Your privacy is important to us. It is Generative AI Magic Tools By Phot.AI, CogniAI Pvt Ltd policy to respect your privacy and comply with any applicable law and regulation regarding any personal information we may collect about you, including via our app, Kyral AI: Create AI Art, and its associated services.
Personal information is any information about you which can be used to identify you. This includes information about you as a person (such as name, address, and date of birth), your devices, payment details, and even information about how you use an app or online service.
In the event our app contains links to third-party sites and services, please be aware that those sites and services have their own privacy policies. After following a link to any third-party content, you should read their posted privacy policy information about how they collect and use personal information. This Privacy Policy does not apply to any of your activities after you leave our app.
This policy is effective as of (Enter Date)
Last updated: (Enter Date)
Information we collect falls into one of two categories: “voluntarily provided” information and “automatically collected” information.
“Voluntarily provided” information refers to any information you knowingly and actively provide us when using our app and its associated services.
“Automatically collected” information refers to any information automatically sent by your device in the course of accessing our app and its associated services.
Information Collection and Use
For a better experience, while using our Service, we may require you to provide us with certain personally identifiable information. The information that we request will be retained by us and used as described in this privacy policy.
Identifiers and internet and network activity information (such as IP address, device model, device type, OS version, device language, device name, country set in the device settings, information about your interactions with the app, and unique identifiers, including IDFA or AAID), and other information necessary to enable you to use the app.
The app processes the images you upload to generate AI Avatars (including images of your face) and the images generated by the app (e.g. the AI avatars that you created). The technologies implemented in the app do not allow unique identification or authentication of a single user starting from the images uploaded to the app or from the AI avatars generated by the app, nor is it our intention to train the technologies to do so. This means that we only use the app to create the requested AI avatar, based on the face images shared by the user. In order to be able to generate AI avatars the app needs access to your photo library and to your camera, but this access will require that you grant a specific permission through a request that will appear on your mobile device.
To improve our products and services (for example, by conducting statistical analysis or other research activities to optimize our features and provide you with new ones).
The legal basis for the processing is our legitimate interest (art. 6(1)(f) of the GDPR) to improve our products and services.
Identifiers and Internet and network activity information (such as IP address), and information collected or generated to improve the app’s functionalities (such as information about your interactions with the app, inferences we generate and other related information about your usage of the app). Neither the images you upload to the app, nor the images generated by the app (e.g. AI avatars) are processed for this purpose.
To ensure the quality of the services by analyzing, preventing or correcting failures and bugs, illicit use or misuse of the services.
The legal basis for the processing is our legitimate interest (art. 6(1)(f) of the GDPR) to ensure the quality and the smooth functioning of the service.
Identifiers, internet and network activity information (such as IP address), inferences we generate and other related information about your usage of the app. Neither the images you upload to the app, nor the images generated by the app (e.g. AI avatars) are processed for this purpose.
To comply with our legal obligations, including requests from public authorities.
The legal basis for the processing is compliance with legal obligations to which we are subject (art. 6(1)(c) of the GDPR).
Any information which may be required by law or under the instructions of public authorities.
To process and respond to customer support communications and to requests for information you may raise with us.
The legal basis for the processing is the performance of our contractual relationship (art. 6(1)(b) of the GDPR).
Identification and contact information you provide us (such as name, email address) and the content of your communication or request.
To establish, exercise or defend our rights and those of our employees, and to carry out corporate transactions or operations (for example, in case of bankruptcy, merger, acquisition, reorganization, sale of assets or assignments, and due diligence related to any such transactions).
The legal basis for the processing is our legitimate interest (art. 6(1)(f) of the GDPR) to establish, exercise or defend our rights and to carry out corporate transactions or operations.
Any information necessary to ensure the performance of these purposes.
To analyze your usage information, including your preferences, interests and behaviors when you use our product to:
Conduct statistical analysis or other research activities to improve our product.
Maintain, optimize, and develop new features.
Advertise our product towards more creators like you and reach out to inactive users with our ads.
Measure the effectiveness of our campaigns and make our advertising more relevant.
The legal basis for the processing is our legitimate interest (art. 6(1)(f) of GDPR).
