Privacy Policy

Effective date: December 22, 2022

Here are some important definitions to help you understand our terms and this Privacy Policy:

Big Brain, LLC is referred to as “Company,” “we”, “us”, and “our.”
Our mobile application PetPainter Photo Editor is referred to as “PetPainter” or “application”
Users are referred to as “users”, “you” or “your”, as applicable.
Your use of the applications (including downloading, installing, registering with, accessing, or otherwise using it) is referred to as “Use”.
To the extent information is: (i) associated with an identified or identifiable natural person and (ii) protected as personal data under applicable data protection laws, such information is referred to in this Privacy Policy as “Personal Data”.

A small note on how PetPainter works.

PetPainter uses a Neural Network Model Stable Diffusion that allows users to generate personalized Pet Paintings (“Paintings”).

Users upload 10 to 20 photos.
Using these data, a copy of the Stable Diffusion model is retrained to personalize the model
After the model copy is retrained, it generates the Paintings

We do our best to moderate the parameters of the Stable Diffusion model, however, it is still possible that you may encounter content that you may see as inappropriate for you.

We also encourage you to get acquainted with our Terms of Use to understand how we provide services to you.

We respect your privacy and are committed to protecting it through our compliance with this Privacy Policy. This Privacy Policy explains what we do with your Personal Data (as defined below) and allows you to manage your Personal Data effectively.

Please read this Privacy Policy carefully to understand our privacy practices. The purpose of our Privacy Policy is to explain what data we collect, how it is used and shared, and how you can control it. If you do not want us to process your Personal Data as it is described in this Privacy Policy, please do not Use PetPainter.

By Using PetPainter, you understand and agree that we are providing you with tools for editing and adjusting photos and videos that you upload, and, if you so request, for generating or creating new content from them, for example with PetPainter.

If you have any questions about this Privacy Policy or PetPainter, please contact us at privacy@petpainter.ai (for additional contact information, please, see Section 13 of this Privacy Policy “How to Contact Us”).

This Privacy Policy DOES NOT apply to the information that:

We collect offline or on any of our other apps or websites, including websites you may access through PetPainter.
You provide to or that is collected by any third party (e.g., any third-party application or website, even if the link to it is accessible through PetPainter).

1. INFORMATION WE COLLECT AND HOW WE COLLECT IT

We may collect several types of information, including but not limited to Personal Data, from and about you:

Directly from you when you provide it to us.
Automatically when you Use PetPainter. Information collected automatically may include Usage details and internet protocol (“IP”) addresses.
From third parties, for example, our Service Providers (as defined below).

2. INFORMATION YOU PROVIDE TO US DIRECTLY

When you Use PetPainter, you usually provide to us certain information, including your Personal Data:

Photos and (or) videos that you upload to PetPainter, for example to use PetPainter. Please note that we always delete all metadata that may be associated with your photos and (or) videos by default (including, for example, geotags) before temporarily storing them to our systems.

Some editing features may use TrueDepth API (developed by Apple) technologies that provide information about facial position, orientation, and topology. Such information is used only on-device and is never stored on our servers. For more information about TrueDepth API processing of your photos and videos, you may visit the following link.

We can access your photos and videos only after you grant us permission to access your camera or your devices’ photo library. You provide such a permission through the request that appears on your mobile device (it may differ depending on your device operating system). You may revoke permission to access your camera or photo library through the settings on your mobile device, and here’s how to do it.

If you use an iOS device:
On your iPhone or iPad open the Settings app.
Scroll down and tap “Privacy”.
Tap “Camera” or “Photos”.
Next to PetPainter, toggle the permissions switching on or off.

If you use an Android device:

On your device open the Settings app.
Tap “Apps”.
Tap “PetPainter”. If you can’t find it, tap “See all apps”. Then, choose PetPainter.
Tap “Permissions”.
To change a permission setting, tap it, then choose “Allow” or “Don’t allow”.
Your email: When you create an account with PetPainter, we ask you to provide your email that will be further used for your sign-in process.
If you contact us, records, 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 online or offline), in order to investigate your concerns, respond to your inquiries and to monitor and improve our responses to your and other users’ inquiries in relation to PetPainter.

3. INFORMATION WE COLLECT AUTOMATICALLY

When you Use PetPainter, we may automatically collect certain data about you. This data is needed for the operation of PetPainter and, among others, may be used for in-app analytics or marketing purposes. The data we collect automatically includes:

Device information: Information about your mobile device and internet connection, including your IP address, the device’s unique device identifier, operating system, and mobile network information.
Usage details: Details of your Use of PetPainter, including frequency of Use, areas and features of the application that you access and engagement with particular features. This information is used for in-app event analytics and, upon your consent, for marketing purposes.
(If you have provided your consent) IDFA or Android Advertising ID, whichever is applicable to your device. If you want to disable the collection of IDFA and/or Android Advertising ID by PetPainter, please follow the instructions below.

