Privacy Policy

Version: 3.4
Last Modified: 2021/11/04

Your privacy is important to us.

Pixocial Technology (Singapore) Pte. Ltd. (“Pixocial”, “we”, “us” or “our”) is dedicated to protecting the privacy of our users (“users” or “you”). This Privacy Policy (the “Policy”) is meant to explain our practices regarding how we collect, store, use, manage and protect your user information (including your personal information), as a controller and/or business under applicable data protection laws during your use of the AirBrush application, including all its features (the “Services”).

Please note that the scope of this Policy is limited solely to your user information (including your personal information) processed by Pixocial when you are using AirBrush. In this Policy, “personal information” refers to any information, or combination of information, that can be used to identify, contact or locate a discrete individual to whom the collected information pertains.

Please note that it is mandatory for you to provide certain categories of data (as specified at the time of collection). In the event that you do not provide any, or sufficient, data marked as mandatory, we may not be able to provide you with AirBrush app services.

If you have any questions regarding this Policy, or any privacy-related matters, please contact our Data Protection Officer via email at legal@pixocial.com (please quote “AirBrush” in your email title) or registered mail at 80 Robinson Road #02-00 Singapore 068898 (attention: Legal Department, Pixocial).

Information Provided by You

In order to provide and improve the Services, we will collect and process your personal information and user information in accordance with this Policy. If you do not provide this information, we may be unable to provide you with our products or Services. You should ensure that all personal information and user information submitted to us is complete, accurate, true, and correct. Failure on your part to do so may result in our inability to provide you with all or some of the Services.

Please also note that the AirBrush app provided to you contains our service provider’s Application Programming Interfaces (APIs) or Software Development Kits (SDKs), which have tracking tools of such service providers. These third parties may use APIs and SDKs on AirBrush to collect, store, use, and manage user information. The third parties may provide Pixocial with certain statistical data, which must be based on certain user information, and these third parties decide which kind of user information is needed in order to get the statistical data. They also decide the means of processing user information.

Face Recognition

In order to provide the Services, we use face recognition technology to recognize faces in photos and camera experiences. We may detect and use facial marks to provide face recognition contents and facial manipulation features. Our Services may utilize calculation results of ARK it from Apple in relation to the depth of facial mapping information, which may require the use of facial recognition features in order to ensure the face image processing effect, and perform feature analysis using the algorithm. The information we collect cannot be used for identifying a specific person, and is used to provide the mentioned features only. When the content recommendation is finished, or upon the closing of the application, the facial mapping information is discarded. This information is not shared with any third parties.

We will neither use the results for other purposes, nor capture any data in the file, nor upload data to the server for recording purposes.

Image Information

By choosing to use the cloud editing feature of our service, you understand and agree that we must upload your photos to our server for processing before returning processed photos to you for the purposes of providing such service to you and continuous optimization and that we will also receive the EXIF data about your photos (EXIF data may contain GPS coordinates where photos were taken and processed, equipment type, ISO and information about the front and rear cameras and creation time, depending on the equipment manufacturer) for the purpose of further optimizing our Services, such as providing a better match of photo effects to your equipment.

Metadata

Metadata refers to technical data associated with user content. Put simply, metadata is data that describes data. For example, metadata can describe the analysis results of facial features, gender, age, race of the characters in photos and other elements contained in photos, which are generated and tagged by the computer algorithm and artificial intelligence. When you use the Services, we will use photo metadata to provide you with certain features including precise “Facial Recognition”, “Key-Points Recognition”, “Region Segmentation”, “Content Tags” and other custom features based on a combination of these basic features. We may use your photo metadata to provide you with more suitable filters and better photo effect when our apps process your photos; we may also make use of the metadata to serve up a more contextually relevant products or services to you.

