Effective Date: 28.03.2024

 

Introduction and Scope

This Vity Privacy Policy ("Privacy Policy") is provided on behalf GenAI Apps LLC (“GenAI Apps", "we," "us," and "our") and governs the personal data (as defined below) collected from or processed about you when you use the Vity mobile application ("Vity," the "app," or the "application"), including by downloading, installing, registering with, accessing, or otherwise using the application (collectively referred to herein as "Use").

 

We provide this Privacy Policy to explain our practices for collecting, using, processing, and disclosing the personal data we process about Vity users ("users," "you," or "your," as applicable), and to inform you about the rights you may have in relation to your personal data and the choices you may be able to make in relation to it. By personal data, we mean (i) information that is associated with an identified or identifiable natural person, and (ii) protected as personal data under applicable data protection laws.

 

This Privacy Policy applies to personal data we or any third party collects from you offline or on any of our other apps or websites, including websites you may access through Vity.

 

Please carefully read this Privacy Policy to understand our privacy practices. We also encourage you to become familiar with our Terms of Use to understand how we provide services to you. For information on how we process photos in connection with various features of our app, including the generation of stickers from user-uploaded photos, please see Section 3: How We Process, Share, and Retain Your Photos and Image Data.

 

If you do not want us to process your personal data as described in this Privacy Policy, please do not Use Vity.

 

Questions? If you have any questions about this Privacy Policy or Vity, please contact us contact@genai-apps.com.. For additional contact information, please see Section 15: How to Contact Us.

 

U.S. State Supplements:

If you are a resident of the U.S. state of California, please see our California Notice at Collection and Privacy Notice.

If you are a resident of the U.S. state of Connecticut or Colorado, or a resident of the U.S. Commonwealth of Virginia, please see our U.S. State Privacy Supplement (Non-California).

 

1. Personal Data We Collect and How We Collect It

 

1.1 Collection of Personal Data

We may collect personal data from and about you through various means, which include:

 

1.1.1 Direct Collection

We collect personal data directly from you when you provide it to us. This may include, but is not limited to, the following types of personal data:

Contact information, such as your name and email address.

Registration information, including username and password.

Profile information, such as your photo or avatar if you choose to upload one.

Any other personal data you choose to provide when using Vity.

 

1.1.2 Automatic Collection

When you Use Vity, we may automatically collect certain information, which may include usage details and internet protocol ("IP") addresses. This data is collected to improve the functionality and security of the application. Automatic data collection may involve the use of cookies and similar tracking technologies. For more information on how we use cookies, please refer to Section 7: Cookies, Software Development Kits, and Other Tracking Technologies.

 

1.1.3 Collection from Third Parties

We may also collect personal data from third parties, such as service providers, partners, and vendors, to enhance and improve your experience with Vity. These third parties may provide us with information that helps us deliver better services to you. The types of personal data collected from third parties may vary and are subject to the privacy policies of those third parties.

 

For more information on how we handle and protect the personal data we collect, please see Section 8: Your Rights in Relation to Your Personal Data, and Section 10: Data Security. 

 

 

2. Personal Data You Provide to Us Directly

 

2.1 Photos

When you Use Vity, you may provide us with photos and videos directly, or grant us permission to access your camera or your device's photo library. We will process the photos you select to upload to Vity to provide the features of the app that you choose to Use. The processing of these photos is necessary for generating stickers from your photos. For more information regarding how we process your photos and videos, please see Section 3: How We Process, Share, and Retain Your Photos and Image Data.

 

2.2 Information Regarding Gender

If you Use the features of Vity, such as the Magic Avatars feature, we may ask you to select the gender you want to be associated with the generated stickers or content. You can select options like "Female," "Male," or "Other." This information is used solely to customize the stickers or content in accordance with the indicated gender. For example, if you choose to identify your gender as female, you may receive stickers or content that are conventionally more feminine in nature. If you do not wish to select a gender, you have the option to select "Other."

 

2.3 Account Information

When you create a Vity account, we may ask you to provide personal data, including your email address. If you choose to log in with your Apple ID, we will receive your Apple ID and may also receive the email address associated with your Apple ID, depending on your Apple settings. If you opt to log in via your Google Account, we will receive your associated email address.

 

2.4 Correspondence and Contact Information

If you contact us or communicate with us, we will collect and receive records and copies of your correspondence with us. This may include contact details that you provide while making inquiries, such as your name, postal addresses, email addresses, and phone numbers, or any other identifier by which you may be contacted.