If you use an iOS device:

Go to Privacy settings to see a list of apps that request to track your activity. On iPhone or iPad, go to Settings > Privacy > Tracking.
Tap to turn off or turn on permission to track for PetPainter.

If you use an Android device:

Open Settings app
Navigate to “Privacy” > “Ads”
Tap “Delete Advertising ID”
Tap it again on the next page to confirm.

Details about your in-app purchases. This data is used to provide you with the Services and for our in-app analytics.

Such automatically collected data helps us operate PetPainter and improve it to deliver better service, including but not limited to enabling us to estimate our audience size, and understand how you use PetPainter and what you like and dislike the most.

The technologies we use for automatic data collection may include:

We use third-party analytics tools, such as Google Firebase, Meta, AppsFlyer and Amplitude, to help us measure traffic and usage trends for PetPainter. These tools collect information via third-party analytics software development kits incorporated into PetPainter, which includes your pseudonymised user ID and the information about PetPainter web pages you visit when following the links available to you on PetPainter, your actions in PetPainter application and basic information about the type of subscription you have. We collect and use this analytics information in an aggregated manner with analytics information from other ssers so that it cannot reasonably be used to identify any particular user. For information on how third party analytics tools collect and process your data and to opt out of such collection and processing, generated by your Use of PetPainter, please contact us at privacy@petpainter.ai.

4. HOW WE PROCESS YOUR PHOTOS AND VIDEOS

We care about your privacy. With this in mind, most processing activities occur on your device only. There are, however, exceptions to it: when you generate Pet Paintings, since these functions require sophisticated computing resources to be performed.

Pet Paintings. In order to generate Pet Paintings, you have to upload 10-20 photos to PetPainter. At this point, your photos are stored on our servers (provided by Amazon Web Services (USA)). Then, a copy of the Stable Diffusion model is created to be retrained with your photos to personalize the model and to create your Paintings.

You can also always request us to delete your photos or Paintings by contacting us at privacy@petpainter.ai.

Notwithstanding anything to the contrary elsewhere in this Privacy Policy:

We do not use photos, videos or Paintings to identify any individual user.
We do not use your photos, videos or Paintings for authentication, advertising, or marketing purposes, or to otherwise target a user in a similar manner.
We do not use your photos, videos or Paintings to build a user profile, or otherwise attempt, facilitate, or encourage third parties to identify anonymous users or reconstruct user profiles based on your photos, videos or Paintings.
We do not transfer, share, sell, or otherwise provide your photos, videos or Paintings to advertising platforms, analytics providers, data brokers, information resellers or other such parties.

5. THE PURPOSES AND OUR LEGAL BASES FOR PROCESSING YOUR PERSONAL DATA

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

To carry out our obligations and enforce our rights arising from any contracts entered into between you and us in relation to PetPainter (e.g., the Terms of Use).
To provide you with support and to respond to your inquiries. If you share your Personal Data (including your name and contact information) to ask a question about PetPainter, we will use that Personal Data to investigate your concerns, respond to your inquiries and to monitor and improve our responses to your and other users inquiries in relation to PetPainter. It is our legitimate interest to provide you with high-quality support.
To notify you about changes to PetPainter or any products or services we offer or provide through PetPainter, 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). It is our legitimate interest to keep you updated on your use of PetPainter.
To present to you and others with PetPainter and its contents and any other information, products or services that you request from us. We do so to provide you with the services according to our contractual obligation.
To monitor aggregated metrics such as total number of users, traffic, and demographic patterns (including via Service Providers as specified in Section 7). It is our legitimate interest to make aggregated analytics of our audience as it helps us understand our business metrics and improve our product.
To provide, improve, test, and monitor the effectiveness of PetPainter in an aggregated manner. It is our legitimate interest to make analytics of our audience as it helps us understand our product and business metrics.
To provide personalized content and information to you in relation to PetPainter, which could include online ads or other forms of marketing (including via email). We do so upon your explicit consent.
Upon users’ consent, for marketing purposes in order to find audiences similar to our users. For this processing we share, among others, users’ Use details, device information, and in-app purchase details with our third-party advertising partners.
In any other way, as described in this Privacy Policy.

We will not process your Personal Data in a way that is incompatible with the purposes for which it has been collected or authorized by you in accordance with this Section 5 or collect any Personal Data that is not required for the mentioned purposes (“purpose limitation principle”).

For any new purpose of processing that is not compatible with any of the purposes mentioned above, we will ask for your separate explicit consent.

