Perfect365 Privacy Policy

Updated: June 20, 2023

Protecting your privacy is important to Perfect365, Inc. (“Perfect365,” “us,” “our,” or “we”). This Privacy Policy contains important information on how and why we collect, store, use, and share your personal information. It also explains your rights in relation to your personal information and how to contact us or supervisory authorities in the event you have a complaint.

Please read this Privacy Policy before using the Perfect365 family of websites, mobile products, and services. BY USING ANY OF OUR PRODUCTS OR SERVICES OR COMMUNICATING WITH US, YOU CONSENT TO THE COLLECTION, TRANSFER, PROCESS, STORAGE, DISCLOSURE, AND USE OF YOUR INFORMATION AS DESCRIBED IN THIS PRIVACY POLICY. IF YOU DO NOT AGREE WITH THIS, PLEASE DO NOT USE AN USE OUR PRODUCTS OR SERVICES.

1. SCOPE OF PRIVACY POLICY

This Policy explains our online and offline information practices, the kinds of information we may collect, how we intend to use and share that information, and how you can opt-out of a use or correct or change such information. This Policy applies to information we may collect from you or that you may provide when you visit any of our mobile products or services, including but not limited to the mobile applications, Perfect365, Perfect365 Video, Perfect365 Studio, and Perfect365 SoREAL AI (each, an “Application” and collectively the “Applications”), the website perfect365.com and any other websites and subdomains provided by us on which a link to this Policy is displayed (the “Website”), or when you communicate with us through a “@perfect365.com” email address or otherwise provide us with information, including through a third party on your behalf (the “Communications”), and our practices for collecting, using, maintaining, protecting, and disclosing that information. This Policy does not apply to information collected by any third party, including through any application or content (including advertising), that may link to or be accessible from or through the Services.

Please read this Policy carefully to understand our policies and practices regarding your information and how we will treat it.

2. INFORMATION WE COLLECT

We may collect and use the following personal information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household that is commonly gathered and produced by automatic means, provided directly from you, and/or by your interactions with us or our Applications.

Information you provide us directly

Your username, password and email address when you register for an account on an Application
Profile information that you provide for your user profile (e.g., name, picture, phone number, gender) on an Application
Your content (e.g., photos, facial scans, comments, and other materials) that you post or upload to an Application
Information you provide to other users through the Applications
Information that you submit to us in a request through the Website or other Communication

