Privacy policy

This Privacy Policy ("Policy") is meant to explain 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 our Services application ("Services").
Please make sure that you have read and understand our Terms of Service.
The scope of this Policy is limited solely to your user information (including your personal information) collected or received when you are using our Services. In this Policy, “personal information” refers to any information or combination of information that can be used to identify, contact or locate an individual to whom the collected information pertains. Such personal information may include your email address, images and geo-location.
By using our services, you are agreeing to this Policy and the collection, use, processing, retention, disclosure and sharing of your user information, including your personal information, in the manner provided in this Policy. If you do not agree with any of the terms of this Policy or any subsequent changes to this Policy, please do not use our Services.
When you use our Services, we might recommend you sign up for an account with us to use our Services and all its features. When you create an account, we will collect certain information that can be used to identify you or provide our Services to you, such as your name, username, gender, date of birth and mobile phone number and location.
In the event that you do not provide any or sufficient data marked as mandatory, we may not be able to complete the registration process or provide you with our Services.
You should ensure that all personal information and user information submitted to us is complete, accurate, true and correct.
If you choose to make a purchase on our Service, we will collect certain personally identifiable information, such as your device ID. A third-party app store or payment processor may collect your financial information (such as bank account information, WeChat Pay or Alipay account information) and billing address.
When you are using our Services, We or a third party will use cookies, tags and scripts to collect information for the purposes of analyzing trends, managing our Services, tracking users activity on the Services and collecting demographics on the user base. Information collected may include information about your Internet Protocol (IP) address, browser type, Internet Service Provider (ISP), referring and exit pages, your operating system, dates and timestamps, and clickstream data.
We and our third-party service providers may include advertisements within our Services, and may collect and use information about you such as your Advertising ID, geographic location and IP address for the purpose of delivering and tracking these advertisements. If your device does not have Advertising ID, we may use other persistent identifiers. We may also collect the application package names of the applications installed on your device. We use the above information to help us better count, track and provide advertisements based on suitability, language, geographic location and other details. If you wish to opt out of interest-based advertising, you may opt out as your device permits.
We will collect your Location Information, including the country code, latitude and longitude, network location, IP address and the system country and system time zone recorded on your device. If you no longer wish to allow us to collect or use such information, you may turn off your Internet access or GPS, or disable our access to information about your network, GPS and device. Please note that we may still continue to receive some Location Information, such as your Network Information, IP address and system time zone, as a result of you using our Services.
When you use some of our Services, including generating and browsing certain content, we will automatically collect certain relevant log information stored in Services ("Log Information"). Log Information may include (i) details on when and how often you use our Services, (ii) device statistics, including critical operation paths, errors, crashes, language and time zone. This Log Information is used to improve our Services.
When you use our Services, we will collect information about the network you use, including the name of the operator and the type of network, so as to understand the distribution of operators and networks used by our users. In addition, we will collect information such as the name of the WiFi network to which you connect, the location of the WiFi network, and the duration of your WiFi connection to understand the environment under which you prefer to use our Services. We may use such information to provide customized services, for example to provide you with location-based advertising through push-notification.
When you use our Services on your mobile device, we will collect information about your device, the type of device you use, operating system version, a list of mobile applications installed on your device and resolution, which will be used by us for statistical and/or analytical reasons. We may send you push notifications on your mobile device from time to time. If you no longer wish to receive these types of communications, you may turn them off from your mobile device.
By choosing to use the cloud editing feature of our Services, 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.
When you use our Services, we will use of the metadata to serve up a more contextually relevant products or services to you.
We may receive information about you from other sources, including publicly available databases or third parties from whom we have purchased data, and combine this data with information we already have about you.
If you provide us with personal information about others, or if others give us your information, we will only use that information for the specific reason for which it was provided to us. If you provide us any personal information of any third party, you shall obtain the consent of such third party for the collection, use and disclosure thereof by us in accordance with these purposes. You further represent and warrant that in relation to any such third-party personal information that you provide, you have obtained such consent for such collection, use and disclosure by us.
In addition to the uses listed above, we collect and use your user information and personal information for the following purposes: to create an account; to provide location-based services; to verify your identity$ to provide, process, maintain, improve and develop our Services provided to you, including customer support, and other services provided through our products; to develop and analyze statistics on the use of our products and Services for the purpose of improving our products and our Services; to collect feedback from you and other purposes.
We will collect, store, maintain and use information about you also for purposes of running our operations, pursuing our legitimate interests (e.g., direct marketing, research (including marketing research), network and information security, and fraud prevention), and satisfying our legal obligations.
We may share your information with third parties who provide services on our behalf to help with our business activities. We will not share with or disclose to third parties (other than our service providers) your personal information in whole or in part except for the purposes of: protecting the security of others or their property; preventing or dealing with fraud; safeguarding the legitimate rights and our interests; taking action in line with our purposes as described above; complying with laws, rules and regulations or requests by government departments, judicial authorities, law enforcement, or private parties, which are typically designed to uphold Internet security and the rights, property and safety of us, our users and third parties.
Our Services may contain links to other websites and services, other websites and services may reference or link to our Services. These other domains and websites are not controlled by us, and we does not endorse or make any representations about third party websites or services. We encourage our users to read the privacy policies of each and every website and service with which they interact. Visiting these other websites or services is at your own risk.
We will take reasonable measures to prevent the loss, improper use of, unauthorized access to or disclosure of information. However, you understand and accept that (in the Internet industry) even though we take reasonable security measures, we cannot always guarantee that your information is 100% secure. You understand and accept that we cannot ensure or warrant the security of any information you provide to us. We do not accept liability for unintentional disclosure.
Subject to applicable laws, rules and regulations and the fulfillment of our business or legal purposes, we will retain your information (including your personal information) for such period as is required for us to continue to provide you with our Services.
In accordance with applicable law, you may have the right to: request confirmation of whether we are processing your personal information; obtain access to or a copy of your personal information; receive an electronic copy of personal information that you have provided to us, or ask us to send that information to another company; object to or restrict our uses of your personal information; seek correction or amendment of inaccurate, untrue, incomplete, or improperly processed personal information; withdraw your consent; and request erasure of personal information held about you by us, subject to certain exceptions prescribed by law. If you wish to exercise your rights, you may contact us.
You understand and agree that all collected information may be transferred, processed, and stored anywhere in the world, including but not limited to the European Union, the United States, in the cloud, on our servers, on the servers of our affiliates, or the servers of our service providers, in order to provide our Services.
We 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, including but not limited to your name, address, phone number or email address. 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 and terminate the associated account.
California residents have the right not to receive discriminatory treatment by us for the exercise of their rights conferred by the California Consumer Privacy Act.
The California Consumer Privacy Act ("CCPA") provides California residents with the right to know what categories of personal information we have collected about them:

