Effective as of: June 12, 2023
Welcome to unboring, an online website located at https://reface.ai/unboring (the “Platform”) that allows you to restyle, animate and swap faces at pictures, photos, GIFs, videos or other content, by using our AI and ML functionality (“unboring”, “we”).
We are committed to protecting and respecting your privacy and will use your personal information only after obtaining your consent to the collection and processing of your personal data on the terms specified below and in strict accordance with the General Data Protection Regulation (the “GDPR”), the California Consumer Privacy Act of 2018 (the “CCPA”), California Privacy Rights Act (the “CPRA”) and other applicable laws, regulations and guidelines.
This Privacy Notice is designed to help you understand how the developer of unboring, Reface Europe UAB, a legal entity incorporated under the laws of the Republic of Lithuania, registration number 306110360 (“we”, “us,” and “our”) collects, uses, and shares your personal information and to help you understand and exercise your privacy rights.
- Changes to our privacy notice
- Personal information we collect
- How we use your information
- How we disclose your information
- Your privacy choices and rights
- Security of your information
- International data transfers
- Retention of personal information
- Supplemental notice for California residents
- Supplemental notice for Nevada residents
- Supplemental notice for Virginia residents
- Children’s information
- Third-party websites/applications
- Supervisory authority
- Contact us
This Privacy Notice applies to personal information processed by us on our Platform and our related online and offline offerings. To make this Privacy Notice easier to read, our Platform, including your use of any service(s) offered through it, and related offerings are collectively called “Services.”
We may revise this Privacy Notice from time to time in our sole and absolute discretion. If there are any material changes to this Privacy Notice, we will notify you as may be required by applicable law effective as of the date of such material changes becoming effective. You understand and agree that you will be deemed to have accepted the updated Privacy Notice if you continue to use our Services after the new Privacy Notice takes effect. Also, we encourage you to regularly review this Privacy Notice to check for any changes.
The categories of personal information we collect depend on how you interact with us, our Services and on the requirements of applicable law. We collect information that you provide to us, the information we obtain automatically when you use our Services, and information from other sources such as third-party services and organizations, as described below.
3.1. Information You Provide to Us Directly
We may collect the following personal information that you provide to us.
- Account Creation. We may collect information when you create an account, such as your name, email address, and profile information.
- Photos, Pictures, GIFs and Videos. We may collect the photos, pictures, GIFs and videos that you upload from your device while using our Platform in order to restyle, animate or swap faces.
- Generated Content. We may also collect and store the content you generate within the Platform, including your pictures, photos, videos or GIFs that are restyled or with swapped and animated faces, subject to the terms of Section 9 (“Retention Of Personal Data”).
- Biometric Data. We may collect such biometric data as your facial geometry (face embeddings) from photos, pictures, GIFs or videos you upload to the Platform. Please note that we DO NOT collect or store your biometric data such as your facial features and geometry without your separate opt-in consent. You may opt-out of our use of this data at any time by contacting us at the contact information provided below in Section 16 (Contact us).
- Usage Data. When you use our Services, we may collect information about your activity within our Services, for example, which pages you have viewed and for how long. We also may collect IP-addresses, the source of the traffic, information regarding the device and operating system, information about your wireless and mobile network connections, unique device identifiers, browser type, language, battery level, and time zone. We collect such data as IP-address, your device model, screen resolution and operation system, session durations, your location with the help of Google Analytics. These data help us to analyze your needs and interests, evaluate the effectiveness of our campaigns and improve our Platform and your user experience.
- Interactive Features. We and others who use our Services may collect personal information that you submit or make available through our interactive features (e.g., the content that you share and social media pages). Any information you provide on the public sections of these features will be considered “public,” unless otherwise required by applicable law, and is not subject to the privacy protections referenced herein.
- Tokens. After activation of any of our payment models, either a basic free of charge Starter plan, a monthly Subscription model, or a Pay-as-You-Go plan, we may also collect information about how, when and how many tokens have been received, transferred or already used for the Services within the Platform.
- Your Communications with Us. We may collect personal information, such as name and surname, email address and other personal data you may provide to us when you register on our Platform (including, registration via Google OAuth), request information about our Services, subscribe to receive our newsletter or marketing, request customer or technical support, or otherwise communicate with us.
