Privacy Policy

INTRODUCTION AND SCOPE

Effective Date: October 23rd, 2024

This Privacy Policy ("Privacy Policy") is delivered on behalf of WOMBO Studios Inc. ("WOMBO Studios Inc.", "we", "us", and "our") and governs the Personal Data (as defined below) collected from or processed about you when you use the WOMBO Dream and WOMBO Meme mobile applications ("WOMBO Dream", "WOMBO Meme", the "apps", or the "applications"), including by downloading, installing, registering with, accessing or otherwise using the applications (collectively referred to herein as "Use").

WOMBO Applications are provided as Freemium services, meaning that while basic features are available at no cost, certain premium features require payment. This Privacy Policy applies regardless of whether you are using free or premium features.

We provide this Privacy Policy to explain our practices for collecting, using, processing, and disclosing the Personal Data we process about WOMBO Applications users ("users", "you", or "your", as applicable), and to tell you about the rights you may have in relation to your Personal Data and choices you may be able to make in relation to it. By Personal Data we mean (i) information that is associated with an identified or identifiable natural person, and (ii) protected as personal data under applicable data protection laws.

This Privacy Policy applies to Personal Data we or any third party collects from you offline or on any of our other apps or websites, including websites you may access through WOMBO Applications.

Please read this Privacy Policy carefully to understand our privacy practices. We also encourage you to get acquainted with our Terms of Use to understand how we provide services to you. For information on how we process photos in connection with various features of our apps, please see Section 3: How We Process, Share and Retain Your Photos, Videos, and Image Data.

If you do not want us to process your Personal Data as it is described in this Privacy Policy, please do not Use WOMBO Applications.

Questions? If you have any questions about this Privacy Policy or WOMBO Applications, please contact us at support@wombo.ai.
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1. PERSONAL DATA WE COLLECT AND HOW WE COLLECT IT

We may collect Personal Data from and about you:

Directly from you when you provide it to us.
Automatically when you Use WOMBO Applications. Information collected automatically may include Usage details and internet protocol ("IP") addresses.
From third parties, for example, our service providers, partners and vendors.
Through error logs when you encounter technical issues with our Services.
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2. PERSONAL DATA YOU PROVIDE TO US DIRECTLY

Photos and (or) videos that you upload. If you grant us permission to access your camera or your device's photo library, we will process the photos and videos you select to upload to provide features of the apps that you choose to Use. This includes facial feature data necessary for generating animations and other features. For more information regarding how we process your photos and videos, please see Section 3.
Account Information. When you create an account, we ask you to provide your email address. If you log in with your Apple ID we will receive your Apple ID and may receive the email address associated with your Apple ID, depending on your Apple settings. If you log in via your Google Account we will receive your associated email address.
Correspondence Information. If you contact us or communicate with us, we will collect and receive records and copies of your correspondence with us and contact details that you have provided us while making your inquiries (such as your name, postal addresses, email addresses and phone numbers or any other identifier by which you may be contacted).
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3. HOW WE PROCESS, SHARE, AND RETAIN YOUR PHOTOS, VIDEOS AND IMAGE DATA

We process your photos and videos to provide you with the features of WOMBO Applications that you choose to Use. The following describes how we process, share, and retain your photos, videos and Image Data in connection with various features of our apps. Please note, however, that we may retain your data for longer time periods than set forth below where required to do so by law.

Characters. To generate Characters, you must upload 10-20 photos to WOMBO Applications. The photos you upload are used on our servers, which are hosted by fal.ai. The Characters feature relies on the FLUX Model by Black Forest Labs, which is hosted on fal.ai. We apply technology that uses the model with the photos you uploaded and generates Image Data to create and personalize your Characters. Immediately after the successful generation of Characters, your original photos, as well as any associated Image Data, are deleted permanently from our fal.ai servers. The facial feature data we collect is vital for the generation of the final animation. We do not Use your Personal Data to train and/or create separate artificial intelligence/products.
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4. PERSONAL DATA WE COLLECT AUTOMATICALLY

When you Use WOMBO Applications, we or third parties we permit to do so, may automatically collect certain information, including Personal Data, from you (this is subject to your consent where this is required by law). The information collected automatically may include:

Device information: Information about your mobile device and internet connection, including your IP address, the device's unique device identifier, operating system and version, mobile network information, device type and device language.
App and country information: Information regarding the version of the apps that you are using and the country version of the app store from which you downloaded WOMBO Applications.
Image Data: For more information regarding how we process your photos and videos when you Use various features of the apps, please see Section 3.
Usage details: Details of your Use of WOMBO Applications, including frequency of Use, areas and features of the applications that you access and information regarding engagement with particular features of the apps. This data is used to better understand user behavior and improve our app experience.
Purchase information: Details regarding the time you made certain purchases and other transaction-related data.
Subscription Data: Details confirming the existence of relationship between us and confirmation that relationship ended, if applicable (e.g., subscription order, payment confirmation, subscription cancellation, subscription price & duration, if you used the apps), and information about your subscription status and redacted cardholder data (this doesn't include your full card details).
Log Data: In case of an error in the apps, we collect Log Data which may include information such as your device Internet Protocol ("IP") address, device name, operating system version, the configuration of the apps when utilizing our Service, the time and date of your use of the Service, and other statistics. This information helps us diagnose and fix technical issues.
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5. THE PURPOSES AND OUR LEGAL BASES FOR PROCESSING YOUR PERSONAL DATA