Identifiers Yes
Audio, electronic, visual, thermal, olfactory, or similar information Yes
Personal information categories listed in Cal. Civ. Code § 1798.80(e) No
Geolocation data Yes
Internet activity or electronic network activity information Yes
Inferences drawn from other personal information to create a profile Yes
Characteristics of protected classifications under California or federal law No
Commercial information No
Biometric information No
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

The CCPA 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 purposes of the CCPA, a "sale" may include using targeted advertising services to deliver targeted advertising on our Services or other sites. Like most mobile applications, we use these services, which enable us to provide our Services and relevant offers to you. As a result, we 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 switch next to "Do not sell my personal information". 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 an email with the subject "Services - The right to privacy of a California resident".
Nevada residents may opt-out of the “sale” of their covered information by turning off the switch next to “Do not sell my personal information”.
You agree that we may update this Policy according to relevant laws and regulations or based on ours business decisions, and you agree to be bound by any such revisions hereto. We will post any significant changes to this Policy on Services or notify you by other means as required by law.
If you are in the European Economic Area ("EEA") or the United Kingdom (“UK”), we will not collect any of your information set forth above. However, we will process certain information related to your SIM card which enables us to verify whether you are in the EEA or the UK. We use this information to verify whether you are in the EEA or the UK and to prevent the processing operations outlined above. Where we are unable to collect such information we will ask you whether you are in the EEA or the UK. The legal basis for the processing of this SIM card data or your answer to the question about your whereabouts is the performance of a contract with you (Art. 6 para. 1 lit. b) of the Regulation (EU 2016/679 of the European Parliament and of the Council and UK General Data Protection Regulation (collectively "GDPR")). Without the provision of such data we may not be able to provide you with any Services. 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. 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. 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 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). 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). 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). 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). As a data subject, you have a right to object under the conditions provided in Art. 21 GDPR. As a data subject, you have the right to object, on grounds relating to your particular situation, at any time to 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 sections of this Policy 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. Where your personal data are processed for direct marketing purposes, you have the right to object at any time to 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. 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 sections of this Policy above. 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. As a data subject, you may exercise any of the rights listed above in accordance with the instructions and limitations set forth in the section "Privacy Rights" above. For further information on your rights as a data subject please refer to Art. 12 to 21 GDPR.
Subject to applicable laws, rules and regulations and the fulfillment of our business or legal purposes, we will retain your information (including your personal information) for such period as is required for us to continue to provide you with our Services and destroy your personal information without delay when your personal information becomes unnecessary. When we destroy your personal information, we will take commercially reasonable and technically feasible measures to ensure the personal information is permanently deleted.

If you have questions, please contact us at:

Novaco FZCO

License no. 29313

United Arab Emirates, Dubai

Dubai Silicon Oasis, DDP, Building A1

Email: support@photojam.ai