 

For more information on how we handle and protect the personal data you provide to us directly, please see Section 8:Your Rights in Relation to Your Personal Data, and Section 10: Data Security.

 

3. How We Process, Share, and Retain Your Photos and Image Data

 

3.1 Photo Editing

When you upload photos and videos to Vity for editing, we automatically apply technology that generates Image Data. This processing occurs on your device, and the generated data is not stored on our servers, except when you choose to apply Sticker Generation to a photo.

 

3.2 Sticker Generation

If you choose to apply Sticker Generation to a photo you've uploaded to Vity, we will automatically apply technology to generate Image Data. When applying Sticker Generation, your original photo and the generated Image Data are temporarily stored on our servers, which are hosted by Amazon Web Services (USA). We maintain the original photograph and its associated Image Data for 24 hours after upload, after which they are systematically expunged from our servers.

To generate Stickers, you must upload 15 photos to Vity and select a gender to be associated with the Sticker. The photos you upload are stored on our servers, hosted by Amazon Web Services (USA). 

Your Stickers are stored on our servers, provided by Amazon Web Services (USA), and are accessible to you within the Vity app from any device on which you log into the application. Your Stickers will be available until you decide to either (i) delete the Stickers or (ii) delete your Vity account. If you decide to delete your Vity account or the Stickers, you may request deletion by writing to us with such a request.

 

Please note that deleting the Vity application from your device does not result in the deletion of your Vity account.

 

For more information on how we process, share, and retain your photos and Image Data, please see Section 11: Data Retention. 

 

4. Personal Data We Collect Automatically

 

4.1 Device Information

When you Use Vity, we, or third parties we permit to do so (subject to your consent where required by law), may automatically collect certain information, including personal data, from you. The information collected automatically when you Use Vity may include:

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

 

4.2 App and Country Information

Information regarding the version of the app that you are using and the country version of the app store from which you downloaded Vity.

 

4.3 Image Data

For more information regarding how we process your photos when you Use various features of the app, please see Section 3: How We Process, Share, and Retain Your Photos and Image Data.

 

4.4 Usage Details

Details of your Use of Vity, including the frequency of Use, areas and features of the application that you access, and information regarding engagement with particular features of the app.

 

4.5 Details about Your In-App Purchases

For example, details regarding the time you made certain purchases.

 

4.6 Subscription Data

Details confirming the existence of the relationship between us and confirmation that the relationship ended, if applicable (e.g., subscription order, payment confirmation, subscription cancellation, subscription price & duration, if you used the app), and information about your subscription status and redacted cardholder data (this doesn't include your full card details).

 

4.7 IDFA or Android Advertising ID (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 Vity, please follow the instructions below.

If You Use an iOS Device:

Go to Privacy settings to see a list of apps that request to track your activity. On iPhone or iPad, go to Settings > Privacy > Tracking.

Tap to turn off or turn on permission to track for Vity.

If You Use an Android Device:

Open Settings app

Navigate to "Privacy" > "Ads"

Tap "Delete Advertising ID"

Tap it again on the next page to confirm.

 

4.8 Cookies, Software Development Kits, and Other Tracking Technologies

Other than with respect to Image Data, we and third parties we engage may use cookies, Software Development Kits (SDKs), and other tracking technologies to automatically collect the personal data set forth above. For more information regarding our use of these technologies, please see Section 7: Cookies, Software Development Kits, and Other Tracking Technologies.

 

5. The Purposes and Our Legal Bases for Processing Your Personal Data

 

We may use your personal data for a variety of purposes depending on the category of personal data and the way you Use and interact with the Vity application, including the following:

 

5.1 To Provide Services

To present to you and others with Vity and its contents, and any other information, products, or services that you request from us, including providing various features of the app (e.g., Sticker Generation) and its functionality. We do so to provide you with the services subject to your explicit consent and according to our contractual obligation.

 

5.2 Contractual Obligations

To carry out our obligations and enforce our rights arising from any contracts entered into between you and us in relation to Vity (e.g., the Terms of Use). This is for the performance of our contract with you and for our legitimate interests in performing and enforcing our contracts with you and/or to defend our rights in case of claims.

 

5.3 Personalization and Customization

To customize our product and service offerings to you, for example, offering pricing personalization and discounts. In doing so, we may make automated decisions using device type and device language data. Where required by law, we rely on your consent to offer such personalization and/or offer you the opportunity to opt-out. Please see Section 7: Cookies, Software Development Kits, and Other Tracking Technologies for more information.

