Privacy Policy

This Privacy Policy (“Privacy Policy”) applies to the processing of personal data of users (“user”) and other persons whose data is processed in the context of the multi Avatars feature (“third parties”) by Bending Spoons S.p.A. (“we” or “us”), the parent company of Splice Video Editor S.r.l., when you use the Dawn AI mobile application (“app”) or otherwise interact with us and this Privacy Policy is presented to you, in accordance with Regulation (EU) 2016/679 – General Data Protection Regulation (“GDPR”), the Italian Legislative Decree 196/2003 (as amended), and other applicable local laws, as amended or replaced (jointly, “Applicable Privacy Laws”).

If you are a California resident, please see Section 13 (Additional Information for California Consumers) below.

If you are a resident of Illinois, please see Section 14 (Additional Disclosures for Illinois Consumers) below.

1. Data Controller and Data Protection Officer

The Data Controller is Bending Spoons S.p.A., based in Via Nino Bonnet 10, Milan, MI 20154 (Italy), VAT 08931860962. For any requests regarding the processing of your personal data, please email us at privacy@bendingspoons.com.

Our Data Protection Officer can be contacted by sending an email to dpo@bendingspoons.com for any requests relating to the processing of your personal data or 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	Legal Basis	Categories of Processed Data
To enable you to use the app and to provide you with its functionalities.	The legal basis for the processing is the performance of our contractual relationship (art. 6(1)(b) of the GDPR). In the context of multi Avatars, should you be considered as a third party who is not using the app, we will process your personal data (i.e., images) based on our legitimate interest.	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. The app processes the images you upload, including images of faces. We process these images and certain information about the faces depicted within the images, such as information that estimates the location of parts and areas of the faces (“Facial Data”). Note that in some jurisdictions outside of Europe, Facial Data may be considered biometric data; however, the technologies implemented in the app do not allow neither aim at performing a unique identification or authentication of people in the images, nor is it our intention to train the technologies to do so. In order to generate AI avatars, the app needs access to your photo library and to your camera, but this access will require that you grant a specific permission through a request that will appear on your mobile device.
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).	The legal basis for the processing is our legitimate interest (art. 6(1)(f) of the GDPR) to improve our products and services.	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). See h) below for details about how we use images uploaded by you and Facial Data to improve our photo-video editing features and train our photo-video editor algorithms.
To ensure the quality and the proper functioning of the services by analyzing, preventing or correcting failures and bugs, illicit use or misuse of the services.	The legal basis for the processing is our legitimate interest (art. 6(1)(f) of the GDPR) to ensure the quality and the proper functioning of the services.	Identifiers, Internet and network activity information (such as IP address), inferences we generate, images uploaded by you, images generated by the app from the images you uploaded, and other related information about your usage of the app.
To comply with our legal obligations, including requests from public authorities.	The legal basis for the processing is compliance with legal obligations to which we are subject (art. 6(1)(c) of the GDPR).	Any information which may be required by law or under the instructions of public authorities.
To process and respond to customer support communications and to requests for information you may raise with us.	The legal basis for the processing is the performance of our contractual relationship (art. 6(1)(b) of the GDPR).	Identification and contact information you provide us (such as name, email address) and the content of your communication or request.
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).	The legal basis for the processing is our legitimate interest (art. 6(1)(f) of the GDPR) to establish, exercise or defend our rights and to carry out corporate transactions or operations.	Any information necessary to ensure the performance of these purposes.
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.	The legal basis for the processing is our legitimate interest (art. 6(1)(f) of GDPR).	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. The 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.
To improve our photo-video editing features in Dawn AI and in other photo-video editing apps provided by us and our subsidiary companies, and offer a better service for editing and enhancing your images (for example, by using your images to train and validate our photo-video editor algorithms in Dawn AI and in other similar mobile and web apps provided by us and our subsidiary companies, and by examining and labelling your images to improve the performance of our editing and enhancement features).	The legal basis for the processing is your consent (art. 6(1)(a) of the GDPR).	Images uploaded by you and Facial Data, only if you expressly give your consent for this specific purpose. As described above, Facial Data may be considered biometric data in some jurisdictions outside of Europe; however, the technologies implemented in the app do not allow neither aim at performing a unique identification or authentication of people in the images, nor is it our intention to train the technologies to do so. Images processed in the context of the multi Avatars feature are excluded from this type of processing.

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. In some cases, we may also adopt data encryption and pseudonymization measures. However, transmissions over the Internet are never 100% secure, and you should not provide any personal data if you want to avoid any risk.

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 generate AI Avatars and images generated by the app from the images you uploaded and Facial Data are deleted from our servers after 7 days from your last interaction with the AI avatar feature. In case you have a subscription, these images and Facial Data will be deleted from our servers after 30 days from your last interaction with the AI avatar feature.

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.

Personal data, Facial Data and images processed for the purposes referred to in section 2.h) will be kept for no more than 3 years from the upload of the images.