Your Identifiers and Internet and network activity information that we collect (such as IDFA or AAID, and IP address), information about your interactions with the app, and other related information about your usage of the app.
IDFA (on iPhone or iPad) and AAID (on Android devices) are unique device identifiers provided by the operating system of your device, that allow advertisers to track and identify a user for advertising purposes.
To improve our photo-video editing features in Kyral AI and in other photo-video editing apps provided by us and our subsidiary companies, and offer a better service for editing and enhancing your images (for example, by using your images to train and validate our photo-video editor algorithms in Kyral AI and in other similar mobile and web apps provided by us and our subsidiary companies, and by examining and labelling your images to improve the performance of our editing and enhancement features).
The legal basis for the processing is your consent (art. 6(1)(a) of the GDPR).
Images uploaded by you, only if you expressly give your consent for this specific purpose.
Images processed in the context of multi Avatars feature are excluded from the scope of the purpose at stake.
What face data does our app collect?
Our app collects facial data from the photos uploaded by users in order to make our model learn about the new subject or the new user in our case. Our machine learning algorithms generate digital portraits based on the pictures users upload. After the model training is done which usually takes 20 mins, we delete the pictures from our servers in 24 Hours. We don't process the generated images further, and don't use them.
How do we use the collected face data? Provide a complete and clear explanation of all planned uses of this data.
We use the collected face data to generate the user's personalised AI avatar. The data is processed through our AI algorithms to create a 3D model of the user's facial features, which is then used to create the avatar. We do not use this data for any other purposes.
Will the data be shared with any third parties? Where will this information be stored?
We do not share any collected face data with third parties. The data is stored securely on our servers and is accessible only to authorised personnel. We take appropriate measures to ensure the safety and privacy of all collected data.
How long will face data be retained?
As soon as the avatars are generated, the user’s photos are deleted in 24 Hours and the associated trained models are erased permanently from our servers after 30 days. We keep these trained models for 30 days as we offer users to recreate their avatars without uploading pictures for the period of 30 days from their order purchase date
Log Data
When you access our servers via our app, we may automatically log the standard data provided by your device. It may include your device's Internet Protocol (IP) address, your device type and version, your activity within the app, time and date, and other details about your usage.
Additionally, when you encounter certain errors while using the app, we automatically collect data about the error and the circumstances surrounding its occurrence. This data may include technical details about your device, what you were trying to do when the error happened, and other technical information relating to the problem. You may or may not receive notice of such errors, even in the moment they occur, that they have occurred, or what the nature of the error is.
Please be aware that while this information may not be personally identifying by itself, it may be possible to combine it with other data to personally identify individual persons.
Personal Information
We may ask for personal information — for example, when you submit content to us or when you contact us — which may include one or more of the following:
Name
Social media profiles
User-Generated Content
We consider “user-generated content” to be materials (text, image and/or video content) voluntarily supplied to us by our users for the purpose of publication on our platform, website or re-publishing on our social media channels. All user-generated content is associated with the account or email address used to submit the materials.
Please be aware that any content you submit for the purpose of publication will be public after posting (and subsequent review or vetting process). Once published, it may be accessible to third parties not covered under this privacy policy.
Legitimate Reasons for Processing Your Personal Information
We only collect and use your personal information when we have a legitimate reason for doing so. In which instance, we only collect personal information that is reasonably necessary to provide our services to you.
Collection and Use of Information
We may collect personal information from you when you do any of the following:
Register for an account
Enter any of our competitions, contests, sweepstakes, and surveys
Use a mobile device or web browser to access our content
Contact us via email, social media, or on any similar technologies
When you mention us on social media
We may collect, hold, use, and disclose information for the following purposes, and personal information will not be further processed in a manner that is incompatible with these purposes:
to provide you with our app and platform's core features and services
to enable you to access and use our app, associated platforms, and associated social media channels
to run competitions, sweepstakes, and/or offer additional benefits to you
We may combine voluntarily provided and automatically collected personal information with general information or research data we receive from other trusted sources. For example, If you consent to us accessing your social media profiles, we may combine information sourced from those profiles with information received from you directly to provide you with an enhanced experience of our app and services.
