Privacy Policy

This Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your information when You use the Service and tells You about Your privacy rights and how the law protects You.

We use Your Personal data to provide and improve the Service. By using the Service, You agree to the collection and use of information in accordance with this Privacy Policy.

1. Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of this Privacy Policy:

2. Categories of Personal Data that We Collect, Purposes and Legal Bases for Our Processing

We process the following categories of personal data, for the purposes and on the legal bases indicated below. Please note that not all of the below information may be deemed personal data in your jurisdiction in all cases.

 

Purpose Categories of Processed Data
a) To enable you to use the app and to provide you with its functionalities. Identifiers and internet and network activity information (such as IP address, device model, device type, OS version, device language, device name, country set in the device settings, information about your interactions with the app, and unique identifiers, including IDFA or AAID), and other information necessary to enable you to use the app.
b) To improve our products and services (for example, by conducting statistical analysis or other research activities to optimize our features and provide you with new ones). Identifiers and Internet and network activity information (such as IP address), and information collected or generated to improve the app’s functionalities (such as information about your interactions with the app, inferences we generate and other related information about your usage of the app). Neither the images you upload to the app, nor the images generated by the app (e.g. Art QRs) are processed for this purpose.
c) To ensure the quality of the services by analyzing, preventing or correcting failures and bugs, illicit use or misuse of the services. Identifiers, internet and network activity information (such as IP address), inferences we generate and other related information about your usage of the app. Neither the images you upload to the app, nor the images generated by the app (e.g. Art QRs) are processed for this purpose.
d) To comply with our legal obligations, including requests from public authorities. Any information which may be required by law or under the instructions of public authorities.
e) To process and respond to customer support communications and to requests for information you may raise with us. Identification and contact information you provide us (such as name, email address) and the content of your communication or request.
f) To establish, exercise or defend our rights and those of our employees, and to carry out corporate transactions or operations (for example, in case of bankruptcy, merger, acquisition, reorganization, sale of assets or assignments, and due diligence related to any such transactions). Any information necessary to ensure the performance of these purposes.
g) To analyze your usage information, including your preferences, interests and behaviors when you use our product to:Conduct statistical analysis or other research activities to improve our product.Maintain, optimize, and develop new features.Advertise our product towards more creators like you and reach out to inactive users with our ads.Measure the effectiveness of our campaigns and make our advertising more relevant. Your Identifiers and Internet and network activity information that we collect (such as IDFA or AAID, and IP address), information about your interactions with the app, and other related information about your usage of the app.IDFA (on iPhone or iPad) and AAID (on Android devices) are unique device identifiers provided by the operating system of your device, that allow advertisers to track and identify a user for advertising purposes.

 

3. Data Storage and Protection

Personal data may be processed by both automated and non-automated means and may be stored at our premises and on our service providers’ servers. We adopt technical and organizational measures designed to prevent the loss, improper use and alteration of your personal data, including data encryption and pseudonymization measures.

Personal data processed for the purposes referred to in Section 2.a), 2.b), 2.e) and 2.g) will be kept for a period not exceeding the one necessary for the said purposes and, in each case, for no more than 3 (three) years from the date of your last interaction with the app or from the date of the expiration of your subscription unless you access the app after then. In this case, the retention period will start from the date of your last interaction with the app. Images uploaded to the app to generate AI Avatars and images generated by the app from the images you uploaded are deleted from our servers after 30 days.

Personal data processed for the purposes referred to in Section 2.c) will be kept for a period not exceeding the one necessary for the said purposes and, in each case, for no more than 1 year from the date of your last interaction with the app or from the date of the expiration of your subscription unless you access the app after then. In this case, the retention period will start from the date of your last interaction with the app.

Personal data processed for the purposes referred to in Section 2.d), will be kept up to 5 years from the date of your last interaction with the app or from the date of the expiration of your subscription unless you access the app after then. In this case, the retention period will start from the date of your last interaction with the app.

Personal data processed for the purposes referred to in 2.f) will be kept up to 10 years from the date of your last interaction with the app or from the date of the expiration of your subscription unless you access the app after then. In this case, the retention period will start from the date of your last interaction with the app.

Except for any specific legal obligation that may require us to keep personal data for a longer data retention period other than those listed above, at the end of these periods, the personal data processed will be deleted or anonymized.

4. Your Choices with Regard to the Use of Your Personal Data

It is mandatory for you to provide your personal data for the purposes referred to in Sections 2.a), 2.d) and 2.e). If you do not provide the personal data, you will not be able to enjoy the app’s services and features.

Where we rely on our legitimate interest for the purpose referred to in Sections 2.b), 2.c), 2.f) and 2.g), you may, at any time, exercise your right to object to such processing as explained in Section 7 (Your Rights) below.

You can also manage how you share certain information with us by adjusting the privacy and security settings on your mobile device:

If these paths do not work for your devices, please refer to the instructions provided by your device’s operating system or its manufacturer to learn how to adjust your settings.

5. Processing of third parties’ images

You agree to fully indemnify us against any objection, claim, request for compensation for damage arising from such processing that we may receive from third parties whose image has been processed through your spontaneous upload in violation of the applicable laws. In any event, should you provide us with or otherwise process images of third parties, you warrant that this processing is based on an appropriate legal basis.  

6. Source of origin of third parties’ images

7. Sharing Your Personal Data

The photos you choose from your phone will not be shared with any third parties or public. We may share or disclose your other personal data to the following categories of recipients:

Personal data will not be disclosed for any reason other than those stated above, unless such disclosure is deemed necessary for the fulfillment of a legal obligation or if we request your consent.