To the extent necessary for any of the processing purposes, we take all reasonable steps to ensure that your Personal Data is reliable for its intended use, accurate, complete and current. We also undertake to collect only such amount and types of your Personal Data that are strictly required for the purposes mentioned in this Section 5 (“data minimization principle”).

6. YOUR RIGHTS

Access, modification, correction and erasure. You can send us an email at privacy@petpainter.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 app, 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 residents. Individuals residing 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 Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2020 (SI 2020/1586), as may be amended from time to time (“UK GDPR“) (collectively, the “GDPR“), including the rights specified below. You can exercise these rights by contacting us (for contact information, please, see How to Contact Us Section).

Access to your Personal Data: You have a right to request information about whether we have any Personal Data about you, to access your Personal Data (including in a structured and portable form) that you have provided to us, when Using PetPainter and that we have about you. You can do this by contacting us.
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 PetPainter features and our ability to contact you as described in this Privacy Policy. If you believe that your Personal Data is incomplete or inaccurate, you have a right to contact us and ask us to correct such Personal Data.
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: If you believe that your Personal Data is no longer necessary in relation to the purposes for which it was collected or otherwise processed, or in cases where you have withdrawn your consent, or object to the processing of your Personal Data, or where the processing of your Personal Data does not otherwise comply with the GDPR, or if your Personal Data have to be erased for compliance with a legal obligation under EU or EU member state law, you have the right to contact us and ask us to erase such Personal Data. Please be aware that erasing some Personal Data may affect your ability to Use PetPainter.
Right to portability of your Personal Data: If we process your Personal Data on the basis of your consent, or if this is necessary for the performance of our contract, you have the right to request us to receive any Pesonal Data you provided us in a structured, commonly used and machine-readable format. You may further ask us to give that Personal Data to another party.
Right to object processing or otherwise using your Personal Data: Where we are processing your Personal Data based on our legitimate interest, you may object to the processing or otherwise using your Personal Data. You can do this by contacting us. Please be aware that our inability to process or otherwise use some of your Personal Data may affect your ability to Use PetPainter. If you have opted in to receiving marketing communications, you have the right to opt out of those at ay time.
Right to withdraw your consent at any time: 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. The withdrawal of your consent does not affect the lawfulness of the processing based on your consent before its withdrawal.
Right to lodge a complaint with a supervisory authority: Subject to the GDPR, you have the right to lodge a complaint with a local data protection authority in the country of your residence, where you work or where an alleged infringement of the applicable data protection law took place. Please see a list of EU member states’ supervisory authority here, and the UK’s supervisory authority (ICO) here.

Residents of California, Virginia, Colorado, Utah, and Connecticut may have statutory rights under state comprehensive privacy law including the rights specified below. You can exercise these rights by contacting us (for contact information, please, see How to Contact Us Section).

Right to request the categories of Personal Information collected about you. PetPainter will provide, where relevant and required by law, the types of data we collect.
Right to request the categories of sources from which your Personal Information is collected. PetPainter will provide, where relevant and required by law, the types of tools and organizations we use to collect data.
Right to request the business or commercial purpose for collecting your Personal Information. PetPainter will provide, where relevant and required by law, the purposes to collect data.
Right to request the categories of third parties to whom Personal Information is disclosed, and the categories of Personal Information disclosed. PetPainter will provide, where relevant and required by law, information regarding the other organizations that may receive your Personal Information.
Right to request the specific pieces of Personal Information collected about you. PetPainter will provide, where relevant and required by law, your Personal Information.
Right to request that Personal Information collected about you be deleted. We may keep Personal Information for legal reasons but will accommodate deletion requests when required. Please be aware that erasing some Personal Data may affect your ability to Use PetPainter.
Request that your inaccurate Personal Information be corrected. If you believe your Personal Information is not correct you may provide Personal Information to replace the erroneous data.
Request that PetPainter does not sell or share your Personal Information. Each state may interpret a “sale” of Personal Information differently, however, if you are a resident of the states above or Nevada and request that your Personal Information not be sold PetPainter will honor that request. Individuals in California may request their information not be shared with any third party.

Please keep in mind that in case of a vague request to exercise any of the aforementioned right we may engage with you in a dialogue to ask for more details if so needed to complete your request. In case this is impossible, we reserve the right to refuse granting your request.

Following the provisions of the applicable law, we might also ask you to prove your identity (for example, by requesting your user or some other proof of your identity) in order for you to invoke the mentioned rights. This is made to ensure that no right of third parties is violated by your request, and the mentioned rights are exercised by an actual Personal Data subject or an authorized person.

Please note that we will process your request within 1 month after receiving it. We may extend this period by two months where necessary, taking into account the complexity and number of the requests. If we extend the response period, we will let you know within one month from your request. We will not discriminate against you for exercising your rights under the law.