- Surveys. We may contact you to participate in the surveys. If you decide to participate, you may be asked to provide certain information which may include personal information.
- Business Development and Strategic Partnerships. We may collect personal information from individuals and third parties to assess and pursue potential business opportunities.
- Job Applications. We may post job openings and opportunities on our Services. You may reply to one of these postings by submitting your application, CV, resume, cover letter, and/or other information to us.
3.2. Information Collected Automatically
We may collect personal information automatically when you use our Services:
- Automatic Data Collection. We may collect certain information automatically when you use our Services, such as your Internet protocol (IP) address, user settings, MAC address, cookie identifiers, browser or device information, location information (including approximate location derived from IP address), Internet service provider, and metadata about the content you provide which can provide details such as the location of where a picture or video was taken. We may also automatically collect information regarding your use of our Services, such as pages that you visit before, during and after using our Services, information about the links you click, the types of content you interact with, the frequency and duration of your activities, and other information about how you use our Platform and Services.
- Cookies. Cookies are small text files placed in device browsers that store preferences and facilitate and enhance your experience.
- Pixel Tags/Web Beacons. A pixel tag (also known as a web beacon) is a piece of code embedded in our Services that collects information about engagement on our Services. The use of a pixel tag allows us to record, for example, that a user has visited a particular web page or clicked on a particular advertisement. We may also include web beacons in e-mails to understand whether messages have been opened, acted on, or forwarded.
Our use of these Technologies falls into the following general categories:
- Operationally Necessary. Necessary cookies are required to enable the basic features of this Platform, such as providing secure log-in or adjusting your consent preferences. These cookies do not store any personally identifiable data;
- Performance-Related. We may use Technologies to assess the performance of our Services, including as part of our analytic practices to help us understand how individuals use our Services (please see “Analytics” category below);
- Functionality-Related. Functional cookies help perform certain functionalities like sharing the content of the Platform on social media platforms, collecting feedback, and other third-party features;
- Advertising - or Targeting-Related. We may use first-party or third-party Technologies to deliver content, including ads relevant to your interests, on our Services or on third-party websites. Please see Section 6 (Your Privacy Choices and Rights) below to understand your choices regarding these Technologies.
- Analytics. Analytical cookies are used to understand how visitors interact with the Platform. These cookies help provide information on metrics such as the number of visitors, bounce rate, traffic source, etc. We may use Technologies and other third-party tools to process analytics information on our Services. Some of our analytics partners include Google Analytics. For more information, please visit the Google Privacy Terms web page. To learn more about how to opt out of Google’s use of your information on the Platform, please follow the instructions provided in Google Privacy Terms.
3.3. Information Collected from Other Sources
We may obtain information about you from other sources, including through third-party services and organizations. For example, if you access our Services through a third-party application, a third-party login service, or a social networking site, we may collect information about you from that third-party or third-party application that you have made available via your privacy settings.
We use your information for a variety of business purposes, including to provide our Services, for administrative purposes, and to market our products and Services, as described below.
If unboring decides to change the purposes of processing specified above, we will inform you of such changes before using your personal information for the newly established purposes and ask for your separate consent (if required by the applicable laws).
4.1. Provide Our Services
We use your information to fulfil our contract with you and provide you with our Services, such as:
- Providing face(-s)-swapping services;
- Providing face(-s) animation;
- Providing restyling services, and other similar services;
- Managing your account, payment plans and other information on the Platform;
- Providing access to certain areas, functionalities, and features of our Services;
- Answering requests for customer or technical support;
- Communicating with you about your activities on our Services, terms and policy changes; and
- Processing your financial information and other payment methods for products or Services purchased.
4.2. Administrative Purposes
We use your information for various administrative purposes, such as:
- Pursuing our legitimate interests such as direct marketing, research and development (including marketing research), establishing new business relationships, network and information security, and fraud prevention;
- Detecting security incidents, data breaches and leakages, protecting against malicious, deceptive, fraudulent or illegal activity, and prosecuting those responsible for that activity;
- Measuring interest and engagement in our Services;
- Short-term, transient use, such as contextual customization of ads;
- Improving, upgrading or enhancing our Services;
- Developing new products and Services;
- Ensuring internal quality control and safety;
- Authenticating and verifying individual identities;
- Debugging to identify and repair errors with our Services;
- Auditing relating to interactions, transactions and other compliance activities;
- Enforcing our agreements and policies; and
- Complying with our legal obligations.