Information We Collect Automatically from Your Use of the Applications

Payment Information. If you complete an in-app purchase through an Application using either a traditional payment method or virtual currency, we or our third-party payment or virtual currency processors collect information necessary to process and facilitate your transactions, including:
- The date, time, and amount of a transaction
- For traditional payment transactions, payment (e.g., credit card) and billing information.
- For virtual currency transactions, information identifying your account information and the account you are transacting with, your public wallet address, your account balance, your transaction history, blockchain transaction identifiers (e.g., the transaction hash), and the public wallet address of payers and payees. You should be aware that when you earn and spend using virtual currency, your blockchain transactions will be publicly visible to anyone who has access to the blockchain.
Analytics Information. We use third-party analytics tools to help us measure traffic and usage trends for the Applications. These tools collect information sent by your device to our Application, including the content and ads that you view or click, and other information that assists us in improving the Applications. We collect and use this analytics information with analytics information from other users so that it cannot reasonably be used to identify any particular individual user.
Location Information. Upon your consent, we may collect different types of information about your general location (e.g., IP address, zip code) or more specific location information (e.g., precise location from your mobile GPS) through methods such as mobile software development kits (“SDK”) that allow us to periodically determine your location, including your location relative to and within third party merchant locations, and share such information with third parties, for purposes related to advertising (e.g. customized ads in an Application), analytics, attribution (e.g., measuring ad performance), and research. You may prevent location information from being collected by this or other apps, through your device settings (but this may affect the functionality of certain Application features). We may collect this information when you use the Applications or when any Application runs in the background on your device.
Log information. When you use the Applications, we may automatically collect and store certain information in server logs. This may include:
- Information on how you interact with the Applications
- IP address
- Device event information such as crashes, system activity, hardware settings, browser type, browser language, the date and time of your request and referral URL
Data derived from facial and other detection scans. We may collect facial detection scan data (from uploaded images or photos taken through an Application) as necessary to provide the functionality of the Applications, e.g., scanning face to apply makeup/looks.
Data necessary for AI-generated images or avatars. For Applications that use artificial intelligence technology to create derivative images or avatars (“Outputs”), we will collect and process the original images you upload onto the Application (“Inputs”). In order to generate the Outputs and to train the AI model, the Application may scan the Inputs to determine the posture, location, topography, and other non-identifying characteristics of faces that appear in frame. The Inputs are immediately deleted once the avatar is created. Your purchased avatars are stored on our server so that they remain accessible to you through the Application at any time and from any device until you decide to delete them. The purchased avatars that you decide to download are stored in your device. We currently use the neural network model Stable Diffusion to generate the personalized avatars for the SoREAL AI Application.
We do not use the images or avatars to identify any individual user, for authentication, advertising, or marketing purposes, to otherwise target a user in a similar manner, to build a user profile, or to otherwise attempt, facilitate, or encourage third parties to identify anonymous users or reconstruct user profiles. We do not transfer, share, sell, or otherwise provide your content or avatars to advertising platforms, analytics providers, data brokers, information resellers or other such parties.
Device and Usage Information. We may collect device and usage information such as:
- Precise geolocation data pertaining to a user’s devices (only upon your consent), which may be expressed by latitude-longitude coordinates obtained through GPS tools, WiFi data, cell tower triangulation or other techniques (collectively, “Device Geolocation Data”) and linked to a device identifier, such as the IDFA for iOS devices or Android ID for Android devices.
- Predicted or actual data about a user such as age, gender, date of birth, street address; predicted or actual characteristics or interests; and any information that users provide to us or to our users.
- Other information about a user’s device, such as: device type (e.g., tablet, smartphone), operating system, IP address, network provider, mobile carrier, mobile browser type (e.g., Firefox, Chrome, Safari), other apps and SDKs installed on the device, timestamp, time zone, information about the speed, bearing, orientation, and altitude of a device, or other device-identifying information.
- Information about the possible relationships among different devices.
- Data about user activities (e.g., the pages you view, the time and duration of your activities in the App) that helps us determine how a user interacts with advertising or content, such as determining whether a user who viewed a particular advertisement ultimately purchased the advertised product or service.
Cookies and Similar Technologies. When you use the Applications, we allow third-party companies to collect certain information. These companies may utilize cookies, pixels, or other similar technologies to collect and use non-personally identifiable information in order to provide advertisements about goods and services likely to be of greater interest to you. To learn more about this behavioral advertising practice or to opt-out of this type of advertising, you can visit the websites of the Digital Advertising Alliance at www.aboutads.info and Networking Advertising Initiative at networkadvertising.org/choices/. You can also control the use of cookies on your device at any time by changing your preferences or options in your browser settings. Each browser provides different mechanisms for managing cookies. You can usually find these settings in the “Options” or “Preferences” menu of your browser; otherwise, look at your browser’s help menu to determine the best way to modify your browser’s cookie storage. You can also block, disable, or delete the cookies that are stored on your device. However, blocking, disabling, or deleting cookies may limit your ability to view all the pages in the Applications.
Local Storage. We may access metadata and other information associated with other files stored on your device. This may include, for example, your photographs in order to provide the functionality of the Applications.
Third-Party Social Media Site. If you choose, you can log in to the Applications through certain third-party social media sites. Any information that such social media sites provide to us will be governed by this Privacy Policy.

Certain location, device, and usage information may be collected when any Application is in use or runs in the background on your device. If you do not want this information to be linked to your device, you may go to your device “Settings” (which are somewhat different for iOS and Android devices) and opt out of interest-based or personalized advertising.

Information We Collect from Your Use of the Website

We do not automatically (indirectly) collect any information from your use of the Website. Specifically, we currently do not use cookies or other automatic data collection techniques on our Website.

3. HOW WE USE YOUR INFORMATION

In addition to some of the specific uses of information we describe in this Privacy Policy, we may use information that we receive and the choices you make in your settings:

To provide the functionality of the Applications
To help us develop, deliver, test and improve the Applications
To monitor metrics such as total number of visitors, traffic, and demographic patterns
To provide personalized content and information to you and others, which could include sending you promotional messages, marketing, advertising and other information that may be of interest to you
To diagnose or fix technology problems
To allow us to keep you posted on Perfect365’s latest product announcements, application updates, and upcoming events
To provide customer support and respond to your inquiries and requests
To allow other users to contact you through the Applications (as further described below)
To administer referral programs, rewards, surveys, sweepstakes, contests, or other promotional activities or events sponsored or managed by us or our third-party business partners
To find and prevent fraud
To resolve disputes, to protect the rights, property, or safety of Perfect365, our Application visitors, customers, or the public, and to enforce any legal terms that govern your use of the Applications or our other services and products
To comply with our legal and regulatory obligations
For the performance of any contract with you or to take steps at your request before entering into a contract
Where you have given consent
For any other legitimate interest or those of a third party
To provide you with employment

4. INFORMATION SHARING AND DISCLOSURE TO THIRD PARTIES

Perfect365 treats your personal information with care. We only pass personal information to our affiliates and third parties to the extent described here and within the scope of the purpose limitation under applicable data protection law.

