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Privacy Policy

Last Updated: 2024-11-14

Thank you for choosing TakePicsAI. Your privacy is important to us, and we are committed to protecting your personal data in compliance with the General Data Protection Regulation (GDPR), the Brazilian General Data Protection Law (LGPD), and applicable U.S. privacy laws. This Privacy Policy explains how we collect, use, and safeguard your information when you use our website and services.

1. Data Controller

TakePicsAI

For any questions or concerns regarding this Privacy Policy or our data processing practices, please contact us at the above email address.

2. Information We Collect

2.1 Personal Data

  • Uploaded Images: Photos or images you upload for AI training and image generation, which may contain personally identifiable information.
  • Contact Information: Name, email address, and other contact details provided when creating an account or contacting us.
  • Payment Information: Necessary details to process payments, such as billing address and transaction details. Note: We use Stripe for payment processing and do not store full credit card numbers. Stripe's Privacy Policy can be found here.

2.2 Technical Data

  • Usage Information: Details about your interactions with our website and services, including IP address, browser type, device information, and pages visited.
  • Cookies and Similar Technologies: We use cookies and similar tracking technologies to enhance your experience and gather analytics. Please refer to our Cookie Policy for more details.

3. How We Use Your Information

We process your personal data for the following purposes:

  • AI Model Training: To train our AI models to recognize and generate images based on your likeness.
  • Service Delivery: To provide and maintain our services, process transactions, and generate requested images.
  • Customer Support: To respond to inquiries and provide technical assistance.
  • Improvement and Development: To analyze usage patterns and improve our website, services, and AI algorithms.
  • Security and Fraud Prevention: To protect against misuse, unauthorized transactions, and fraudulent activities.
  • Legal Compliance: To comply with applicable laws, regulations, and legal processes.

4. Legal Basis for Processing

Under GDPR and LGPD, we rely on the following legal bases for processing your personal data:

  • Consent: You have given clear consent for us to process your personal data for specific purposes.
  • Contractual Necessity: Processing is necessary for the performance of a contract with you or to take steps at your request before entering into a contract.
  • Legitimate Interests: Processing is necessary for our legitimate interests, such as improving services and ensuring security, unless overridden by your data protection rights.
  • Legal Obligations: Compliance with legal and regulatory obligations to which we are subject.

5. Cookies and Tracking Technologies

We use cookies and similar technologies to personalize content, analyze our traffic, and improve user experience. You can manage your cookie preferences through your browser settings. For more information, please see our Cookie Policy.

6. Data Retention

  • Training Data: Uploaded photos are retained as long as necessary for AI training purposes or until you request deletion.
  • Generated Images: Stored as long as your account is active or as needed to provide services.
  • Transaction Records: Maintained for accounting, legal, and regulatory purposes in accordance with applicable laws.

7. Data Security

We implement appropriate technical and organizational measures to protect your personal data:

  • Encryption: Data is encrypted during transmission (SSL/TLS) and at rest.
  • Access Controls: Restricted access to personal data to authorized personnel only.
  • Security Audits: Regular assessments to identify and mitigate vulnerabilities.

Please note that no method of transmission over the internet or electronic storage is completely secure. While we strive to protect your personal data, we cannot guarantee its absolute security.

8. Sharing and Disclosure

We do not sell or rent your personal data. We may share your information under the following circumstances:

  • Service Providers: Trusted third-party vendors (e.g., Stripe for payment processing) who assist in operating our website and services, subject to confidentiality agreements and data protection requirements.
  • Legal Requirements: To comply with legal obligations, court orders, or government requests.
  • Protection of Rights: To enforce our Terms of Service, protect our operations, or safeguard the rights and safety of TakePicsAI and our users.

9. International Data Transfers

Your personal data may be transferred to and processed in countries other than your country of residence, including countries outside the European Economic Area (EEA) and Brazil. We take appropriate measures to ensure that such transfers comply with applicable data protection laws and that your personal data remains protected, including the use of Standard Contractual Clauses approved by the European Commission and compliance with LGPD requirements.

10. Your Rights

Under GDPR and LGPD

You have the following rights regarding your personal data:

  • Right to Access: Obtain confirmation as to whether or not your personal data is being processed and access your personal data.
  • Right to Rectification: Request correction of inaccurate or incomplete personal data.
  • Right to Erasure: Request deletion of your personal data under certain conditions.
  • Right to Restrict Processing: Request the restriction of processing your personal data under certain circumstances.
  • Right to Data Portability: Receive your personal data in a structured, commonly used, and machine-readable format and transmit it to another data controller.
  • Right to Object: Object to the processing of your personal data for certain purposes.
  • Right to Withdraw Consent: Withdraw your consent at any time without affecting the lawfulness of processing based on consent before its withdrawal.

Under U.S. Privacy Laws (e.g., CCPA for California Residents)

  • Right to Know: Request disclosure of the categories and specific pieces of personal information collected.
  • Right to Delete: Request deletion of personal information collected from you.
  • Right to Opt-Out: Opt-out of the sale of personal information (Note: We do not sell personal information).
  • Right to Non-Discrimination: Not receive discriminatory treatment for exercising your privacy rights.

To exercise any of these rights, please contact us at contato@fintz.com.br. We may need to verify your identity before processing your request.

11. Payments, Refunds, and Chargebacks

  • Payment Processing: All payments are securely processed through Stripe, a trusted third-party payment gateway compliant with PCI-DSS standards. Stripe's Privacy Policy is available here.
  • Refund Policy: Due to the personalized nature of our services, all sales are final. We do not offer refunds in any case, but you can cancel your subscription at any time.
  • Chargebacks: Unauthorized chargebacks are considered a breach of this agreement. We reserve the right to suspend or terminate accounts involved in fraudulent activities and may pursue legal action to recover losses.

12. User Responsibilities and Misuse

  • Accurate Information: You are responsible for providing accurate and lawful content when using our services.
  • Prohibited Content: Uploading illegal, harmful, or infringing content is strictly prohibited and may result in account termination and legal action.
  • Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
  • Unauthorized Activities: Any misuse of our services, including attempts to disrupt or impair our operations, will lead to appropriate actions, including suspension or termination of your account and potential legal remedies.

13. Children's Privacy

Our services are not intended for individuals under the age of 18. We do not knowingly collect personal information from minors. If we become aware that a minor has provided us with personal data, we will take steps to delete such information promptly. Parents or guardians who believe that we might have any information from or about a child under 18 should contact us at contato@fintz.com.br.

14. Changes to This Privacy Policy

We may update this Privacy Policy from time to time to reflect changes in our practices, technology, legal requirements, and other factors. When changes are made, we will update the "Last Updated" date at the top of this document. We encourage you to review this Privacy Policy periodically to stay informed about our data protection practices.

15. Contact Us

If you have any questions, concerns, or requests regarding this Privacy Policy or our data processing practices, please contact us at:

Email: contato@fintz.com.br

By using our website and services, you acknowledge that you have read and understood this Privacy Policy and agree to be bound by its terms.