 

5.4 Customer and Technical Support

To provide you with customer and technical support, investigate your concerns, respond to your inquiries, and monitor and improve our responses to your and other users' inquiries in relation to Vity. It is our legitimate interest to provide you with high-quality support.

 

5.5 Communication

To communicate with you, such as to notify you about changes to Vity or any products or services we offer or provide through Vity, 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 legal obligation to keep you informed about your subscription and your account and otherwise in our legitimate interests of keeping you informed about your Vity account.

 

5.6 Research and Analytics

To conduct research, analytics, and monitor performance and other metrics regarding Vity and your Use of Vity. This may include data regarding the total number of users of our app, traffic, and demographic patterns related to the use of our app. Where this data is collected through the technologies described in Section 7: Cookies, Software Development Kits, and Other Tracking Technologies, and where required by law, we rely on your consent; otherwise, it is our legitimate interest to conduct analytics as it helps us understand our business metrics and improve our product.

 

5.7 Improvement and Testing

To improve, test, and monitor the effectiveness of Vity. It is our legitimate interest to conduct such analyses to understand our product and business metrics.

 

5.8 Personalized Content and Advertising

To provide personalized content and information to you in relation to Vity and so that we, and third parties on which we rely, can advertise to you. This may include using your personal data to build advertising audiences that we believe are similar to our user base, serving online ads to you, or engaging in other forms of advertising. Where required by law, we rely on your consent to engage in such activities and/or offer you the opportunity to opt-out. Please see Section 7: Cookies, Software Development Kits, and Other Tracking Technologies for more information.

 

5.9 Marketing and Promotional Communications

To send marketing and promotional communications to you, such as via email, push notification, or in-app messaging either with your consent or as otherwise permitted by law.

Please see Section 9: Your Choices About Our Communications With You for more information.

 

5.10 Other Purposes

In any other way as we may describe when you provide the information or otherwise at your direction or with your consent.

 

5.11 Legal Compliance

As permitted or required by law, including for auditing, fraud, and security monitoring purposes.

 

6. To Whom We Disclose Personal Data

 

We may disclose the information we process about you, including any personal data, as follows:

 

6.1 Affiliates

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.

 

6.2 Service Providers

We may disclose your personal data and other collected information to third-party organizations such as contractors, business partners, service providers, and vendors that we use to support our business and who assist us in providing Vity. Such service providers may include cloud provider Amazon Web Services (USA), which we use to store your personal data, photos, and Image Data when you generate Stickers; email delivery providers.

 

6.3 Analytics Providers and Advertising Partners

We may disclose your personal data to third-party analytics providers and advertising partners or otherwise permit them to collect or access it. For more information, please see Section 7: Cookies, Software Development Kits, and Other Tracking Technologies.

 

6.4 Business Transactions

We may disclose your personal data in the event that we or any of our affiliates, subsidiaries, or lines of business is merged, acquired, divested, financed, sold, disposed of, or dissolved, including in the course of a transaction like a merger, divestiture, restructuring, reorganization, acquisition, bankruptcy, dissolution, or liquidation. In such cases, your personal data and any other collected information may be among the items sold, transferred, or otherwise disclosed as part of that transaction or proceeding.

 

6.5 Legal and Safety

We may disclose your personal data in response to legal requests and for purposes of preventing harm. We may access, preserve, and share your information in response to a legal request such as a search warrant, court order, or subpoena, as well as government or regulatory requests, 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.

 

7. Cookies, Software Development Kits, and Other Tracking Technologies

 

When you Use Vity, we and our service providers, vendors, and partners, including third parties, may use cookies (a small text file placed on your computer or mobile device to identify your computer and web browser) and other similar technologies to collect or receive certain information about you and/or your Use of Vity. We also use third-party analytics tools to help us measure traffic and usage trends for Vity and for other purposes. Such analytics tools collect information via third-party SDKs incorporated into Vity, which includes information about features of Vity you visit or Use, your actions in Vity, and information about your subscription. Such information may be used to provide content, advertising, or functionality or to measure and analyze ad performance on Vity or other websites or platforms. Third parties may also use such information for their own purposes. For the avoidance of doubt, we do not use Image Data for advertising purposes.

