HiCut Privacy Policy

This privacy policy describes HiCut's privacy practices related to the HiCut mobile application (the "App").

Welcome to HiCut's Privacy Policy!

If you decide not to read the entire privacy policy, we want to let you know some key points about HiCut's privacy practices:

For more information about our privacy practices, see below.

1. Information We Collect

1.1 When you use the app and select a photo or video to edit, we cache it for processing to provide the requested editing service:

• The photos or videos you select when using the app, through the camera or camera roll (if you have granted the app access to the camera or camera roll) or through the in-app internet search function.
• We only process specific photos and videos that you select to modify using the app; even if you grant us access, we will not collect your photo or video album.
• We use a local encryption key stored on your device to protect each photo or video you select.
• This means that the only device that can view the photo or video is the device that submits the photo or video using the app - that is, the user's device.
• Please note that although we do not require or ask for any metadata attached to the photos or videos you select for editing, by default, metadata (such as including geotags) may be associated with your photos or videos.
• We take measures to delete any metadata related to the photos or videos you provide when using the app.
• Photos or videos may be cached in the cloud for a limited time. Within 24 to 48 hours after the last edit, you can return and make other changes.

1.2 Sharing and Disclosure of Information

We are committed to protecting your privacy. We do not sell, rent or lease your personal information to third parties. We do not transfer your personal information to any company, organization, or individual, except in the following cases:

• With Your Separate Consent: We may share your information with third parties when we have obtained your separate and explicit consent to do so.
• Service Providers: We share information with third-party vendors that perform services on our behalf and we may integrate third-party software development kits ("SDKs") for purposes such as analytics, crash reporting, authentication, cloud storage, emails delivering, payment process, customer support and advertising. Types of third-party service providers include:

• Analytics service providers: We may need analytics service providers (such as Google Analytics and Firebase Analytics and Adjust) to help us understand how people are using our products and services and to improve them. These providers may collect your information like User ID, Advertising ID (IDFA/GAID), device information (such as OS and model), general location data (e.g., country/city), and data about your interactions with our Service (e.g., features used, pages viewed, in-app events).
• Cloud hosting providers: We use cloud hosting service providers (such as Tencent Cloud) to securely store and manage user information and application data. The providers may collect information such as your profile information, usage data, and any other information you provide through the Service.
• Communication service providers: We use communication service providers (such as Aliyun) to send notifications or emails to you. The providers may collect information such as your User ID, email address, and the content of the message we are sending to you.
• Payment processor: We use Apple pay service provider for payment processing. We may share your personal information such as your User ID and Device ID with the payment service provider.

We take commercially reasonable steps to ensure our service providers adhere to the security standards we apply to your personal information.

• Business Transfers: We will not transfer your personal information to any third party, except in the case of a merger, acquisition, asset sale, or judicial liquidation where your information may be transferred as part of the transaction. We will ensure the confidentiality of such information during the transfer process and require the new holder to continue to be bound by this Privacy Policy.
• Legal Compliance and Safety: We may disclose your information if required to do so by law or to protect the safety of any person or our rights or property.
• Professional Advisors: Such as lawyers and accountants, where doing so is necessary to facilitate the services they render to us.
• Affiliates: We may share personal information with our current and future affiliates, meaning an entity that controls, is controlled by, or is under common control with us. Our affiliates may use the personal information we share in a manner consistent with this Privacy Policy.

1.2.2 Purchase information related to the app

If you choose to purchase an app subscription, we will not receive billing address, credit card, etc. information (because we do not directly distribute subscriptions). We will only receive confirmation from the relevant app store that you are a paid subscriber of the app so that we can provide professional services.

1.2.3 Device data

Such as the type and version number of your computer and mobile device operating system, manufacturer and model, push token, Google Advertising ID and Apple Advertising ID, browser type, screen resolution, IP address (and your relevant city/country/region), and the website you visited before accessing our website.

In general, only network identifiers such as IP addresses, application instance IDs (assigned to copies of the application installed on a device), and advertising IDs are considered personal data. However, we cannot directly identify you as the data subject based on such identifiers.

1.3 When you contact us by email, we may also collect:

• Contact information, such as your name and email address, and information related to your communication.

2. How We Use Your Information

2.1

Except for providing you with the editing functions of the app, we will not use the photos or videos you provide when using the app for any other purpose.

2.2 We may use information other than photos and videos for the following purposes:

• 2.2.1 Operate and improve the app and website. We use your personal information to operate, maintain, and provide you with the app and website. In particular, we will use your personal information to fulfill our contractual obligations under the terms of use, such as:
• 2.2.2 Communicate with you about the app and website, including sending you announcements (if you choose to "share your email address"), updates, and security alerts (which we may send via push notifications), and responding to your requests, questions, and feedback.
• 2.2.3 Provide technical support and maintenance for the app.
• 2.2.4 Improve, monitor, and protect our app and website. Improving service and ensuring user safety is in our legitimate business interests. We do this by:
  • Conduct statistical analysis of aggregated data related to the use of the app and website (including through the use of third-party services).
  • Troubleshooting, testing, and research.
• 2.2.5 Show you ads. If you use the free version of the app, we work with advertising partners to display ads in the app. Where required by applicable law, we will process your personal information based on your consent, which you can withdraw at any time. Otherwise, we will use your personal information for advertising purposes in line with our legitimate interests.

