Privacy Policy

We respect your privacy and are committed to protecting your privacy rights. Please take the time to read this Privacy Policy carefully. We want to be clear about how we use information, and about how you can protect your privacy. To ensure transparency, this Privacy Policy describes our information-handling practices when you access the Swapify mobile applications (“Swapify Applications”).

If you have any questions, please feel free to contact us at: [email protected].

References in this Policy to “Swapify”, “we”, “our” or “us”, are to Paysenger Inc. and references to “you”, “your”, “customer” or “user” are to the person who is a user of the Swapify Applications. All the definitions used in this Privacy Policy shall have the same meaning as in our Terms of Service  unless this Policy sets a different meaning.

Upon accessing, downloading, using or registering at the Swapify Applications you agree to be legally bound by and to comply with the terms of this Privacy Policy. Where we require your consent to process your personal information, we will ask for your consent to the collection, use, and disclosure of your personal information as described further below.

By agreeing to this Policy, you agree for processing of your biometric data in the way described in the Section 3 of this Policy.  

IF YOU DO NOT AGREE WITH THIS POLICY, PLEASE UNINSTALL SWAPIFY APPLICATIONS AND CEASE USING SERVICES IMMEDIATELY.

 

1. Our Status

а. We will act as a data controller in relation to personal information about you that may be either provided by you or collected by us.

b. As a data controller, we will solely determine the purposes and means of the processing of your personal information.

2. How we use your personal information

a. In this Section 2 we have set out:

i. the general categories of personal information that we may process;

ii. the purposes for which we may process personal information; and

iii. the legal basis of the processing.

b. Please note that not all the information you provide to us is personally identifiable information according to the applicable law.

c. It is your sole decision whether to provide us with the requested information or not. However, if you choose to withhold the requested information, we may not be able to create an account for you at the Swapify Applications or provide you with the possibility to use our services. Depending upon the activity, some of the information that we ask you to provide is identified as mandatory and some as optional. Please do not supply any other person’s personal information to us, unless we prompt you to do so.

d. Usage data . We may process information about your use of the Swapify Applications (“usage data”). The usage data may include:

i. your IP address, referral source, length of visit, navigation paths, as well as information about the timing, frequency and pattern of your use;

ii. your device id.

Source . The source of the usage data is our analytics tracking system and your usage of the Swapify Applications .

Processing . This usage data may be processed for the purposes of analysing the use of the Swapify Applications and to keep you signed in at the Swapify Applications .

Legal Basis . The legal basis for this processing is your consent and our legitimate interest, namely monitoring and improving the Swapify Applications and our services.

e. Account data . We may process your account data (“account data”). The account data may include your email address.

Source . The source of the account data is you.  

Processing . The account data may be processed for the purposes of providing you access to our services and registering your account with Swapify Applications , ensuring the security of the Swapify Applications and communicating with you.

Legal Basis . The legal basis for this processing is a performance of an agreement between you and us and/or taking steps, at your request, to enter into such an agreement.

f. Content data . We may process your content (“content data”) when you upload photos and videos to Swapify Applications. The content data may include the content itself as well as information about that content, such as the time, date and place the photo or video was taken or uploaded (also known as metadata).  

Source . The source of the content data is you.

Processing . The content data may be processed for the purposes of providing you requested services, for anti-fraud purposes, the assessment of whether that content is in violation of intellectual property or publicity rights of third parties or for the assessment of whether the content is consistent with our Terms of Service.

Legal Basis. The legal basis for this processing is a performance of an agreement between you and us and/or taking steps, at your request, to enter into such an agreement, and is the compliance with our legal obligation, the protection and assertion of our legal rights, your legal rights and the legal rights of others.

g. Face data . The main reason why you could use Swapify Applications is provision you services of replacement of faces detected on photos or videos, either provided by you or suggested and provided by us, with your face detected on photo(s) provided by you as a reference. For this reason, we may process images of your face (“face data”).

Source . The source of the face data is you.

Processing . The face data may be processed for the purposes of providing you with requested services, specifically, to derive and create your individual digital face profile and further apply your individual digital face profile to a photo or a video.

Legal Basis . The legal basis for this processing is a performance of an agreement between you and us and/or taking steps, at your request, to enter into such an agreement.

Please refer to the Section 3 where we provide more details on our practices of processing your individual digital face profile.

h. Customer relationship data . We may process information contained in or relating to any communication that you send to us, or relating to our customer relationships with you (“customer relationship data”). The customer relationship data may include your name, your contact details ( phone number, email address or messenger identifiers you use to communicate with us) and information contained in communications between us and you.

Source . The source of the customer relationship data is you.

Processing . The customer relationship data may be processed for the purposes of managing our relationships with customers, communicating with customers, customer support, quality assurance of our customer support and communication with customers, keeping records of those communications and promoting our products and services to customers.

Legal Basis . The legal basis for this processing is a performance of an agreement between you and us and/or taking steps, at your request, to enter into such an agreement and our legitimate interest, namely the proper management of our customer relationships and administration of the Swapify Applications.  

i. Processing . We may process any of your personal information identified in this Policy where necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure, or for detecting, preventing and addressing fraud and other illegal activity.

