Privacy Policy

Last updated：Jun 16, 2024

ToonFace ("we", "us", "our") recognizes the importance of maintaining your privacy. We are committed to protecting and respecting your privacy. ToonFace Privacy Policy (“Privacy Policy”, “Policy”) describes how we handle user information collected through our application (“App”, “Application”, or "Platform"). By downloading, using and/or accessing our Services through the Platform, you expressly agree to the terms described in this Policy. If you do not agree with any of the terms in this policy, please do not use our services.

This Policy only applies to mobile application that reference or link to this Privacy Policy.

Data Controller: Wuhan Three Byte Technology Co., Ltd are the controllers (or similar term under applicable laws) of any information processed in connection with this Policy.

1.Face Data Policy

• Face data we collect

We analyze your photos to find the feature points of the faces in the photos (eg eyes, nose, mouth points) for face processing. We do not collect facial data. After the analysis process, all data will be deleted and no data will be saved.

• Purpose and process of collecting face data

In order to give you the "face cartoon" effect, we need to find feature points (e.g. eyes, nose, mouth points).

The complete process is: (1) You submit the selected photo to our server in an encrypted way; (2) The server analyzes the face data in your photo and applies it to the template you choose; (3) After the composition is completed, the server returns the final rendering effect to you through the application;(4) The final composite effect will be temporarily stored in encrypted storage, and will be permanently deleted after a certain period of time. After the compositing process is complete, we will delete the face image you submitted to the server immediately.

• Face data sharing and storage

We will not share your face data with any third party, nor will we store any face information you submit, and the photos you upload will be deleted after the analysis process is complete.

2.What information we collect

(1) We may receive the information described in this Policy from other sources, such as:

• Third Party Services. We may collect information about you from third-party services, such as advertising partners, data providers and analytics providers.

• Other sources. We may collect information about you from other publicly available sources.

(2) We collect information directly from you.

We collect information directly from you when you register for an account or use the Services.

• Image information. When you use the functionality of generating images, we will collect the images you upload to generate or process images.

• Feedback. When you contact us for feedback or customer service, we collect the information and materials you submit, your contact details (such as your email) so that we can contact you and answer your questions or provide other services.

(3) We collect information automatically.

• Usage information. We may collect your operation information on the platform, mainly including the information you click, browse, download, share and your search history, or any other information you provide during the use of our services, so that we can provide you with features.

• Device and log information. When you use our services, in order to ensure your normal use of our services and the safe operation of their functions, improve and optimize your use experience, and protect your account security, we will collect your device and log information as follows: device model, mobile phone Set language, mobile phone country, advertising ID, operating system and system version number, login IP address, software version number, access method, type and status to the network, network quality data, operation logs, service log information.

If you stop consenting or expressly withdraw your consent to our collection, use or disclosure of your information, we will immediately cease all such uses.

3.What permissions do we may ask you to authorize?

In order to provide you with better and more efficient products and services and improve your service experience, we may request you to authorize the corresponding terminal device permissions. With your consent, we collect the following permissions and corresponding information in accordance with the minimum data collection standards:

 Android permission application：

• Camera permissions: for shooting functions;

• Read and write external memory cards: for reading and writing files on external memory cards for image editing;

• Receive notification messages: used to receive messages;

• Get the current network status: remind the user whether the mobile network is currently in use or determine whether the user's network is available;

• Advertising ID: collects the device advertising identifier GAID for personalizing advertising content;

iOS permission application：

• Camera permissions: for shooting functions;

• Photo permission: used to read pictures in the mobile phone album for image editing;

• Recording permission: used for shooting function;

• Push notification permission: for receiving messages;

• Network request permission: used to request network data;

• Privacy Tracking Permission: Collect Device Advertising Identifier IDFA for personalizing advertising content；

You can check the status of the above permissions in the system settings of the terminal device, and you can turn on or off any or all of the above permissions at any time at your own discretion. Please note that when you turn on any permission，you authorize us to collect and use the personal information corresponding to the permission in order to provide you with the above corresponding services. Once you close any permission, it means that you cancel or revoke the authorization of the permission, we will no longer continue to collect and use the corresponding personal information based on this permission, and we will not be able to provide you with services corresponding to this permission. However, your decision to turn off permissions will not affect the collection and use of information in accordance with your previous authorization.

• Face Recognition: For certain theme template editing and image production services, our application collects avatar photos you upload or take. To use some features of the theme templates that require face cutout, you can voluntarily allow our app to access the camera or photo album to get photos from your mobile device. Our app can access your camera and photo album only after you confirm your permission. When you use certain face recognition functions, we will automatically capture the position and shape of your five senses, analyze the facial feature information, store this information on our server for photo processing, and return the renderings to you. We do not store or share such processed photos, facial features or renderings with any third parties.

