Effective date: January 31, 2023
Ai Thumbnail Maker LLC and its affiliates are collectively referred to as "Ai Thumbnail Maker," "we," "us," and "our." Our MyMood Ai mobile application is referred to as "MyMood Ai" or the "application." The term "users" refers to "you" or "your," as applicable. The act of downloading, installing, registering with, accessing, or using the application in any other manner is referred to as "Use." Information linked to an identified or identifiable individual and protected under data protection laws is referred to as "Personal Data."
Please note the operation of MyMood Ai's Magic Avatars feature. MyMood Ai employs a Stable Diffusion Neural Network Model to create personalized Magic Avatars (also known as "Avatars") for users. To generate these Avatars, users are required to upload 10-20 photos and specify their gender. The model is then retrained based on this information to produce customized Avatars. Once the Avatars are generated, the retrained model and uploaded photos are deleted permanently from our servers.
We collect offline or on any of our other apps or websites, including websites you may access through MyMood Ai.
You provide to or that is collected by any third party (e.g., any third-party application or website, even if the link to it is accessible through MyMood Ai).
1. INFORMATION WE COLLECT AND HOW WE COLLECT IT
We may collect several types of information, including but not limited to Personal Data, from and about you:
Directly from you when you provide it to us.
Automatically when you Use MyMood Ai.
Information collected automatically may include Usage details and internet protocol (“IP”) addresses.
From third parties, for example, our Service Providers (as defined below).
2. INFORMATION YOU PROVIDE TO US DIRECTLY
While Using MyMood Ai, you tend to give us certain information, including Personal Data like photos, videos uploaded to the app to use the Magic Avatars feature. It's important to note that we always remove all metadata, including geotags, before temporarily storing the files on our systems.
The app's editing features may utilize TrueDepth API technologies provided by Apple, which reveal information about facial positioning, orientation, and topology. This information is processed only on-device and is never stored on our servers. To learn more about TrueDepth API's handling of your photos and videos, you can check out the link.
Access to your photos and videos is only granted after you give us permission through the request displayed on your mobile device. You can revoke this permission by adjusting the settings on your mobile device, here's how
:For iOS devices: go to Settings > Privacy > Camera/Photos, toggle MyMood Ai's permission on/off.
For Android devices: go to Settings > Apps > MyMood Ai > Permissions, and change the permission setting.
When using the Magic Avatars feature, we'll ask for your gender, which the AI model uses solely to generate Avatars that reflect the indicated gender. If you identify as female, you'll receive Avatars that are more feminine, for example. If you create an account with MyMood Ai, we'll ask for your email, which will be used for the sign-in process.If you reach out to us, we'll keep records of your correspondence, including any contact details you've provided, to address your concerns and monitor our responses to inquiries from you and other users in relation to MyMood Ai.
3. INFORMATION WE COLLECT AUTOMATICALLY
When you use MyMood Ai, certain data may be automatically collected from you. This information is necessary for the operation of MyMood Ai and may be used for in-app analytics and marketing purposes, if you have consented. The data collected may include:
Device information such as IP address, device identifier, operating system, and mobile network info
Usage details such as frequency of use, areas and features accessed, and engagement with specific features
(With consent) IDFA or Android Advertising ID
In-app purchase details
This data helps us improve MyMood Ai and deliver better services, including audience estimation and understanding user behavior and preferences. We use third-party analytics tools such as Google Firebase, Meta, AppsFlyer, and Amplitude to measure traffic and usage trends. These tools collect pseudonymized user IDs and information about the pages you visit, your actions within the app, and your subscription type. The data is collected and analyzed in an aggregated manner and cannot be used to identify a specific user. If you wish to opt-out of this data collection and processing, you may do so through the privacy settings on your device or by contacting email@example.com
4. HOW WE PROCESS YOUR PHOTOS AND VIDEOS
At MyMood Ai, we understand the importance of privacy and have taken measures to ensure that your personal data remains secure. The majority of processing activities happen on your device, except for when creating Magic Avatars. In order to generate these personalized Avatars, we require you to upload 10-20 photos, which are temporarily stored on our servers (hosted by Amazon Web Services in the USA). Once the Avatars are created, your original photos are promptly deleted.
Your purchased Avatars will be saved on our servers for ongoing access through MyMood Ai until you choose to delete them.
Please note that our commitment to privacy extends to all aspects of your data:
We do not use your photos, videos, or Avatars to identify you as an individual.
We do not utilize your data for authentication, marketing, or advertising purposes, or in any way that would target you specifically.
Your photos, videos, and Avatars will not be used to build user profiles or to help third parties identify you or reconstruct your profile.
We will not share, transfer, sell, or provide access to your data to any advertising platforms, analytics providers, data brokers, or information resellers.
