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© 2022 Mimesis, Inc.

Legal

Privacy Policy

Welcome to www.nufa.ai  (the “Website”) and Nufa (the “Application”), (both the “Services”), provided by Mimesis, Inc., a Delaware corporation, (“Company”, “we” or “us”). This Privacy Policy (the “Policy” or the “Privacy Policy”) is meant to help you understand what information we collect, why we collect it, how we process and store it and explain the rights that you have with regard to your personal data as well as our responsibilities regarding the processing of your personal data.

For the purpose of this Policy any information that can directly or indirectly be used to identify a person shall be defined as “personal data”, “personally-Identifiable Information” or “personal information”.

Please note that this policy does not apply to the privacy practices of third parties that we do not own or control, including but not limited to any third party websites, services, applications, online resources to which the Website or Application may link or which may provide a link to our Website or Application.

I. Personal Data That We Collect

a) Personally-Identifiable Information. We may collect the following personal data when you use the Services:

  • Name (first name and/or family name);
  • email address;
  • phone numbers;
  • photographs, as long as they can be used to identify an individual;
  • name;
  • date of birth;
  • credit or debit card type, expiration date, and certain digits of your card
  • number (For security, we never store your full card number);
  • ZIP/postal code;
  • mobile phone number;
  • details of your purchase and payment history;
  • IP address;
  • log data;

You may always choose not to provide personally identifiable information, but if you so choose, certain parts of the Services may not be available to you. If you have registered an account with us, you will have agreed to provide your personally identifiable information in order to access the Services. This consent provides us with the legal basis we require under applicable law to process your data. You maintain the right to withdraw such consent at any time. If you do not agree to our use of your personal data in line with this Policy, please do not use our Services.

b) Non-Personally-Identifiable Information. We may collect and aggregate non-personally identifiable information which is information which cannot be used by itself or in combination with other information to identify you as an individual. This information may include information such as:

  • Information about your use of the Services;
  • contents that you publish, upload or create by using the Services; and
  • technical data, including the URL you are accessing the Website or Application from, IP address, unique device ID, information about network- and device capacity, type of browser, language and information about identification and OS.

c) Cookies and Tracking Technologies. We may use cookies and tracking technologies to collect personal data from users. Cookies are small data files stored on your device’s hard drive by a website or an application. Usually, the information that we collect automatically through cookies is statistical data and cannot be used to identify you as an individual. It helps us to improve our Website and Application and to deliver a better and more personalized service.

Upon your visit of our Website or Application, we will ask you whether you wish us to use cookies. If you choose not to accept them, we shall not use them for your visit and use of our Services except to record that you have not consented to their use for any other purpose. If you choose not to use cookies or you prevent their use through your browser settings, you will not be able to use all the functionality of our Website and Application.

d) Refunds iOS. If we receive a refund request for an in-app purchase from an end user, we reserve the right to provide Apple with information regarding the user’s in-app purchase consumption. This includes the following data:

  • app usage time;
  • anonymous account identifier;
  • total amount spent;
  • total amount refunded;

II. What We Do with The Information That We Collect

We process your Personal data for the following purposes:

a) to administer your account with us, to provide and make the Services accessible and personalized to you and to improve your user experience and to further make sure we deliver on our obligations to you as a user;
b) to send you notices and messages;
c) to inform you on updates of the Services, the Privacy policy or other contractual agreements;
d) to improve and develop the Services, and to analyze your use of the Services;
e) Maintain security in the technical functions of the Services and prevent misuse of the Services;
f) to fulfill any contractual agreements, including protecting our rights, our property and security; and
g) to fulfill requirements in mandatory applicable law.

III. Legal Grounds

We process Personal data based on the following legal grounds:

a) Fulfillment of contract. We process your Personal data to provide you with the Services in accordance with the agreement entered into between us and you as a subscriber, or to take necessary steps based on the requests of a user prior to entering into an agreement regarding the Services.
b) Legitimate Interest. The processing of your Personal data can also be based on our legitimate interest to operate, administrate, maintain and improve our Website, Application and our Services, including responding to requests from you. This also includes sending information related to the Website and Application to you.

