facemagic

Privacy Policy

The Privacy Policy was updated on [17/5/2021]

Introduction

Welcome to FaceMagic (the “App”), which is provided by Deepart Limited (“we”, “us “or “our”). FaceMagic is an online face swap application that uses artificial intelligence algorithms to generate a unique content (“Services”). We are committed to protecting and respecting your privacy. We take your privacy seriously and we will collect, process and use your personal information to provide the services only after obtaining your consent.

By downloading, using, accessing this App, you agree to this privacy policy which explains when, where, how and why we collect personal information about you, how we use the information, the conditions under which we may disclose it to others, your rights in respect of your personal information, as well as how we keep it secure.

1. Information we collect

1.1 When you use our Services, we collect the information that you provide us directly:

  • a. Photos, GIFs and Videos. We may collect the photos, gifs, and videos when you upload from your mobile devices while using the App after your agreement. Please note, the photos with faces will be deleted automatically once the new video generated.
  • b. Facial Features. We may collect the facial feature data separately from your photos only to provide you with the face-swapping functionality of the APP. Please note, we collect the facial feature data that is not biometric data.

1.2 When you access and use the App, we may automatically collect certain details of your access to and use of the App.

  • a. Usage Details. These details includes traffic data, logs, and other communication data and the resources that you access and use on or through the App.
  • b. Device Information. We may collect information about your mobile device and internet connection, including the device's unique device identifier, operating system, browser type, and mobile network information.

2. How We Collect It

When You download, access, and use the App, we may obtain the collection of information with different kinds. Please note, the technologies for collection is entirely from the third parties and the technologies they use for automatic information collection may include:

  • a. Cookies (and similar technologies). Like most online services and mobile applications, we may use cookies — tiny pieces of code that remain in your device after you have visited any websites and online services. When you use that website or application for the next time these pieces enable their owner to provide you with information customized for your needs.
  • b. Web Beacons. Pages of the App may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count users who have visited those pages and for other related App statistics.

3. How We Use Your Information

3.1 We do not use your photos or facial features for any reason other than to provide you with the related functionality of the App. In no way will we use your photos or facial features for face recognition, as we do not introduce the face recognition technologies or other technical means for the processing of biometric data for the unique identification or authentication of a user.

3.2 We use your information other than photos or facial features to:

  • a. Provide you with the App and its contents, and any other information, products or services that you request from us.
  • b. Fulfill any other purpose for which you provide it.
  • c. Carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
  • d. Notify you when App updates are available, and of changes to any products or services we offer or provide though it.

3.3 The usage and device information we collect helps us to improve our App and to deliver a better and more personalized experience by enabling us to:

  • a. Estimate our audience size and usage patterns.
  • b. Store information about your preferences, allowing us to customize our App according to your individual interests.
  • c. Speed up your searches.
  • d. Recognize you when you use the App without registration.

If we decides to change the purposes of processing specified above, we will inform you on such changes prior to use your personal information within the newly set purposes and ask for your separate consent if required by the applicable laws.

4. Third-Party Information Collection

4.1 When You use the App, certain third parties may use automatic information collection technologies to collect information about You or Your device. Third parties that we use to collect data regarding App users include:

  • a. Umeng (https://umeng.com), which collects App user behavior information.
  • b. Firebase Crashlytics ( https://firebase.google.com), which helps track, prioritize, and fix App stability issues.
  • c. Google Admob( https://admob.google.com/),which may use cookies or web beacons to deliver targeted advertising towards users based on preference information it collects.
  • d. Facebook Business( https://www.facebook.com/business/ ), which collects information to identify where download comes from.
  • e. Google Ads( https://ads.google.com/ ), which collects information to identify where download comes from.

These third parties may use tracking technologies to collect information about You when using this App.

4.2 We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

5. Data Retention and Transfer

5.1 The Generated content will be stored for 24 hours, while the photos, GIFs or videos which you directly upload as materials for face-swapping will be stored in remote server in HK and exclusively during your use of the Services. The retention makes it convenient for You to quickly access to the Generated content if You are close the App during the processing and reopen the app after a while as well as your repeated use of the Services.