Device Information

When you use our Services on your mobile device, we collect information about your device, including, where applicable, its International Mobile Equipment Identity (“IMEI”), Identifier for Advertising (“IDFA”) and Identifier for Vendor (“IDFV”), Integrated Circuit Card Identifier (“ICCID”), Android ID, Media Access Control (“MAC”) address, model and resolution, which will be used by us to calculate the number of devices that use our products and Services, and analyze data on device models and graphics adaptation. Pixocial also needs unique count analytics information, such as Daily Active Users (DAU), Daily Active Devices (DAD), Monthly Active Users (MAU), Monthly Active Devices (MAD) and features such as Retention, Funnels, Crash, and others.

Installed Applications

We may also access your App list and collect the application package names of the applications installed on your device. Such information will only be collected when a user initiates the sharing of photos from Airbrush to a third-party platform. If you elect to use any third-party application in connection with AirBrush, you should also review its respective privacy policy. We do not control the third-party platforms’ use of your personal information, which is governed by that third party’s privacy policy and terms and conditions.

Crash Data

We need data to count the number of users who can help Pixocial improve AirBrush, and to bring you a better user experience. For the purpose of the aforementioned, we will collect your universally unique identifier (“UUID”). Firebase will collect your Instance IDs. By collecting such information the third party can provide Pixocial with unique product analytics. You may choose not to share this information. To do so, open Settings on your AirBrush app, tap Personalization & Data and turn off the Product Analytics switch.

For more information about Firebase, please click https://firebase.google.com/support/privacy/.

Communication and Feedback

We would love to hear from you and talk with you, but before we do, we need to get your approval to use your name, email address and IP address, which are submitted when you send feedback. This information will allow us to better assess your feedback and identify any problems you might be reporting.

When you send feedback or report a problem to us via email, we will also automatically collect certain log information stored in AirBrush (“Log Information“). Log Information may include (i) details on when and how often you use the Services, (ii) device statistics, including critical operation paths, errors, crashes, language and time zone. This Log Information is used to assess your feedback and identify the problem, if you’re reporting one. It is NOT USED to identify our users individually.

Advertisement

We may partner with an ad network third party to display advertising within the AirBrush app. Our third-party partners may show you advertising based on your personal data, such as device identifiers and location information. For the purpose of the above, we, or an ad network third party, may collect your Advertising ID for advertising and user analytics purposes. If your device does not have Advertising ID, we may use other persistent identifiers. If you wish to opt out of interest-based advertising, you could open settings on your AirBrush app, tap Personalization & Data, and turn off the Personalized Ads switch. Please note that you will continue to receive generic ads.

Our partner ad networks are Facebook SDK (for more information please click https://developers.facebook.com/docs/ios or https://developers.facebook.com/docs/android), MoPub (for more information please click https://www.mopub.com/legal/privacy/), Google-Mobile-Ads (for more information please click https://policies.google.com/privacy/), and AppMonet (for more information please click https://appmonet.com/privacy-policy/).

Information Sharing and Disclosure

We ensure that third parties will not share, or disclose to other third parties (other than our service providers), your personal information in whole or in part, except for the purposes of:

(i)     protecting the security of others or their property;

(ii)    preventing or dealing with Internet fraud;

(iii)   safeguarding the legitimate rights and interests of Pixocial;

(iv)   taking action in line with our purposes, as described in the “Information Provided by You” section, provided that the recipient of any such disclosure by us is also bound by this Policy and can provide adequate protection for your information; and/or

(v)    complying with laws and regulations or requests by government departments or judicial authorities, which are typically designed to uphold Internet security and the rights, property, and safety of us, our users and third parties.

Information Security

AirBrush and third parties will take reasonable measures to prevent the loss, improper use of, unauthorized access to, or disclosure of information. For example, some of our Services will use encryption techniques (such as SSL) to protect your personal information. However, you understand and accept that (in the Internet industry) even though we, and third parties, will take all possible security measures, we cannot always guarantee that your information is 100% secure. We, and third parties, do not accept liability for unintentional disclosure. You understand and accept that the system and communication network used by you to access our Services may fail due to factors beyond our control.