8. Transfers of Personal Data Outside the European Economic Area

We transfer personal data from the European Economic Area (“EEA”) to other countries outside the EEA. Such data transfers are based on appropriate safeguards in accordance with Applicable Privacy Laws, including - where appropriate - the standard contractual clauses developed by the European Commission (“SCCs”) or the adequacy decisions of the European Commission. When we rely on SCCs we also make sure that supplementary organizational and technical measures are in place to ensure an adequate level of protection to the personal data transferred, by carrying out also the relevant Transfer Impact Assessments on the processing activities and service providers located outside the EEA (e.g., we store personal data collected through the app on Google Cloud Platform, and our contracting party is Google Cloud Italy S.r.l., which might transfer personal data to the parent company Google LLC and its sub-processors located outside the EEA).

More information on the appropriate safeguards in place for extra-EEA transfer are available for consultation by sending an email to [email protected].

9. Your Rights

At any time and free of charge, you can exercise the following rights, as specified and subject to certain limitations and exceptions under Applicable Privacy Laws:

You also have the right to lodge a complaint before the competent national Data Protection Authority, in particular before the Data Protection Authority of the Member State of your habitual residence, place of work or place of the alleged infringement.

To exercise your rights, you can submit a request following these steps:

  1. Access the app from your device (if you do not have it on your device any longer, you can download it again and then access it without the need to purchase a subscription).

  2. Long press four fingers on any screen within the app until a menu opens up.

  3. Tap Send a Privacy Request and follow the instructions.

  4. After you have sent your request through Send a Privacy Request, you may uninstall the app if you do not want to use it anymore.

If you have any other questions about privacy or data protection at Art QR, you can contact us by sending an email to [email protected]. We may take reasonable steps to verify your identity prior to responding to your request.

10. Children’s Personal Data

The app is not intended for anyone under the age of 16. We do not knowingly collect personal data from children. If you believe we have received personal data from children under the age of 16, please email us at [email protected]. If we learn that a user is under the age of 16, we will take reasonable steps to delete any processed data and close such user’s account.

11. Third-party Websites and Services

The app may include links to other websites or services operated by third parties. The activities described in this Privacy Policy do not apply to data processed by such third-party websites and services. We have no control over, and we are not responsible for, the actions and privacy policies of third parties and other websites and services.

12. Changes to this Privacy Policy

We may modify, integrate or update, in whole or in part, this Privacy Policy, and we will notify users of any modification, integration or update in accordance with Applicable Privacy Laws. If we make modifications, we will notify you by revising the date at the bottom of this Privacy Policy and, under certain circumstances, we may also notify you by additional means such as pop-up or push notifications within the app or our website, or email.

13. Additional Information for California Consumers

This section provides additional disclosures required by the California Consumer Privacy Act (“CCPA”).

a) Additional Information Related to Collection, Use, and Disclosure of Personal Information

We collect personal information from several sources: directly from you (for example, when you make purchases within the app or participate in a survey or contest); automatically when you use the app (for example, device information); and from other sources (for example, mobile measurement partners). We also generate inferences about you based on your use of the app and other information we collect.

In the preceding 12 months, we have collected the following categories of personal information: identifiers; internet or other electronic network activity information; characteristics of protected classifications under California or U.S. federal law (such as gender if you participate in a survey); commercial information (such as purchases you make in the app); approximate geolocation information (such as country); audio and visual information (such as videos you share with us if you participate in a contest); inferences; and other information that relates to or is reasonably capable of being associated with you. For details about the personal information we collect, please see Section 2 (Categories of Personal Data that We Collect, Purposes and Legal Bases for Our Processing) above. We collect personal information for the business and commercial purposes listed in the chart in Section 2 above.

We may share your personal information with the categories of third parties as described in Section 5 above. In the preceding 12 months, we have disclosed the following categories of personal information for business purposes: identifiers, internet and electronic network activity information, characteristics of protected classifications under California or U.S. federal law; commercial information; approximate geolocation information; and other information that we have inferred about you or that relates to or is reasonably capable of being associated with you.

We do not sell your personal information. We do allow our advertising partners to collect certain device identifiers and electronic network activity via our app to show ads that are based on your interests. If you prefer to limit this activity, your device may include a feature (such as “Limit Ad Tracking” on iOS, or “Opt Out of Interest-Based Ads” or “Opt Out of Ads Personalization” on Android) that allows you to opt out of having certain information collected through mobile apps used for interest-based advertising purposes.

b) Rights of California Consumers

Subject to certain limitations, the CCPA provides California consumers the right to:

If you’re a California consumer, to exercise these rights, you can submit a request following the steps below:

  1. Access the app from your device (if you do not have it on your device any longer, you can download it again and then access it without the need to purchase a subscription).
  2. Long press four fingers on any screen within the app until a menu opens up.
  3. Tap Send a Privacy Request and follow the instructions.
  4. After you have sent your request through Send a Privacy Request, you may uninstall the app if you don’t want to use it anymore.

If you have any other questions about privacy or data protection at Art QR, you can contact us by sending an email to [email protected]. We may take steps to verify your request by asking you to provide information that matches information we have on file about you. California consumers can also designate an authorized agent to exercise these rights on their behalf, but we will require proof that the person is authorized to act on their behalf and may also still ask them to verify their identity with us directly.