Effective Date: 01.02.2023
If you are using our mobile application, you may hear it referred to as "RealFake," "Profaile," or simply "the application." Meanwhile, any individuals using the app will be referred to as "users," "you," or "your," as appropriate.
Additionally, when we discuss your interaction with the application (including downloading, installing, registering, accessing, or any other form of use), we will refer to this as your "Use" or simply "use."
We would like to take a moment to shed some light on the intricate process behind the creation of personalized avatars using RealFake. Our proprietary Neural Network Model Stable Diffusion is at the heart of this system, and allows us to provide users with truly unique avatars. To get started, users simply upload between 10 to 15 photos and specify their gender. From here, a copy of the Stable Diffusion model is retrained using the provided data in order to create a personalized version of the model. Once the personalized model is complete, it generates the avatars based on the user's input. It's worth noting that once the avatars have been generated, the original uploaded photos are immediately and permanently deleted from our servers. We keep the personalized model copy on file for future features, allowing for a more streamlined experience without the need for additional model training each time. Please rest assured that we do not utilize any of your Personal Data in the general training or creation of our separate artificial intelligence or related products. Your privacy and security are of the utmost importance to us.
At RealFake, we have designed our information collection process to be as comprehensive as possible. This includes but is not limited to the collection of Personal Data from and about you. Here are the three main ways in which we collect this information:
Firstly, we may collect information directly from you when you provide it to us. This allows us to tailor our services to better meet your needs.
Secondly, information may be collected automatically when you make use of RealFake. This may include details about your usage of the platform, as well as your internet protocol (“IP”) address.
Lastly, we may also collect information from third parties such as our Service Providers (as defined below). By implementing a variety of collection methods, we aim to create a complete and detailed understanding of your needs and preferences.
It is important to note that we can only access your photos after you grant us permission to access your camera or your device's photo library. This permission is granted through a request that appears on your mobile device, and you have the option to revoke it at any time through the settings on your mobile device. If you are using an iOS device, you can open the Settings app, scroll down, tap “Privacy,” and then tap “Camera” or “Photos.” Next to RealFake, you can toggle the permissions switching on or off.
Your gender: We may ask you to indicate your gender when generating Avatars, so that our AI model can generate avatars that match the gender you chose. For example, if you select female, you may receive avatars with more feminine features.
Your email: If you decide to create an account with us, we may ask you to provide your email, which will be used as part of your sign-in process.
Your contact details and inquiries: If you contact us with any questions or concerns, we may keep records of your correspondence with us and any contact details you provided (such as your name, address, email, or phone number). We do this to investigate and respond to your inquiries, as well as to monitor and improve our customer support services for you and other RealFake users.
As part of the operation of RealFake, we may automatically gather some information about you. Such information may be utilized for in-app/website analytics or marketing purposes, and is vital for RealFakes's operation. This data includes:
Device particulars: This encompasses information about your device's internet connection and mobile device, such as your IP address, unique device identifier, mobile network information, and operating system.
Usage information: Information regarding your interaction with RealFake, which includes how frequently you use the app/website, the application's specific features that you access, and your engagement with said features. We use this information to analyze in-app/website events and for marketing purposes, provided you have given us consent to do so. To disable the collection of your IDFA by RealFake, please follow the instructions below:
For iOS devices: Go to the Privacy settings to view a list of apps that request to track your activity. For iPhones or iPads, navigate to Settings - Privacy - Tracking. Tap to turn off or on permission to track for RealFake.
RealFake relies on automatically collected data to operate the application and enhance its performance for better user experience. This data aids in audience size estimation and provides insights into how RealFake is being used, as well as users' preferences.
To automatically collect this data, RealFake utilizes various technologies, including third-party analytics tools like Google Firebase, Meta, AWS, AppsFlyer, and Amplitude. These tools use third-party analytics software development kits integrated into RealFake to gather information such as pseudonymized user IDs, the web pages accessed within the application, user actions, and basic subscription information. RealFake collects and aggregates this information with data from other users in a manner that cannot be used to identify a specific individual.
To learn more about how these third-party analytics tools collect and process user data and to opt-out of such data collection and processing generated by RealFake, please refer to the provided link or contact RealFake at email@example.com.
RealFake values your privacy and strives to protect it at all times. To this end, we ensure that most of the processing activities occur on your device. However, there is one exception to this rule, namely when generating Avatars, as these function requires advanced computing resources.
We do not use photos, or Avatars to identify any individual user.
We do not use your photos, or Avatars for authentication, advertising, or marketing purposes, nor do we target a user in a similar manner.
We do not use your photos, or Avatars to build a user profile or to attempt, facilitate, or encourage third parties to identify anonymous users or reconstruct user profiles based on your photos, or Avatars.
We do not transfer, share, sell, or otherwise provide your photos, or Avatars to advertising platforms, analytics providers, data brokers, information resellers, or other such parties.