Third-Party Service Providers

We use a variety of third-party service providers to help us provide the Applications, including business analytics, marketing, payment processing, IT, artificial intelligence, and virtual currency providers. These providers have limited access to your information to perform these tasks on our behalf and are contractually obligated to use it consistent with this Privacy Policy.

For the SoREAL AI Application, we use neural network model Stable Diffusion powered by Stability.ai for the Perfect365 SoReal AI app that allows you to generate personalized SoREAL AI avatars. While we make best efforts to moderate the settings of the Perfect365 SoREAL AI app, it is still possible that you may encounter content that you or others may view as offensive or inappropriate. Please contact us at support@perfect365.com if you find any content to be offensive and/or inappropriate to you, and we will take action to assist in training the algorithm better. However, you acknowledge that your use of the SoReal AI app is at your own risk and that we disclaim any responsibility for the images generated by the Perfect365 SoReal AI app. For any and all important questions about Stable Diffusion, you can visit the Stability.ai website.

Third-Party Advertisers, Advertising Network, Agencies, Marketers, Cybersecurity Partners

We may share or disclose non-personally identifiable information, aggregated, usage information, geolocation Information or device-level information (such as anonymous usage data, platform types, number of clicks, location data etc.) with unaffiliated partners and third parties (e.g. advertisers, advertising networks and platforms, agencies, other marketers, retailers, cybersecurity partners) that wish to market products or services to you, in order to improve connectivity and application experiences on wireless networks, or for cybersecurity purposes. You can control or disable the use of location services for the Applications in the device’s settings menu. See Section 6 “Your Choices about your information” of this Privacy Policy for further instructions. Additional terms from select partners can be found here.

Other Users

Any information that you provide to other users, including beauty professionals, via the Applications, are shared and disclosed to such other users. By sending your information to other users, you acknowledge and agree that they may contact you via the applicable Application.

Business Transfers and Affiliates

We may share your information with companies or organizations connected or affiliated with Perfect365. We may also transfer your information to an affiliate, a subsidiary or a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of Perfect365’s business, assets or stock, including, without limitation, in connection with any bankruptcy or similar proceeding.

Legal Disclosures

Notwithstanding anything to the contrary in this Privacy Policy, we may preserve or disclose your information if we believe that it is reasonably necessary to comply with a law, regulation, legal process, or governmental request; to protect the safety of any person; to address fraud, security or technical issues; or to protect our or our users’ rights or property. However, nothing in this Privacy Policy is intended to limit any legal defenses or objections that you may have to a third party’s, including a government’s, request to disclose your information.

5. Personal Information We Sold or Disclosed for a Business Purpose

During the last year, Perfect365 has sold personal information it has collected to our business partners (i.e., “third parties” under CCPA), for their business and commercial purposes. More specifically, Perfect365 has shared personal information with our business partners for the purpose of enabling and improving their marketing and advertising campaigns, from identifying potentially interested consumers to measuring the effectiveness of the marketing and advertising campaign, including marketing and user and data analytics. We have additionally shared personal information for disease prevention and cybersecurity purposes. Perfect365 does not sell personal information to individual consumers.

During the last year, Perfect365 has disclosed personal information to service providers and contractors (e.g., cloud computing and storage vendors; security contractors, and consultants), for Perfect365’s own operational business purposes.

Perfect365 does not sell personal information about consumers younger than 18 for any purpose.

Perfect365 does not engage in profiling in furtherance of “decisions that produce legal or similarly significant effects.”

While we have sold or disclosed for a business purpose the above information in the last 12 months, you have the right under the CCPA and certain other privacy and data protection laws, as applicable, to opt-out of the sale of your personal information. If you exercise your right to opt-out of the sale of your personal information, we will refrain from selling your personal information, unless you subsequently provide express authorization for the sale of your personal information. To opt-out of the sale of your personal information, visit “Settings” in the each Application, click on “Privacy Policy,” and slide the “Do Not Sell My Personal Information” switch off.

6. YOUR CHOICES ABOUT YOUR INFORMATION

Account Information

You may update or correct information you have provided to us by going into the settings screen (or “Me”) within the applicable Application. If you wish to deactivate your account, please delete the applicable Application, but note that we may retain your information as required by law and for business purposes. Refer below for additional information on your right to deletion and our deletion practices.

Promotional Communications

You may opt out of receiving promotional communications from us by following the instructions in those messages. If you opt out, please note that we may still send you Application-related communications, such as those about your account or our ongoing business relations, like notifications about updates to this Privacy Policy.

Interest-Based Advertising Services

You may opt-out from any interest-based advertising by turning on “Limit Ad Tracking” in your device settings.