4.How we use your information and legal basis

We may only use your information when we have justifications (each called a "legal basis") under data protection law. To process your information as described in this Policy, we rely on the following legal bases involve contractual necessity, legitimate interests, consent, compliance with applicable laws and regulations.

a) Contractual necessity

Ÿ To meet requests for information on products, services, platform capabilities, support and internal operations, and to solicit your feedback;

Ÿ To handle and respond to your inquiries and to help you provide timely feedback;

b) Legitimate interests

To pursue our legitimate interests（or those of a third party）as we deem fit and necessary, where your interests and fundamental rights do not override those legitimate interests of ours (or any third party), such as:

· Improve and develop our platform and conduct product development;

· Use of information for security purposes: we may use information for account and network security purposes, including to protect our Services for the benefit of all users, and to pre-screen or scan uploaded content for potentially illegal content. We may use your information for identity verification, monitoring account and transaction risk, detection and security prevention, fraud monitoring, archive backup, customer security services, and more;

· To enforce our terms, conditions and policies and to communicate with you in a timely manner, including notifying you of changes to our services: such as alerts about your account and changes to our terms, conditions and policies;

· To protect our legal rights and to protect our users and third parties from harm;

· To respond to complaints, hearings, arbitrations, lawsuits or other governmental or regulatory proceedings.

c) Compliance with applicable laws and regulations

· To comply with legal requirements;

· Assist law enforcement.

We store and maintain your information in order to comply with our legal obligations: for example, in an emergency, we may record, review, analyze and dispose of your information in accordance with applicable law.

d) Consent

· Use User Content (as defined in Terms of Use) as part of our advertising and marketing campaigns to promote the Platform: we may send you information about special promotions or offers and new features or products;For any other purpose disclosed to you when we collect your information or with your consent.

5.Cookies and Similar Technologies

When you use our services, certain information may be stored locally on your mobile device using "cookies" or similar technologies (such as Google Analytics and web beacons). We use cookies and similar technologies mainly to achieve the following functions or services:

 • Ensure the safe and efficient operation of products and services

We may set cookies or anonymous identifiers for authentication and security, so that we can confirm whether you are safe to log in to the service, or whether you have encountered theft, fraud or illegal activities. These technologies also help us improve the efficiency of our services and improve login and responsiveness.

• Helps you have an easier access experience

Using such technologies can help you avoid repeating the steps and processes of filling out your personal information and logging in frequently.

6.How we store your information

The length of time we retain personal information is to provide our services or to fulfill the original or directly related purpose for which such information was collected, or for other business purposes, such as complying with our legal obligations, resolving disputes, and enforcing our agreements. We are required by law to retain certain types of information for a certain period of time (such as a statute of limitations). If your personal information is no longer necessary for the legal or business purpose for which it was processed, we will generally destroy or anonymize that information.

7.How we share your information

(1) We may share your necessary personal information with third-party service providers to help us deliver and improve products, services, marketing, push/delivery notification bar messages, and to help you share content to third-party media Websites, by logging into third-party accounts and other legitimate business functions. We will confirm on what basis each third party will use your personal information and we will ensure that adequate safeguards and processes are in place to protect your personal data.

(2) We will disclose or transfer your information only if required to do so by law, or we have obtained your consent, or in good faith that any such action is necessary to: (a) comply with any legal requirement or comply with us or platform services; (b) protect and defend our rights or property; (c) take action in an emergency to protect the personal safety of our users or the public.

(3) In order to ensure the realization of relevant functions and the safe and stable operation of applications, we may access software development kits (SDK) provided by third parties to achieve relevant purposes. We will conduct strict security monitoring on the software tool development kits (SDK) used by partners to obtain information to protect data security. The relevant third-party SDK we access are listed in this privacy policy.

Please note that the third-party SDK may change their data processing types due to their version upgrades, policy adjustments, etc., please refer to the official instructions published by them.

Please noted that if you are a user downloads and use our Application implemented with any analytical or advertising SDK or otherwise interacts with the Application, the advertising company itself may be an independent controller of the personal information processed in order to provide the services that it will individually determine the purposes and means of processing such data. Such data refers to any information or data that advertising company collects through the SDK implemented in our application, in connection with any advertisement or otherwise in connection with the Service, e.g. IP address, device manufacturer, device brand, device model, device name, device operating system information, device configuration information, device environment information, network operator information, network type, network status, device identification information (IDFA/IDFV/UDID/Android ID/). The collection and transmission will not involve personal information. If personal information is involved in the transmission, please be aware that in no event will the advertising party and we process personal information as joint controllers and any information processed by the third parties through third-party SDKs is subject to their respective personal information processing policies.

