Privacy Policy

Phota Labs, Inc. ("Phota Labs,” "we,” "us,” or "our") is committed to protecting your privacy. This privacy policy (“Privacy Policy”) explains how we collect, use, disclose, and safeguard personal information when you interact with our websites, platforms, mobile applications, and other online services that link to this policy (collectively, the "Services").

This Privacy Policy applies to personal information that we collect and process in connection with your use of the Services. It does not apply to third-party websites, services, or applications, even if they are accessible through the Services.

Unless otherwise defined in this Privacy Policy, capitalized terms have the meanings given to them in our Terms of Service (“Terms”). In the event of any inconsistency between this Privacy Policy and the Terms regarding definitions or interpretation, the Terms will control.

1. WHAT INFORMATION WE COLLECT ABOUT YOU
   
   1. Information You Provide to Phota Labs. When you interact with us by using the Services or contacting Support, we collect personal information that you provide directly. This includes your login credentials such as your name, email address, password, and/or single sign-on (SSO) details, as well as user preferences, photographs, and banking or payment information needed to process transactions. We may also collect other personal data you submit, including information provided when you upload content, request customer support, or participate in marketing promotions. In addition, our mobile applications may request access to your device’s camera or photo library in order to support certain features. You may control or revoke these permissions through your device settings at any time.
      
      We will scan photos that you grant us access to when you onboard and as you continue using the App. We collect photos in different ways. If you are using the Services through the mobile app, we will scan photos that you grant us access to through your camera roll. If you are using the Services via the web app, you manually upload photos you want the Service to process. If you are accessing the Services through a developer or business user’s application that uses our API, that developer or business user submits your photos to us programmatically. For all access methods, when you grant us access to your photos, we collect and process visual content, biometric information, photo metadata, and derived and inferred information. You acknowledge and consent to this collection and processing occurring automatically across all photos you make accessible to us, not limited to photos you explicitly select for editing or transformation.‍
   2. Information We Collect When You Use Our Services. In addition to the information you provide directly, we also collect certain data automatically when you interact with the Services. This includes technical, usage, and device-related information that helps us operate, secure, and improve our platform. The types of data we collect in this context include the following:‍
      
      1. Log Files. When you use our Services, we may automatically collect information about your computer hardware and software. This information can include your IP address, browser type, domain names, internet service provider (ISP), the files viewed on our site (e.g., HTML pages, graphics, etc.), operating system, clickstream data, access times and referring website addresses. ‍
      2. Usage Data. We may collect Usage Data when you interact with the Services. Usage Data includes information such as technical logs, performance metrics, device identifiers, system events, and metadata associated with your interactions, including how often certain features are used, when specific actions are triggered, and what parts of the Services you engage with most. We may use third-party service providers to help collect and analyze Usage Data, but we only share it in a de-identified form that does not reveal Your Content. We use this data to support analytics, improve system performance, troubleshoot issues, and optimize the Services.‍
      3. Information from Cookies and Similar Technologies. We and our third-party partners may collect personal information using cookies, pixel tags, or similar technologies. For more information on our use of cookies and your choices regarding cookies, please see Section 6 (Cookies). We may also collect information through other methods, such as online conferences, events, or contests. ‍
      4. Location and Device Information. When you use the Services via a mobile device, we may collect and process information about your device and real-time location, including GPS coordinates, device type, mobile operating system, unique device identifiers, mobile network information, and diagnostic data. We may use this information to enable location-based features (such as contextual recommendations), enhance security, and improve app functionality. You can disable location access through your device settings, but this may limit certain functionalities of the Services. Further, if you authenticate with a third-party service, we may receive certain profile information from them in accordance with their terms and your privacy settings.‍
   3. ‍Sensitive Data Processing. The Services may process data that is considered sensitive under applicable processing laws, such as geolocation data, biometric information, images of children, and inferences about individuals. By using the Services and granting access to your camera roll, you expressly consent to our collection, use, and processing of such sensitive data as described in this Privacy Policy. You acknowledge that processing of sensitive data is necessary to provide the core personalized AI functionality that defines our Services.
      
      You have the right to withdraw this consent at any time by discontinuing use of the Services and closing your account, though this will not affect the lawfulness of processing conducted prior to withdrawal. You retain the right to request deletion by contacting us at support@photalabs.com.‍
2. ‍HOW WE USE PERSONAL DATA
   