To limit Ad Track on an Apple device, see instructions at: https://support.apple.com/en-us/HT202074.

Apple has recently added a feature where, upon download of an Application, a popup stating “Allow Cross App Tracking” will appear that will allow the user to select their preferences for tracking and targeted advertising. The user can also go into their settings and disable or enable both tracking and location services for all applications.

To limit Ad Tracking on an Android device, see instructions at: https://support.google.com/ads/answer/2662922. Android has an option in Settings to “Opt Out of Personalized Ads.”

When you have opted out using this setting on a device, advertisers will not use in-app information collected from that device to infer your interests or serve ads to that device that are targeted based on your inferred interests. Please note, however, that opting-out will not block general advertisements that are sent at random, and not tied to the perceived interest of the user of a particular device.

Users may learn more about personalized and behavioral advertising and how to opt out of this type of advertising from the Digital Advertising Alliance at www.aboutads.info and Networking Advertising Initiative at www.networkadvertising.org/choices/.

Control or Disable the Collection of Geolocation Information

We do not collect geolocation information from you unless we obtain your explicit consent through the device’s settings (e.g., “Location Services”). You can also control the collection of certain precise location information by changing the preferences on your mobile device (certain services may lose functionality as a result).

Push Notifications

We may send push notifications to your mobile device. You can deactivate these messages at any time by changing the notification settings within the Applications or your device settings.

Third Party Use of Cookies and Other Tracking Technologies

Some content or applications related to the Applications are served by third-parties, including advertisers, ad networks and servers, content providers, service providers, and application providers. These third parties may use cookies, alone or in conjunction with web beacons or other tracking technologies, to collect information about you when you use the Applications. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

7. HOW LONG WE KEEP YOUR INFORMATION

We will not retain your personal information for longer than is allowed under the applicable data protection laws and regulations or for longer than is justified for the purposes for which it was originally collected. We will delete the personal information when we no longer need it for the purposes for which it was collected, unless Perfect365 is required by law to keep data for a certain period of time.

8. CHILDREN’S PRIVACY

YOU MUST BE SIXTEEN (16) YEARS OR OLDER IN ORDER TO USE ANY OF THE APPLICATIONS. WE DO NOT KNOWINGLY COLLECT OR SOLICIT ANY INFORMATION FROM ANYONE UNDER THE AGE OF 16 OR KNOWINGLY ALLOW SUCH PERSONS TO REGISTER FOR ANY APPLICATION. THE APPLICATIONS AND THEIR CONTENT ARE NOT DIRECTED AT CHILDREN UNDER THE AGE OF 16.

IF YOU ARE UNDER THE AGE OF SIXTEEN (16) YOU MAY NOT USE THE APPLICATIONS. IF YOU ARE BETWEEN SIXTEEN (16) AND EIGHTEEN (18) YEARS OLD, YOU MUST REVIEW THIS PRIVACY POLICY WITH YOUR PARENT OR GUARDIAN. IN THE EVENT THAT WE LEARN THAT WE HAVE COLLECTED PERSONAL INFORMATION FROM A CHILD UNDER AGE 16 WITHOUT PARENTAL CONSENT, WE WILL DELETE THAT INFORMATION AS QUICKLY AS POSSIBLE. IF YOU BELIEVE THAT WE MIGHT HAVE ANY INFORMATION FROM OR ABOUT A CHILD UNDER 16, PLEASE CONTACT US AT LEGAL@PERFECT365.COM AND WE WILL IMMEDIATELY TAKE STEPS REQUIRED TO DELETE THE INFORMATION AND OTHERWISE COMPLY WITH APPLICABLE LAW.

9. TRANSFERRING YOUR DATA

Perfect365 may transmit your information to its services, data centers, or service providers outside of the United States for storage and/or processing. As such, we and our service providers may transfer your personal data to, or access it in, jurisdictions that may not provide equivalent levels of data protection as your home jurisdiction. We will take steps to ensure that your personal data receives an adequate level of protection in the jurisdictions in which we process it, including through appropriate written data processing terms and/or data transfer agreements.

By registering for and using any Application, you consent to the transfer of information to any country in which Perfect365, its affiliates or service providers maintain facilities and the use and disclosure of information about you as described in this Privacy Policy.

10. SECURITY

We use commercially reasonable safeguards to help keep the information collected through the Applications secure. However, Perfect365 cannot ensure the security of any information you transmit to any Application or guarantee that information on the Applications may not be accessed, disclosed, altered, or destroyed. You are responsible for maintaining the secrecy of your unique password and account information at all times. Your privacy settings may also be affected by changes the social media services you connect to Perfect365 make to their services. We are not responsible for the functionality, privacy, or security measures of any other organization.