If you ever have any concerns or wish to delete your photos or Avatars, simply contact us at firstname.lastname@example.org
5. THE PURPOSES AND OUR LEGAL BASES FOR PROCESSING YOUR PERSONAL DATA
The use of your information other than photos and videos by MyMood Ai is for the following purposes:
To provide support and respond to your inquiries. If you share your Personal Data (such as name and contact info) for help with MyMood Ai, we'll use it to address your concerns, respond to inquiries, and monitor/improve our support for users. It's in our interest to offer quality support.
To notify you of changes or updates to MyMood Ai and its products/services, including through technical notices, account updates, security alerts, and support/admin messages sent through in-app or push notifications (you can opt-out of push notifications in your device settings). Keeping you informed is in our interest.
To show you MyMood Ai and its contents, and any other information, products, or services you request. We have a contractual obligation to provide you with our services.
To monitor aggregated metrics such as user count, traffic, and demographic patterns (using Service Providers as detailed in Section 7). Understanding our audience through analytics is in our interest for improving our product.
To improve, test, and monitor the effectiveness of MyMood Ai. Understanding our audience through analytics is in our interest for improving our product.When you choose Magic Avatars, you provide your gender information which is used to generate Avatars based on your photos. This data is deleted after Avatar generation. We have a contractual obligation to provide you with this service.
To store your original photo for 24 hours for faster and more convenient use of Art Styles. The original photo will be deleted after 24 hours.
To provide personalized content/information to you, including online ads/marketing with your explicit consent.To find similar audiences for marketing purposes with user consent, sharing Use details, device information, and in-app purchase details with advertising partners.
We will only process your Personal Data in ways compatible with its collection/authorization and limit its processing to what's strictly necessary for our purposes. For any new processing not compatible with these purposes, we'll seek separate explicit consent. We take reasonable steps to ensure your Personal Data is reliable, accurate, complete, and current for its intended use, and only collect what's necessary for our purposes.
6. YOUR RIGHTS
Access, Correction, Modification, and Erasure
If you'd like to request access, correction, modification, erasure, or portability of any Personal Data you've provided to us, or if you'd like to request deletion of your account on either iOS or Android, you can send an email to support@MyMood Aime.ai. However, we may not be able to make changes if it would go against any legal requirements or make the information inaccurate.
Rights for EEA/UK Residents
Residents of the European Economic Area (EEA) and the United Kingdom (UK) have certain rights under the General Data Protection Regulation (GDPR), such as:
Access to Personal Data: You have the right to request information on whether we have any Personal Data about you and to access the Personal Data you've provided and that we have on you.
Correction of Personal Data: You are responsible for ensuring that your Personal Data is accurate. If you believe it's incomplete or inaccurate, you have the right to request correction.
Restriction of Processing: You can request that we limit the processing of your Personal Data if, for example, you contest its accuracy.
Erasure of Personal Data: If your Personal Data is no longer necessary, you can request its erasure. This includes cases where you've withdrawn your consent, object to processing, or processing doesn't comply with GDPR.
Right to Data Portability: If your Personal Data is processed with your consent or as part of a contract, you can request it in a structured and machine-readable format, and even ask for it to be sent to another party.
Right to Object to Processing: If your Personal Data is processed based on our legitimate interest, you have the right to object.
Right to Withdraw Consent: If you've given your consent for a specific processing purpose, you can withdraw it at any time.
Right to Complain to a Supervisory Authority: You have the right to file a complaint with a local data protection authority if you believe there's been an infringement of data protection laws.
Rights for Residents of Certain US States
Residents of California, Virginia, Colorado, Utah, and Connecticut may have rights under state comprehensive privacy law, including:
Requesting Categories of Personal Information Collected: MyMood Ai will provide information on the types of data we collect.
Requesting Sources of Personal Information: MyMood Ai will provide information on the tools and organizations we use to collect data.
Requesting Business Purpose of Collecting Personal Information: MyMood Ai will provide information on the reasons for collecting data.
Requesting Categories of Third Parties Receiving Personal Information: MyMood Ai will provide information on other organizations that may receive your Personal Information.
Requesting Specific Pieces of Personal Information: MyMood Ai will provide your Personal Information.
Requesting Deletion of Personal Information: We may keep some Personal Information for legal reasons, but we'll accommodate deletion requests when required.
7. SHARING OF COLLECTED INFORMATION
We do not rent or sell your Personal Data, including photos and videos, to any third parties outside the Company or its Affiliates (as defined below).
Parties with whom we may share your Personal Data.
We may share your Personal Data with businesses that are legally part of the same group of companies that we are part of, including our subsidiaries (“Affiliates”). The Affiliates act as our data processors and may perform data processing on our behalf (e.g., providing technical support or conducting analytics). Such Affiliates are bound by appropriate contractual safeguards in place.
