Privacy & Terms

By using our Mobile app, websites, products, services, or otherwise by interacting with Us, you consent to the following privacy policy (“Privacy Policy”). Please do not engage in any of these activities if you do not agree with the terms of this Privacy Policy.

The Privacy Policy applies to the processing of personal data carried out by Metapix or any of its subsidiaries (“We”, “Our”, “Us” or “Metapix”).

Information Collected by Metapix

In general, Metapix will collect personal data from you based upon our business relationship, your use of the App, Site, Our services and Our products, as follows:

We respect the privacy of every individual who uses our Services. We collect certain personal information that you voluntarily provide to us. For example, we collect your name, email address, user name, social network information and other information you

provide us when you register, set up an account, contact us by e-mail or use our services. We may also obtain information from other companies and combine that with the information we collect on the Services; for example, when you link your account with Facebook, we might have access to your name and profile picture.

When you visit the Site, we automatically collect some information. Such information includes the type of browser you use, your browser’s language, access time or the website from which you linked to us. We also collect information about your computer’s operating system and information about your usage and activity on the Site. This information is only used to assist us in providing an effective service. We may, from time to time, supply the owners and operators of third party websites and mobile applications which have a link to our site or application with information about the number of users of our Site or Mobile. You cannot be identified from any of this information.

With your permission (on download or in the app), we may access and store the Content (your user name and photos) you provided while using our Mobile applications and Site. We may also edit stored photos, apply effects to them and use them to perform

marketing activities. Yet we will show your photos or your edited photos solely to you (for example by sending you promotional e-mails you opted-in).

We may also collect information about others if you use our Services to upload, share and/or distribute Content that contains information about them, including their name, image and online contact information.

Information You Provide To Us Directly

When you Use Metapix, you usually provide to us certain information, including your Personal Data:

Photos and (or) videos that you upload to Metapix, for example to use the Magic Avatars feature. Please note that we always delete all metadata that may be associated with your photos and (or) videos  by default (including, for example, geotags) before temporarily storing them to our systems.

Some editing features may use TrueDepth API (developed by Apple) technologies that provide information about facial position, orientation, and topology. Such information is used only on-device and is never stored on our servers.

We can access your photos and videos only after you grant us permission to access your camera or your devices’ photo library. You provide such a permission through the request that appears on your mobile device (it may differ depending on your device operating system). You may revoke permission to access your camera or photo library through the settings on your mobile device, and here’s how to do it.

Information about your gender: When you use our Magic Avatars feature, we ask you about your gender. This information is used by the AI model solely to generate the Avatars in accordance with the indicated gender: for example, if you choose to identify your gender as a female, then you will receive conventionally more feminine-like Avatars.

Your email: When you create an account with Metapix, we ask you to provide your email that will be further used for your sign-in process.

If you contact us, records, copies of your correspondence with us and contact details that you have provided us while making your inquiries (such as your name, postal addresses, email addresses and phone numbers or any other identifier by which you may be contacted online or offline), in order to investigate your concerns, respond to your inquiries and to monitor and improve our responses to your and other users inquiries in relation to Metapix.

Information We Collect Automatically

When you Use Metapix, we may automatically collect certain data about you. This data is needed for operation of Metapix and, among others, may be used for in-app analytics or marketing purposes. The data we collect automatically includes:

Device information: Information about your mobile device and internet connection, including your IP address, the device’s unique device identifier, operating system, and mobile network information.

Usage details: Details of your Use of Metapix, including frequency of Use, areas and features of the application that you access and engagement with particular features. This information is used for in-app event analytics and, upon your consent, for marketing purposes.

(If you have provided your consent) IDFA or Android Advertising ID, whichever is applicable to your device. If you want to disable the collection of IDFA and/or Android Advertising ID by Metapix, please follow the instructions below.

Details about your in-app purchases. This data is used to provide you with the Services and for our in-app analytics.

Such automatically collected data helps us operate Metapix and improve it to deliver better service, including but not limited to enabling us to estimate our audience size, and understand how you use Metapix and what you like and dislike the most.

The technologies we use for automatic data collection may include:

We use third-party analytics tools, such as Google Firebase, Meta, AppsFlyer and Amplitude, to help us measure traffic and usage trends for Metapix. These tools collect information via third-party analytics software development kits incorporated into Metapix, which includes your pseudonymised user ID and the information about Metapix web pages you visit when following the links available to you on Metapix, your actions in Metapix application and basic information about the type of subscription you have. We collect and use this analytics information in an aggregated manner with analytics information from other users so that it cannot reasonably be used to identify any particular user. For information on how third party analytics tools collect and process your data and to opt out of such collection.