Opting Out of Promotional Emails

IF REQUIRED BY LAW, WE WILL ASK FOR YOUR CONSENT TO SEND YOU PROMOTIONAL AND MARKETING EMAILS. IF YOU WISH TO OPT-OUT OF OUR PROMOTIONAL AND MARKETING EMAILS, YOU CAN OPT-OUT FROM OUR PROMOTIONAL AND MARKETING EMAIL LIST BY USING ANY OF THE FOLLOWING METHODS:

by following the opt-out links in any marketing email sent to you; or through PetPainter settings on your mobile device; or
by contacting us at any time using the contact details in How to Contact Us Section.

7. SHARING OF COLLECTED INFORMATION

We do not rent or sell your Personal Data, including photos and videos, to any third parties outside the Company or its Affiliates (as defined below).

Parties with whom we may share your Personal Data.

We may share your Personal Data, and other collected information with third-party organizations such as contractors and service providers that we use to support our business and who are bound by confidentiality and data protection terms (consistent with this Privacy Policy) to keep your Personal Data confidential and use it only based on our instructions (“Service Providers”).

Such Service Providers include:

cloud providers Google Cloud Platform and Amazon Web Services, which we use when you choose to upload your photos or videos to PetPainter,
third-party analytics, as specified in this Privacy Policy,
email delivery services, and
Third-party advertising partners (for information on how third-party advertising partners collect and process your data and to opt out of such collection and processing, please contact us at privacy@petpainter.ai). Upon your consent, we send some of your Personal Data (e.g., your device information and details about your in-app purchases) for marketing and promotional purposes to our advertising partners (e.g., AppsFlyer, Meta). By these means, we are able to reach you and people like you on various platforms.

For the avoidance of doubt, we do not share or transfer your photos, videos and Paintings to third parties (except temporarily storing your photos, videos and Paintings to our cloud providers Google Cloud Platform and Amazon Web Services to provide online processing function, and thereafter deleting such photos, videos and Paintings as described in this Privacy Policy). We use only secure places of storage, such as Google Cloud Platform and Amazon Web Services. Google LLC and Amazon Web Services, Inc. are located in the United States of America.

What happens in the event of a change of control. If we sell or otherwise transfer part or the whole of the Company or our assets to another organization (e.g., in the course of a transaction like a merger, divestiture, restructuring, reorganization, acquisition, bankruptcy, dissolution, liquidation), your Personal Data and any other collected information may be among the items sold or transferred.

Responding to legal requests and preventing harm. We may access, preserve and share your information in response to a legal (like a search warrant, court order or subpoena), government or regulatory request if we have a good faith belief that the law requires us to do so. This may include responding to legal, government or regulatory requests from jurisdictions where we have a good faith belief that the response is required by law in that jurisdiction, affects users in that jurisdiction, and is consistent with internationally recognized standards. We may also access, preserve and share information when we have a good faith belief it is necessary to: (i) detect, prevent and address fraud and other illegal activity; (ii) protect ourselves, you and others, including as part of investigations; and (iii) prevent death or imminent bodily harm. Information we receive about you may be accessed, processed and retained for an extended period of time when it is the subject of a legal request or obligation, governmental investigation, or investigations concerning possible violations of our terms or policies, or otherwise to prevent harm.

8. DATA SECURITY

We use reasonable and appropriate information security safeguards to help keep the collected information secure and to secure it from accidental loss and unauthorized access, use, alteration and disclosure. Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your collected information, we cannot guarantee the security of the collected information transmitted to or through PetPainter or an absolute guarantee that such information may not be accessed, disclosed, altered, or destroyed. Any transmission of your collected information is at your own risk. We are not responsible for the circumvention of security measures contained in PetPainter. Please understand that there is no ideal technology or measure to maintain 100% security. Among others, we utilize the following information security measures:

Encryption of your Personal Data in transit and in rest.
All collected information is stored on our secure servers behind firewalls.
Organizational and legal measures. For example, our employees and employees of our subsidiaries have different levels of access to your Personal Data and only those in charge of data management get access to your Personal Data and only for limited purposes required for the operation of PetPainter. We impose strict liability on such employees for any disclosures, unauthorized accesses, alterations, destructions and misuse of your Personal Data.
Conducting periodical data protection impact assessments in order to ensure that the Company fully adheres to the principles of “privacy by design”, “privacy by default” and others. We also commit to undertake a privacy audit in case of the Company's merger or takeover.

The safety and security of your information also depend on you. Your privacy settings may also be affected by changes to the social media services, through which you may share your photos and videos. We are not responsible for the functionality, privacy, or security measures of any other organization.