• 2.2.6 For compliance, fraud prevention, and security. As long as it is in our legitimate business interests, we may use and disclose the information we collect (such as device data and app usage information): (a) protect our, your, or others' rights, privacy, safety, or property (including making and defending legal claims); (b) enforce the terms and conditions regarding the app and website; and (c) protect, investigate, and prevent fraud, harmful, unauthorized, unethical, or illegal activities. We may disclose this information to government authorities and other third parties as required by applicable law. We cannot disclose photos and videos that have been cached for processing because we do not store the encryption key.
• 2.2.7 Create anonymous, aggregated, or de-identified data. We may create anonymous, aggregated, or de-identified data and use and share it in line with our legitimate business interests.

2.3

We will only process personal information when our legitimate interests are not overridden by your interests or your fundamental rights and freedoms.

3. How We Share Your Information

3.1

We will not disclose users' photos or videos to third parties (temporarily cache encrypted versions through our cloud provider to provide the photo and video editing functions of the App). We cannot share cached photos and videos for processing because we do not store the encryption key.

3.2 In the following cases, we may share your non-photo, non-video information:

• Affiliates. For purposes consistent with this privacy policy, we may share information collected from you with our subsidiaries and affiliates.
• Service providers. We may share your information with service providers who provide services on our behalf or help us operate the app (such as customer support, hosting, analytics, email delivery, marketing, and database management services). These third parties can only use your information in accordance with our instructions or authorizations and in a manner consistent with this privacy policy and cannot use your information for any other purpose.
• Advertising partners. When using third-party cookies and other tracking tools, our advertising partners may collect information from your device to display ads in the app and promote the website and app (and related content) on other online sites.
• Third-party platforms and social media networks. You can choose to post edited photos or videos to your social media accounts. We do not control the use of your information by third-party platforms, which is subject to the privacy policies and terms and conditions of that third party.
• Professional advisors. During the process of professional advisors (such as lawyers and auditors) providing professional services to us, we may disclose your information to them when necessary.
• Business transfer. In business transactions (or potential business transactions), we may sell, transfer, or otherwise share some or all of our business or assets, including information, such as in corporate divestitures, mergers, consolidations, acquisitions, reorganizations, or sales of assets, or in the event of bankruptcy or dissolution. When we conduct a business transfer or asset reorganization, we will make a data declaration.
• Data sales. We do not sell your data unless we conduct a business transfer or asset reorganization, we will make a data declaration.

You have the right to know whether your information is shared, and you have the right to request to stop or refuse the sharing of your information and data. You can contact us through the Contact information in Section 13.

4. Legal Basis for Processing (For Users in the EEA, UK, and Brazil)

If you are a user in the European Economic Area (EEA), United Kingdom (UK), or Brazil, we process your personal information based on the following legal grounds under applicable laws (e.g., GDPR and LGPD):

• Consent: We process certain information based on your explicit consent, such as:
  • access to camera, microphone, photo/media library, contacts, file, clipboard, location, bluetooth, SD card storage;
  • sending targeted marketing communications and promotional offers;
  • showing personalized ads.
• Performance of a Contract: We process your personal information to fulfill our contract with you, such as:
  • creating and managing your account;
  • providing app functionalities and services you request;
  • processing subscriptions and purchases.
• Legitimate Interests: We process information for our legitimate interests, such as:
  • service improvement, troubleshooting, and analytics;
  • fraud detection and service security;
  • measuring ad campaign performance.
• Legal Obligation: We process your information to comply with our legal obligations, such as:
  • responding to lawful authority requests;
  • meeting financial and audit requirements.
• Protection of Vital Interests: We process your information in emergency or safety-related situations.
• Exercise of Rights in Legal Proceedings: We process your information to defend our rights in legal disputes.

Where we rely on consent, you may withdraw it at any time. Where we rely on legitimate interests, you may object to such processing.

5. Your Rights

5.1 Opt out of push notifications

You can opt out of push notifications we send to you by changing the settings on your mobile device.

5.2 Device permissions

You can revoke any permissions previously granted to us through the settings on your mobile device, such as access to your camera, camera roll, or microphone.

5.3 Personal information requests

We also provide you with choices that affect how we process personal information under our control. Depending on your jurisdiction, you can request the following information about your personal information:

• Information about how we collect and use your personal information. We have included this information in this privacy policy and will provide it to you without your request.
• Access a copy of the personal information we have collected about you. Where applicable, we will provide the information in a portable, machine-readable, and easy-to-use format.
• Correct inaccurate or outdated personal information.
• Delete personal information that we no longer need for providing services or other legitimate purposes.
• Other rights, such as Object and Request that we limit the use of your personal information.

