We may collect the following personal information that you provide to us.
(a) Biometric Data. Subject to your separate opt-in consent, we may collect biometric data from you including photos, pictures, GIFs and videos of your face, your facial geometry (face embeddings), recordings of your voice, gender and your racial data. You may opt out of our use of this data at any time by contacting us at the contact information provided below in Section 15. We may use your face data for providing face(-s) animation on a photo or a picture features, creating avatars, and other similar Services;
(b) Interactive Features. We and others who use our Services may collect 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.
(c) 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. 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).
(d) 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.
(e) 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.
(f) Sweepstakes or Contests. We may collect personal information you provide for any sweepstakes or contests that we offer. In some jurisdictions, we are required to publicly share information of sweepstakes and contest winners.
(g) Generated Content. We may also collect and store the content you generate within the App, including your avatars, subject to the terms of Section 9 (“Retention Of Personal Information”).
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 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.
Third-Party 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.
We use your information for a variety of business purposes, including to provide our Services, for administrative purposes, and to market our products and Services, as described below.
If Revive decides to change the purposes of processing specified above, we will inform you on such changes before using your personal information for the newly established purposes and ask for your separate consent (if required by the applicable laws).
At Revive, we prioritize your privacy and data protection. Please note that, with the exception of user-selected photos provided to generate avatars, Revive does not utilize any other your personal data for the purpose of training or developing our artificial intelligence systems or other products. Our intention is just to provide you with a safe and respectful experience while using our Services.
We use your information to fulfill our contract with you and provide you with our Services, such as:
(a) Providing face(-s) animation on a photo or a picture features, and other similar Services;
(b) Creating avatars;
(c) Managing your information and accounts;
(d) Providing access to certain areas, functionalities, and features of our Services;
(e) Answering requests for customer or technical support;
(f) Communicating with you about your account, activities on our Services, and policy changes; and
(g) Processing your financial information and other payment methods for products or Services purchased.
We use your information for various administrative purposes, such as:
(a) Pursuing our legitimate interests such as direct marketing, research and development (including marketing research), network and information security, and fraud prevention;
(b) Detecting security incidents, protecting against malicious, deceptive, fraudulent or illegal activity, and prosecuting those responsible for that activity;
(c) Measuring interest and engagement in our Services;
(d) Short-term, transient use, such as contextual customization of ads;
(e) Improving, upgrading or enhancing our Services;
(f) Developing new products and Services;
(g) Ensuring internal quality control and safety;
(h) Authenticating and verifying individual identities;
(i) Debugging to identify and repair errors with our Services;
(j) Auditing relating to interactions, transactions and other compliance activities;
(k) Enforcing our agreements and policies; and
(l) Complying with our legal obligations.
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 15 below.
We also use your information for other purposes as requested by you or as permitted by applicable law.
(a) 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 consent.
(b) 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.
(c) 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.
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 FOR:
(1) DATA STORAGE PURPOSES VIA GOOGLE SERVICES. YOU MAY READ HOW GOOGLE PROCESSES YOUR DATA VIA THE LINK.
(2) PROVISION OF OUR VIDEO GENERATION SERVICES USING API OF THE KLING AI. YOU MAY READ HOW KLING AI 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 PROVIDE CUSTOMER SUPPORT.
The categories of third parties with whom we may share your information are described below.
(a) Other Users or Third Parties. When you use the Services, you may choose to share personal information or content with other users or third parties. In addition, certain aspects of your profile may be available to other users.
(b) 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, customer service, and related services.
(c) 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 to business partners with whom we jointly offer products or services.
(d) 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 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.”
(e) 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 below.
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.
The privacy choices you may have about your personal information are determined by applicable law and are described below.
(a) Email Communications. If you receive an unwanted email from us, you can use the unsubscribe link found at the bottom of the email to opt out of receiving future emails. Note that you will continue to receive transaction-related emails regarding products or Services you have requested. We may also send you certain non-promotional communications regarding us and our Services, and you will not be able to opt out of those communications (e.g., communications regarding our Services or updates to our Terms of Use or this Privacy Notice).
(b) Text Messages. You may opt out of receiving text messages from us by following the instructions in the text message you have received from us or by otherwise contacting us.