Third-party SDK name: Google-Mobile-Ads-SDK

Purpose of collecting personal information: To provide personalized advertising

Collection of personal information: Embedding third-party SDK, SDK collects and transmits personal information

Scope of personal information collection: device identification information

Third-party agency name: Google LLC

Privacy Policy Link: https://www.google.com/adsense/new/localized-terms

Third-party SDK name: SnapSDK

Purpose of collecting personal information: to help users use sharing

Collection of personal information: Embedding third-party SDK, SDK collects and transmits personal information

Scope of personal information collection: device identification information

Third-party agency name: Snap Inc

Privacy Policy Link：https://snap.com/privacy/privacy-policy

Third-party SDK name: TikTokOpenSDK

Purpose of collecting personal information: to help users use sharing

Collection of personal information: Embedding third-party SDK, SDK collects and transmits personal information

Scope of personal information collection: device identification information

Third-party agency name: TikTok

Privacy Policy Link: https://www.tiktok.com/legal/privacy-policy-row

Third-party SDK name: AliyunOSS

Purpose of collecting personal information: file upload

Collection of personal information: Embedding third-party SDKs, SDKs collect and transmit personal information

Scope of personal information collection: device manufacturer, device brand, device model, device name, device operating system information, device configuration information, device environment information, network operator information, network type, network status

Third-party agency name: Alibaba Cloud Computing Co., Ltd

Privacy Policy Link： http://terms.aliyun.com/legal-agreement/terms/suit_bu1_ali_cloud/suit_bu1_ali_cloud201902141711_54837.html

8.How we protect your information

We are committed to protecting the security of your personal information. To prevent unauthorized access, disclosure or other similar risks, we have put in place reasonable physical, electronic and managerial procedures to protect and secure the information we collect from your use of our services on the platform. We will use all reasonable efforts to protect your personal information.

We review our strategy and update it as needed to meet our business needs, technological changes and regulatory requirements. These measures include, but are not limited to, technical and organizational security policies and procedures, security controls, and employee training. For example, when you send or receive data from ToonFace, we make sure it is encrypted using Secure Sockets Layer ("SSL") or other algorithms.

If we become aware of any breach affecting the security of your personal information, we will notify you as required by applicable law. By using the Platform, you agree to receive notices electronically.

9.Your rights

As the subject of the personal information, you are entitled to have the rights provided by the privacy laws in your jurisdiction. Your rights may include part or all of those described underneath. You can exercise your rights entitled by the privacy laws in your jurisdiction at any time by sending us relevant requests to support@toonface.app. Your rights may include:

（1） Right to be informed:

We publish this Policy to inform you of how we handle your personal information. We are committed to the transparency of the use of your information.

（2）Right to access your personal information:

You have the right to access personal information we hold about you, how we use it, and who we share it with.

（3） Right to correct your personal information:

You have the right to correct your information where that information is not accurate. You can correct your personal information by contacting us via the email stated in this Policy.

（4）Right to delete your personal information:

You can delete your account or remove certain personal information that we have stored about you. However, please note that we may need to retain personal information if there are valid grounds under data protection laws for us to do so (e.g., for the defense of legal claims or freedom of expression) but we will respond to you and let you know if that is the case.

To delete your data, you can:

Enter [Settings] - [Delete Account] to delete the account. You know and understand that the act of deleting your account is irreversible. When you delete your account, we will delete the following data about you:

a. Delete the image data generated by you in the APP.

b. Delete your favorite data in the APP.

c. Delete your account in the APP.

When you delete data, we follow the deletion process to ensure that your data is safely and completely removed from our servers.

（5）Right to restrict processing:

In limited circumstances, you have the right to request us to stop processing your personal information we hold about you other than for storage purposes in certain circumstances.

（6）Right to data portability:

You can request a copy of certain data in a machine-readable form that can be transferred to another provider if such right is requested by the privacy laws in your jurisdiction.

（7）Right of Refusal:

In certain circumstances (including where data is processed on the basis of legitimate interests or for the purposes of marketing) you may object to that processing.

If you are located in the European Economic Area (“EEA”), United Kingdom or Switerland, you may also object to the processing of your personal information for certain purposes:

（8）Right to Withdraw Consent:

You may withdraw your consent for the processing of your personal information by submitting a request to us via email. We will deal with your request within a reasonable time frame from the time when the request was received, and thereafter not processing your personal information as per your request.

Please note that your withdrawal of consent could result in certain legal consequences. Depending on the extent to which you authorize us to process your personal information, it may mean that you will no longer be able to enjoy the use of our services. However, any decision on your part to withdraw your consent or authorization will not affect personal information processing previously performed with your permission.

（9）Right to Refuse Automated Decision:

You may have rights not to be bound by automatic decisions, including user profiling, if such right is requested by the privacy laws in your jurisdiction.