Security of Your Personal Information
When we collect and process personal information, and while we retain this information, we will protect it within commercially acceptable means to prevent loss and theft, as well as unauthorized access, disclosure, copying, use, or modification.
Although we will do our best to protect the personal information you provide to us, we advise that no method of electronic transmission or storage is 100% secure, and no one can guarantee absolute data security.
You are responsible for selecting any password and its overall security strength, ensuring the security of your own information within the bounds of our services. For example, ensuring any passwords associated with accessing your personal information and accounts are secure and confidential.
How Long We Keep Your Personal Information
We keep your personal information only for as long as we need to. This time period may depend on what we are using your information for, in accordance with this privacy policy. For example, if you have provided us with personal information as part of creating an account with us, we may retain this information for the duration your account exists on our system. If your personal information is no longer required for this purpose, we will delete it or make it anonymous by removing all details that identify you.
However, if necessary, we may retain your personal information for our compliance with a legal, accounting, or reporting obligation or for archiving purposes in the public interest, scientific, or historical research purposes or statistical purposes.
We do not aim any of our products or services directly at children under the age of 13, and we do not knowingly collect personal information about children under 13.
We may disclose personal information to:
a parent, subsidiary, or affiliate of our company
third-party service providers for the purpose of enabling them to provide their services, including (without limitation) IT service providers, data storage, hosting and server providers, ad networks, analytics, error loggers, debt collectors, maintenance or problem-solving providers, marketing or advertising providers, professional advisors, and payment systems operators
our employees, contractors, and/or related entities
our existing or potential agents or business partners
sponsors or promoters of any competition, sweepstakes, or promotion we run
credit reporting agencies, courts, tribunals, and regulatory authorities, in the event you fail to pay for goods or services we have provided to you
courts, tribunals, regulatory authorities, and law enforcement officers, as required by law, in connection with any actual or prospective legal proceedings, or to establish, exercise, or defend our legal rights
third parties, including agents or sub-contractors, who assist us in providing information, products, services, or direct marketing to you
third parties to collect and process data
an entity that buys, or to which we transfer all or substantially all of our assets and business
Third parties we currently use include:
Google Analytics
Google Payments
Your choice: By providing personal information to us, you understand we will collect, hold, use, and disclose your personal information in accordance with this privacy policy. You do not have to provide personal information to us, however, if you do not, it may affect your use of our app or the products and/or services offered on or through it.
Information from third parties: If we receive personal information about you from a third party, we will protect it as set out in this privacy policy. If you are a third party providing personal information about somebody else, you represent and warrant that you have such person’s consent to provide the personal information to us.
Marketing permission: If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by contacting us using the details below.
Access: You may request details of the personal information that we hold about you.
Correction: If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant, or misleading, please contact us using the details provided in this privacy policy. We will take reasonable steps to correct any information found to be inaccurate, incomplete, misleading, or out of date.
Non-discrimination: We will not discriminate against you for exercising any of your rights over your personal information. Unless your personal information is required to provide you with a particular service or offer (for example serving particular content to your device), we will not deny you goods or services and/or charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties, or provide you with a different level or quality of goods or services.
Notification of data breaches: We will comply with laws applicable to us in respect of any data breach.
Complaints: If you believe that we have breached a relevant data protection law and wish to make a complaint, please contact us using the details below and provide us with full details of the alleged breach. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take to deal with your complaint. You also have the right to contact a regulatory body or data protection authority in relation to your complaint.
Unsubscribe: To unsubscribe from our email database or opt-out of communications (including marketing communications), please contact us using the details provided in this privacy policy, or opt-out using the opt-out facilities provided in the communication. We may need to request specific information from you to help us confirm your identity.
Our privacy policy covers the use of cookies between your device and our servers. A cookie is a small piece of data that an app may store on your device, typically containing a unique identifier that allows the app servers to recognise your device when you use the app; information about your account, session and/or device; additional data that serves the purpose of the cookie, and any self-maintenance information about the cookie itself.