RealFake uses the information you provide for a variety of purposes, with the exception of photos and videos. Here are the different ways in which RealFake utilizes your information:
Secondly, RealFake uses your information to provide support and respond to inquiries. If you provide your Personal Data, including your name and contact information, while seeking assistance, the company will use that information to investigate your concerns and improve its responses to inquiries from you and other users. This is in line with the company's legitimate interest in providing high-quality support to its users.
Thirdly, RealFake uses your information to notify you about changes to the app or any products or services it offers, including technical notices, account/subscription notices, updates, security alerts, and administrative messages. This includes the use of in-app or push notifications, which you can opt-out of by changing your device settings. It is the company's legitimate interest to keep you informed about your use of the app.
Fourthly, RealFake uses your information to present the app/website and its content to you and others, and to provide any information, products, or services that you request. This is in line with the company's contractual obligation to provide you with its services.
Sixthly, RealFake uses your information in an aggregated manner to provide, improve, test, and monitor the effectiveness of the app. This is also in line with the company's legitimate interest in understanding its product and business metrics.
Seventhly, if you choose to use the Avatars feature, RealFake will use your gender identification to retrain a separate copy of the Stable Diffusion model, which is used to generate personalized Avatars based on your photos. This is in line with the company's contractual obligation to provide you with the requested service.
Ninthly, upon your explicit consent, RealFake uses your information to provide personalized content and information to you in relation to the app, including online ads or other forms of marketing. Additionally, with your consent, the company may use your information for marketing purposes in order to find audiences similar to its users, sharing user Use details, device information, and in-app purchase details with third-party advertising partners.
RealFake is committed to ensuring that your Personal Data is processed in accordance with the purpose limitation principle. We will not process your Personal Data in any way that is incompatible with the purposes for which it was collected or authorized by you in accordance with Section 5. We will also collect only the amount and types of Personal Data that are necessary for the purposes outlined in this section.
If RealFake needs to process your Personal Data for a new purpose that is not compatible with any of the above-mentioned purposes, we will seek your separate explicit consent before doing so.
We understand the importance of having reliable and accurate Personal Data. To ensure that your Personal Data is reliable for its intended use, accurate, complete and current, we take all reasonable steps necessary for processing purposes. Furthermore, we will only collect the minimum amount and types of your Personal Data that are strictly necessary for the purposes outlined in Section 5, in compliance with the data minimization principle.
RealFake respects your privacy and is committed to protecting your personal information. As a user of our app/website and Avatars feature, you have certain rights when it comes to your personal data. You can exercise these rights by contacting us at firstname.lastname@example.org. If you want to access, modify, correct, update, erase, or obtain a copy of your personal data that we have collected from you, you can request it through email. Please note that we may not be able to comply with a request to change your personal data if we believe the change would violate any law or legal requirement, or if the change would cause the information to be inaccurate. Your privacy is important to us, and we are committed to being transparent about how we use your personal data. If you have any questions or concerns about your rights, please don't hesitate to reach out to us.
If you are an individual residing in the European Economic Area ("EEA") or the United Kingdom ("UK"), you are entitled to certain statutory rights regarding your Personal Data. These rights are provided under the General Data Protection Regulation (Regulation (EU) 2016/679) ("EEA GDPR") and the Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2020 (SI 2020/1586), which may be amended from time to time ("UK GDPR"). These rights include the ability to request access, modification, correction, update, erasure or portability of your Personal Data that we hold, as well as the right to request that we delete your account on our app/website. To exercise these rights, please contact us.
Right to access Personal Data: You have the right to request information about whether we have any Personal Data about you and to access your Personal Data (including in a structured and portable form) that you have provided to us while using RealFake Avatars.
Right to rectification of Personal Data: You are responsible for ensuring the accuracy of your Personal Data that you provide to us. If you believe that your Personal Data is incomplete or inaccurate, you have a right to contact us and ask us to correct it.
Right to restriction of processing: You have the right to demand restriction of processing of your Personal Data if you contest the accuracy of the Personal Data which inaccuracy is verified by us.
Right to erasure of Personal Data: If you believe that your Personal Data is no longer necessary in relation to the purposes for which it was collected or otherwise processed, or in cases where you have withdrawn your consent, or object to the processing of your Personal Data, or where the processing of your Personal Data does not otherwise comply with the GDPR, or if your Personal Data have to be erased for compliance with a legal obligation under EU or EU member state law, you have the right to contact us and ask us to erase such Personal Data. Please be aware that erasing some Personal Data may affect your ability to Use RealFake Avatars.
Right to portability of Personal Data: If we process your Personal Data on the basis of your consent, or if this is necessary for the performance of our contract, you have the right to request us to receive any Personal Data you provided us in a structured, commonly used and machine-readable format. You may further ask us to give that Personal Data to another party.