Information Access and Control

We will take all reasonable and appropriate technical measures to ensure that you can access, update, and correct your personal information or other personal information provided to us by you, when using our Services. Before you access, update, correct or remove such personal information, we may verify your identity in order to protect the security of your account. You may access your information by sending your request to support@pixocial.com.

Data Retention and Correction, Updates and Deletion

Subject to applicable laws and regulations, and the fulfillment of our business purpose, third parties will retain your information (including your personal information) for such period as is required for us to continue to provide you with our Services. If you wish to exercise your rights under CCPA, GDPR or other applicable laws, or wish the third party to correct, update or delete your personal information, you may send correspondence via email to legal@pixocial.com (please quote “AirBrush” in your email title), or send registered mail to 80 Robinson Road #02-00 Singapore 068898 (attention: Legal Department, Pixocial). We will process your request within a reasonable period of time after receiving your email or mail, and will make third parties cease collecting, using and disclosing your personal information thereafter, subject to certain exceptions prescribed by law. To protect your privacy, we will take steps to verify your identity before fulfilling your request. Please note that if you withdraw your consent or delete your personal information, your use of some of our Services may be affected.

Information about Children

Third parties will not knowingly collect or request personal information from children under 16 (or any other age stipulated by law applicable to your region). If you are under 16, please do not send your personal information to us or third parties, including your name, address, phone number or email address. If you believe we may have any information about children under 16, you may send correspondence via email to legal@pixocial.com (please quote “AirBrush” in your email title), or registered mail to 80 Robinson Road #02-00 Singapore 068898 (attention: Legal Department, Pixocial). If we learn that we have collected personal information from children under 16 (or any other age stipulated by law applicable to your region), we will promptly take steps to delete such information.

CROSS-BORDER DATA TRANSFERS

You understand and agree that all information collected via or by Pixocial may be transferred, processed, and stored anywhere in the world, including but not limited to, Singapore, China, the United States, the European Union, in the cloud, on our servers, on the servers of our affiliates, or the servers of our service providers, in order to provide the Services.

Governing Law

This Policy is established, comes into force, and will be enforced and interpreted under the laws of Singapore, without regard to its conflict of law provisions. Any disputes arising hereunder will also be resolved in accordance with the Terms of Service. We do not represent or warrant that this Policy complies with the privacy law of any jurisdiction. Therefore, you should not interpret this Policy in accordance with such law.

Amendments to this Policy

You agree that we may update this Policy according to relevant laws and regulations, or based on Pixocial’s business decisions, and you agree to be bound by any such revisions hereto. We will post any significant changes to this Policy on AirBrush or notify you by other means accordingly.

If You Are a Resident of California

The California Consumer Privacy Act (“CCPA”) provides California residents with the right to know what categories of personal information we have collected about them:

Category of Personal Information Collected by us?
Identifiers Yes
Personal information categories listed in Cal. Civ. Code §1798.80(e) No
Characteristics of protected classifications under California or federal law No
Commercial information No
Biometric information No
Internet activity or electronic network activity information Yes
Geolocation data Yes
Audio, electronic, visual, thermal, olfactory, or similar information Yes
Professional or employment-related information No
Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99) No
Inferences drawn from other personal information to create a profile Yes

We use this information to provide and improve the Services and for the purposes set forth above.

If you are a resident of California, you have the right to: (i) receive a copy of personal information that you have provided to us, or ask us to send that information to another company; and (ii) request erasure of personal information held about you by us, subject to certain exceptions prescribed by law.

The California Consumer Privacy Act also provides California residents with the right to opt out of the “sale” of their personal information. Under the CCPA, a “sale” is broadly defined as making available personal information to a third-party for valuable consideration. It does not necessarily mean money was exchanged for the transfer of personal information.