Security breaches: If we learn of a security systems breach, we may either post a notice, or attempt to notify you by email (if it was provided) and will take reasonable steps to remedy the breach as specified in applicable law and this Privacy Policy. If we learn of a potential Personal Data breach, together with other actions referred to in the Privacy Policy, we will also undertake particular actions to remedy the breach as appropriate under the circumstances, which may include, logging you out from all the devices, resetting a password (sending a temporary password for you to apply) and performing other reasonably necessary activities and actions.

If you want to report a security incident related to PetPainter, please contact us at privacy@petpainter.ai.

Contacting us: You can provide your feedback or report a technical issue by using the ”Send Feedback“ button in PetPainter settings. The email will be sent from your email to feedback@petpainter.ai, and the message may contain the following diagnostics information that will help us to resolve your issue/address your request:

Phone model
Device OS and version
App version
User device ID
Language
Remaining space

This information is used to assess your feedback and/or identify the problem if you are reporting one and is NOT USED to identify users individually.

Contacting you: If you are using PetPainter you may receive electronic communications from us (e.g., by posting in-app notices in PetPainter, push notifications or emails). These communications may include notices about PetPainter or its in-app subscriptions: e.g., changes/updates to features of PetPainter and their scope, prices of in-app subscriptions, technical and security notices, as well as updates to this Privacy Policy and PetPainter Terms of Use. Upon your consent, we will also share with you our marketing materials about new products, features or offers from PetPainter and its affiliates.

9. DATA RETENTION

Your Personal Data, other than photos, videos and Paintings. Normally, the retention term would be the term of your account existence. It means that we will retain your Personal Data, other than your photos, videos or Paintings, until you delete your account or request us to delete your data (by contacting us at privacy@petpainter.ai). Please note that deletion of PetPainter application does not imply the deletion of your account and your data!

We may retain your Personal data in connection with your privacy-related requests and communications with us, if any, as necessary to comply with our legal obligations, to resolve disputes, and to enforce our agreements. Even if we delete some or all of your Personal Data, we may continue to retain and use anonymized data previously collected that can no longer be used for personal identification.

10. CROSS-BORDER TRANSFERS

The Company is incorporated in the United States. Accordingly, your Personal Data may be transferred to and stored in the United States or in other countries.

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 (for more information, please see here) 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). For more information on these Standard Contractual Clauses, please see here.

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 more information on UK Addendum and the UK International Data Transfer Agreement please see here. We may also guarantee the protection of your personal data by relying on adequacy decisions adopted or approved by the authorities in the United Kingdom.

As to the location of our servers, we use AWS servers located in the USA for PetPainter operation, while our analytics operations are processed both on the servers provided by AWS (located in the USA) and by Google LLC (located in the Republic of Ireland).

For further information please contact privacy@petpainter.ai

11. CHILDREN

General age limitation. PetPainter is not intended for or directed at children under 13, and we do not knowingly collect or solicit any information from anyone under the age of 13 or knowingly allow such persons to Use PetPainter. If you are under 13, do not: (i) Use or provide any information in PetPainter or through any of its features, or (ii) provide any information about yourself to us, including your name, address, telephone number or email address. In the event that we learn that we have collected or received any Personal Data from a child under 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe we might have any information from or about a child under 13, please contact us (for contact information, please, see How to Contact Us Section).

Age limitation for EEA residents. Due to requirements of the GDPR, you shall be at least 16 years old in order to Use PetPainter. To the extent prohibited by applicable law, we do not allow Use of PetPainter by the EEA residents younger than 16 years old. If you are aware of anyone younger than 16 Using PetPainter, please contact us (for contact information, please, see “How to Contact Us” Section), and we will take the required steps to delete the information provided by such persons.

12. OTHER WEBSITES AND SERVICES

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

13. HOW TO CONTACT US, EEA/UK REPRESENTATIVE, AND DATA PROTECTION OFFICER

General contact details. If you have any questions about this Privacy Policy or PetPainter, please contact us via email at privacy@petpainter.ai or our mailing address:

Big Brain, LLC

7303 14th Ave NW, Seattle, WA 98117

Appointed EEA/UK representative. If you are a resident of the EEA or the UK and you have any questions about this Privacy Policy or PetPainter, please contact us via email at privacy@petpainter.ai or at our EEA/UK representative mailing address:

DPOEU LTD

Office 902 Oval Krinou 3 Agios Athanasios 4103 Limassol, Cyprus

Email: info@dpoeu.eu

Data protection officer. If you are a resident of the EEA or the UK and you wish to exercise your rights under Section 6, or you have any questions about this Privacy Policy or PetPainter, you can contact our data protection officer via email at privacy@petpainter.ai.