We may use your Personal Data for a variety of purposes depending on the category of Personal Data and the way you Use and interact with WOMBO Applications, including the following:

To present to you and others with WOMBO Applications and their contents and any other information, products or services that you request from us, including to provide various features of the apps (e.g., Image Generation; and Characters) and its functionality. We do so to provide you with the services subject to your explicit consent and according to our contractual obligation.
To carry out our obligations and enforce our rights arising from any contracts entered into between you and us in relation to WOMBO Applications (e.g., the Terms of Use). This is for the performance of our contract with you and for our legitimate interests in performing and enforcing our contracts with you and/or to defend our rights in case of claims.
To customize our product and service offerings to you, for example, offering pricing personalization and discounts. In doing so, we make automated decisions using device type and device language data. Where required by law, we rely on your consent to offer such personalization and/or offer you the opportunity to opt-out. Please see Section 7: Cookies, Software Development Kits, and Other Tracking Technologies for more information.
To provide you with customer and technical support, investigate your concerns, respond to your inquiries and to monitor and improve our responses to your and other users' inquiries in relation to WOMBO Applications. It is our legitimate interest to provide you with high-quality support.
To communicate with you, such as to notify you about changes to WOMBO Applications or any products or services we offer or provide through WOMBO Applications, including by sending you technical notices, notices about your account/subscription, including expiration and renewal notices, updates, security alerts and support and administrative messages, which we may send through an in-app or a push notification (you may opt-out of push notifications by changing the settings on your mobile device).
To conduct research, analytics and monitor performance and other metrics regarding WOMBO Applications and your Use of WOMBO Applications. This may include data regarding the total number of users of our apps, traffic, and demographic patterns related to the use of our apps.
To improve, test, and monitor the effectiveness of WOMBO Applications. It is our legitimate interest to conduct such analyses to understand our product and business metrics.
To provide personalized content and information to you in relation to WOMBO Applications and so that we, and third parties on which we rely, can advertise to you.
To send marketing and promotional communications to you, such as via email, push notification or in-app messaging either with your consent or as otherwise permitted by law.
In any other way as we may describe when you provide the information or otherwise at your direction or with your consent.
As permitted or required by law, including for auditing, fraud and security monitoring purposes.
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6. TO WHOM WE DISCLOSE PERSONAL DATA

We may disclose your Personal Data and other collected information to third-party organizations for the following purposes:

To facilitate our Service
To provide the Service on our behalf
To perform Service-related services
To assist us in analyzing how our Service is used

Such service providers may include:

fal.ai (USA), which we use to store your Personal Data, photos, and Image Data when you create Characters
Cloud provider Amazon Web Services (USA), which we use to store your Personal Data, photos, and image data
Email delivery providers
Analytics providers
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7. COOKIES, SOFTWARE DEVELOPMENT KITS, AND OTHER TRACKING TECHNOLOGIES

When you Use WOMBO Applications, we and our service providers, vendors, and partners, including third parties, may use cookies (a small text file placed on your computer or mobile device to identify your computer and web browser) and other similar technologies to collect or receive certain information about you and/or your Use of WOMBO Applications. We also use third-party analytics tools like Google Firebase, Tenjin, and OneSignal to help us measure traffic and usage trends for WOMBO Applications and for other purposes.

While WOMBO Applications do not use cookies explicitly, third-party code and libraries may use cookies to collect information and improve their services. You have the option to either accept or refuse these cookies and know when a cookie is being sent to your device. If you choose to refuse cookies, you may not be able to use some portions of our Services.
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8. YOUR RIGHTS IN RELATION TO YOUR PERSONAL DATA

Access, modification, correction and erasure. You can send us an email at support@wombo.ai to request access to, modification, correction, update, erasure or portability of any Personal Data that you have provided to us and that we have about you. You can also request deletion of your account inside the apps, both for iOS and Android users. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

EEA/UK individuals

Individuals in the European Economic Area ("EEA") and the United Kingdom ("UK") have certain statutory rights in relation to their Personal Data including under the General Data Protection Regulation (Regulation (EU) 2016/679) ("EEA GDPR") and the UK version of the EEA GDPR ("UK GDPR") (collectively, the "GDPR"), including the rights specified below. You can exercise these rights by contacting us. We will do our best to accommodate your request or objection but please note that not all rights are absolute.