Perfect365 has implemented appropriate technical and organizational measures to ensure an appropriate security level for the risk involved. The risk analysis takes into account the risk of infringing against the rights of individuals concerned, the costs for implementation, as well as the type, extent, context and purposes of the data processing.

These measures include:

Access to Perfect365’s IT systems is monitored in order to detect and prevent misuse.
Personal information is stored on secure servers behind firewalls.
Perfect365’s security measures are continuously tested, assessed, and reviewed to ensure ongoing confidentiality, integrity, availability, and resilience of processing systems and services in connection with the processing, as well as the effectiveness of the technical and organizational measures for ensuring the security of the processing.

11. EXTERNAL LINKS

The Applications may contain links to third party sites or online services. We are not responsible for the practices of such third parties, whose information practices are subject to their own policies and procedures, not to this Privacy Policy.

12. ADDITIONAL STATE PRIVACY RIGHTS

As described above, Perfect365 collects various categories of personal information when you use the Applications, including identifiers, commercial information, internet or other electronic network or device activity information, geolocation data, and professional information. ‍A detailed description of the categories of personal information we collect and how we use such personal information is provided above in Section 2 (Information We Collect) and Section 3 (How We Use Your Information). Section 4 (Information Sharing and Disclosure to Third Parties) and Section 5 (Personal Information We Sold or Disclosed for a Business Purpose) describe the categories of third parties with whom we share personal information for a business purpose.

In the context of processing personal information of U.S. residents, certain states provide their residents with additional rights under consumer privacy laws if such laws are applicable to the data collector/processor. The following is a summary of some (but not all) of the rights you may have under various state laws.

California

If you are a California resident, you have the following rights (free of charge) under the California Consumer Privacy Act and the California Privacy Rights Act with respect to your Personal Information:

Disclosure of Personal Information We Collect About You

You have the right to request we disclose to you free of charge the following information covering the 12 months preceding your request:

· The categories of personal information we have collected about you;

· The categories of sources from which the personal information is collected;

· Our business or commercial purpose for collecting or selling personal information;

· The categories of third parties with whom we share personal information, if any; and

· The specific pieces of personal information we have collected about you.

Please note that we are not required to: retain any personal information about you that was collected for a single one-time transaction if, in the ordinary course of business, that information about you is not retained; reidentify or otherwise link any data that, in the ordinary course of business, is not maintained in a manner that would be considered personal information; or provide the personal information to you more than twice in a 12-month period. To submit a request for information, please email us at privacy@perfect365.com.

Personal Information Sold or Used for a Business Purpose

In connection with any personal information we may sell or disclose to a third party for a business purpose, you have the right to know:

· The categories of personal information about you that we sold and the categories of third parties to whom the personal information was sold; and

· The categories of personal information that we disclosed about you for a business purpose.

You have the right under the CCPA and certain other privacy and data protection laws, as applicable, to opt-out of the sale of your personal information. If you exercise your right to opt-out of the sale of your personal information, we will refrain from selling your personal information, unless you subsequently provide express authorization for the sale of your personal information. To opt-out of the sale of your personal information, visit “Settings” in the each Application, click on “Privacy Policy,” and slide the “Do Not Sell My Personal Information” switch off.

Right to Deletion

Subject to certain exceptions set out below, on receipt of a verifiable request from you, we will:

· Delete your personal information from our records; and

· Direct any service providers to delete your personal information from their records.

Please note that we may not delete your personal information if it is necessary to:

· Complete the transaction for which the personal information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us;

· Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity;

· Debug to identify and repair errors that impair existing intended functionality;

· Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law;

· Comply with the California Electronic Communications Privacy Act;

· Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research, provided we have obtained your informed consent;

· Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us;

· Comply with an existing legal obligation; or

· Otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information.

The right to request the business limit the use and disclosure of sensitive personal information

You have the right under the CPRA to request that we limit the use of your sensitive personal information to only that which is necessary for providing products or services to consumers.

Under the CPRA, the “Sensitive Data” categories include:

● Social Security numbers (SSNs),

● Driver’s license

● Financial account or card numbers

● Precise geolocation

● Racial and ethnic characteristics

● Religious and philosophical beliefs

● Union membership

● Contents of mail, email, and text messages

● Genetic and biometric data

Protection Against Discrimination

You have the right to not be discriminated against by us because you exercised any of your rights under the CCPA. This means we cannot, among other things:

· Deny goods or services to you;

· Charge different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties;

· Provide a different level or quality of goods or services to you; or

· Suggest that you will receive a different price or rate for goods or services or a different level or quality of goods or services.

Please note that we may charge a different price or rate or provide a different level or quality of services to you, if that difference is reasonably related to the value provided to our business by your personal information.

