Privacy Policy
Your privacy is important to us. Our Privacy Policy covers how we collect, use, disclose, transfer, and store your information and/or customized user data. We hope our policy is straightforward and easy-to-understand. If you do not accept the content of the following terms, we are unable to provide service for you.
Please take a few minutes to review the details of our privacy practices below. By using GoArt (hereinafter referred to as “GoArt Service” or “Service”), you acknowledge and agree that you have consented to the collection, use, disclosure, transfer and storage practices set out in this Privacy Policy. Particularly, if you are a minor, you shall read these terms under the guidance of your parent or legal guardian, and you shall use GoArt only after your guardian agrees to these terms.
1. Definition
1.1 “Company” or “we” refers to the legal entity that develops and provides GoArt products and service, i.e. Chengdu Everimaging Science & Technology Co., Ltd.
1.2 “Personal Information” refers to all kinds of information recorded by electronic or other means that can identify the identity of a specific individual or reflect the activities of a specific individual independently or in combination with other information.
1.3 “Non-Personal Information” refers to the processed anonymous user information that cannot identify specific individuals and cannot be recovered, such as data that does not allow direct association with any specific individual.
1.4 “Face Data” collectively refers to (1) “input”: the original photos, selfies and a specified gender that you submit to Service for purpose of creating AI Avatars; and (2) “outcome”: the avatars created through AI technology based on your face likeness. Face Data is a specific category of Personal Information.
2. Our Policy on Non-Personal Information
We may collect Non-Personal Information. Non-personal data we collect include Device Information, System Information and Log Data. Generally, they help us do troubleshooting and make our service better.
2.1 Device Information or System Information
2.1.1 If you visit our Service through website or mobile application, we shall receive and record the device related information you use (such as device type, operating system and its version, device settings, device identifier, time zone and language, software version number, browser unique identifier) according to specific permissions you grant in the software installation and use.
2.1.2 The purposes of the Device Information or System Information includes: 1) identifying the user’s using habits; 2) automatically matching user’s system language; 3) decision on service adaptation to some older devices or systems; 4) helping developers locate the errors in the software; and 5) improving the Service of website such as access speed etc.
2.2 Log Data
We may save information about your registration or each login to GoArt (“Log Data”). We may automatically record certain information about how you use Service. Log Data may include information such as a user’s Internet Protocol (IP) address, date and time of login/logout. We use this information to administer and provide access to Service. Such information will be guaranteed to be under control of Company. We shall protect such Log Data through both technical and administrative means to prevent risk of loss, improper use, unauthorized access, disclosure or changes.
3. Our Policy on Personal Information (General)
3.1 Collection
Any collection of Personal Information will request your prior consent. Personal Information may be collected in a number of ways. Typically, we may prompt you to provide Personal Information that is necessary for a certain feature to be performed.
3.2 Transfer
In general, we will not transfer your Personal Information to any third party. Notwithstanding, as far as permitted by applicable laws, such information, as a whole, may be inherited, transferred, or taken over by our legal succession in a merger, acquisition, or sale of the company and/or its assets, as well as in the event of insolvency, bankruptcy or receivership.
3.3 Deletion
You may delete your personal information by contacting support@fotor.com. You understand that we shall delete your personal information within the period regulated by applicable laws after verifying your identity.
3.4 Disclosure
You should understand and agree that we may disclose your Personal Information to law enforcement authorities in the event of assistance to prevent, detect or investigate criminal activity.
4. Our Policy on Face Data
4.1 Collection
The only case that we collect Face Data is when you use AI Avatar features. Service uses a neural network model say “Stable Diffusion” to generate AI Avatars based on your input. To implement this functionality, you will be asked to upload 8 to 15 photos or selfies to Service and select a desired gender of the avatar to be created.
4.2 Storage, Retention and Deletion
4.2.1 About Input
Your input will be temporarily stored on our servers (provided by Amazon Web Services located in the USA) and will be permanently deleted from our servers once the avatars are successfully generated.
4.2.2 About Outcome
Your outcome (avatar) will be stored on our servers (provided by Amazon Web Services located in the USA) so that they remain accessible to you in Service at any time until you decide to delete it. Generally, the retention time of your outcome equals to the term of your account existence. You can delete your outcome by yourself in Service at any time or just send us an email (at support@fotor.com) to request assistance in deletion.
4.3 Use, Transfer and Share
We only use your Face Data to provide AI Avatar features to you in Service. We DO NOT use your Face Data to train any other AI products. We DO NOT use your Face Data to identify any individual user or for any marketing purpose. We DO NOT use your Face Data to build a user profile, or otherwise attempt, facilitate, or encourage any third party to do so. We DO NOT transfer, share, sell, or provide your Face Data to advertising platforms, analytics providers, data brokers, information resellers or other such parties.
5. Compliance with Laws in Other Jurisdictions
We will make our best effort for you to exercise your rights pursuant to your local data privacy legislation, so far as it’s not in conflict with applicable laws of the People’s Republic of China. Send us an email at support@fotor.com requesting to exercise your rights.
6. Enforcement
We regularly review our own compliance with our Privacy Policy. If you submit a formal written complaint, we will contact you and try our best to resolve the issue.
7. Changes
Our Privacy Policy may change occasionally. We will not reduce your rights under this Privacy Policy without providing explicit, advanced notice. In the event of significant changes, we will provide a more prominent notice (such as a popup window in Service).
8. Governing Law & Dispute Resolution
8.1 Governing Law
The formation, execution, validity, interpretation and performance and the settlement of disputes concerning this Privacy Policy shall be governed by and construed in accordance with the laws of the People’s Republic of China, without giving effect to any conflict of law principles.
8.2 Dispute Resolution
8.2.1 Except as otherwise agreed between you and Company, claim or controversy arising out of or relating to this Privacy Policy or the breach, termination, enforcement, interpretation or validity of these terms (collectively, “Disputes”) shall be settled by lawsuits.
8.2.2 You agree that Disputes between you and Company will be resolved by binding, individual lawsuit and you waive your right to participate in a class-action lawsuit.
8.2.3 Unless you and Company both otherwise agree, the lawsuit shall be under the jurisdiction of a People's Court in Chengdu City, Sichuan Province, People’s Republic of China. Company shall not be liable for any legal fees and/or other costs incurred prior to receiving complete notification of the claim.
9. Contact
If you have any questions about this Privacy Policy, please send us an email at support@fotor.com.