Access to your Personal Data: You have a right to request information about whether we have any Personal Data about you, and to receive a copy of such Personal Data.
Rectification of your Personal Data: You are responsible for ensuring the accuracy of your Personal Data that you provide to us. Inaccurate information may affect your experience when Using WOMBO Applications' features and our ability to contact you as described in this Privacy Policy.
Restriction of processing: You also have the right to demand restriction of processing of your Personal Data, for example, if you contest the accuracy of the Personal Data which inaccuracy is verified by us.
Erasure of your Personal Data: In certain circumstances, you may ask us to erase your Personal Data. Please be aware that erasing some Personal Data may affect your ability to Use WOMBO Applications.
Right to portability of your Personal Data: In certain circumstances, you have the right to request us to receive any Personal Data you provided us in a structured, commonly used and machine-readable format.
Right to object to processing: Where we are processing your Personal Data based on our legitimate interest, you may object to the processing or otherwise using your Personal Data.
Right to withdraw your consent: 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.
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9. YOUR CHOICES ABOUT OUR COMMUNICATIONS WITH YOU

If you are using WOMBO Applications you may receive electronic communications from us (e.g., by posting in-app notices in WOMBO Applications, push notifications or emails). We send some of these communications to you, such as those related to your subscriptions, technical and security notices and updates to the Privacy Policy and Terms of Use, where necessary to perform our contract with you to provide WOMBO Applications or otherwise based on our legitimate interest in contacting you.

If required by law, we will ask for your consent to send you in-app communications and push notifications about new products, features or offers from WOMBO Applications and its affiliates.

Push Notifications. If you wish to opt-out of push notifications, you can do so through your mobile device settings by tapping "Settings" -> "Notifications" -> Choose WOMBO Dream or WOMBO Meme -> press the toggle to allow or forbid push notifications from the apps.
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10. DATA SECURITY

We use reasonable and appropriate information security safeguards to help keep your Personal Data secure and protect it from accidental loss and unauthorized access, use, alteration and disclosure. WOMBO processes your data using computers and/or other IT enabled tools, implementing appropriate technical and organizational measures to ensure information security.

These measures include:

Training our personnel to process your data securely according to our internal data protection policies
Using verified contractors with whom we have signed relevant data processing agreements
Implementing technical safeguards for data protection
Regular security assessments and updates

Unfortunately, the transmission of information via the internet is not completely secure. Although we take measures to protect your Personal Data, we cannot guarantee the security of the collected information transmitted to or through WOMBO Applications or an absolute guarantee that such information may not be accessed, disclosed, altered, or destroyed. Any transmission of your Personal Data is at your own risk.
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11. DATA RETENTION

Other than as set forth in Section 3: How We Process, Share and Retain Your Photos, Videos and Image Data, we generally retain your Personal Data until you delete your account. If you delete your account, we will generally delete your account within 4 hours. Please note that generated Characters cannot be deleted, even if you delete your account.

To make a request to delete your account, please contact us at support@wombo.ai or proceed through WOMBO Applications settings.
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12. CROSS-BORDER DATA TRANSFERS

We and certain of our service providers are incorporated in the United States. Accordingly, your Personal Data may be transferred to and stored in the United States.

Where required under the EEA GDPR, in case of transfers of personal data from the EEA to countries outside the EEA, where we cannot rely on adequacy decisions adopted by the European Commission we ensure appropriate safeguards are in place to guarantee the continued protection of your personal data, particularly by signing the Standard Contractual Clauses of the European Commission (article 46(2)(c) GDPR).

Where required under the UK GDPR, in case of transfers of personal data to countries outside the United Kingdom, we ensure appropriate safeguards are in place to guarantee the continued protection of your personal data, particularly by signing the UK Addendum to the EU Standard Contractual Clauses or the UK International Data Transfer Agreement, whichever is more appropriate in the given situation.

For further information please contact support@wombo.ai.
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13. THIRD-PARTY WEBSITES AND SERVICES

We are not responsible for the practices employed by any websites or services linked to or from WOMBO Applications, including the information or content contained within them. Where we have a link to a website or service, linked to or from WOMBO Applications, we encourage you to read the privacy policy stated on that website or service before providing information on or through it.

These external platforms, websites and online services follow different rules regarding the collection, use and sharing of your personal information. WOMBO does not control third party platforms, websites or online services, and WOMBO is not responsible for their actions. We encourage you to read the privacy policies of these platforms, websites and online services to find out more about how your usage data may be used by these vendors.

14. CHANGES TO OUR PRIVACY POLICY

The date this Privacy Policy was last revised is indicated at the top of the page. We may modify or update this Privacy Policy from time to time. Some changes do not require your consent. However, if we determine that the changes may pose risk to your rights and freedoms, we will ask for your consent to those changes separately from this Privacy Policy.

We will notify you of any changes by posting the new Privacy Policy on this page and, where appropriate, sending you a notification about the changes. Your continued use of WOMBO Applications after we post any modifications to the Privacy Policy will constitute your acknowledgment of the modifications and your consent to abide and be bound by the modified Privacy Policy.

You may provide Personal Data to us directly, or to service providers that act on our behalf, when you Use WOMBO Applications. The Personal Data you provide depends on which features of WOMBO Applications you Use and how you interact with the apps.