How We Process Your Photos And Videos

We care about your privacy. With this in mind, most processing activities occur on your device only. There are, however, two exceptions to it: when you apply Art Styles to your photos and when you generate Avatars, since these functions require sophisticated computing resources to be performed.

Art Styles. To apply Art Styles, you have to upload your original photo to Metapix. At this point, your photo is stored on our servers (provided by Amazon Web Services (USA)). It is needed for your convenience so that you don’t have to re-upload the original photo every time to apply any new Art Style. ​​This also helps you spend less Internet traffic and makes the processing of Art Styled photos faster. We store your original photo on our servers for no longer than 24 hours. After 24 hours your original photo is deleted.

Magic Avatars. In order to generate Magic Avatars, you have to upload 10-20 photos to Metapix. At this point, your photos are stored on our servers (provided by GCP). Then, a copy of the Stable Diffusion model is created to be retrained with your photos to personalize the model and to create your Avatars. Immediately after the successful generation of Avatars, your original photos are deleted from our servers. Your purchased Avatars are stored on our servers so that they remain accessible to you in Metapix at any time and from any device until you decide to delete them.

Notwithstanding anything to the contrary elsewhere in this Privacy Policy:

We do not use photos, videos or Avatars to identify any individual user.

We do not use your photos, videos or Avatars for authentication, advertising, or marketing purposes, or to otherwise target a user in a similar manner.

We do not use your photos, videos or Avatars to build a user profile, or otherwise attempt, facilitate, or encourage third parties to identify anonymous users or reconstruct user profiles based on your photos, videos or Avatars.

We do not transfer, share, sell, or otherwise provide your photos, videos or Avatars to advertising platforms, analytics providers, data brokers, information resellers or other such parties.

• Human Resources

We collect information about you when you submit a job application, resume, survey responses or similar information.

• Push Notification

If you wish to subscribe to Our Push Notification, We will use your name and Phone to send the notification to you. Out of respect for your privacy, you have the option not to enable push notification.

• Service Data

To use our Services, you should provide a photo prior to the event of photo editing. Since the processing requires Internet connection and is performed on our servers the photos are sent there through the encrypted connection. We use Secure Socket

Layer technology to protect the privacy and integrity of the transmission process. For registered users who share their results within the Services that provide special social network features, the shared content will be stored on the servers and shown within the Services unless a user either removes the images themselves or requests such a removal by contacting our support team.

How We Use Information

We may use data We obtain as described above for purposes relating to our App, website and services, including

(a) Providing the Photo editing services to you,

(b) Facilitating third parties to participate in the provision and improvement of the app, Website and services (including without

limitation hosting partners, AI technology provider and other service providers),

(c) Raising queries with you, and responding to issues you may raise, whether relating to our services or otherwise,

(d) Surveys and other customer satisfaction-related activities,

(e) Progressing job applications, to perform credit checks and,

(f) Verification of personal or business data and payment details and other checks.

Service Related Announcement

We will send you service-related announcements when it is necessary to do so. For instance, if Our service is temporarily suspended for maintenance, We might send you an Notification. Generally, you may not opt-out of these communications, which are not

promotional in nature. If you do not wish to receive them, you have the option to deactivate your account.

Customer Service

We will also communicate with you in response to your customer service enquiries, to provide the services you request, and to manage your account.

Disclosures and Sharing of Information

As a matter of policy, We do not sell or rent any of your information to third parties for any advertising or marketing purposes. However, the following describes some of the ways that We may disclose your information in the normal course of providing Our services.

Parties with whom we may share your Personal Data.

We may share your Personal Data with businesses that are legally part of the same group of companies that we are part of, including our subsidiaries (“Affiliates”). The Affiliates act as our data processors and may perform data processing on our behalf (e.g., providing technical support or conducting analytics). Such Affiliates are bound by appropriate contractual safeguards in place.

We also may share your Personal Data, and other collected information with third-party organizations such as contractors and service providers that we use to support our business and who are bound by confidentiality and data protection terms (consistent with this Privacy Policy) to keep your Personal Data confidential and use it only based on our instructions (“Service Providers”).

Such Service Providers include:

cloud providers Google Cloud Platform and Amazon Web Services, which we use when you choose to upload your photos or videos to Metapix,

third-party analytics, as specified in this Privacy Policy, email delivery services, and

Third-party advertising partners (for information on how third-party advertising partners collect and process your data and to opt out of such collection and processing.Upon your consent, we send some of your Personal Data (e.g., your device information and details about your in-app purchases) for marketing and promotional purposes to our advertising partners (e.g., AppsFlyer, Meta). By these means, we are able to reach you and people like you on various platforms.