14. CHANGES TO OUR PRIVACY POLICY

The date this Privacy Policy was last revised is indicated at the top of the page. The Company may modify or update this Privacy Policy from time to time. Some changes do not require your consent: for example, when we add a new purpose of processing that is compatible with the existing purposes, or the new processing activity that falls under the users’ reasonable expectation. However, if the changes made may pose risk to your rights and freedoms (e.g., by including a new purpose of the processing that is not compatible with the existing purposes of processing, a new legal basis, a new category of personal data to be collected or a new data subject, all of which are not reasonably expected by the users, we will ask for your consent to those changes separately from this Policy. If you did not receive a request for your consent to the changes or refused to give consent, those changes will not apply to you. That fact can negatively affect some of PetPainter services provided to you in case those services inevitably include consent to the changes.

Privacy Policy

Effective date: December 22, 2022

Here are some important definitions to help you understand our terms and this Privacy Policy:

Big Brain, LLC is referred to as “Company,” “we”, “us”, and “our.”
Our mobile application PetPainter Photo Editor is referred to as “PetPainter” or “application”
Users are referred to as “users”, “you” or “your”, as applicable.
Your use of the applications (including downloading, installing, registering with, accessing, or otherwise using it) is referred to as “Use”.
To the extent information is: (i) associated with an identified or identifiable natural person and (ii) protected as personal data under applicable data protection laws, such information is referred to in this Privacy Policy as “Personal Data”.

A small note on how PetPainter works.

PetPainter uses a Neural Network Model Stable Diffusion that allows users to generate personalized Pet Paintings (“Paintings”).

Users upload 10 to 20 photos.
Using these data, a copy of the Stable Diffusion model is retrained to personalize the model
After the model copy is retrained, it generates the Paintings

We do our best to moderate the parameters of the Stable Diffusion model, however, it is still possible that you may encounter content that you may see as inappropriate for you.

We also encourage you to get acquainted with our Terms of Use to understand how we provide services to you.

This Privacy Policy DOES NOT apply to the information that:

We collect offline or on any of our other apps or websites, including websites you may access through PetPainter.
You provide to or that is collected by any third party (e.g., any third-party application or website, even if the link to it is accessible through PetPainter).

1. INFORMATION WE COLLECT AND HOW WE COLLECT IT

We may collect several types of information, including but not limited to Personal Data, from and about you:

Directly from you when you provide it to us.
Automatically when you Use PetPainter. Information collected automatically may include Usage details and internet protocol (“IP”) addresses.
From third parties, for example, our Service Providers (as defined below).

2. INFORMATION YOU PROVIDE TO US DIRECTLY

When you Use PetPainter, you usually provide to us certain information, including your Personal Data:

Photos and (or) videos that you upload to PetPainter, for example to use PetPainter. Please note that we always delete all metadata that may be associated with your photos and (or) videos by default (including, for example, geotags) before temporarily storing them to our systems.

Some editing features may use TrueDepth API (developed by Apple) technologies that provide information about facial position, orientation, and topology. Such information is used only on-device and is never stored on our servers. For more information about TrueDepth API processing of your photos and videos, you may visit the following link.

We can access your photos and videos only after you grant us permission to access your camera or your devices’ photo library. You provide such a permission through the request that appears on your mobile device (it may differ depending on your device operating system). You may revoke permission to access your camera or photo library through the settings on your mobile device, and here’s how to do it.

If you use an iOS device:
On your iPhone or iPad open the Settings app.
Scroll down and tap “Privacy”.
Tap “Camera” or “Photos”.
Next to PetPainter, toggle the permissions switching on or off.

If you use an Android device:

On your device open the Settings app.
Tap “Apps”.
Tap “PetPainter”. If you can’t find it, tap “See all apps”. Then, choose PetPainter.
Tap “Permissions”.
To change a permission setting, tap it, then choose “Allow” or “Don’t allow”.
Your email: When you create an account with PetPainter, we ask you to provide your email that will be further used for your sign-in process.
If you contact us, records, 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 online or offline), in order to investigate your concerns, respond to your inquiries and to monitor and improve our responses to your and other users’ inquiries in relation to PetPainter.

3. INFORMATION WE COLLECT AUTOMATICALLY

Device information: Information about your mobile device and internet connection, including your IP address, the device’s unique device identifier, operating system, and mobile network information.
Usage details: Details of your Use of PetPainter, including frequency of Use, areas and features of the application that you access and engagement with particular features. This information is used for in-app event analytics and, upon your consent, for marketing purposes.
(If you have provided your consent) IDFA or Android Advertising ID, whichever is applicable to your device. If you want to disable the collection of IDFA and/or Android Advertising ID by PetPainter, please follow the instructions below.

If you use an iOS device:

Go to Privacy settings to see a list of apps that request to track your activity. On iPhone or iPad, go to Settings > Privacy > Tracking.
Tap to turn off or turn on permission to track for PetPainter.