 

7.1 Interest-based Advertising

We may partner with ad networks and other ad-serving providers that serve ads on behalf of us and others on non-affiliated platforms. Some of those ads may be personalized, meaning that they are intended to be relevant to you based on information ad networks and ad serving providers collect about your Use of the app over time, including information about relationships among different browsers and devices. This type of advertising is known as interest-based advertising.

 

7.2 Your Choices

Most browsers and devices are configured to accept cookies and similar tracking technologies automatically. Opting out of receiving interest-based ads does not mean that you will no longer receive ads from us, but rather that the ads will not be tailored to your perceived interests.

 

7.3 Opt-Out for European Economic Area, United Kingdom, and United States Users

For users in the European Economic Area, United Kingdom, and United States, you can opt-out from processing of personal data via cookies, SDKs, and other tracking technologies by sending a request to contact@genai-apps.com.

 

7.4 Functionality Implications

You may find that some parts of the app may not function properly if you have refused cookies or similar tracking technologies, and you should be aware that disabling cookies or similar tracking technologies may prevent you from accessing some of our content. Your choices are typically device and browser specific.

 

8. Your Rights in Relation to Your Personal Data

 

8.1 Access, Modification, Correction, and Erasure

You can send us an email at contact@genai-apps.com to request access to, modification, correction, update, erasure, or portability of any personal data that you have provided to us and that we have about you. You can also request the deletion of your account inside the app, both for iOS and Android users. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

 

8.2 EEA/UK Individuals

Individuals in the European Economic Area ("EEA") and the United Kingdom ("UK") have certain statutory rights in relation to their personal data, including under the General Data Protection Regulation (Regulation (EU) 2016/679) ("EEA GDPR") and the UK version of the EEA GDPR ("UK GDPR") (collectively, the "GDPR"). These rights include:

8.2.1 Access to Your Personal Data

You have the right to request information about whether we have any personal data about you and to receive a copy of such personal data.

8.2.2 Rectification of Your Personal Data

You are responsible for ensuring the accuracy of your personal data that you provide to us. If you believe that your personal data is incomplete or inaccurate, you have the right to contact us and ask us to correct such personal data.

8.2.3 Restriction of Processing

You have the right to demand the restriction of processing of your personal data in certain circumstances, such as when you contest the accuracy of the personal data, and this inaccuracy is verified by us.

8.2.4 Erasure of Your Personal Data

In certain circumstances, you may ask us to erase your personal data. Please be aware that erasing some personal data may affect your ability to Use Vity.

8.2.5 Right to Portability of Your Personal Data

In certain circumstances, you have the right to request us to provide any personal data you provided us in a structured, commonly used, and machine-readable format and ask us to give that personal data to another party.

8.2.6 Right to Object to Processing or Otherwise Using Your Personal Data

Where we are processing your personal data based on our legitimate interest, you may object to the processing or otherwise using your personal data. Please be aware that our inability to process or otherwise use some of your personal data may affect your ability to Use Vity. If you have opted in to receiving marketing communications, you have the right to opt out of those at any time.

8.2.7 Right to Withdraw Your Consent at Any Time

Where you have provided your consent to the processing of your personal data for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. The withdrawal of your consent does not affect the lawfulness of the processing based on your consent before its withdrawal.

8.2.8 Right to Lodge a Complaint with a Supervisory Authority

Subject to the GDPR, you have the right to lodge a complaint with a local data protection authority in the country of your residence, where you work, or where an alleged infringement of the applicable data protection law took place.

Please keep in mind that in case of a vague request to exercise any of the aforementioned rights, we may engage with you in a dialogue to ask for more details if needed to complete your request. In case this is impossible, we reserve the right to refuse granting your request. Following the provisions of the applicable law, we might also ask you to prove your identity (for example, by requesting your username or some other proof of your identity) to ensure that no right of third parties is violated by your request and that the mentioned rights are exercised by an actual personal data subject or an authorized person.

Please note that we will process your request within one month after receiving it. We may extend this period by up to two months where necessary, taking into account the complexity and number of the requests. If we extend the response period, we will let you know within one month from your request. We will not discriminate against you for exercising your rights under the law.

 

9. Your Choices About Our Communications With You

 

9.1 Electronic Communications

If you are using Vity, you may receive electronic communications from us (e.g., by posting in-app notices in Vity, push notifications, or emails). We send some of these communications to you, such as those related to your subscriptions, technical and security notices, and updates to the Privacy Policy and Terms of Use, where necessary to perform our contract with you to provide Vity or otherwise based on our legitimate interest in contacting you.