We will work to process all verified requests within 45 days. If we need an extension for up to an additional 45 days in order to process your request, we will provide you with an explanation for the delay.

To exercise any of these rights, please email privacy@perfect365.com. We will not discriminate against you for exercising any of your privacy rights.

Colorado

Colorado residents have rights under Colorado’s Consumer Privacy Act (“CPA”) regarding the collection, use, and sharing of their personal data. Perfect365 may engage in “targeted advertising” as that term is defined in the CPA. You have the right to opt-out of targeted advertising as described in Section 6 (“YOUR CHOICES ABOUT YOUR INFORMATION”). You may also contact us at privacy@perfect365.com to exercise any of your rights. We will not discriminate against you for exercising any of your privacy rights.

If you are a resident of Colorado, you also have the following rights:

Request to know what personal data has been collected about you, and to access that information;
Request to correct inaccuracies in your personal data;
Request deletion of your personal data, unless a CPA exception is available; and
Request a copy of your personal data.

To exercise any of these rights, please email privacy@perfect365.com. We will not discriminate against you for exercising any of your privacy rights.

Connecticut

Under the Connecticut Data Privacy Act (“CTDPA”), Connecticut residents may have certain rights around the collection, use, and sharing of their personal data. Perfect365 may engage in “targeted advertising” as that term is defined in the CPA. You have the right to opt-out of targeted advertising as described in Section 6 (“YOUR CHOICES ABOUT YOUR INFORMATION”). You may also contact us at privacy@perfect365.com to exercise any of your rights. We will not discriminate against you for exercising any of your privacy rights.

Illinois

The Illinois Biometric Information Policy (“BIPA”) provides Illinois residents with certain rights around the capture and retention of users’ biometric information. Pursuant to BIPA, Perfect365 must inform you of how Perfect365 may collect and process Biometric Information (as defined under BIPA) as a result of the products and services provided to you. Perfect365 does not and will not use facial recognition or identification technology in providing you with any products or services. Perfect365 does not store any Biometric Information and therefore cannot disclose or disseminate any biometric data to any third party for any promotional purposes.

Nevada

Under Nevada’s internet privacy law (SB 220), Nevada consumers may opt-out of the sale of certain information collected about them. If you wish to opt-out of any sale of covered information collected about you, you are able to make this request by emailing privacy@perfect365.com or by visiting “Settings” in the applicable Application and sliding the “Do Not Sell My Personal Information” switch off.

Virginia

Under the Virginia Consumer Data Protection Act (“VCDPA”), Virginia residents may have certain rights around the collection, use, and sharing of their personal data. Perfect365 may engage in “targeted advertising” as that term is defined in the CPA. You have the right to opt-out of targeted advertising as described in Section 6 (“YOUR CHOICES ABOUT YOUR INFORMATION”). You may also contact us at privacy@perfect365.com to exercise any of your rights. We will not discriminate against you for exercising any of your privacy rights.

13. ADDITIONAL GDPR PRIVACY RIGHTS

For residents of the EU, Perfect365 provides you the following additional information about our data processing activities under the General Data Protection Regulation (“GDPR”). Terms used but not defined herein have the meanings ascribed to them in Art. 4 of the GDPR.

Legal Basis for Processing: In most instances, as further detailed in Sections 2 and 3, we process your Personal Data with your consent. In some instances, we may process your Personal Data to comply with our legal and regulatory obligations, for the performance of a contract with you or to take steps at your request before entering into a contract, or for legitimate purposes.
Transfers of Personal Data: Because of the international nature of our business, Personal Data collected and processed by us may be shared with, accessed by, and/or stored with our corporate office, affiliates, parents, subsidiaries and service providers, outside of the EEA and UK, including in the United States of America. Where personal data is transferred and/or stored outside of the EEA and the UK, appropriate safeguards are established to ensure an appropriate level of data protection outside the EEA as well. If we are transferring your Personal Data to another country outside of the EEA or UK, we will adhere to local requirements to implement safeguards in relation to the transer. We may implement any mechanism that is approved under data protection laws to ensure that your Personal Data is treated by those third parties in a way that is consistent with applicable laws. These measures could include ensuring that the recipient is certified under the EU-US Privacy Shield; and/or implementing GDPR standard contractual clauses with the recipient.
Rights of Data Subjects: EU residents have the following rights with respect to Perfect365’s collection and processing of their Personal Data:
- Right of access: The right pursuant to Art. 15 GDPR to obtain information from the data controller as to whether or not your Personal Data is being processed. Where that is the case, you have the right to obtain access to the Personal Data and information on how it is being processed.
- Right to rectification: The right pursuant to Art. 16 GDPR to obtain from the data controller, without undue delay, the rectification of inaccurate Personal Data, as well as the right to have incomplete Personal Data completed.
- Right to erasure (“right to be forgotten”): The right pursuant to Art. 17 GDPR to request from the data controller, without undue delay, the erasure of your Personal Data, if the conditions of this provision are met.
- Right to restriction of processing: The right pursuant to Art. 18 GDPR to obtain restriction of processing, if the conditions of this provision are met.
- Right to data portability: The right pursuant to Art. 20 GDPR to receive the Personal Data in a structured, commonly-used and machine-readable format, and the right to transmit such data to another controller, if the conditions of this provision are met.
- Right to lodge a complaint with a supervisory authority: Without prejudice to any other administrative or judicial remedy, if you allege that the processing of your Personal Data infringes the GDPR, you have the right, pursuant to Art. 77 GDPR, to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work, or place of the alleged infringement.
- Right to Object: You have the right to object to the processing of your personal data that we process based on legitimate interests as described in Section 3 above. If you file an objection on these grounds, we will, based on the information provided, re-evaluate the grounds for the processing and determine whether they outweigh your interests, rights and freedoms, and, if possible, stop further processing and delete your Personal Data if this is the case. You can exercise this right by contacting us (see contact details above under Section 1).