We use cookies to give your device access to core features of our app, to track app usage and performance on your device, to tailor your experience of our app based on your preferences, and to serve advertising to your device. Any communication of cookie data between your device and our servers occurs within a secure environment.
Please refer to our Cookie Policy for more information.
Our app may link to external sites that are not operated by us. Please be aware that we have no control over the content and policies of those sites, and cannot accept responsibility or liability for their respective privacy practices.
At our discretion, we may change our privacy policy to reflect updates to our business processes, current acceptable practices, or legislative or regulatory changes. If we decide to change this privacy policy, we will post the changes here and on our website.
If the changes are significant, or if required by applicable law, we will contact you (based on your selected preferences for communications from us) and all our registered users with the new details and links to the updated or changed policy.
If required by law, we will get your permission or give you the opportunity to opt in to or opt out of, as applicable, any new uses of your personal information.
Data Controller / Data Processor
The GDPR distinguishes between organisations that process personal information for their own purposes (known as “data controllers”) and organizations that process personal information on behalf of other organizations (known as “data processors”). We, Generative AI Magic Tools By Phot.AI, CogniAI Pvt Ltd located at the address provided in our Contact Us section, are a Data Controller with respect to the personal information you provide to us.
Legal Bases for Processing Your Personal Information
We will only collect and use your personal information when we have a legal right to do so. In which case, we will collect and use your personal information lawfully, fairly, and in a transparent manner. If we seek your consent to process your personal information, and you are under 16 years of age, we will seek your parent or legal guardian’s consent to process your personal information for that specific purpose.
Our lawful bases depend on the services you use and how you use them. This means we only collect and use your information on the following grounds:
Consent From You
Where you give us consent to collect and use your personal information for a specific purpose. You may withdraw your consent at any time using the facilities we provide; however this will not affect any use of your information that has already taken place. You may consent to providing your name and contact details for the purpose of entering a giveaway or promotion. While you may withdraw your entry at any time, this will not affect any selection or judging that has already taken place. If you have any further enquiries about how to withdraw your consent, please feel free to enquire using the details provided in the Contact Us section of this privacy policy.
Performance of a Contract or Transaction
Where you have entered into a contract or transaction with us, or in order to take preparatory steps prior to our entering into a contract or transaction with you. For example, we need technical information about your device in order to provide the essential features of our app.
Our Legitimate Interests
Where we assess it is necessary for our legitimate interests, such as for us to provide, operate, improve and communicate our services. For example, we collect technical information about your device in order to improve and personalize your experience of our app. We consider our legitimate interests to include research and development, understanding our audience, marketing and promoting our services, measures taken to operate our services efficiently, marketing analysis, and measures taken to protect our legal rights and interests.
Your Rights and Controlling Your Personal Information
Restrict: You have the right to request that we restrict the processing of your personal information if (i) you are concerned about the accuracy of your personal information; (ii) you believe your personal information has been unlawfully processed; (iii) you need us to maintain the personal information solely for the purpose of a legal claim; or (iv) we are in the process of considering your objection in relation to processing on the basis of legitimate interests.
Objecting to processing: You have the right to object to processing of your personal information that is based on our legitimate interests or public interest. If this is done, we must provide compelling legitimate grounds for the processing which overrides your interests, rights, and freedoms, in order to proceed with the processing of your personal information.
Data portability: You may have the right to request a copy of the personal information we hold about you. Where possible, we will provide this information in CSV format or other easily readable machine format. You may also have the right to request that we transfer this personal information to a third party.
Deletion: You may have a right to request that we delete the personal information we hold about you at any time, and we will take reasonable steps to delete your personal information from our current records. If you ask us to delete your personal information, we will let you know how the deletion affects your use of our app, website or products and services. There may be exceptions to this right for specific legal reasons which, if applicable, we will set out for you in response to your request. If you terminate or delete your account, we will delete your personal information within 14 days of the deletion of your account. Please be aware that search engines and similar third parties may still retain copies of your personal information that has been made public at least once, like certain profile information and public comments, even after you have deleted the information from our services or deactivated your account.
For any questions or concerns regarding your privacy, you may contact us using the following details:
support@phot.ai