(c) Mobile Devices. We may send you push notifications through our mobile app. You may opt out from receiving these push notifications by changing the settings on your mobile device. With your consent, we may also collect precise location-based information via our mobile app. You may opt out of this collection by changing the settings on your mobile device.
(d) “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 honor DNT signals or similar mechanisms transmitted by web browsers.
(e) 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.
In accordance with applicable law, you may have the right to:
(a) 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.
(b) 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.
(c) 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.
(d) 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.
(e) 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:
i. if you want us to establish the data’s accuracy;
ii. where our use of the data is unlawful but you do not want us to erase it;
iii. 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
iv. you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
(f) Request the transfer of your personal data to you or to a third party. 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.
(g) 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.
If you would like to exercise any of these rights, please contact us as set forth in Section 15 below. We will process such requests in accordance with applicable laws.
We take steps to ensure that your information is treated securely and in accordance with this Privacy Notice. 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’s breach, we may attempt to notify you electronically by posting a notice on our Services, by mail or by sending an email to you.
Many of our external third parties are based outside the UK so their processing of your personal data will involve a transfer of data outside the UK. We may transfer your personal data to our group companies that are located outside the UK, including, but not limited, in the United States, Ukraine, Singapore, China or other countries, which may have data protection laws that are different from the laws where you live.
Whenever we transfer your personal data out of the UK, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
(a) We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data.
(b) Where we use certain service providers, we may use specific contracts approved by the UK which give personal data the same protection it has in the UK.
Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the UK.
We may store the personal information we collect as described in this Privacy Notice for as long as you use our Services or as necessary to fulfill the purpose(s) for which it was collected, provide our Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws.
Any content that you upload using our Services is stored for up to 30 days. This period allows us to offer certain features of our Services that rely on this content.
Content that is generated through the use of our Services is retained for 30 days. This includes any output produced by the Services based on your input.
In case of biometric data, face data is retained for a period of 48 hours. This limited retention period is designed to respect your privacy while enabling the necessary functionality of our Services. If necessary, this period might be longer but not more than 30 days.
In the case of the AI Avatar feature, we automatically delete user input photos from our servers after forty-eight (48) hours. These photos are stored only on the user’s device. The generated result and the uniquely trained model are stored for thirty-one (31) days to minimize user wait times when generating next AI Avatar packs.
This Section 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:
Category of Personal Information Collected by Revive | Categories of Third Parties Personal Information is Disclosed to for a Business Purpose |
Identifiers | • Service providers |
Personal information categories listed in Cal. Civ. Code § 1798.80(e) | • Service providers |
Commercial information | • Service providers • Revive users or third parties you share with |
Sensory data | • Service providers • Revive users or third parties you share with |
Internet or other electronic network activity | • Service providers • Advertising partners |
Biometric information | • Service providers |
Sensitive Personal Information | • Service providers • Third parties your share with |
Geolocation data | • Service providers • Advertising partners |
Professional or employment-related information | • Service providers • Revive users or third parties you share with |
Inferences drawn from other personal information to create a profile about a consumer | • Service providers • Revive users or third parties you share with • Advertising partners |
The categories of sources from which we collect personal information and our business and commercial purposes for using personal information are set forth above.
Additional Privacy Rights for California Residents:
“Sales” of Personal Information under the CCPA and CPRA. For purposes of the CCPA and 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.
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 CPRA.
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.
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.
Limit of use and disclosure of sensitive personal information. You can ask us to only use your sensitive personal information (for example, your precise geolocation 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 CPRA, please contact us as set forth in Section 15 below. We will process such requests in accordance with applicable laws.
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 15 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.
The Services are not directed to children under 13, (or other age as required by local law), and we do not knowingly collect personal information from 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 15 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.
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.
If you are located 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 here.
REFACEAI LIMITED is the controller of your personal information. If you have any questions about our privacy practices or this Privacy Notice, or to exercise your rights as detailed in this Privacy Notice, please contact us at:
REFACEAI LIMITED
C/O Rwk Goodman Llp, 69 Carter Lane, London, England, EC4V 5EQ
hi@reviveapp.net