4.3. Marketing and Advertising our Products and Services
We may use personal information to tailor and provide you with content and advertisements. We may provide you with these materials as permitted by applicable law.
Some of the ways we may market to you include email campaigns, custom audiences advertising, and “interest-based” or “personalized advertising,” including through cross-device tracking.
If you have any questions about our marketing practices or if you would like to opt out of the use of your personal information for marketing purposes, you may contact us at any time as set forth in** Section 16 (Contact Us)** below with the subject line “Do Not Share My Personal Information for Cross-Context Behavioral Advertising”.
4.4. Other Purposes
We also use your information for other purposes as requested by you or as permitted by applicable law.
- Consent. We may use personal information for other purposes that are clearly disclosed to you at the time you provide personal information or with your prior consent obtained in accordance with applicable laws.
- De-identified and Aggregated Information. We may use personal information and other information about you to create de-identified and/or aggregated information, such as de-identified demographic information, de-identified location information, information about the device from which you access our Services, or other analyses we create.
- Share Content with Friends or Colleagues. Our Services may offer various tools and functionalities. For example, we may allow you to provide information about your friends or colleagues through our referral services. Our referral services may allow you to forward or share certain content with a friend or colleague, such as an email inviting your friend to use our Services.
We disclose your information to third parties for a variety of business purposes, including to provide our Services, to protect us or others, or in the event of a major business transaction such as a merger, sale, or asset transfer, as described below.
5.1. Disclosures to Provide our Services
The categories of third parties with whom we may share your information are described below.
- Service Providers. We may share your personal information with our third-party service providers who use that information to help us provide our Services. This includes service providers that provide us with IT support, hosting, payment processing, analytics, customer service, and related services.
- Business Partners. We may share your personal information with business partners to provide you with a product or service you have requested. We may also share your personal information with business partners with whom we jointly offer products or services.
- Advertising Partners. We may share your personal information with third-party advertising partners. These third-party advertising partners may set Technologies and other tracking tools on our Services to collect information regarding your activities and your device (e.g., your IP address, cookie identifiers, page(s) visited, location, time of day). These advertising partners may use this information (and similar information collected from other services) for the purposes of delivering personalized advertisements to you when you visit digital properties within their networks. This practice is commonly referred to as “interest-based advertising” or “personalized advertising.”
- APIs/SDKs. We may use third-party application program interfaces (“APIs”) and software development kits (“SDKs”) as part of the functionality of our Services. For more information about our use of APIs and SDKs, please contact us as set forth in Section 16 (Contact Us) below.
5.2 Disclosures to Protect Us or Others
We may access, preserve, and disclose any information we store associated with you to external parties if we, in good faith, believe doing so is required or appropriate to: comply with law enforcement or national security requests and legal process, such as a court order or subpoena; protect your, our, or others’ rights, property, or safety; enforce our policies or contracts; collect amounts owed to us; or assist with an investigation or prosecution of suspected or actual illegal activity.
6.1. Your Privacy Choices
The privacy choices you may have about your personal information are determined by applicable law and are described below.
- “Do Not Track.” Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. Please note that we do not respond to or honour DNT signals or similar mechanisms transmitted by web browsers.
- Cookies and Interest-Based Advertising. You may stop or restrict the placement of Technologies on your device or remove them by adjusting your preferences as your browser or device permits. However, if you adjust your preferences, our Services may not work properly. The online advertising industry also provides websites from which you may opt out of receiving targeted ads from data partners and other advertising partners that participate in self-regulatory programs. You can access these and learn more about targeted advertising and consumer choice and privacy by visiting the Network Advertising Initiative, the Digital Advertising Alliance, the European Digital Advertising Alliance, and the Digital Advertising Alliance of Canada.
Please note you must separately opt out in each browser and on each device.
6.2. Your Privacy Rights
In accordance with applicable law, you may have the right to:
- Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
- Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
- Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
- Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
- Not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects or similarly significantly affects you. Please note, that we do not use automated decision-making and profiling.
- Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:
- if you want us to establish the data’s accuracy;
- where our use of the data is unlawful, but you do not want us to erase it;
- where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or
- you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
- Request the transfer of your personal data to you or to a third party (commonly known as a “right to data portability”). We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
- Lodge a complaint with a supervisory authority in case you consider that the processing of personal data relating to you is an infringement of the applicable laws.
- Receive compensation in case you have suffered material or non-material damage as a result of an infringement of the applicable laws by the entities and individuals processing your personal data.
- Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
6.3. How to Exercise Your Privacy Rights
If you would like to exercise any of these rights, please contact us as set forth in Section 16 (Contact Us) below. We will process such requests in accordance with applicable laws and provide information on actions taken on your request within one (1) month following the receipt of your request. The general response period may be extended by two (2) additional months if unboring is overwhelmed by the number of user requests, or the request is complicated and requires additional resources on our side. We will inform you of such an extension within one (1) month following the receipt of the request specifying reasonably detailed reasons for such delay.
We take steps to ensure that your information is treated securely and in accordance with this Privacy Notice by implementing and regularly updating our organisational and technical security measures to secure your personal information from unauthorized access, disclosure, use, and modification. Unfortunately, no system is 100% secure, and we cannot ensure or warrant the security of any information you provide to us. To the fullest extent permitted by applicable law, we do not accept liability for unauthorized disclosure.
By using our Services or providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of our Services. If we learn of a security system breach, we may attempt to notify you electronically by posting a respective notice on our Platform, your account, by email or via any other appropriate notification method.
Your data may be transferred outside the European Economic Area (EEA) to our group companies that are located outside the EEA and/or to third-party service providers which unboring engages in other regions (including without limitation Ukraine and the USA), which may have data protection laws that are different from the laws where you live.
If you are from the EEA, it is important for you to know that the transfer of your data to the recipients in third countries under the GDPR is secured either by the participation of the contractors from these countries on the basis of a data processing agreement with implemented standard contractual clauses for data transfers between EEA and non-EEA countries adopted by the European Commission and only after the performance of the transfer impact assessment of such third country’s legislation; or another basis compliant with the EEA data protection laws, including your explicit consent. By using our Services, you agree to such transfer and processing within the purposes set in this Privacy Notice.
In all cases we pass the information to other persons, we ensure that your information is being protected and used only within the purposes specified in this Privacy Notice. This is achieved by using only certified services and products, signing data processing agreements and non-disclosure agreements with contractors, as well as taking technical measures to ensure the information is protected when stored, used and while being transferred.
You also have to be aware of the fact that unboring may disclose your personal information to enforce and comply with the law. In other words, we may disclose to officials the information necessary for the investigation or legal process on official request or the official bodies acting within their powers.
Please contact us via any available means if you want further information on the specific mechanism used by us for international transfers of your personal data.
We may store the personal information we collect from you as described in this Privacy Notice for as long as you use our Services or as necessary to fulfill the purpose(s) for which it was collected, provide our Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws. Notwithstanding the foregoing, we may store biometric data for three (3) years.
Personal information which you provide us with during the Platform usage (namely, photos, pictures. videos or GIFs you share us with) and your generated content will be shown in your personal account on the Platform and stored on Google Cloud Storage servers during the period you have a valid and activated plan for our Services (for example, for one (1) month if you have purchased a monthly subscription) unless you delete such data manually using the Platform functionality, or via “Request user data removal” button on the Platform. We will also delete your data in case you suspend using our Services, namely do not renew your plan or delete your account on the Platform upon request.
Please note that you also may also request us to delete your personal data by sending us an email at [email protected] by contacting us via any other available means.
This Supplemental Policy for California Residents only applies to our processing of personal information that is subject to the CCPA and the CPRA. The CCPA and the CPRA provide California residents with the right to know what categories of personal information a person (either a natural person or a legal entity) has collected about them and whether such person disclosed that personal information for a business purpose (e.g., to a service provider) in the preceding twelve (12) months. California residents can find this information below.
