Privacy Policy

Effective Date: September 1, 2025 |Last Updated: September 1, 2025

1. Information We Collect

1.1 Information You Provide

Account Information:

Name and email address
Username and password
Billing address for payment processing
Communication preferences

Payment Information: Credit/debit card information (processed and stored by Stripe and LemonSqueezy), billing history and transaction records.

Photos and Content: Images and videos you upload for processing, any metadata or descriptions you provide, and AI-generated metadata (descriptions, titles, tags, keywords).

Communications: Messages you send to our support team and feedback and survey responses.

1.2 Information We Collect Automatically

Usage Data: How you use our service (features accessed, processing history) and technical information (IP address, browser type, device information).

Analytics: Aggregated usage patterns to improve our algorithms and error logs and diagnostic information.

1.3 Information We Don't Collect

We Don't Collect:

Sensitive personal information (health, financial details beyond payment processing)
Information from third parties or social media (unless you use social login)
Your browsing activity outside our service

2. How We Use Your Information

2.1 Primary Service Functions

Photo Processing: Analyze your uploaded images to generate metadata
Account Management: Create and maintain your user account
Service Delivery: Provide download access to your processed photos
Payment Processing: Handle billing and subscription management
Customer Support: Respond to your inquiries and resolve issues

2.2 Service Improvement

Algorithm Enhancement: Use your photos and generated metadata to improve our AI's accuracy for metadata generation (NOT for image generation)

Quality Assurance: Monitor processing quality and identify areas for improvement
Feature Development: Understand how users interact with our service to develop new features

2.3 What We Don't Do

We Never:

Sell or rent your personal information
Use your photos for advertising or marketing
Train image generation models with your photos
Share your photos with third parties (except as required by law)

3. Legal Basis for Processing

For EU/UK Users (GDPR Compliance):

Contract Performance: Processing necessary to provide our photo processing service
Legitimate Interests: Improving our service quality and security
Consent: Where you've explicitly agreed (e.g., marketing communications)
Legal Compliance: Meeting legal obligations (e.g., financial records)

For Other Users:

We process your information based on your consent and our legitimate business interests in providing and improving our service.

4.1 Service Providers

We share limited information with trusted third parties who help us operate our service:

Payment Processors: Stripe and LemonSqueezy handle payment processing
Privacy Policies: Stripe | LemonSqueezy

Cloud Infrastructure: Secure hosting and data storage providers
Analytics Tools: Aggregated usage analytics (no personal identification)
Customer Support: Tools to help us respond to your inquiries

4.2 Legal Requirements

We may disclose information when required by law:

Court orders, subpoenas, or legal process
Protection of our rights, users, or public safety
Investigation of fraud or security incidents

4.3 What We Never Share

Never Shared:

Your photos or generated metadata with other users or companies
Personal information for marketing purposes
Data with third parties for their own use (except service providers under contract)

5. Photo Processing and AI

5.1 How We Process Your Photos

Upload: You upload photos to our secure servers
Analysis: Our AI analyzes images to generate descriptions, titles, and tags
Metadata Integration: We embed the generated metadata into your photos
Storage: Photos with metadata are stored based on your pricing tier
Download: You can download your processed photos with embedded metadata

5.2 AI Training and Improvement

Metadata Algorithms: We may use your photos and associated metadata to improve our description and tagging accuracy
No Image Generation: We never use your photos to train models that create or generate new images
Quality Focus: All AI improvements focus on better understanding and describing existing images

5.3 Photo Storage and Access

Photos are stored securely with encryption
Only you can access your photos and metadata
Storage duration depends on your pricing tier
You can delete your photos at any time through your account

6. Data Retention

6.1 Active Accounts

Photos: Stored according to your pricing tier features
Account Data: Maintained while your account is active
Generated Metadata: Stored with your photos for download

6.2 Account Termination

Upon Account Closure:

Account Information: Deleted within 3 months of account closure
Photos and Metadata: Deleted immediately upon account termination (unless you've downloaded them)
Legal Requirements: Some data may be retained longer for legal compliance (e.g., financial records)

7. Data Security

7.1 Technical Safeguards

Encryption: All data encrypted in transit and at rest
Access Controls: Strict employee access controls and authentication
Infrastructure: Secure cloud hosting with industry-standard protections
Monitoring: 24/7 security monitoring and incident response

7.2 Incident Response

If a data breach occurs, we will:

Investigate and contain the incident immediately
Notify affected users within 72 hours
Report to relevant authorities as required by law
Take steps to prevent future incidents

8. International Data Transfers

Server Locations: Our servers are located in the United States and Ireland
EU/UK Protections: For European users, we use Standard Contractual Clauses (SCCs) and ensure adequate protection levels
Safeguards: All international transfers include appropriate security measures and contractual protections

9. Your Privacy Rights

9.1 Universal Rights

Access: Request a copy of your personal information
Correction: Update or correct inaccurate information
Deletion: Request deletion of your personal information
Portability: Export your data in a standard format

9.2 EU/UK Residents (GDPR Rights)

Additional Rights:

Object to Processing: Object to processing based on legitimate interests
Restrict Processing: Request limitation of processing activities
Withdraw Consent: Withdraw consent where processing is based on consent
Automated Decision-Making: Object to solely automated decision-making
Supervisory Authority: File complaints with your data protection authority

9.3 US State Privacy Rights

California (CCPA/CPRA), Virginia (CDPA), Colorado (CPA), and other state residents have rights including:

Know what personal information is collected
Request deletion of personal information
Opt-out of sale/sharing of personal information (we don't sell data)
Non-discrimination for exercising privacy rights

9.4 How to Exercise Your Rights

Email: [email protected]

Subject Line: "Privacy Rights Request"

Include: Your account email and specific request details

We'll respond within 30 days and may need to verify your identity for security.

10. Cookies and Tracking

10.1 Cookies We Use

Essential Cookies: Required for basic site functionality and security
Analytics Cookies: Help us understand how users interact with our service
Preference Cookies: Remember your settings and preferences

10.2 Third-Party Services

We use limited third-party analytics tools that may set cookies. You can control cookies through your browser settings.

11. Children's Privacy

Under 18 Policy: We don't knowingly collect information from children under 18. If you're under 18, you need parental consent to use our service. If we discover we've collected information from a child under 18 without proper consent, we'll delete it immediately.

Parents can contact us at [email protected] to review, update, or delete their child's information.

12. Changes to This Policy

We may update this privacy policy to reflect changes in our practices or legal requirements. We'll notify you of material changes by:

Email notification to your account
Prominent notice on our website
Updated "Last Modified" date at the top of this policy

Continued use of our service after changes indicates acceptance of the updated policy.

13. Contact Information

For Privacy Questions:

Electric Chipmunks Ltd
Email: [email protected]
Address: F3, 86-90 Paul Street, London, EC2A 4NE, UK

Data Protection Officer:
Email: [email protected]

Company Information:
Electric Chipmunks Ltd
Registered in England and Wales
Company Registration Number: 15714594
Registered Office: F3, 86-90 Paul Street, London, EC2A 4NE, UK

This privacy policy was prepared based on current legal requirements and industry best practices as of September 1, 2025. Regular review ensures continued compliance with evolving privacy regulations.