Choose not to share your information

If we need your information to provide you with services or if the law requires us to collect your information, if you do not provide this information when requested (or if you later request the deletion of this information), we may not be able to provide our services to you.

Your choices are limited

In some cases, your choices may be limited, for example, whether fulfilling your request would harm the rights of others, our ability to provide the service you request, or our ability to comply with legal obligations and enforce legal rights.

If you are not satisfied with how we handle your request, you can contact us and file a complaint in accordance with the "How to Contact Us" section below.

Please note that we may need more information to verify your identity and process your request.

6. Other Websites, Mobile Applications, and Services

The app may contain links to other websites, mobile applications, and other online services operated by third parties. These links do not constitute our endorsement or affiliation with any third party. In addition, our content may be included in web pages, mobile applications, or online services not related to us. We do not control third-party websites, mobile applications, or online services and are not responsible for their actions. Other websites, mobile applications, and online services follow different rules for collecting, using, and sharing your personal information. We encourage you to read the privacy policies of other websites, mobile applications, and online services you use.

7. Security Practices

We use commercially reasonable security measures to help ensure the security of the information collected through our services. However, HiCut cannot guarantee the security of any information you provide, as bad actors may attempt to access, disclose, change, or destroy your information. Please do your part to help us. You are responsible for always maintaining the confidentiality of your information and controlling access to communications between you and HiCut. We are not responsible for the functions, privacy, or security practices of any other organization.

8. Retention

Photos and videos and information related to these photos and videos will be deleted within 24 to 48 hours after editing the last photo or video using the app. This will allow you to revisit the photo or video during this period to make other modifications. For non-photo and non-video information that we may collect, we will retain such information only for as long as necessary to achieve the purposes set forth in this privacy policy.

9. How We Handle Facial Data

9.1 How and Why we use facial data?

When you use the face-related functions of HiCut, we analyze the facial feature points (such as the eyes, nose, and mouth points) in the photos you upload in order to process the face and generate AI artworks, including realizing the "face-swap effect." The facial data is used solely to provide artistic effects and creative functions.

9.2 Sharing with third-parties

To realize the AI artwork generation feature, we will share necessary facial image data with third-party AI service providers who assist us in providing this function. We strictly require such third parties to use user data only for implementing this specific functionality and to process it in compliance with our instructions, confidentiality obligations, and applicable data protection laws.

9.3 Data retention period

Facial images and related data uploaded by users will be retained for 7 days from the date of upload, after which such data will be securely deleted or anonymized.

9.4 Data security measures

We adopt encryption, access-control, and other security measures to store facial data securely and to protect sensitive personal information against unauthorized access, disclosure, alteration, or destruction.

10. Cross-border Data Transfers

Our primary server is located in Singapore. We may transfer your personal information abroad, these countries may not provide the same level of protection as the data protection laws in your location.

When we transfer information internationally, we:

• Ensure that data transfers comply with applicable laws; and
• Ensure that relevant safeguards are in place to provide adequate protection for your personal information.

We use various protection measures for each data transfer as needed. For example, we use:

• Standard contractual clauses (or other legal tools such as international data transfer agreements or appendices approved by the UK government) to require third parties to protect your data and provide you with the rights and protections at the EU and UK levels;
• Technical protections such as automatic deletion, encryption, and pseudonymization; and
• Policies and processes to challenge disproportionate or illegal government requests.

Please note that our technical support team may also access your information outside of your state, province, or country, such as application usage information.

11. Children

Our apps and websites are not targeted at children or teenagers under 18 years old. This explains why we do not intentionally collect data from subjects under 18 years old. If you are under 18 years old, please do not use our apps and websites. If you are a parent or guardian of a person under 18 years old, please do not allow that person to use our apps and websites. In some cases, due to local regulatory requirements, this age may be higher.

12. Changes to the Privacy Policy

We reserve the right to modify this privacy policy at any time. If we make significant changes to this privacy policy, we will notify you by updating the date of this privacy policy and posting it on the app and website. We may (if required by law) communicate other change notifications to you in a way that we consider reasonably possible (such as through the app). Any changes to this privacy policy will take effect when we post new terms on the website and/or implement new changes on the app and website (or as otherwise indicated at the time of posting). In any case, your continued use of our services after the posting of any revised privacy policy constitutes your acceptance of the terms of the revised privacy policy.

13. Data Controller

All data controllers of HiCut are handled by Chen Haoyu. You can contact us at facenew2022@163.com.

14. How to Contact Us

If you have any comments or questions about this privacy policy, if you have any concerns about your privacy, or if you want to complain about the way HiCut processes your personal data, you can contact our data protection officer at facenew2022@163.com.