For the purposes of the CCPA, a “sale” may include using targeted advertising services to deliver targeted advertising on the Services or other sites. Like most mobile applications, we use these services, which enable us to provide the Services and relevant offers to you. As a result, Pixocial may “sell” the following categories of personal information: identifiers (e.g., advertising IDs); internet activity; geolocation data; and inferences drawn to create a profile.

California residents may opt-out of the “sale” of their personal information by turning off the “Do Not Sell My Personal Information” switch under the Personalization & Data tab. California residents also have the right not to be subjected to discriminatory treatment by us based on the California Consumer Privacy Act.

If you are a resident of California, every year we will provide you, free of charge, with an opportunity to obtain a list of third parties to which we have disclosed, or with whom we have shared, your personal information for their direct marketing purposes during the previous year. If you are a resident of California and wish to obtain this list, you may send correspondence via email with the subject “AirBrush – The right to privacy of a California resident” to legal@pixocial.com, or registered mail to 80 Robinson Road #02-00 Singapore 068898 (attention: Legal Department, Pixocial).

Additional Information for users in the European Union

If you are in the European Union, the following applies in addition to the information given above in this Privacy Policy.

Controller

The Controller for the purposes of Art. 4 no. 7 GDPR with respect to the processing outlined in this Policy is Pixocial Technology (Singapore) Pte. Ltd., 80 Robinson Road #02-00 Singapore 068898. You may contact us via registered mail at the above address (attention: Legal Department, Pixocial) or via e-mail at legal@pixocial.com. (please quote “AirBrush” in your email title.).

Representative

Our representative in the European Union is Rivacy GmbH, you may contact our representative via e-mail at info@rivacy.eu or via registered mail at Rivacy GmbH, Mexikoring 33, 22297 Hamburg.

Legal Basis of Processing

The legal basis for the processing of your personal data listed in section “Device Information” is the performance of a contract with you, or the taking of steps at your request prior to entering into a contract (Art. 6 para. 1 lit. b) GDPR). The provision of this information is necessary. Without such information we cannot provide you with the respective services.

The legal basis for the processing of your personal data listed in section “Crash Data” is our legitimate interest in optimizing our products and services (Art. 6 para. 1 lit. f) GDPR). The provision of this data is not necessary to enter into a contract.

The legal basis for the processing of your personal data listed in section “Communication and Feedback” is the performance of a contract with you or the taking of steps at your request prior to entering into a contract (Art. 6 para. 1 lit. b) GDPR). The provision of this information is necessary. Without such information we cannot provide you with the respective services.

The legal basis for the processing of your personal data listed in section “Advertisement” is our legitimate interest in optimizing our products and services, and to provide you with location-based advertisements (Art. 6 para. 1 lit. f) GDPR). The provision of this data is not necessary to enter into a contract.

Your rights as a Data Subject

As a data subject in the European Union you have the following rights with regard to the processing of your personal data:

Right of access

As a data subject you have the right to obtain confirmation from us as to whether we are processing your personal data (Art. 15 para. 1 GDPR). If so, you also have the right to obtain access to the personal data and the information listed in Art. 15 para. 1 GDPR. This includes information regarding the purposes of the processing, the categories of personal data that are being processed and the recipients or categories of recipients to whom the personal data have been or will be disclosed.

Right to rectification

As a data subject, you have the right to rectification set out in Art. 16 GDPR, i.e. to have your inaccurate data processed by us rectification and incomplete personal data completed.

Right to erasure (“right to be forgotten”)

As a data subject, you have a right to obtain from us the erasure of your personal data and we are obliged to erase your personal data without undue delay when one of the reasons listed in Art. 17 para. 1 GDPR applies. This can be the case, for example, if personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed (Art. 17 para. 1lit. a) GDPR).

If we have made the personal data public and are obliged to erase it, we are also obliged, taking account of available technology and the cost of implementation, to take reasonable steps, including technical measures, to inform controllers which are processing the personal data that you have requested the erasure by such controllers of any links to, or copy, or replication of those personal data (Art. 17 para. 2 GDPR).