 

9.2 Marketing & Promotional Emails

If required by law, we will ask for your consent to send you promotional and marketing emails, in-app communications, and push notifications about new products, features, or offers from Vity and its affiliates.

 

9.3 Push Notifications

If you wish to opt-out of push notifications, you can do so through your mobile device settings by tapping “Settings” -> “Notifications” -> Choose Vity -> press the toggle to allow or forbid push notifications from the app.

 

10. Data Security

 

10.1 Information Security Safeguards

We use reasonable and appropriate information security safeguards to help keep your Personal Data secure and protect it from accidental loss and unauthorized access, use, alteration, and disclosure. While we take measures to protect your Personal Data, we cannot guarantee the security of the information transmitted to or through Vity, and we cannot provide an absolute guarantee that such information may not be accessed, disclosed, altered, or destroyed. Any transmission of your Personal Data is at your own risk. We are not responsible for the circumvention of security measures contained in Vity. Please understand that there is no ideal technology or measure to maintain 100% security.

 

10.2 User Responsibility

The safety and security of your information also depend on you. For instance, we are not responsible for how you choose to share the photos, stickers or other information processed in your Vity account, such as via social media services. We are not responsible for the functionality, privacy, or security measures of any other organization.

 

11. Data Retention

 

11.1 General Data Retention

Other than as set forth in Section 3: How We Process, Share and Retain Your Photos and Image Data, we generally retain your Personal Data until you delete your Vity account. You can request the deletion of your account by writing us an email with such a request. 

11.2 Exception to Data Retention

Notwithstanding the foregoing, please note that we may retain your Personal Data, photos, Image Data, and Stickers for longer periods of time than set forth above, such as in connection with your privacy-related requests and communications with us, if any, as necessary to comply with our legal obligations, to resolve disputes, or to enforce our agreements. Even if we delete some or all of your Personal Data, we may continue to retain and use anonymized data previously collected that can no longer be used for personal identification.

To make a request to delete your Vity account, please contact us at privacy@stickersai.com or proceed through Vity settings.

 

12. Cross-Border Data Transfers

 

12.1 Transfer to the United States

Some of our service providers are incorporated in the United States. Accordingly, your Personal Data may be transferred to and stored in the United States.

 

12.2 Location of Servers

As to the location of our servers, the generated Image Data is temporarily stored on our servers which are hosted by Amazon Web Services (USA). 

For further information, please contact contact@genai-apps.com.

 

13. Children

 

Age Restriction

Vity is designed for use by individuals aged 18 and older. We do not knowingly collect or solicit any information from anyone under the age of 18, nor do we knowingly allow individuals under the age of 18 to use Vity. If you are under 18, please refrain from using Vity, providing any information through the platform, or disclosing personal information such as your name, address, phone number, or email. If you are a parent or guardian and suspect that we have inadvertently collected information from an individual under the age of 18, please contact us at [insert contact email].

 

For users in the European Economic Area (EEA): To comply with legal requirements, individuals in the EEA must be at least 18 years old to use Vity. We do not permit individuals under the age of 18 from the EEA to use our service. If you become aware of any individual under the age of 18 from the EEA using Vity, please contact us (refer to Section 15: How to Contact Us), and we will promptly take the necessary actions to delete any information provided by such individuals.

 

For users in the United Kingdom (UK): To comply with legal requirements, individuals in the UK must be at least 18 years old to use Vity. We do not permit individuals under the age of 18 from the UK to use our service. If you become aware of any individual under the age of 18 from the UK using Vity, please contact us (refer to Section 15: How to Contact Us), and we will promptly take the necessary actions to delete any information provided by such individuals.

14. Third-Party Websites and Services

 

We are not responsible for the practices employed by any websites or services linked to or from Vity, including the information or content contained within them. Where we have a link to a website or service, linked to or from Vity, we encourage you to read the privacy policy stated on that website or service before providing information on or through it.

 

15. How to Contact Us

 

General contact details: If you have any questions about this Privacy Policy or Vity, please contact us via email at contact@genai-apps.com.

 

16. Changes to Our Privacy Policy

 

The date this Privacy Policy was last revised is indicated at the top of the page. We may modify or update this Privacy Policy from time to time. Some changes do not require your consent. However, if we determine that the changes may pose risk to your rights and freedoms, we will ask for your consent to those changes separately from this Privacy Policy.