5.2 The App is maintained in the Hong Kong Special Administrative Region (“HKSAR”), and you understand that data stored in the HKSAR may be subject to lawful requests by the local courts or law enforcement authorities. Any information you provide via the App may be stored, processed, transferred between, and accessed from the HKSAR and other districts or countries, which may not guarantee the same level of protection as the one in which you reside. You explicitly consent and agree to such transfer, storing and/or processing of your information outside the district or country in which you reside.

5.3 If you are from the EU, it is important for you to know that the transfer of your data to the recipients in these countries is secured either by the participation on the basis of standard contractual clauses adopted by the European Commission and compliant with the EU data protection laws. By using our Services, you agree to such transfer and processing within the purposes set herein.

6. Disclosure of Your Information

6.1 We may disclose personal information that we collect or you provide without restriction under this circumstances:

  • a. To our subsidiaries and affiliates.
  • b. To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
  • c. To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our App users is among the assets transferred.
  • d. To fulfil the purpose for which you provide it.
  • e. For any other purpose disclosed by us when you provide the information.
  • f. With your consent.
  • g. To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
  • h. To enforce our rights arising from any contracts entered into between you and us.
  • i. If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of us, our customers or others.

7. How You Can Manage Your Information

7.1 You have a right to access to your personal data and right to data portability. This means You have a right to request from the App towards your personal data in a structured, commonly used and machine-readable format.

7.2. You have a right to request from the APP to rectify your personal data. This means you can require all the inaccurate personal data concerning you being corrected. You can also complete the personal data if needed.

7.3 Withdraw your consent. You can withdraw your consent for the collection and processing of your personal data by us at any time by contacting us at: feedback@facemagic.ai without affecting the lawfulness of processing based on consent before its withdrawal. After we receive such withdrawal request from you, we will process it in a timely manner and we will no longer process your personal data, unless otherwise is set by law.

7.4 You may share content you create by using the App, including photos, GIFs, videos (“User Content”) for publication or display on social media networks and other websites you access from the App. we cannot control the actions of third parties with whom you may choose to share your User Content. Therefore, we cannot and do not guarantee that your User Content will not be viewed by unauthorized persons, and we have no control or liability with regard to how your User Content may be used by others once you have posted or otherwise transmitted it. Therefore, Your User Content is posted and transmitted to others at your own risk.

8. European Privacy Rights

8.1 If you are a resident of the European Union, you will benefit from any mandatory provisions of the law of the country. You may have certain additional rights with respect to your personal information under the General Data Protection Regulation (Regulation (EU) 2016/679) (the “GDPR”). Nothing in this Agreement, including the paragraph above, affects your rights to rely on such mandatory provisions of local law.

8.2 You may contact us at feedback@facemagic.ai to exercise any of the above rights. We may request specific information from you to confirm your identity, and in some circumstances, we may charge a reasonable fee for access to your information.

8.3 If you believe that our processing of your information is inconsistent with your data protection rights under the GDPR and we have not adequately addressed your concerns, you have the right to lodge a complaint with the data protection supervisory authority of your country.

9. Children’s Policy

9.1 General age limitation. The App is not intended for children under 13 years of age, and we do not knowingly collect personal information from children under 13(in certain cases this age might be different due to local regulatory requirements). If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at feedback@facemagic.ai.

9.2 Age limitation for EU residents. Due to requirements of the EU General Data Protection Regulation you shall be at least 16 years old in order to use our Services. To the extent prohibited by applicable law, we do not allow use of the Service by the EU residents younger than 16 years old, unless with the parent’s/guardian’s permission.

10. Changes to Our Privacy Policy

We may update our privacy policy from time to time for duly providing our services as well as complying with the applicable laws. Additional notifications will be displayed or otherwise communicated to you. So please periodically visit this privacy policy page to check for any changes. If within a reasonable time after notifications of update, your continual use of the Services will be considered as having accepted all the amendments made, unless there is an obligation imposed on the APP by an applicable law to obtain your explicit consent to the amendments.

11. How to Contact Us

To ask questions or comment about this privacy policy and our privacy practices, contact us at: feedback@facemagic.ai.