The right to erasure (“right to be forgotten”) does not apply if the processing is necessary for one of the reasons listed in Art. 17 para. 3 GDPR. This can be the case, for example, if the processing is necessary for compliance with a legal obligation or for the establishment, exercise or defense of legal claims (Art. 17 para. 3 lit. a) and e) GDPR).

Right to restriction of processing

As a data subject, you have a right to obtain from us the restriction of processing if one of the conditions provided in Art. 18 para. 1 GDPR applies. This can be the case, for example, if you contest the accuracy of the personal data. In such a case, the restriction of processing lasts for a period that enables us to verify the accuracy of the personal data (Art. 18 para. 1 lit. a) GDPR).

Restriction means that stored personal data are marked with the goal of restricting their future processing (Art. 4 para. 3 GDPR).

Right to data portability

As a data subject, you have a right to receive your personal data which you have provided to us in a structured, commonly used and machine-readable format, and to transmit those data to another controller without hindrance from us if the processing is based on consent pursuant to point Art. 6 para. 1 lit. a) GDPR or Art. 9 para. 2 lit. a) GDPR or on a contract pursuant to Art. 6 para. 1 lit. b) GDPR and the processing is carried out by automated means (Art. 20 para. 1 GDPR).

To verify whether our processing is based on consent pursuant to point Art. 6 para. 1 lit. a) GDPR or Art. 9 para. 2 lit. a) GDPR, or on a contract pursuant to Art. 6 para. 1 lit. b) GDPR, please refer to the section “Legal Basis of the Processing” of this Privacy Notice above.

In exercising your right to data portability, you also generally have the right to have your personal data transmitted directly from us to another controller if technically feasible (Art. 20 para. 2 GDPR).

Right to object

As a data subject, you have a right to object under the conditions provided in Art. 21 GDPR.

Right to object on grounds relating to the particular situation of the data subject

As a data subject, you have the right to object, on grounds relating to your particular situation, at any time to the processing of your personal data, which is based on Art. 6 para. 1, lit. e) or f) GDPR, including profiling based on those provisions.

To verify whether our processing is based on Art. 6 para. 1, lit. e) or f) GDPR, please refer to the section “Legal Basis of the Processing” of this Privacy Notice above.

In the event of an objection relating to your particular situation, we will no longer process your personal data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or for the establishment, exercise or defense of legal claims.

Right to object to direct marketing

Where your personal data are processed for direct marketing purposes, you have the right to object at any time to the processing of your personal data for such marketing, which includes profiling to the extent that it is related to such direct marketing.

If you object to processing for direct marketing purposes, we no longer process your personal data for these purposes.

Right to withdraw consent

Where our processing of your personal data is based on your consent, you have the right, pursuant to Art. 7 para. 3 GDPR, to withdraw your consent at any time. The withdrawal of your consent does not affect the legitimacy of the processing that occurred based on your consent until the withdrawal.

To verify whether our processing is based on consent pursuant to point Art. 6 para. 1 lit. a) GDPR or Art. 9 para. 2 lit. a) GDPR, or on a contract pursuant to Art. 6 para. 1 lit. b) GDPR, please refer to the section “Legal Basis of the Processing” of this Privacy Notice above.

Right to lodge a complaint with a supervisory authority

As a data subject, you have a right to lodge a complaint with a supervisory authority under the conditions provided in Art. 57 para. 1 lit. f) GDPR.

Additional Information on Your Rights as a Data Subject

For further information on your rights as a data subject please refer to Art. 12 to 21 GDPR, which can be accessed here: http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32016R0679.

Language

This Policy is prepared and drafted in English, but may be translated into other languages (e.g. Japanese, Korean, French etc.). Should any conflict arise between the English language version of this Policy and any translation hereof, the English language version shall be controlling.