Right to object processing or otherwise using Personal Data: Where we are processing your Personal Data based on our legitimate interest, you may object to the processing or otherwise using your Personal Data. Please be aware that our inability to process or otherwise use some of your Personal Data may affect your ability to Use RealFake Avatars. If you have opted in to receiving marketing communications, you have the right to opt out of those at any time.
Right to withdraw consent at any time: Where you may have provided your consent to the processing of your Personal Data for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. The withdrawal of your consent does not affect the lawfulness of the processing based on your consent before its withdrawal.
Right to lodge a complaint with a supervisory authority: Subject to the GDPR, you have the right to lodge a complaint with a local data protection authority in the country of your residence, where you work, or where an alleged infringement of the applicable data protection law took place.
RealFake may require additional information from you if your request to exercise any of the aforementioned rights is not clear. If we cannot obtain more details or if we deem it impossible to complete your request, we reserve the right to decline your request. According to applicable laws, we may require proof of identity, such as requesting your user account or other forms of identification, before you can exercise your rights. This measure is to ensure that your request does not violate the rights of third parties and that only authorized persons or actual Personal Data subjects can exercise the mentioned rights. RealFake will process your request within one month of receiving it. In complex or numerous cases, we may extend this period by up to two months. If we do so, we will inform you within one month of receiving your request. We will not discriminate against you for exercising your rights under the law. Opting Out of Promotional Emails RealFake will seek your consent before sending you promotional and marketing emails, if required by law. To opt-out of our promotional and marketing emails, you can use any of the following methods: Follow the opt-out links in any marketing email we send you; Adjust your settings in the RealFake app on your mobile device; or Contact us using email@example.com.
RealFake does not engage in the rental or sale of your Personal Data, including photos, to any external third parties beyond the Company and its Affiliates (as defined below).
The following third-party organizations are examples of the Service Providers that RealFake uses to support its app/website and who are bound by confidentiality and data protection terms:
In the case of a change in ownership or control, such as a merger or acquisition, where RealFake or its assets are sold or transferred to another organization, your Personal Data and any other collected information may be one of the assets sold or transferred to the new entity.
RealFake may be required to access, maintain, and share your information in response to legal, regulatory, or government requests. RealFake may access, maintain, and share information when necessary to detect and prevent fraudulent and illegal activity, protect RealFake, you, and others, or prevent harm. RealFake may retain and process information for an extended period of time in response to legal requests, government investigations, or investigations concerning possible violations of RealFake's policies or terms. We may also access, preserve and share information when we have a good faith belief it is necessary to: (i) detect, prevent and address fraud and other illegal activity; (ii) protect ourselves, you and others, including as part of investigations; and (iii) prevent death or imminent bodily harm. Information we receive about you may be accessed, processed and retained for an extended period of time when it is the subject of a legal request or obligation, governmental investigation, or investigations concerning possible violations of our terms or policies, or otherwise to prevent harm.
Reasonable and appropriate measures are used to secure the information collected and prevent unauthorized access, alteration, disclosure, and accidental loss. However, it should be noted that the internet is not entirely secure and despite our efforts, we cannot guarantee the absolute security of the information transmitted to or through RealFake. Any transmission of information is done at the user's own risk. RealFake is not responsible for any breach of security. It is important to understand that there is no foolproof technology or measure to ensure 100% security.
The protection and safety of the information you provide us also rely on your actions. Changes to the privacy settings of the social media platforms you use to share your photos and videos may affect the privacy of your information. It's important to note that we cannot guarantee the privacy or security measures of any other organization.
Your Personal Data, other than photos and Avatars: Typically, we will keep your personal information, excluding photos and avatars, for as long as your account is active. This means that we will store your personal information until you delete your account or ask us to delete your data (by emailing us at firstname.lastname@example.org). Please note that removing the RealFake app does not automatically delete your account and your associated data."
The images you upload to create your Avatars are erased right after a successful generation. However, your Avatars are saved on our servers hosted by Amazon Web Services (USA). You can access them from any device at any time until you choose to delete them. You can do this by sending a request to us at email@example.com or using the app's functionality.
We may keep your Personal data if you contact us regarding your privacy or for other communication purposes. This is necessary to comply with our legal obligations, settle disputes, and enforce agreements. Even if we delete some or all of your Personal Data, we may still retain and use anonymized data that we collected before, which cannot be used to identify individuals.
General age limitation. RealFake is not intended for or directed at children under 18/21 years old (as applicable in your juridiction), and we do not knowingly collect or solicit any information from anyone under the age of 18/21 years old (as applicable in your juridiction) or knowingly allow such persons to Use RealFake. If you are under 18/21 years old (as applicable in your juridiction), do not: (i) Use or provide any information in RealFake or through any of its features, or (ii) provide any information about yourself to us, including your name, address, telephone number or email address. In the event that we learn that we have collected or received any Personal Data from a child under 18/21 years old (as applicable in your juridiction) without verification of parental consent, we will delete that information as quickly as possible. If you believe we might have any information from or about a child under 18/21 years old (as applicable in your juridiction), please contact us.