   1. ‍To Provide the Services. We use your account information and Your Content to provide the products and services to you. For example, we use the username and password you choose to provide when signing up for the Services to create your user account. We may also use this information to authenticate you when you use the Services and to provide customer support. We collect the photographs, communications and other information you provide when you use our Services, including when you initiate the use of the Services, upload photographs, or communicate with our support team.‍
   2. To Improve and Develop Our Product and Services. We use Usage Data to understand how users interact with the Services and to guide product development. This includes identifying popular features, assessing user behavior trends, and evaluating potential new features or integrations. We may also analyze aggregated data across our user base to understand overall usage patterns. When shared externally, this statistical information does not identify individual users.‍
   3. To Secure and Protect our Users. We use your information to help prevent security incidents, verify accounts, process product sign-ups, and detect misuse of the Services. Log files may also be used to generate general usage statistics, improve navigation, and support compliance with analytics, export control, and regulatory requirements. We collect and log IP addresses to monitor access patterns, investigate security events, and troubleshoot issues. Where appropriate, we may link this automatically collected data to other personal information you provide.‍
   4. To Communicate with Our Users. We use your account information to communicate with you, which could include providing you with updates and other information relating to our services and products, providing information that you request, and responding to comments, questions, and requests. You may opt out of receiving promotional emails or text messages from Phota Labs by following the unsubscribe instructions included in those emails or text messages. If you experience difficulty unsubscribing, please contact us at support@photalabs.com for assistance. If you opt out, we may still send you transactional or relationship messages, such as emails about your account or updates to our products and services. With your permission, we may send you push notifications or in-app messages related to your account activity or promotional content. You can opt out of promotional messages at any time by contacting Phota Labs support through the app or your device notification preferences. Transactional messages may still be sent to ensure proper service delivery.‍
   5. To Monitor and Improve Autonomous System Behavior. We may also use interaction data and system metadata to monitor and improve the autonomous functions of the Services. This includes analyzing AI behavior, error patterns, system-triggered actions, and user overrides in order to support safe deployment, performance tuning, and continuous improvement of AI capabilities.
3. ‍HOW WE SHARE PERSONAL DATA ‍
   
   1. Service Providers. We may share Personal Data with our third-party service providers to support our Services. For example, we may use service providers for artificial intelligence, data hosting, payment processing, application development, and customer support. We may need to share your information with service providers to provide services to you. Examples may include analyzing data or performing statistical analysis on your use of the Services, supplementing the information you provide us in order to provide you with better service, developing and improving the product and services, and providing customer service or support. These service providers are prohibited from using your Personal Data except for these purposes, and they are required to maintain the confidentiality of your information. When we share your photos with third-party LLM providers (such as Google Gemini and OpenAI) for analysis purposes, we do so under contractual agreements that prohibit these providers from using your photos to train their own models. Notwithstanding the foregoing contractual protections, you acknowledge that transmitting your photos to third-party AI services involves inherent risks, and we cannot guarantee absolute control over data once transmitted to such third parties. For more information about how these third-party providers process data, please see their respective terms of service and privacy policies.‍
   2. Compelled Disclosure. We reserve the right to use or disclose your Personal Data if required by law or if we reasonably believe that use or disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or comply with a law, court order, or legal process. For more details on how your inputs and the outputs generated by the Services are processed, stored, and used, please refer to the “Your Content and AI Output” section of our Terms.‍
   3. API Developers and End User Data. If you are accessing the Services through a third-party application that integrates with our API (an “API Client”), that application’s developer or business user (the “Developer”) is responsible for obtaining your consent to submit your data to our Services. In this context, the Developer collects your data and submits it to Phota Labs through our API, pursuant to their privacy policy. Phota Labs processes your data on behalf of the Developer solely to provide the requested API services. When you use an API Client, your data may be processed by our third-party LLM providers as described in Section 3.1 above. If you have questions about how a Developer uses your data or want to exercise your privacy rights regarding data submitted through an API Client, please contact the Developer directly. For questions about how Phota Labs processes data submitted through our API, you may contact us at support@photalabs.com.‍
4. ‍HOW WE TRANSFER PERSONAL DATA INTERNATIONALLY ‍
   
   1. Scope of International Transfers. As of the date this Privacy Policy was last modified, Phota Labs only conducts business within the United States. However, in the event that we share Personal Data of individuals in the EEA, Switzerland or UK with third parties in the future, we will comply with all applicable international laws to safeguard the transfer. We will update this Privacy Policy accordingly if our business operations expand internationally. Please contact us if you need more information about which legal mechanisms we rely on to transfer personal data internationally.‍
5. ‍HOW WE STORE AND SECURE PERSONAL DATA ‍
   
   1. Data Storage and Security. We use a variety of security technologies and procedures to help protect your Personal Data from unauthorized access, use or disclosure. We secure the Personal Data you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure. All Personal Data is protected using appropriate physical, technical and organizational measures. However, no method of transmission over the Internet or method of electronic storage is completely secure, and we cannot guarantee absolute security.‍
   2. Retention of Personal Data. We retain Personal Data that you provide to us where we have an ongoing legitimate business need to do so (for example, as needed to comply with our legal obligations, resolve disputes and enforce our agreements). When we no longer have an ongoing legitimate business need to process your Personal Data, we will either delete or anonymize it, or, if this is not possible (for example, because your Personal Data has been stored in backup archives), we will securely store your Personal Data and isolate it from any further processing until deletion is possible.‍
6. ‍COOKIES ‍
   
