Privacy Policy - Fotello

Fotello Technologies Inc. ("Fotello," "we," "our," or "us") is committed to protecting your privacy and ensuring transparency in how we collect, use, and share your personal information. This Privacy Policy explains our practices regarding data collection and usage when you use our AI video services, website, and related tools (the "Service").

By accessing or using the Service, you consent to the practices described in this Privacy Policy.

1. Personal Data We Collect

We collect the following types of personal data:

1.1 Registration Information

Full name
Email address
Payment information
Other details provided during registration.

1.2 Camera Recordings and Avatars

If you create an avatar, we collect:

The video and audio you record with your camera and microphone, or upload, including your face, voice, and likeness ("Recordings").
The scripts and text you provide for your videos.
Your makeup choices, if you use the live makeup feature.

We use your Recordings only to create your avatar and the videos you request. We do not use your Recordings to create face templates or other biometric identifiers to identify or recognize you. We do not sell your Recordings, and we do not use them to train artificial intelligence models.

1.3 Listing Information and Photos

Listing details, photos, and other content you add to personalize your videos.

1.4 Analytics Information

IP address and geolocation data.
Device and browser type.
Interaction logs and actions within the Service.

1.5 Communication Data

Information provided in support inquiries or surveys.

1.6 Additional Data for GDPR and CCPA:

GDPR-specific: Legal basis for processing, described in Section 6.
CCPA-specific: Categories of personal information as defined by the CCPA.

2. How We Use Your Data

We process your data to:

Provide and maintain the Service.
Create your avatar and generate AI videos featuring your likeness and voice, at your request.
Personalize your videos with your listing details and photos.
Apply live makeup effects while you record, if you choose to use them.
Improve the Service and create new features using anonymized usage data.
Comply with legal obligations and enforce terms.

3. Data Sharing

3.1 Service Providers

We share data with trusted partners, such as:

Cloud storage providers.
Payment processors.

3.2 AI Service Providers

To create your avatar and videos, we send your Recordings, scripts, and related content to AI service providers that process them on our behalf, such as providers of image generation, video generation, and speech processing. These providers process this content only to deliver their services to us.

3.3 Live Makeup (Snap Camera Kit)

If you use our live makeup feature, the makeup effects are provided by Snap Camera Kit, a technology of Snap Inc. The effects are applied in your browser while you record. They detect where your face is in the camera image so the makeup lines up with it; they do not identify you. Before you first use live makeup, Snap will ask you to accept its Terms of Service and Privacy Policy. Any information Snap receives is handled under Snap's Privacy Policy.

3.4 Legal Obligations

We share data if required by law or in response to valid legal processes.

3.5 Business Transfers

In mergers, acquisitions, or asset sales, your data may be transferred with notice.

3.6 CCPA-Specific:

We do not sell personal information.

4. Your Rights

4.1 GDPR Rights (Applicable to EU Residents):

Access: Request a copy of your personal data.
Correction: Correct inaccuracies in your data.
Erasure: Request deletion of your data.
Data Portability: Receive your data in a machine-readable format.
Objection: Object to certain types of data processing.
Restriction: Limit processing under specific circumstances.

4.2 CCPA Rights (Applicable to California Residents):

Access: Request disclosure of the specific data we collect about you.
Deletion: Request deletion of your personal data.
Opt-Out: Right to opt-out of the sale of personal data (though we do not sell data).
Non-Discrimination: You will not face discrimination for exercising your rights.

5. How to Exercise Your Rights

To exercise your GDPR or CCPA rights, contact us at support@fotello.co.

GDPR: Include proof of identity and the specific request.
CCPA: Include your California residence and nature of the request.

6. Legal Basis for Processing (GDPR Compliance)

Under GDPR, we process data based on:

Contractual Necessity: To provide the Service you signed up for.
Consent: For processing activities where consent is required (e.g., marketing).
Legitimate Interests: To improve the Service and secure operations.
Legal Obligations: To comply with laws and regulations.

7. Data Retention

We retain your data:

For as long as necessary to provide the Service.
To comply with legal obligations or resolve disputes.
Anonymized data may be retained indefinitely.

8. Security Measures

We implement safeguards to protect your data. However, no system is completely secure. You use the Service at your own risk.

9. International Data Transfers

Fotello operates globally and may transfer your data to countries with differing laws.

For GDPR compliance: Transfers outside the EU are subject to EU-approved safeguards such as Standard Contractual Clauses (SCCs).
For CCPA compliance: Transfers adhere to applicable California law.
AI processing: Some of our AI service providers process Recordings outside your country, including in Singapore.

10. Children's Privacy

The Service is not intended for individuals under 18. We do not knowingly collect data from children.

11. Changes to this Privacy Policy

We may update this Privacy Policy periodically. Changes will be posted on this page, and material updates will be communicated via email or within the Service.

12. Contact Information

For questions or concerns, contact us at:

Email: support@fotello.co
Mail: Fotello Technologies Inc., 4531 Victoria Drive, Vancouver, B.C. V5N 4N7