If you use an Android device:

Open Settings app
Navigate to “Privacy” > “Ads”
Tap “Delete Advertising ID”
Tap it again on the next page to confirm.

Details about your in-app purchases. This data is used to provide you with the Services and for our in-app analytics.

The technologies we use for automatic data collection may include:

4. HOW WE PROCESS YOUR PHOTOS AND VIDEOS

Pet Paintings. In order to generate Pet Paintings, you have to upload 10-20 photos to PetPainter. At this point, your photos are stored on our servers (provided by Amazon Web Services (USA)). Then, a copy of the Stable Diffusion model is created to be retrained with your photos to personalize the model and to create your Paintings.

You can also always request us to delete your photos or Paintings by contacting us at privacy@petpainter.ai.

Notwithstanding anything to the contrary elsewhere in this Privacy Policy:

We do not use photos, videos or Paintings to identify any individual user.
We do not use your photos, videos or Paintings for authentication, advertising, or marketing purposes, or to otherwise target a user in a similar manner.
We do not use your photos, videos or Paintings to build a user profile, or otherwise attempt, facilitate, or encourage third parties to identify anonymous users or reconstruct user profiles based on your photos, videos or Paintings.
We do not transfer, share, sell, or otherwise provide your photos, videos or Paintings to advertising platforms, analytics providers, data brokers, information resellers or other such parties.

5. THE PURPOSES AND OUR LEGAL BASES FOR PROCESSING YOUR PERSONAL DATA

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

To carry out our obligations and enforce our rights arising from any contracts entered into between you and us in relation to PetPainter (e.g., the Terms of Use).
To provide you with support and to respond to your inquiries. If you share your Personal Data (including your name and contact information) to ask a question about PetPainter, we will use that Personal Data to investigate your concerns, respond to your inquiries and to monitor and improve our responses to your and other users inquiries in relation to PetPainter. It is our legitimate interest to provide you with high-quality support.
To notify you about changes to PetPainter or any products or services we offer or provide through PetPainter, 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). It is our legitimate interest to keep you updated on your use of PetPainter.
To present to you and others with PetPainter and its contents and any other information, products or services that you request from us. We do so to provide you with the services according to our contractual obligation.
To monitor aggregated metrics such as total number of users, traffic, and demographic patterns (including via Service Providers as specified in Section 7). It is our legitimate interest to make aggregated analytics of our audience as it helps us understand our business metrics and improve our product.
To provide, improve, test, and monitor the effectiveness of PetPainter in an aggregated manner. It is our legitimate interest to make analytics of our audience as it helps us understand our product and business metrics.
To provide personalized content and information to you in relation to PetPainter, which could include online ads or other forms of marketing (including via email). We do so upon your explicit consent.
Upon users’ consent, for marketing purposes in order to find audiences similar to our users. For this processing we share, among others, users’ Use details, device information, and in-app purchase details with our third-party advertising partners.
In any other way, as described in this Privacy Policy.

For any new purpose of processing that is not compatible with any of the purposes mentioned above, we will ask for your separate explicit consent.

6. YOUR RIGHTS

Access to your Personal Data: You have a right to request information about whether we have any Personal Data about you, to access your Personal Data (including in a structured and portable form) that you have provided to us, when Using PetPainter and that we have about you. You can do this by contacting us.
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 PetPainter features and our ability to contact you as described in this Privacy Policy. If you believe that your Personal Data is incomplete or inaccurate, you have a right to contact us and ask us to correct such Personal Data.
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: If you believe that your Personal Data is no longer necessary in relation to the purposes for which it was collected or otherwise processed, or in cases where you have withdrawn your consent, or object to the processing of your Personal Data, or where the processing of your Personal Data does not otherwise comply with the GDPR, or if your Personal Data have to be erased for compliance with a legal obligation under EU or EU member state law, you have the right to contact us and ask us to erase such Personal Data. Please be aware that erasing some Personal Data may affect your ability to Use PetPainter.
Right to portability of your Personal Data: If we process your Personal Data on the basis of your consent, or if this is necessary for the performance of our contract, you have the right to request us to receive any Pesonal Data you provided us in a structured, commonly used and machine-readable format. You may further ask us to give that Personal Data to another party.
Right to object processing or otherwise using your Personal Data: Where we are processing your Personal Data based on our legitimate interest, you may object to the processing or otherwise using your Personal Data. You can do this by contacting us. Please be aware that our inability to process or otherwise use some of your Personal Data may affect your ability to Use PetPainter. If you have opted in to receiving marketing communications, you have the right to opt out of those at ay time.
Right to withdraw your consent at any time: 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. The withdrawal of your consent does not affect the lawfulness of the processing based on your consent before its withdrawal.
Right to lodge a complaint with a supervisory authority: Subject to the GDPR, you have the right to lodge a complaint with a local data protection authority in the country of your residence, where you work or where an alleged infringement of the applicable data protection law took place. Please see a list of EU member states’ supervisory authority here, and the UK’s supervisory authority (ICO) here.

