Privacy Policy

Effective date: December 20, 2022 OCTAGONLAB Limited and our relevant affiliates are referred to as “OCTAGONLAB Limited”, “we”, “us”, and “our.” Our mobile application Facer referred to as “Facer” or “application” Users are referred to as “users”, “you” or “your”, as applicable. Your use of the applications (including downloading, installing, registering with, accessing, or otherwise using it) is referred to as “Use”. To the extent information is: (i) associated with an identified or identifiable natural person and (ii) protected as personal data under applicable data protection laws, such information is referred to in this Privacy Policy as “Personal Data”.

A small note on how Avatars generation feature works.

Facer uses a Neural Network Model Stable Diffusion that allows users to generate personalised unique portraits (“Avatars”).

Users upload 10 to 20 photos and select their gender.
Using these data, a copy of the Stable Diffusion model is retrained to personalise the model
After the model copy is retrained, it generates the Avatars
After the Avatars are generated, the copy of the model, along with uploaded photos, are deleted permanently from our servers
We do not use your Personal Data to generally train and/or create our separate artificial intelligence/products.

We do our best to moderate the parameters of the Stable Diffusion model, however, it is still possible that you may encounter content that you may see as inappropriate for you.

We respect your privacy and are committed to protecting it through our compliance with this Privacy Policy. This Privacy Policy explains what we do with your Personal Data (as defined below) and allows you to manage your Personal Data effectively.

Please read this Privacy Policy carefully to understand our privacy practices. The purpose of our Privacy Policy is to explain what data we collect, how it is used and shared, and how you can control it. If you do not want us to process your Personal Data as it is described in this Privacy Policy, please do not Use Facer.

By Using Facer, you understand and agree that we are providing you with tools for editing and adjusting photos and videos that you upload, and, if you so request, for generating or creating new content from them, for example with our Avatars generation feature.

If you have any questions about this Privacy Policy or Facer, please contact us at support@facer.fun

1. INFORMATION WE COLLECT AND HOW WE COLLECT IT

We may collect several types of information, including but not limited to Personal Data, from and about you:

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

Directly from you when you provide it to us.
Automatically when you Use Facer. Information collected automatically may include Usage details and internet protocol (“IP”) addresses.
From third parties, for example, our Service Providers (as defined below).

2. INFORMATION YOU PROVIDE TO US DIRECTLY

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

Photos that you upload to Facer, for example to use the Avatars generation 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. For more information about TrueDepth API processing of your photos and videos, you may visit the following link. 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. On your iOS device:
On your iPhone or iPad open the Settings app.
Scroll down and tap “Privacy”.
Tap “Camera” or “Photos”.
Next to Facer, toggle the permissions switching on or off.

3. INFORMATION WE COLLECT AUTOMATICALLY

When you Use Facer, we may automatically collect certain data about you. This data is needed for operation of Facer 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 Facer, 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, whichever is applicable to your device. If you want to disable the collection of IDFA by Facer, please follow the instructions below. On your 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 Facer.

You can also always request us to delete your photos or Avatars by contacting us at support@facer.fun.

4. 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 generate Avatars, since these functions require sophisticated computing resources to be performed.

Avatars. In order to generate Avatars, you have to upload 10-20 photos to Facer. At this point, your photos are stored on our servers (provided by Amazon Web Services (USA)). 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 Facer at any time and from any device until you decide to delete them.

You can also always request us to delete your photos or Avatars by contacting us at support@facer.fun.

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

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.
We do not store, transfer, share, sell, or otherwise provide your face data.

5. 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 Facer (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 Facer, 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 Facer. It is our legitimate interest to provide you with high-quality support.
To notify you about changes to Facer or any products or services we offer or provide through Facer, 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 Facer.
To present to you and others with Facer 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 Facer 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 Avatars generation 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.
To provide personalized content and information to you in relation to Facer, 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.

Access, modification, correction and erasure. You can send us an email at support@facer.fun 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 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.

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. We also undertake to collect only such amount and types of your Personal Data that are strictly required for the purposes mentioned in this Section 5 (“data minimization principle”).

6. YOUR RIGHTS

Opting Out of Promotional Emails

IF REQUIRED BY LAW, WE WILL ASK FOR YOUR CONSENT TO SEND YOU PROMOTIONAL AND MARKETING EMAILS. IF YOU WISH TO OPT-OUT OF OUR PROMOTIONAL AND MARKETING EMAILS, YOU CAN OPT-OUT FROM OUR PROMOTIONAL AND MARKETING EMAIL LIST BY USING ANY OF THE FOLLOWING METHODS:

by following the opt-out links in any marketing email sent to you; or through Facer settings on your mobile device; or
by contacting us at any time using the contact details in How to Contact Us Section.

We do not rent or sell your Personal Data, including photos and videos, to any third parties outside the Company or its Affiliates (as defined below). Parties with whom we may share your Personal Data.

We may share your Personal Data, and other collected information with third-party organisations 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 Facer,
third-party analytics, as specified in this Privacy Policy,
email delivery services, and
Third-party advertising partners. 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. 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.

8. DATA SECURITY

We use reasonable and appropriate information security safeguards to help keep the collected information secure and to secure it from accidental loss and unauthorised access, use, alteration and disclosure. Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your collected information, we cannot guarantee the security of the collected information transmitted to or through Facer or an absolute guarantee that such information may not be accessed, disclosed, altered, or destroyed. Any transmission of your collected information is at your own risk. We are not responsible for the circumvention of security measures contained in Facer. Please understand that there is no ideal technology or measure to maintain 100% security. Among others, we utilize the following information security measures:

Encryption of your Personal Data in transit and in rest.
All collected information is stored on our secure servers behind firewalls.
Organisational and legal measures. For example, our employees and employees of our subsidiaries have different levels of access to your Personal Data and only those in charge of data management get access to your Personal Data and only for limited purposes required for the operation of Facer. We impose strict liability on such employees for any disclosures, unauthorised accesses, alterations, destructions and misuse of your Personal Data.
Conducting periodical data protection impact assessments in order to ensure that the Company fully adheres to the principles of “privacy by design”, “privacy by default” and others. We also commit to undertake a privacy audit in case of the Company's merger or takeover.

The safety and security of your information also depend on you. Your privacy settings may also be affected by changes to the social media services, through which you may share your photos and videos. We are not responsible for the functionality, privacy, or security measures of any other organisation.

9. DATA RETENTION

Your Personal Data, other than photos, videos and Avatars. Normally, the retention term would be the term of your account existence. It means that we will retain your Personal Data, other than your photos, videos or Avatars, until you delete your account or request us to delete your data. Please note that deletion of Facer application does not imply the deletion of your account and your data!
Your original photos that you upload to generate Avatars are deleted immediately after successful Avatars generation. At the same time, your Avatars are stored on our servers (provided by Google Cloud Platform (Ireland and USA) and Amazon Web Services (USA)) to be available to you at any time from any device.

We may retain your Personal data in connection with your privacy-related requests and communications with us, if any, as necessary to comply with our legal obligations, to resolve disputes, and to enforce our agreements. Even if we delete some or all of your Personal Data, we may continue to retain and use anonymised data previously collected that can no longer be used for personal identification.

10. CHILDREN

General age limitation. Facer 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 Facer. If you are under 13, do not: (i) Use or provide any information in Facer 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 Facer. To the extent prohibited by applicable law, we do not allow Use of Facer by the EEA residents younger than 16 years old. If you are aware of anyone younger than 16 Using Facer, 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.

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