You have the right to object to the processing of Personal data based on a legitimate interest. If we receive your objection, we will inform you on the basis on which we have balanced our legitimate interest against yours as an individual.

 

IV. Disclosure of Personal Data

We will not disclose your personal information to any third parties and we do not share, sell, rent, or trade your personal information with third parties for their commercial purposes, however, we reserve the right to disclose information about you to third parties to third-parties for assistance in improving our Services. Additionally, we may disclose personal and non-personally identifiable information with third parties service providers, engaged by us to provide technical support, hosting services, testing, network security or statistical services, any such disclosure will be subject to confidentiality obligations.

We may also disclose information about you to third-parties where we have a good faith belief that such disclosure is necessary in order to: (i) protect, enforce, or defend the legal rights, privacy, safety, or property of our Company, our affiliates or their employees, agents and contractors (including enforcement of our agreements and our terms of use); (ii) protect the safety, privacy, and security of our users and employees, owners, or members of the public; (iii) protect against fraud or for risk management purposes; (iv) comply with the law or legal process; or (v) respond to requests from public and government authorities.

V. Security

We are committed to ensuring that the information you provide to us is secure from accidental loss and from unauthorized access, use, alteration and disclosure. We have implemented suitable physical, electronic and organizational measures to safeguard and secure information and protect it from misuse, interference, loss and unauthorized access, modification and disclosure.

  • All information you provide to us is stored on our secure servers behind firewalls.
  • We restrict access to personal information to employees, contractors and agents who are bound by confidentiality obligations and may be subject to discipline, including termination and legal action, if they fail to meet the obligations for data confidentiality and integrity.
  • Areas of our Website or Application that collect personal data use encryption or other types of pseudonymization.
  • In the event of a physical or technical incident, we will be able to restore the availability and access to personal data in a timely manner.

Please be aware that despite our best efforts, no data security measures can guarantee 100% security. The security and safety of your personal information is also your own responsibility. We advise you to keep your account log-in details confidential and not share them with anyone in order to prevent unauthorized access to your account and personal information.

VI. Data Retention

We will retain your personal information for as long as is necessary for the performance of the contract between you and us and to comply with our legal obligations. In certain jurisdictions, you can request to have all your personal information deleted entirely, we will accommodate such requests within 30 days.

Please note that if you request the erasure of your personal information, we may still retain some of your personal information, as follows:

  • for our legitimate business interests, such as fraud detection and prevention and enhancing safety.
  • to the extent necessary to comply with our legal obligations. For example, for tax, legal reporting and auditing obligations.
  • information you have shared with others (e.g., Reviews, forum postings) may continue to be publicly visible on or through the Services, even after your account is canceled. Additionally, some copies of your information (e.g., log records) may remain in our database, but are disassociated from personal identifiers.
  • because we maintain the Services to protect from accidental or malicious loss and destruction, residual copies of your personal information may not be removed from our backup systems for a limited period of time.

VII. Children

We do not knowingly collect personal information from users under the age of thirteen (13). If you are a parent or guardian of a person under the age of thirteen (13) and you become aware of that the child has provided Personal data to us without your consent, please contact info@nufa.ai to exercise your access, rectification, erasure, limiting of processing and objection rights.

VIII. Your Rights

Consistent with applicable law, you may exercise any of the rights described in this section.

a) You have an absolute right to object to the processing of your personal data for direct marketing. You also have the right to withdraw your prior given consent, if applicable. The withdrawal of your consent does not affect the lawfulness of the processing based on the consent before its withdrawal, and we may continue processing your personal data based on other legal grounds, except for direct marketing.
b) You have the right to request access and further information concerning the processing of your personal data, or request that we correct, rectify, complete, erase or restrict the processing of your personal data.
c) You have the right to obtain a copy of the personal data that we process relating to you free of charge once (1) every calendar year. For any additional copies requested by you, we may charge a reasonable fee based on administrative costs.
d) If the processing is based on the legal grounds consent or fulfillment of contract you have the right to data portability. Data portability means that you can receive the personal data that you have provided to us, in a structured, commonly used and machine-readable format, and have the right to transfer such data to another data controllers.