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.

For the purpose referred to in Section 2.h), we rely on your consent which can be withdrawn at any time. Should you not grant your consent for this purpose, you will still 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:

To disable the tracking enabled by IDFA and AAID described in Section 2.g):
- From iOS and iPadOS 14.5, go to Settings > Privacy > Tracking and tap to turn off or turn on Allow Apps to Request to Track or permission to track for a specific app. On previous iOS or iPadOS versions, go to Settings > Privacy > Advertising and turn on Limit Ad Tracking button.
- On Android devices, you can go to your device's Settings app or Google Settings app (differs depending on your device) > Services > Ads and turn on Opt out of Ads Personalization.
To disable the app’s access to your device’s photo library and/or camera:
- From iOS and iPadOS, go to Settings > Dawn AI and tap to turn off Photos and/or Camera.
- On Android devices, you can go to your device's Settings app or Google Settings app (differs depending on your device) > Apps > Dawn AI > Permissions > Camera and/or Photos and videos > Don't allow.

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

By using the multi Avatars feature, you might share with us images of third parties (i.e., images related to another person). In this case, you warrant that you have all necessary rights and authorizations to lawfully process such images and to share them with us and you acknowledge that you will be held responsible for the lawfulness of such data processing activity.

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

In the context of the multi Avatars feature, other users might share images of yourself to create multi Avatars. Please consider that this privacy policy aims at providing you as well with relevant information on how we process your personal data.

Should you be considered as a third party in the context of multi Avatars feature, we inform you that we have been provided with your images from one of our app users that has granted to have all necessary rights and authorizations to lawfully process such images and to share them with us.

7. Sharing Your Personal Data

We may share or disclose your personal data to the following categories of recipients:

Vendors carrying out activities that are related or instrumental to our business and operational activities as outsourced data processors appointed in writing in accordance with Applicable Privacy Laws, or acting as autonomous data controllers (such as IT or storage service providers, mobile measurement partners, suppliers of mobile marketing services, and advertising networks and platforms).
If we carry out a corporate transaction or operation (for example, in case of bankruptcy, merger, acquisition, reorganization, sale of assets or assignments, and due diligence related to any such transactions), your personal data may be disclosed to our advisers and any prospective purchaser's advisers, and may be one of the assets that is transferred to another owner.
Public, judicial or police authorities, within the limits established by applicable laws.

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 privacy@bendingspoons.com.

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:

Right of access. You have the right to obtain information about the processing of your personal data and to access it.
Right to rectification. You have the right to ask for the updating, rectification or integration of your personal data.
Right to erasure. You have the right to request the deletion of your personal data.
Right to restriction of processing. You have the right to request the restriction of the processing of your personal data.
Right to data portability. You have the right to obtain a portable electronic copy of the personal data we collected from you (e.g. the images uploaded to the app). The right to portability does not also cover output data (e.g. the AI avatars generated by the app).
Right to object. Where we rely on our legitimate interest to process your personal data, you have the right to object to such processing, wholly or partly, on grounds related to your particular situation. In particular, you are entitled to object to the processing of your personal data for direct marketing purposes, including profiling.
Right to withdraw your consent. Where we rely on your consent to process your personal data, you have the right to withdraw your consent, although the processing carried out before your withdrawal of consent will remain valid.

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:

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).
Long press four fingers on any screen within the app until a menu opens up.
Tap Send a Privacy Request and follow the instructions.
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 Bending Spoons, you can contact us by sending an email to privacy@bendingspoons.com. 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 privacy@bendingspoons.com. 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 photos you share with us); 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 7 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; audio and visual 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:

Request more details about the categories and specific pieces of personal information that we process.
Request the deletion of their personal information.
Opt out of “sales” of personal information that may be occurring.
Not to be discriminated against for exercising these rights.

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

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).
Long press four fingers on any screen within the app until a menu opens up.
Tap Send a Privacy Request and follow the instructions.
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 Bending Spoons, you can contact us by sending an email to privacy@bendingspoons.com. 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.

14. Additional Disclosures for Illinois Consumers

In accordance with Illinois law, this section provides additional disclosures related to Facial Data. As described in Section 2 above, we collect and process Facial Data to generate AI avatars and, with your consent, to improve our photo-video editing features and train our photo-video editor algorithms. When we use Facial Data to generate AI avatars, we retain Facial Data for no more than 7 days from your last interaction with the AI avatar feature, unless you have a subscription, in which case Facial Data will be retained for 30 days from your last interaction with the AI avatar feature. When we use Facial Data to improve our photo-video editing features and train our photo-video editor algorithms, we retain Facial Data for 3 years from the date you uploaded the image from which the Facial Data was collected. We use cloud storage providers to store Facial Data. We will never sell, lease, or trade Facial Data to third parties. As described above, Facial Data may be considered biometric data in some jurisdictions; however, Facial Data is not used for identification or authentication purposes.

Last updated: 20 March 2023

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