Automated Decision-Making: Perfect365 does not use automated decision making in the sense of Art. 22 GDPR.

You can exercise the foregoing rights at any time by contacting us (see contact details below).

14. DO NOT TRACK

Do Not Track (DNT) is an optional browser setting that allows you to express your preferences regarding tracking by advertisers and other third-parties. We do not currently respond to DNT signals.

15. CHANGES TO OUR PRIVACY POLICY

Perfect365 may modify or update this Privacy Policy from time to time, so please review it periodically. We may provide you additional forms of notice of modifications or updates as appropriate under the circumstances. Your continued use of Perfect365 or the Application after any modification to this Privacy Policy will constitute your acceptance of such modification.

16. HOW TO CONTACT US

The party responsible for the processing of personal data or information under this Privacy Policy is:

Perfect365, Inc.

Attn: Data Privacy Officer or Legal Department

101 Jefferson Drive

Menlo Park, CA 94025

If you have questions or concerns about Perfect365’s Privacy Policy or to submit a request for information or exercise any of your rights, please contact us at privacy@perfect365.com.

NOTICE AT COLLECTION OF PERSONAL INFORMATION FOR CONSUMERS

Last modified: June 20, 2023

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Perfect365 (“Perfect365” or the “Company”) is collecting your personal information to support our business operations, as set forth in this Notice and our Privacy Policy (above). Any capitalized terms not defined in this Notice have the meanings given to them in the Privacy Policy.

We may collect the personal information categories listed in the table below:

Category Examples:

Information You Provide Directly.
- Your username, password and email address when you register for an account.
- Profile information that you provide for your user profile (e.g., name, picture, phone number, gender).
- User content (e.g., photos, facial scans, comments, and other materials) that you post to the Application.
- Information you provided to other users through the Application.
Payment Information. If you complete an in-app purchase through the Application using either a traditional payment method or virtual currency, we or our third-party payment or virtual currency processors collect information necessary to process and facilitate your transactions, including:
- The date, time, and amount of a transaction
- For traditional payment transactions, payment (e.g., credit card) and billing information.
- For virtual currency transactions, information identifying your account information and the account you are transacting with, your public wallet address, your account balance, your transaction history, blockchain transaction identifiers (e.g., the transaction hash), and the public wallet address of payors and payees. You should be aware that when you earn and spend using virtual currency, your blockchain transactions will be publicly visible to anyone who has access to the blockchain.
Analytics Information. We use third-party analytics tools to help us measure traffic and usage trends for the Application. These tools collect information sent by your device to our Application, including the content and ads that you view or click, and other information that assists us in improving the Application. We collect and use this analytics information with analytics information from other users so that it cannot reasonably be used to identify any particular individual user.
Location Information. Upon your consent, we may collect different types of information about your general location (e.g., IP address, zip code) or more specific location information (e.g., precise location from your mobile GPS) through methods such as mobile “SDKs” which allows us to periodically determine your location, including your location relative to and within third party merchant locations, and share such information with third parties, for purposes related to advertising (e.g. customized ads in the Application), analytics, attribution (e.g., measuring ad performance), and research. You may prevent location information from being collected by this or other apps, through your device settings (but this may affect the functionality of certain Application features). We may collect this information when the Application runs in the background on your device.
Cookies and Similar Technologies. When you use the Application, we allow third-party companies to collect certain information. These companies may utilize cookies, pixels, or other similar technologies to collect and use non-personally identifiable information in order to provide advertisements about goods and services likely to be of greater interest to you. To learn more about this behavioral advertising practice or to opt-out of this type of advertising, you can visit the websites of the Digital Advertising Alliance at www.aboutads.info and Networking Advertising Initiative at www.networkadvertising.org/choices/.
Log information. When you use the Application, we may automatically collect and store certain information in server logs. This may include:
- Information on how you interact with the Application.
- IP address.
- Device event information such as crashes, system activity, hardware settings, browser type, browser language, the date and time of your request and referral URL.
Data derived from facial detection scans. We may collect facial detection scan data as necessary to provide the functionality of the Application, e.g., scanning face to apply makeup/looks.
Data necessary for AI-generated images or avatars. For Applications that use artificial intelligence technology to create derivative images or avatars (“Outputs”), we will collect and process the original images you upload onto the Application (“Inputs”). In order to generate the Outputs and to train the AI model, the Application may scan the Inputs to determine the posture, location, topography, and other non-identifying characteristics of faces that appear in frame. The Inputs are immediately deleted once the avatar is created. Your purchased avatars are stored on our server so that they remain accessible to you through the Application at any time and from any device until you decide to delete them. The purchased avatars that you decide to download are stored in your device. We currently use the neural network model Stable Diffusion to generate the personalized avatars for the SoREAL AI Application.
Device and Usage Information. We may collect device and usage information such as:
- Precise geolocation data pertaining to a user’s devices (only upon your consent), which may be expressed by latitude-longitude coordinates obtained through GPS tools, WiFi data, cell tower triangulation or other techniques (collectively, “Device Geolocation Data”) and linked to a device identifier, such as the IDFA for iOS devices or Android ID for Android devices.
- Predicted or actual data about a user such as age, gender, date of birth, street address; predicted or actual characteristics or interests; and any information that users provide to us or to our users.
- Other information about a user’s device, such as: device type (e.g., tablet, smartphone), operating system, IP address, network provider, mobile carrier, mobile browser type (e.g., Firefox, Chrome, Safari), other apps and SDKs installed on the device, timestamp, time zone, information about the speed, bearing, orientation, and altitude of a device, or other device-identifying information.
- Information about the possible relationships among different devices.
- Data about User activities (e.g., the pages you view, the time and duration of your activities in the App) that helps us determine how a User interacts with advertising or content, such as determining whether a User who viewed a particular advertisement ultimately purchased the advertised product or service.
Local Storage. We may access metadata and other information associated with other files stored on your device. This may include, for example, photographs and contacts (only for the purpose of inviting friends to use an Application with your permission and to create your SoREAL Avatar).
Third-Party Social Media Site. If you choose, you can log in to the Application through certain third-party social media sites. Any information that such social media site provides to us will be governed by this Privacy Policy.

We use information that we collect about you or that you provide to us, including any personal information:

To provide the functionality of the Application
To help us develop, deliver, test and improve the Application
To monitor metrics such as total number of visitors, traffic, and demographic patterns
To provide personalized content and information to you and others, which could include sending you promotional messages, marketing, advertising and other information that may be of interest to you
To diagnose or fix technology problems
To allow us to keep you posted on Perfect365’s latest product announcements, application updates, and upcoming events
To provide customer support and respond to your inquiries and requests
To allow other users to contact you through the Application (as further described below)
To administer referral programs, rewards, surveys, sweepstakes, contests, or other promotional activities or events sponsored or managed by us or our third-party business partners
To find and prevent fraud
To resolve disputes, to protect the rights, property, or safety of Perfect365, our Application visitors, customers, or the public, and to enforce any legal terms that govern your use of the Application or our other services and products
To comply with our legal and regulatory obligations
For the performance of any contract with you or to take steps at your request before entering into a contract
Where you have given consent
For any other legitimate interest or those of a third party
To provide you with employment.

In the preceding 12 months, we have sold to or shared with one or more third parties the following categories of personal information for a business purpose as outlined in Section 5 of the Privacy Policy. However, you have the right under the CCPA and certain other privacy and data protection laws, as applicable, to opt-out of the sale of your personal information. If you exercise your right to opt-out of the sale of your personal information, we will refrain from selling your personal information, unless you subsequently provide express authorization for the sale of your personal information. To opt-out of the sale of your personal information, visit “Settings” in the applicable Application and slide the “Do Not Sell My Personal Information” switch off.‍

We retain personal information only as needed to achieve the purposes for which the information was collected. In certain cases, we may need to retain personal information for purposes required under applicable law, for tax or audit purposes, or for other lawful purposes.

If you have any questions or comments about this notice, the ways in which Perfect365 collects and uses your information described here, your choices and rights regarding such use, or wish to exercise your rights under applicable privacy law, please do not hesitate to contact us at:

Perfect365
101 Jefferson Drive
Menlo Park, CA 94025
privacy@perfect365.com