IX. Special Note to California Privacy Rights

California Civil Code Section 1798.83, also known as the “Shine the Light” law, permits consumers who are California residents to request a list of certain third parties to which we have disclosed personally identifiable information about you for their own direct marketing purposes. You may make one request per calendar year. In your request, please attest to the fact that you are a California resident and provide a current California address for your response. You may request this information in writing by contacting us at: info@nufa.ai. Please allow up to thirty (30) days for a response. Please note that such disclosure requirements apply only if we share our consumers’ personal information with third parties for them to directly market their own products to those consumers (which we currently do not do), instead of assisting us with our own business.

X. Changes to This Privacy Policy

We reserve the right to, at our own discretion, make changes to this Privacy Policy. If we do so, we will inform you upon your use of the Website or Application or by email if changes are extensive. If the changes require your consent, we will give you further notice about this in a way that is suitable under the circumstances and ask for your consent.

XI. Face Data

We are committed to delivering different tools. Our Services may use modern approaches and settings including machine learning or artificial intelligence algorithms to provide you with personalized solutions that meet the needs of your creativity. While using face effects we need to show them in the right place in your photos to realize the final result of how the tool works. This information is not used to identify you. Our Services explicitly do not utilize facial recognition, biometric templates, or any other systems regulated by law. These functionalities are not permitted within the scope of our application. We stick to strict compliance with applicable regulations, ensuring that no activities involving facial information (hereinafter referred to as “Face Data”) or the creation and storage of biometric templates take place. Our focus is on maintaining compliance and upholding user privacy within the authorized and permissible parameters of the app. When you use our application, we may collect information about you, including photographs you provide when you use the application, via your camera or camera roll. This may include capturing and storing images or videos containing Face Data. We obtain only the specific images you chose to modify using the application; we do not collect your photo albums even if you grant us access to them.

The data we gather as part of our services does not encompass biometric information, as photographs are expressly excluded from the category of data classified as biometric identifiers. However, we acknowledge that photographs, especially those containing Face Data, merit the same or an even more protective level of care as we apply to the storage, transmission, and protection of other confidential and sensitive information.

In compliance with the law, we are committed that:

  • The Face Data is solely used for the purpose of providing specific features and functionalities within the application. Nufa does not store Face Data. Furthermore, we do not share Face Data with any third parties. All Face Data processed to create your requested photos or videos is permanently deleted immediately upon completion of the generation process.
  • Consent and User Control. We herein obtain your explicit consent before collecting and processing any personal data including photographs containing Face Data. You have the right to control and manage the face data shared with our application. We will seek additional consent if we intend to use your information for any other purpose not mentioned herein.
  • Storage and Security. We store photographs containing Face Data securely on our servers or locally on your device, ensuring appropriate technical and organizational measures are in place to protect it from unauthorized access or disclosure.
  • Photographs containing Face Data will be retained for the duration necessary to fulfill the purposes for which it was collected. We have established a retention and deletion schedule in accordance with applicable laws. Once the purpose has been fulfilled or your consent is withdrawn, we will take steps to securely delete and destroy your data.
  • In the case of generating features using Artificial Intelligence, additional configurations based on deep learning and text-to-image mechanisms may be required. As a result, processing activities are carried out on our server.
  • We store your original source photographs containing Face Data for no longer than 60 (sixty) calendar days. Your content is stored on our servers so that they remain accessible to you in the application at any time and from any device until you decide to delete them.
  • We implement industry-standard security measures to protect information from unauthorized access, disclosure, alteration, and destruction. Our commitment to security includes encryption and access controls.
  • Third-Party Access and Data Sharing. We do not share or disclose your photographs containing Face Data to any third parties unless explicitly stated otherwise and with your prior consent.
  • Data Retention. You have the right to request the deletion of your photographs containing Face Data at any time. For detailed information regarding common provisions of Data Retention please see Section VI. Data Retention herein.
  • We do not sell, lease, trade, or otherwise profit from your biometric identifier or biometric information.

XII. Contact Information

If you have any questions, comments, complaints or concerns regarding this Policy, you can contact us anytime at the following address: info@nufa.ai. We take complaints very seriously and will respond shortly after receiving written notice of your complaint.

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