Right to request the categories of Personal Information collected about you. PetPainter will provide, where relevant and required by law, the types of data we collect.
Right to request the categories of sources from which your Personal Information is collected. PetPainter will provide, where relevant and required by law, the types of tools and organizations we use to collect data.
Right to request the business or commercial purpose for collecting your Personal Information. PetPainter will provide, where relevant and required by law, the purposes to collect data.
Right to request the categories of third parties to whom Personal Information is disclosed, and the categories of Personal Information disclosed. PetPainter will provide, where relevant and required by law, information regarding the other organizations that may receive your Personal Information.
Right to request the specific pieces of Personal Information collected about you. PetPainter will provide, where relevant and required by law, your Personal Information.
Right to request that Personal Information collected about you be deleted. We may keep Personal Information for legal reasons but will accommodate deletion requests when required. Please be aware that erasing some Personal Data may affect your ability to Use PetPainter.
Request that your inaccurate Personal Information be corrected. If you believe your Personal Information is not correct you may provide Personal Information to replace the erroneous data.
Request that PetPainter does not sell or share your Personal Information. Each state may interpret a “sale” of Personal Information differently, however, if you are a resident of the states above or Nevada and request that your Personal Information not be sold PetPainter will honor that request. Individuals in California may request their information not be shared with any third party.

Opting Out of Promotional Emails

by following the opt-out links in any marketing email sent to you; or through PetPainter settings on your mobile device; or
by contacting us at any time using the contact details in How to Contact Us Section.

7. SHARING OF COLLECTED INFORMATION

We do not rent or sell your Personal Data, including photos and videos, to any third parties outside the Company or its Affiliates (as defined below).

Parties with whom we may share your Personal Data.

Such Service Providers include:

cloud providers Google Cloud Platform and Amazon Web Services, which we use when you choose to upload your photos or videos to PetPainter,
third-party analytics, as specified in this Privacy Policy,
email delivery services, and
Third-party advertising partners (for information on how third-party advertising partners collect and process your data and to opt out of such collection and processing, please contact us at privacy@petpainter.ai). Upon your consent, we send some of your Personal Data (e.g., your device information and details about your in-app purchases) for marketing and promotional purposes to our advertising partners (e.g., AppsFlyer, Meta). By these means, we are able to reach you and people like you on various platforms.

8. DATA SECURITY

Encryption of your Personal Data in transit and in rest.
All collected information is stored on our secure servers behind firewalls.
Organizational and legal measures. For example, our employees and employees of our subsidiaries have different levels of access to your Personal Data and only those in charge of data management get access to your Personal Data and only for limited purposes required for the operation of PetPainter. We impose strict liability on such employees for any disclosures, unauthorized accesses, alterations, destructions and misuse of your Personal Data.
Conducting periodical data protection impact assessments in order to ensure that the Company fully adheres to the principles of “privacy by design”, “privacy by default” and others. We also commit to undertake a privacy audit in case of the Company's merger or takeover.

If you want to report a security incident related to PetPainter, please contact us at privacy@petpainter.ai.

Phone model
Device OS and version
App version
User device ID
Language
Remaining space

This information is used to assess your feedback and/or identify the problem if you are reporting one and is NOT USED to identify users individually.

9. DATA RETENTION

Your Personal Data, other than photos, videos and Paintings. Normally, the retention term would be the term of your account existence. It means that we will retain your Personal Data, other than your photos, videos or Paintings, until you delete your account or request us to delete your data (by contacting us at privacy@petpainter.ai). Please note that deletion of PetPainter application does not imply the deletion of your account and your data!

10. CROSS-BORDER TRANSFERS

The Company is incorporated in the United States. Accordingly, your Personal Data may be transferred to and stored in the United States or in other countries.

For further information please contact privacy@petpainter.ai

11. CHILDREN

12. OTHER WEBSITES AND SERVICES

13. HOW TO CONTACT US, EEA/UK REPRESENTATIVE, AND DATA PROTECTION OFFICER

General contact details. If you have any questions about this Privacy Policy or PetPainter, please contact us via email at privacy@petpainter.ai or our mailing address:

Big Brain, LLC

7303 14th Ave NW, Seattle, WA 98117

DPOEU LTD

Office 902 Oval Krinou 3 Agios Athanasios 4103 Limassol, Cyprus

Email: info@dpoeu.eu

14. CHANGES TO OUR PRIVACY POLICY