Legal Basis . The legal basis for this processing is our legitimate interest, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others.

j. Processing . We may process any of your personal information identified in this Policy where necessary for the purposes of managing risks or obtaining professional advice.

Legal Basis . The legal basis for this processing is our legitimate interest, namely the proper protection of our business against risks.

k. In addition to the specific purposes for which we may process your personal information set out in this Section 2, we may also process any of your personal information where such processing is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another individual.  

3. How we use your face data. Digital face profile

a. The main functionality of Swapify Applications is a provision to you entertainment services, specifically, services of replacement of faces on photos or videos with your face. For this purpose, we need to process your face image in order to derive and create your individual digital face profile based on dots.

 

b. The only scenario when we use your face profile is when you request us to create a new photo or video with replaced faces. In this scenario we will recognise a photo you provide as a reference, create your individual digital face profile and further apply your individual digital face profile to a photo or a video you provided us or suggested by us for replacement of faces. Once the generation of a new photo or a video with replaced faces is done, we will automatically delete your individual digital face profile.

 

c. From a technical perspective, the analysis and further creation of an individual digital face are performed on third-party servers and not on your device. The factual recognition and generation of new photos or videos are performed by artificial intelligence applications and software owned and operated by us.

 

d. Please pay attention that we do not store your individual digital face profile. We create your individual digital face profile each time you request the generation of a photo or a video with replaced faces, and once the generation is done, we automatically delete your individual digital face profile.  

 

e. We do not and will never use your individual digital face profile in a way which allows or confirms the unique identification of you and/or for the purpose of your identification or authentication, controlling your access or use of Swapify Applications or our services, making any kind of decision about you, including automated decision making.  

 

f. According to the law of certain jurisdictions, your individual digital face profile may be considered as biometric data, however, once we do not use this biometrical data for uniquely identifying you as a natural person, it shall not be considered a special category of a personal data and thus such processing shall not be considered processing of special category of data.

4 . How we use your personal information for marketing

a. We may process your personal information identified in this Policy to keep you informed about our new products, product upgrades, special offers, webinars, events and promotions that may be of interest to you, to send you updates regarding services you have shown interest in or provide further information related to the topic you requested, or to get your consent to further contacting you regarding any other services you might be interested in .  

Legal Basis . The legal basis for this processing is our legitimate interest, namely the development and conducting of our business.

b. We may use your personal information to send you promotional emails and/or newsletters when you have consented to receive such communications.

Legal Basis. The legal basis for this processing is your consent to receive promotional communications from us.

c. We may use aggregate, non-identifying statistical data for statistical analysis, marketing, or similar promotional purposes to help improve our offerings to you or to improve your browsing experience by personalising the Swapify Applications.

5 . General processing

a. Our processing means any operation or set of operations which is performed on personal information, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction, support, maintenance, etc. The processing of personal information is carried out using computers and/or IT-enabled tools, following organisational procedures and modes strictly related to the purposes indicated.

b. We do not make automated decisions, including profiling.

c. Your personal information is processed at our operating offices and in any other place where the parties involved with the processing are located.

d. Your personal information is stored on cloud services provided by Google (Google Cloud) . Also, processing your face data, deriving your individual digital face profile and applying it to generate a new photo or video is made by using computing capacity provided by Google (Google Cloud). Google Cloud Privacy Notice is available at https://cloud.google.com/terms/cloud-privacy-notice . Google Cloud Data Processing Addendum (Customers) is available at https://cloud.google.com/terms/data-processing-addendum .

e. We have implemented measures designed to secure your personal information from accidental loss and unauthorised access, use, alteration, and disclosure.  

6. Disclosing Your Personal Information

a. We may disclose your personal information to our affiliates, our contractors and our service providers insofar as reasonably necessary for the purposes, and on the legal bases, set out in this Policy.

b. Your face data and your individual digital face profile will never be disclosed to any third parties.

c. Your personal information may be accessible to certain types of our employees or contractors, involved with the operation of the Swapify Applications (customer support, marketing, moderation, compliance, legal, system administration) or external parties (such as third-party technical service providers, identity verification service providers, hosting providers, software development service providers, communication agencies) appointed, if necessary, as data processors by us.

d. In addition to the specific disclosures of personal information set out in this Section 6, we may disclose your personal information where such disclosure is necessary (i) for compliance with a legal obligation to which we are subject or in response to a subpoena, court order, or other legal mechanisms, or (ii) in order to protect your vital interests or the vital interests of another natural person. We may disclose your personal information to our professional advisers insofar as reasonably necessary for the purposes of managing risks, obtaining professional advice, or the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure or detecting, preventing and addressing fraud and other illegal activity.

e. If we transfer your personal information outside the USA, EEA zone, UK or Switzerland, we will ensure an adequate level of protection by any of the recognised methods of transfer, including but not limited to entry into the standard contractual clauses for the transfer of personal information to processors established in third countries.