For the avoidance of doubt, we do not share or transfer your photos, videos and Avatars to third parties (except temporarily storing your photos, videos and Avatars to our cloud providers Google Cloud Platform and Amazon Web Services to provide online processing function, and thereafter deleting such photos, videos and Avatars as described in this Privacy Policy). We use only secure places of storage, such as Google Cloud Platform and Amazon Web Services. Google LLC and Amazon Web Services, Inc. are located in the United States of America.

What happens in the event of a change of control. If we sell or otherwise transfer part or the whole of the Company or our assets to another organization (e.g., in the course of a transaction like a merger, divestiture, restructuring, reorganization, acquisition, bankruptcy, dissolution, liquidation), your Personal Data and any other collected information may be among the items sold or transferred.

Responding to legal requests and preventing harm. We may access, preserve and share your information in response to a legal (like a search warrant, court order or subpoena), government or regulatory request if we have a good faith belief that the law requires us to do so. This may include responding to legal, government or regulatory requests from jurisdictions where we have a good faith belief that the response is required by law in that jurisdiction, affects users in that jurisdiction, and is consistent with internationally recognized standards. We may also access, preserve and share information when we have a good faith belief it is necessary to: (i) detect, prevent and address fraud and other illegal activity; (ii) protect ourselves, you and others, including as part of investigations; and (iii) prevent death or imminent bodily harm. Information we receive about you may be accessed, processed and retained for an extended period of time when it is the subject of a legal request or obligation, governmental investigation, or investigations concerning possible violations of our terms or policies, or otherwise to prevent harm.

Disclosures to our Service Providers

Your personal data may be transferred to and processed by third party providers and suppliers which perform services for Us (data processors), to enable these companies to perform the services requested by Company. Only personal data that is necessary to fulfill the purposes will be provided to these companies. All third party providers and suppliers must follow Our instructions and applicable written data processor agreements and any other agreements that are in place between Us and Our third party providers/suppliers, and must implement appropriate technical and organizational measures for the protection of the personal data. For a complete list of Our data processors.

The Customer agrees that Metapix may engage Metapix Affiliate or third parties to process personal data in order to assist Metapix to deliver the Services on behalf of the Customer (“Sub-processors”). Metapix has or will enter into a written agreement with each Sub-processor containing data protection obligations not less protective than those in this DPA to the extent applicable to the nature of the Services provided by such Sub-processor.

Legal Requests & Compliance with Laws

We reserve the right to disclose information as required by law or regulation and when We believe that disclosure is necessary to protect Our rights and/or to comply with a judicial proceeding, court order, or legal process. Notwithstanding any provisions herein, We may disclose Personal Data to governmental authorities when required or reasonably requested to do so by such governmental authorities. This Privacy Policy does not apply to the extent that it is in conflict with any law that may be applicable to the Personal Data of a Data Subject.

Disclosure of Information to Metapix Affiliates

Because Metapix is a global company, We may share your information with other Metapix affiliates and business units in other parts of the world in order to provide you with Our services. Your Personal Data may be transferred by Us from your home country to Metapix employees in Metapix offices around the world, who may communicate with you regarding your enquiry. Please understand that We limit access to your Personal

Data to only those Metapix employees who We believe need access in order to provide services to you or to otherwise perform their duties.

De-identification

Metapix may de-identify or depersonalize data into anonymized and aggregate data that it derives from Customers (“Anonymous Data”). Anonymous Data means data that includes no Personal Data or unique identifiers that could later be used to refer to the Personal Data to which the data was once associated. Metapix uses only Anonymous Data in performing analyses, and may disclose Anonymous Data to its Customers who have requested such analyses and to third parties where We are contractually entitled to do so.

This Site is Not for Use by Children

Protecting the privacy of children is important to Metapix. For that reason, the Site is structured specifically to not attract anyone under 13, nor do We collect or maintain Personal Data on the Site from those who Metapix actually knows are under 13. If Metapix learns or is notified that it has collected information from users under the age of 13, Metapix will immediately delete such Personal Data. Children

General age limitation. Metapix is not intended for or directed at children under 13, and we do not knowingly collect or solicit any information from anyone under the age of 13 or knowingly allow such persons to Use Metapix. If you are under 13, do not: (i) Use or provide any information in Metapix or through any of its features, or (ii) provide any information about yourself to us, including your name, address, telephone number or email address. In the event that we learn that we have collected or received any Personal Data from a child under 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe we might have any information from or about a child under 13, please contact us (for contact information, please, see How to Contact Us Section).