   1. Cookies. Technologies such as cookies may be used by Phota Labs and our analytics or service providers (as applicable). Cookies are used to remember you and to collect information about how you interact with the Services. If you have an account with the Services, we may link this usage data with other information. You may have the option to either accept or refuse these cookies. If you choose to refuse, you may not be able to use some portions of the Services.‍
   2. What Are Cookies? Cookies are small text files sent to your browser when you visit a website. They allow the site to recognize your device and remember your preferences on future visits. Cookies may store settings or other data to support functionality and improve your experience. Cookies set by us are called first-party cookies, while cookies set by other parties, such as analytics or content providers, are called third-party cookies. These may track activity across multiple websites. We also use third-party mobile analytics tools to understand how users interact with our app, identify bugs or crashes, and improve performance. These tools collect anonymized data such as usage patterns, device status, and error logs, and are not used to personally identify users.‍
   3. Why Do We Use Cookies? We use first party and third party cookies for several reasons. Some cookies are required for technical reasons in order for our website to operate, and we refer to these as "essential" or "strictly necessary" cookies. Other cookies also enable us to track and target the interests of our users to enhance the experience on our Services. This data is used to analyze trends, administer the website, monitor how visitors navigate around the website, and to gather demographic information about our user base as a whole.‍
   4. What Types of Cookies Do We Use and How Do We Use Them? We use several types of cookies to support and improve our website. Essential cookies are required to deliver the services available through the site. Performance and functionality cookies enhance the user experience but are not strictly necessary for the website to function. We also use analytics and customization cookies, which help us understand how users interact with the site and allow us to tailor content based on those interactions. These cookies may operate in aggregate form or be used to personalize your experience.‍
   5. How Can I Control Cookies? You have the right to choose whether to accept or reject cookies. You can manage your cookie preferences through browser settings or by using opt-out links provided by advertising networks. Most browsers allow you to block or delete cookies, although doing so may limit access to certain features on our website. For browser-specific guidance, consult your browser’s help menu. You can also opt out of targeted advertising by visiting aboutads.info/choices, optout.aboutads.info, or, if located in the European Union, youronlinechoices.eu. Please note that opting out of targeted ads does not stop all advertising—it only affects personalized ads.‍
7. ‍YOUR PRIVACY RIGHTS AND CHOICES ‍
   
   1. Access, Correction or Deletion. You can request access, correction, updates or deletion of your Personal Data by contacting support@photalabs.com.‍
   2. Objection. You can object to our processing of your Personal Data, ask us to restrict processing of your Personal Data or request portability of your Personal Data.‍
   3. Withdraw Consent. If we have collected and processed your Personal Data with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your Personal Data conducted in reliance on lawful processing grounds other than consent.‍
   4. Complaint. You have the right to complain to a data protection authority about our collection and use of your Personal Data. To exercise any of these rights, please submit a request using any communication method provided through the Services. If no method is available, you may not to use the Services until a contact mechanism is published.
      
      Please note that to protect personal information, we may verify your identity by a method appropriate to the type of request you are making. Depending on where you reside, you may be entitled to empower an “authorized agent” to submit requests on your behalf. We will require authorized agents to confirm their identity and authority, in accordance with applicable laws.
      
      We will respond to your request to change, correct, or delete your data within a reasonable timeframe and notify you of the action we have taken. In some instances, your rights may be limited, such as where fulfilling your request would impair the rights of others, our ability to provide a service you have requested, or our ability to comply with our legal obligations and enforce our legal rights.‍
8. ‍CALIFORNIA PRIVACY RIGHTS ‍
   
   1. CCPA Applicability. As of the date this Privacy Policy was last modified, Phota Labs does not currently meet the thresholds established by the California Consumer Privacy Act, as amended by the California Privacy Rights Act (collectively, the "CCPA"). In the event that Phota Labs does meet the thresholds established by the CCPA in the future, this section will be updated accordingly.
9. ‍OTHER IMPORTANT PRIVACY INFORMATION ‍
   
   1. We Never Sell Personal Data. We will never sell your Personal Data to any third party.‍
   2. Information About Children. The Services have an age rating of 13+. Your photos may include children of all ages. Personal information collected from children is used only to provide our Services. We do not share the personal information of children with any third parties except as necessary to provide the Services or as otherwise described in this Privacy Policy. We do not knowingly collect personal information directly from children under 13. If you believe that we have collected Personal Data about a child under 13, please contact us at support@photalabs.com so that we may delete the information.
   3. If you provide access to photos containing children, you represent and warrant that you are the parent or legal guardian of any child under 13 depicted in the photos, or you have obtained verifiable consent from their parent or guardian. Parents and legal guardians have rights to review the personal information collected from their child, request deletion, refuse to permit further collection or use of their child’s information, and receive confirmation of what information has been collected and how it is used. To exercise those rights, please contact us at support@photalabs.com.