7. Retaining and Deleting Personal Information

a. We do not store your individual digital face profile. We create your individual digital face profile each time you request the generation of a photo or a video with replaced faces, and once the generation is done, we automatically delete your individual digital face profile.

b. We store your content data for as long as you maintain an account with Swapify Applications or until you delete this content data from your account. Once you request us to delete your account with Swapify Applications, we will delete all your account data and content data.

c. We retain your personal information for as long as it is necessary for us to use your information as described above or to comply with our legal obligations and legitimate interests. For instance, we may retain your information as necessary to meet our legal obligations, such as for tax and accounting purposes.

d. We will retain your customer relationship data no longer than 5 years from our last interaction with you related to your inquiry about the Swapify Applications, our services or any other issues you have related to the Swapify Applications or our services.

e. We will store your personal information that is used to send you promotional e-mails and/or newsletters or used in relation to your support tickets. Such information will be stored and processed solely for this purpose until you withdraw your consent, where applicable, or unsubscribe from newsletters, but not longer than for 5 years after your last interaction with us.

f. Otherwise, we either delete or anonymise the personal information collected. In case personal information was transferred to backup storage and, therefore, cannot be deleted, we continue to store it securely, but do not use it for any purpose. In all the other cases, we proceed with the deletion of personal information.

g. Account Deactivation. At any time, you can deactivate/cancel your account and erase your personal information by emailing [email protected].

8. Third Parties

a. The Swapify Applications may contain links to any other websites or services. Please note that we are not responsible for the privacy practices or the content of such websites or services, and you should review the privacy policy of each such website or service to make sure you are comfortable with it before providing any personal information.

9. Rights of the European Union users

If you are located in the European Union, as a data subject (a person whose personal information is collected, stored and processed) you have several rights under the General Data Protection Regulation:

a. Right of access. You have the right to obtain confirmation if your personal information is being processed by us. If that is the case, you can access your personal information and the following information: (i) the purposes of the processing; (ii) the categories of personal information; (iii) to whom the personal information has been or will be disclosed; (iv) the envisaged period for which the personal information will be stored, or the criteria used to determine that period.

If you would like to have a copy of your personal information from us, we will provide it if (i) you prove your identity, (ii) it will not adversely affect the rights and freedoms of others. The first copy will be provided for free, for any further copies we may charge a reasonable fee based on administrative costs.

b. Right to rectification . You have the right to demand that we correct without undue delay your personal information which we have in our systems if it is inaccurate or incomplete.

c. Right to erasure (“right to be forgotten”). You have the right to demand that we erase your personal information, and we shall erase it without undue delay where one of the following grounds applies: (i) this personal information is no longer necessary in relation to the purposes for which it was processed; (ii) you withdraw consent on which the processing is based, and where there is no other legal ground for the processing; (iii) you object to the processing and there are no overriding legitimate grounds; (iv) your personal information has been unlawfully processed; (v) your personal information has to be erased for compliance with a legal obligation.

d. Right to restrict processing. You have the right to restrict us in the ability of processing your information where one of the following applies: (i) you contest the accuracy of your personal information and we are verifying it; (ii) the processing is unlawful and you want to restrict it instead of erasure; (iii) we no longer need your personal information, but you need it for establishment, exercise or defence of legal claims; (iv) you have objected to the processing and we are verifying whether legitimate grounds override your request.

e. Right to data portability. You have the right to receive your personal information which you provided to us in a structured, commonly used and machine-readable format and have the right to transmit those data to another company, where: (i) the processing is based on your consent or on a contract; and (ii) the processing is carried out by automated means.

Where technically feasible, you can demand that we transmit those data directly to another company.

f. Right to object. You have the right to object to the processing of your personal information based on our legitimate interests. We shall no longer process your personal information unless we demonstrate compelling legitimate grounds for the processing or for the establishment, exercise or defence of legal claims.

Where personal information is processed for direct marketing purposes, you have the right to object at any time to the processing of your personal information for such marketing.

g. Right to withdraw consent. You have the right to withdraw your consent for the processing of your personal information at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.  

10. Changes to this Privacy Policy

a. We may modify this Privacy Policy by providing notice of such changes, such as by sending you an email, providing notice through the Swapify Applications or updating the “Last Updated” date at the bottom of this Privacy Policy. By continuing to access or use of the Swapify Applications , you confirm your agreement to the modified Privacy Policy. If you do not agree to any modification to this Privacy Policy, you must stop using the Swapify Applications and our services, and delete Swapify Applications from your devices. We encourage you to frequently review the Privacy Policy to ensure you understand the terms and conditions that apply to your access to, and use of, the Swapify Applications and our services.

11. Contact details

a. If you have any requests concerning your personal information or any queries with regard to this Privacy Policy please feel free to contact us at [email protected] or our mailing address below:

 

Paysenger Inc.

21701 Stevens Creek Blvd #141, Cupertino, CA 95014, USA

 

Last Updated on 28 May 2024