Age limitation for EEA residents. Due to requirements of the GDPR, you shall be at least 16 years old in order to Use Metapix. To the extent prohibited by applicable law, we do not allow Use of Metapix by the EEA residents younger than 16 years old. If you are aware of anyone younger than 16 Using Metapix, please contact us (for contact information, please, see “How to Contact Us” Section), and we will take the required steps to delete the information provided by such persons.

Opt-Out

We provide you the opportunity to ‘opt-out’ of having your Personal Data used for certain purposes, when We ask for this information. For example, if you register with Us but no longer wish to receive Our newsletters and/or related communications, you may opt-out of receiving them by following the instructions included in each newsletter or communication or by emailing Us at [email protected]

Security

The technology that we use and the policies that we have implemented are intended to safeguard your privacy from unauthorized access and improper use. We will continue to update these measures as new technology becomes available. However, we cannot guarantee that unauthorized third parties will not be able to defeat our security measures. If you use a password on our Services, you are responsible for keeping it confidential. Do not share it with any other person. If you believe your password has been misused or your account compromised, please advise us immediately.

1. Data Security Measures: Apple takes the security of your data seriously and has implemented appropriate technical and organizational measures to protect your data from unauthorized access, use, or disclosure. These measures include encryption, secure storage, and regular security assessments.
2. Restriction of Access: Access to your data is restricted to authorized personnel only, and all employees are required to comply with our security policies and procedures.
3. Data Incident Response: In the event of a data incident, we will take appropriate steps to contain and investigate the incident, as well as notify affected individuals and regulatory authorities as required by law.
4. Compliance with Laws and Regulations: We comply with all relevant laws and regulations related to data security, including the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA).
5. Data Retention: We retain data for as long as necessary for the purposes for which it was collected, in accordance with our data retention policy and applicable laws and regulations.
6. Your Responsibilities: You are responsible for maintaining the security of your account and any data you upload to our services, such as by using strong passwords and keeping your account information up to date.

Disclaimer

We cannot ensure that all of your private communications and other Personal Data will never be disclosed in ways not otherwise described in this Privacy Policy. By way of example (without limiting the foregoing), We may be forced to disclose Personal Data to the government or third parties under certain circumstances, third parties may unlawfully intercept or access transmissions or private communications, or users may abuse or misuse your Personal Data that they collect from the Site. Metapix does not review, comment upon, or monitor its Customers’ compliance

with their respective privacy policies, nor does Metapix review Customer instructions to determine whether they are in compliance or conflict with the terms of a Customer’s published privacy policy.

Third Parties

Please be advised this Privacy Policy does not apply to the practices of companies that Metapix does not own or control, or to people that Metapix does not employ or manage. This includes links to other websites on the Site as well as any companies from whom you may have ordered services or products that are transmitted over Metapix network, and any companies from whom you may be purchasing telecommunications services. Metapix recommends that you be aware when you leave the Site and read the terms of use and privacy policies of any site, product or service that collects Personal Data.

Changes to this Privacy Policy

We reserve the right to modify this Privacy Policy at any time, so please review it regularly. If We make changes to this Privacy Policy, We will post the revised Privacy Policy on the Site and other places We deem appropriate. All such changes shall be binding on you 30 days after they are initially posted on the Site unless you are a new user, in which case they are binding on you immediately.

Acquisitions

If another company acquires Metapix or its assets, that company will (a) process that Personal Data held by Metapix, and (b) assume the rights and obligations regarding such Personal Data described in this Privacy Policy.

Media

If you upload images to the

website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.

Cookies

If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.

If you visit our login page, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.

When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.

If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.

These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.

The Purposes And Our Legal Bases For Processing Your Personal Data

We use your information other than photos and videos for the following purposes:

To carry out our obligations and enforce our rights arising from any contracts entered into between you and us in relation to Metapix (e.g., the Terms of Use).

To provide you with support and to respond to your inquiries. If you share your Personal Data (including your name and contact information) to ask a question about Metapix, we will use that Personal Data to investigate your concerns, respond to your inquiries and to monitor and improve our responses to your and other users inquiries in relation to Metapix. It is our legitimate interest to provide you with high-quality support.

To notify you about changes to Metapix or any products or services we offer or provide through Metapix, including by sending you technical notices, notices about your account/subscription, including expiration and renewal notices, updates, security alerts and support and administrative messages, which we may send through an in-app or a push notification (you may opt-out of push notifications by changing the settings on your mobile device). It is our legitimate interest to keep you updated on your use of Metapix.

To present to you and others with Metapix and its contents and any other information, products or services that you request from us. We do so to provide you with the services according to our contractual obligation.