（10）Right to lodge complaints to the supervisory authority:

To help us verify that you are the subject of the personal information and exercise your rights outlined above, we may require you to provide sufficient proof of identification. This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it.

If you are concerned about the way in which we are managing your personal information and think we may have breached any relevant laws and obligations, please contact us.

We will respond and reply to you as soon as possible. Generally, we will reply to you within one (1) month upon receipt of your request (If necessary, we may extend it by an additional two (2) months as permitted by law. We will inform you the reason for the extension within the aforementioned 30-day period, such as the request is too complicated or too much in volume).

If you feel we have not resolved your concern, you have the right to lodge a complaint with your local privacy or data protection regulator.

10.Privacy of Minors/Children

We protect the personal information of minors in accordance with the provisions of laws and regulations, and will only collect, use, share or disclose personal information of minors when permitted by law, with the explicit consent of parents or other guardians, or when necessary to protect minors; If we become aware that personal information from minors has been collected without prior verifiable parental consent, we will try to delete the information as soon as possible.

If you are the guardian of a minor, when you have any questions about the personal information of the minor under your guardianship, please contact us through the contact information published in this Privacy Policy.

11.Changes and Adjustments

The effective date of this policy is set out at the top of this policy. We may update this Privacy Policy from time to time and when we do, we will notify you by updating the "Last Updated" date at the top of this Policy and by posting the new Privacy Policy and providing any other notices required by applicable law. Your continued use of the products and services on the Platform will be deemed acceptance of the updated Privacy Policy. We recommend that you review the Privacy Policy each time you visit the Platform to stay informed about our privacy practices.

12.How to contact us

If you have any questions/complaints/suggestions/requests about this policy, you can send an email to support@toonface.app.

13. South Korea Addendum

This South Korea Addendum (“Addendum”) supplements the Policy and sets forth the information related to how we collect, use, and disclose the personal information of users in South Korea.

Delegation / Outsourcing of Processing of Personal Information

We delegate the processing of personal information to third parties as described below, which may process personal information according to the purpose of the delegation:

You may refuse to transfer your personal information overseas through our chief privacy officer. If you refuse to transfer personal information overseas, we may not be able to perform our services to you.

Additional Use and Provision of Personal Information

In accordance with South Korea’s Personal Information Protection Act (the “PIPA”), we may use or provide personal data that is reasonably related to the initial purpose of the collection, taking in account whether any disadvantages have been caused to data subjects and whether necessary secure measures have been taken such as encryption, etc. We will determine with due care whether to use or provide personal data, taking into account general circumstances including relevant laws and regulations such as the PIPA, the purpose of using or providing personal data, how personal data will be used or provided, the items of personal data to be used or provided, matters to which data subjects provided consent or which were notified/disclosed to data subjects, the impact on data subjects upon the use or provision, and measures taken to protect subject information. Specific considerations are as follows:

•            Whether the additional use/provision is related to the initial purpose of the collection;

•            Whether the additional use/provision is foreseeable in light of the circumstances under which personal data was collected and practices regarding processing;

•            Whether the additional use/provision unfairly infringes on the interests of the data subject; and

•            Whether the necessary security measures such as pseudonymization or encryption were implemented.

Destruction of Personal Information

We will destroy your personal data without delay upon the expiration of the retention period you consented to, the achievement of the purpose of processing, or other reasons for which the personal data information is no longer necessary.

Notwithstanding the expiration of the retention period or the achievement of the purpose, in the event we are required to retain your personal data for a longer period pursuant to an applicable law, such data will be transferred to a separate database or retained at a different location.

Our procedure and method of destroying personal information are as follows.

•            Destruction Procedure: We will select personal information which has a cause for discard and discard such personal information with the approval of its personal information protection manager. We will select the personal data to be destroyed (i.e., personal data whose purpose of processing is achieved or whose retention period has expired) and destroy it with the approval of our privacy officer.

•            Destruction Method: If printed on paper, we will destroy the personal data by shredding, incinerating, or some other similar method and, if saved in electronic file format, by using technical methods (e.g., Low-Level Format) which ensure that the data cannot be restored or recovered.

The Period of Retention of Personal Information

•            Act on the Consumer Protection in Electronic Commerce, etc.: Records regarding cancellation of contracts or orders and/or records regarding payments or provision of goods (5 years); Records regarding customer complaints or dispute resolution (3 years); and Records on labeling or advertising (6 months).

•            Protection of Communications Secrets Act: Log record data, communications confirmation data, etc. (3 months); Telecommunications confirmation data such as telecommunications date and time, commencement and end time of telecommunications, number of uses, etc. (1 year).

Your Rights

As we described in section 9 “Your rights”, you may access, correct, or delete the personal information at any time. You may also withdraw consent to the collection, use, provision or storage of personal information that you provided. Please be free to contact us at support@toonface.app if you want to exercise any rights.