10.1. Categories of personal data collected
|Category of Personal Information Collected by unboring||Categories of Third Parties Personal Information is Disclosed to for a Business Purpose|
|Identifiers||• Service providers |
• Other users or third parties you share with
• Advertising partners
|Personal information categories listed in Cal. Civ. Code § 1798.80(e)||• Service providers|
• Other users or third parties you share with
|Commercial information||• Service providers|
• Other users or third parties you share with
|Biometric information||Service providers|
|Internet or other electronic network activity||• Service providers|
• Other users or third parties you share with
• Advertising partners
|Sensitive Personal Information||• Service providers • Other users or third parties you share with|
|Geolocation data||• Service providers |
• Other users or third parties you share with
• Advertising partners
|Inferences drawn from other personal information to create a profile about a consumer||• Service providers |
• Other users or third parties you share with
• Advertising partners
The categories of sources from which we collect personal information and our business and commercial purposes for using personal information are set forth above.
10.2. Additional Privacy Rights for California Residents
- “Sales” of Personal Information under the CCPA and CPRA. For purposes of the CCPA and CPRA, we do not “sell” personal information, nor do we have actual knowledge of any “sale” of personal information of minors under 16 years of age.
- Non-Discrimination. California residents have the right not to receive discriminatory treatment by us for the exercise of their rights conferred by the CCPA and CPRA. We won’t deny our Services, charge you a different price, or provide a different level or quality of Services just because you exercised your rights under the applicable data protection laws.
- Authorized Agent. Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. To designate an authorized agent, please contact us as set forth below.
- Verification. When you make a request, we will ask you to provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, which may include confirming the email address associated with any personal information we have about you.
- Limit of use and disclosure of sensitive personal information. You can ask us to only use your sensitive personal information (for example, your social security number, financial account information, your precise geolocation data, or your biometric data) for limited purposes, such as providing you with the services you requested.
If you are a California resident and would like to exercise any of your rights under the CCPA and/or CPRA, please contact us as set forth in Section 16 (Contact Us) below. We will process such requests in accordance with applicable laws.
If you are a resident of Nevada, you have the right to opt out of the sale of certain personal information to third parties who intend to license or sell that personal information. You can exercise this right by contacting us as set forth in Section 16 (Contact Us) below with the subject line “Nevada Do Not Sell Request” and providing us with your name and the email address associated with your account. Please note that we do not currently sell your personal information as sales are defined in Nevada Revised Statutes Chapter 603A.
Under the Virginia Consumer Data Protection Act, you may request us to exercise your right to access your personal data, to correct inaccuracies in your personal data, to obtain a copy of your personal data, to opt out of the processing of the personal data for purposes of (a) targeted advertising, (b) the sale of personal data, or (c) profiling in furtherance of decisions that produce legal or similarly significant effects concerning you. Please note that we do not currently sell your personal information as sales are defined in Chapter 53 of the Code of Virginia.
We adhere to the provisions of the GDPR and the U.S. Children’s Online Privacy Protection Act (“COPPA”) regarding the processing of minors’ personal information. The Services are not directed to children under sixteen (16) (or other either lower or higher age as required by local law), and we do not knowingly process the personal information of children. If you learn that your child has provided us with personal information without your consent, you may contact us as set forth in Section 16 (Contact Us) below. If we learn that we have collected a child’s personal information in violation of applicable law, we will promptly take steps to delete such information.
The Services may contain links to other websites/applications and other websites/applications may reference or link to our Services. These third-party services are not controlled by us. We encourage our users to read the privacy policies of each website and application with which they interact. We do not endorse, screen or approve, and are not responsible for, the privacy practices or content of such other websites or applications. Providing personal information to third-party websites or applications is at your own risk.
If you are located in the European Economic Area, Switzerland, or the United Kingdom, you have the right to lodge a complaint with a supervisory authority if you believe our processing of your personal information violates applicable law. The full list of authorities on the protection of personal data in each EU member state is available via the following link: https://digital-strategy.ec.europa.eu/en/library/list-personal-data-protection-competent-authorities. Our Lithuanian data protection authority has the following details:
State Data Protection Inspectorate
E-mail: [email protected]
We hope this Privacy Notice helped you understand how your personal information is dealt with at unboring. We will undertake its best effort to make your personal data protected. If you have any questions about our privacy practices or this Privacy Notice, or would like to exercise your rights as detailed in this Privacy Notice, please contact us at: [email protected].