Our Affiliates are:
Palta People Ltd, based in Cyprus (data processor for most of the internal processing activities)
Palta Software Ltd, based in Cyprus (data processor for the purpose of internal analytics)
Such Service Providers include:
What happens in the event of a change of control. If we sell or otherwise transfer part or the whole of the Company or our assets to another organization (e.g., in the course of a transaction like a merger, divestiture, restructuring, reorganization, acquisition, bankruptcy, dissolution, liquidation), your Personal Data and any other collected information may be among the items sold or transferred.
Responding to legal requests and preventing harm. We may access, preserve and share your information in response to a legal (like a search warrant, court order or subpoena), government or regulatory request if we have a good faith belief that the law requires us to do so. This may include responding to legal, government or regulatory requests from jurisdictions where we have a good faith belief that the response is required by law in that jurisdiction, affects users in that jurisdiction, and is consistent with internationally recognized standards.
We may also access, preserve and share information when we have a good faith belief it is necessary to: (i) detect, prevent and address fraud and other illegal activity; (ii) protect ourselves, you and others, including as part of investigations; and (iii) prevent death or imminent bodily harm. Information we receive about you may be accessed, processed and retained for an extended period of time when it is the subject of a legal request or obligation, governmental investigation, or investigations concerning possible violations of our terms or policies, or otherwise to prevent harm.
8. DATA SECURITY
We employ reasonable information security measures to help ensure the protection of the information we collect. However, despite our efforts, transmitting information over the internet carries some risk and we cannot guarantee absolute security. You are responsible for any transmission of your information at your own risk. Our security measures include encryption of personal data, secure storage behind firewalls, and organizational and legal measures.
9. DATA RETENTIONYour Personal Data, other than photos, videos and Avatars. Normally, the retention term would be the term of your account existence. It means that we will retain your Personal Data, other than your photos, videos or Avatars, until you delete your account or request us to delete your data (by contacting us at email@example.com).
Please note that deletion of MyMood Ai application does not imply the deletion of your account and your data!Your original photos and videos that you upload for editing are processed on your device only and are not stored with our servers unless you choose to apply Art Styles to your photos. In case of applying Art Styles, your original photo is stored on our server for 24 hours. We need it to allow you edit photos more smoothly, so that you do not have to re-upload your original photo multiple times to apply different Art Styles.
Moreover, such an approach helps you spend less Internet traffic and makes the processing of Art Styled photos faster.Your original photos that you upload to generate Avatars are deleted immediately after successful Avatars generation. At the same time, your Avatars are stored on our servers (provided by Google Cloud Platform (Ireland and USA) and Amazon Web Services (USA)) to be available to you at any time from any device until you decide to delete them (e.g., within the app or via a request you send us at firstname.lastname@example.org).
We may retain your Personal data in connection with your privacy-related requests and communications with us, if any, as necessary to comply with our legal obligations, to resolve disputes, and to enforce our agreements. Even if we delete some or all of your Personal Data, we may continue to retain and use anonymized data previously collected that can no longer be used for personal identification.
10. CROSS-BORDER TRANSFERS
Your Personal Data may be transferred to and stored in the United States or other countries, as the Company is incorporated in the United States. If transfers of personal data from the EEA to countries outside the EEA are required, we ensure that appropriate safeguards are in place to maintain the protection of your information. This includes signing the Standard Contractual Clauses of the European Commission as required by the EEA GDPR. In the case of transfers of personal data to countries outside the United Kingdom, we ensure the protection of your information through the signing of the UK Addendum to the EU Standard Contractual Clauses or the UK International Data Transfer Agreement, whichever is more appropriate in the given situation, as required under the UK GDPR. We may also rely on adequacy decisions adopted by the UK authorities to guarantee the protection of your personal data. Our MyMood Ai operation uses AWS servers located in the USA, while our analytics operations are processed on servers provided by AWS (located in the USA) and Google LLC (located in the Republic of Ireland). If you require further information, please contact email@example.com
The Age Restriction for MyMood Ai. Our service is not designed for, nor intended to be used by, individuals under the age of 13. We do not knowingly collect personal information from minors, and we do not allow anyone under 13 to use MyMood Ai. If you are under 13, please do not use our platform or provide any information about yourself to us. If we discover that we have received information from someone under 13 without parental consent, we will promptly delete it. If you think that we may have information from a child under 13, please contact us using the information in the "How to Contact Us" section.For EEA Residents: In accordance with the GDPR, you must be at least 16 years old to use MyMood Ai. If you are younger than 16 and reside in the EEA, you are prohibited from using our platform. If you become aware of someone younger than 16 using MyMood Ai, please notify us by contacting the information in the "How to Contact Us" section, and we will take the necessary steps to delete their information.
12. OTHER WEBSITES AND SERVICES
13. HOW TO CONTACT US, EEA/UK REPRESENTATIVE, AND DATA PROTECTION OFFICER