To monitor aggregated metrics such as total number of users, traffic, and demographic patterns (including via Service Providers as specified in Section 7). It is our legitimate interest to make aggregated analytics of our audience as it helps us understand our business metrics and improve our product.

To provide, improve, test, and monitor the effectiveness of Metapix in an aggregated manner. It is our legitimate interest to make analytics of our audience as it helps us understand our product and business metrics.

When you choose to use the Magic Avatars feature, you provide your gender identification, which is used to retrain the separate copy of the Stable Diffusion model to generate Avatars based on your particular photos. It is our contractual obligation to ensure that we provide you with the requested service. This data is deleted immediately after the Avatars are successfully generated.

In order to apply Art Styles, for you to use them faster and more conveniently, we store your original photo for 24 hours. After 24 hours your original photo will be deleted.

To provide personalized content and information to you in relation to Metapix, which could include online ads or other forms of marketing (including via email). We do so upon your explicit consent.

Upon users’ consent, for marketing purposes in order to find audiences similar to our users. For this processing we share, among others, users’ Use details, device information, and in-app purchase details with our third-party advertising partners.

In any other way, as described in this Privacy Policy.

We will not process your Personal Data in a way that is incompatible with the purposes for which it has been collected or authorized by you in accordance with this Section 5 or collect any Personal Data that is not required for the mentioned purposes (“purpose limitation principle”).

For any new purpose of processing that is not compatible with any of the purposes mentioned above, we will ask for your separate explicit consent.

To the extent necessary for any of the processing purposes, we take all reasonable steps to ensure that your Personal Data is reliable for its intended use, accurate, complete and current.

YOUR RIGHTS

Right to Access and Rectification

You have the right to request access to the personal data relating to you. This includes the right to be informed whether or not personal data about you is being processed, what personal data is being processed, and the purpose of the processing. You also have the right to rectify or add personal data if the personal data is inaccurate or incomplete.

Right to Erasure

You may also request that your personal data be erased if e.g. the personal data is no longer necessary for the purposes for which it was collected, the processing is unlawful, or the personal data has to be erased to enable us to comply with a legal requirement. There are other circumstances where your personal data can be erased; please contact Us if you would like to find out whether your personal data can be erased (see below for contact details). Please note that We may reject your request if the processing is permitted or required according to law or any other relevant legal ground.

Right to Object

You are also entitled to object to certain processing or request that the processing of the personal data be restricted if you believe the personal data may not be correct, if you believe the processing is unlawful, or if you believe that Metapix no longer needs the personal data for the purposes stated in this policy.

Right to Data Probability

If you request access to personal data about you that you yourself have provided and if the personal data is being processed automatically with your consent or in accordance with a contract between you and Us, you may request that the data is provided in a structured, commonly-used and machine readable format and you may also request that the personal data is transmitted to another controller, if this is technically feasible.

How long we retain your data

If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue. For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.

Contact Information

If you would like to contact us with enquiries or complaints or regarding your rights, limit or opt-out of certain communications, or if you have suggestions for improving this privacy policy, please send an e-mail to [email protected]. Once we have confirmed your identity we will use reasonable commercial efforts to address any concerns that you may have in accordance with applicable law. Please note that even if you object to certain processing of personal data, We may still continue this processing if permitted or required to do so by law, for example to enable us to fulfill legal requirements, or fulfil obligations under a contract with you.

Terms of Use

At the Apple Store, we take the protection of your personal information, including your face data, very seriously. This Privacy Policy outlines the types of face data we collect, how we use it, and the steps we take to protect it.

1. Types of Face Data Collected: We collect face data when you use certain features on our app, such as facial recognition or facial detection. This data includes information about your facial features, such as the shape of your eyes, nose, and mouth. We also collect images of your face, which are used to create a facial map. We use this to generate your desired photo edits and not for any other use case.
2. How We Use Face Data: We use face data to create your desired photo edits in our app. We do not use face data to personalize your experience or show you content that is relevant to you.
3. Data Sharing and Disclosure: We do not share or disclose your face data with any third parties, except as required by law or to protect the rights, property, or safety of the Apple Store or our customers.
4. Data Security: We take reasonable and appropriate measures to protect your face data from unauthorized access, use, or disclosure. This includes implementing technical and organizational measures such as encryption and secure storage.
5. Your Choices: You have the right to access, correct, and delete your face data at any time. You also have the right to opt-out of the collection and use of your face data for certain purposes, such as facial recognition or personalization.
6. Contact Us: If you have any questions or concerns about this Privacy Policy or our collection and use of face data, please contact us at [email protected]
7. How long will face data be retained? The face data will be retained unless deleted by you. You can always access, correct, and delete your face data at any time from your profile tab.