Privacy policy 1. introductory paragraph 1.1. SweetnData Inc. ("SweetnData", "Company", "we", "us", or "our") and Smitz - Photo Studio ("Smitz", "our App", or "our Service") are committed to protecting the privacy rights of users of our web fan card sales service "FanCard" ("User", "you", or "your"). This Privacy Policy (the "Policy") describes how and why we collect, store, use, and manage the personal information and data you provide or that we collect when you visit our website https://www.sweetndata.com/ (the "Site") or use our services available on mobile platforms (e.g., iOS and Android) (collectively, the "Services"). It also describes how you can access and update your personal information and/or data and how you can make certain choices about how the personal information and/or data you provide to Smitz is used. 1.2. Please note that the scope of this Policy is limited to information and data that SweetnData collects or receives through or in connection with your use of the Services. SweetnData is not responsible for the actions of third parties, the content of third party websites, the use of any information or data you provide to third parties, or the products or services offered by third parties. Links to third party websites do not constitute our sponsorship of or affiliation with such third parties. 1.3. SweetnData acts as a data controller and processor with respect to the Personal Data you provide to us. 1.4. By using our Services, you agree to our Privacy Policy and confirm that you are at least 13 years of age. We do not knowingly collect or solicit personal information from individuals under the age of 13, nor do we send direct or targeted interest-based advertising to anyone under the age of 13, or knowingly allow such persons to use our Services. If you are under the age of 13, please do not send us any personal information, including your name, address, phone number or email address. If we learn that we have collected any personal information from or about an individual under 13, we will delete that information as soon as possible. If you believe we might have any information from or about an individual under 13, please contact us by email at info@sweetndata.com. 1.5. SweetnData, as a data controller and processor, does not and will not process any special categories of personal data. 1.6. We may update this Privacy Policy from time to time. We may notify you of changes to this Policy by posting a notice on the Services or through the Site. Your continued use of our websites, apps and services after changes are posted constitutes your acceptance of those changes. We encourage you to check and review this Policy periodically so that you are always aware of our current privacy practices. 2. what information we collect 2.1. We collect and combine different types of information and/or data (including Personal Data). You can find more information about what information and/or data we collect about you and what information and/or data we do not collect here: 2.1.1. Registration, Account, and Subscription Information. We collect data in the course of your use of or registration with Smitz. For example, when you create an account, register or download an application, or subscribe to a product or service, you provide us with certain personal data. This type of Personal Data may include your name (first name, last name, pseudonym or nickname) or email address (for example, if you request individualized technical assistance or support, see the "Contacting Us" section). 2.1.2. Purchase a product/service. When you make a purchase, we use a third-party service to make the purchase, and your payment data (such as credit/debit card, billing information, and shipping address) is not collected by us. Information about you, such as your name (first name, last name, pseudonym or nickname), email address, phone number, and the products you purchase, is retained by us to follow up with you about your product subscription. 2.1.3. From Other Sources. We sometimes combine data we receive online with other information, including usage information from our other websites and online advertising and media. We also supplement or combine data from various other sources or external records, such as demographics and transaction history, and we use the combined data in accordance with this Privacy Policy. The types of other sources with which we share your data include - IT companies. We work with businesses that support our websites and other business systems. - Marketing companies (see the "Social Media" section). We work with marketing companies that help us manage electronic communications with you or conduct product reviews. - Payment processing. We work with trusted third-party payment processing providers to securely process and manage payments. 2.1.4. Social Media. You may participate in some of our content and offerings, such as videos, applications and other products, on or through third-party communities, forums, social media websites, services, plug-ins and applications ("Social Media Sites"). When you link to or interact with us or our Content through a Social Media Site, you authorize us to receive certain data from your Social Media account (e.g., your name, user ID, email address, profile picture, photos and videos, gender, date of birth, friend list and contact information, people you follow or who follow you, and posts or "likes" you make). We also receive data about your interactions with our Content (e.g., data about the Content you viewed). Where permitted by law, by providing this data or interacting with our Website through a social media site, you consent to our use of the data from the social media site in accordance with this Privacy Policy. 2.1.5. Location information. We may have access to certain data about your location, such as your country or address, if you provide it directly or if we receive it through device information (e.g., IP address). We may also collect data about your location (e.g., geolocation via mobile device) for the purpose of tailoring content to your location (e.g., geo-location-based content packages), with your consent (and where required by law), and we may match your device location to specific points of interest for interest-based advertising as described in this Policy. Please note that participation in this part of the Service is not a requirement for all of our applications. You may opt out of location sharing at any time by turning off location sharing in your device settings. 2.1.6. Technical and usage information. We also collect certain technical and usage information, such as your application data (including interactions with in-app facial mapping tools used for facial manipulation features inside the application via server log files and your user ID), access, session duration and in-app purchases, device type, browser (when using our website), operating system you are using, internet service provider and/or mobile carrier, unique device ID (persistent/non-persistent), device hardware type, IDFA or IDFV, MAC address, IP address, device and browser settings (when using our websites), the web pages and apps you use, the ads you see and interact with, and certain site usage information, which is useful for troubleshooting and helps us identify usage trends, improve and optimize the Services and your user experience, and may be used for interest-based advertising as described elsewhere in this Policy. For more information about how we use these technologies to collect this data, see the "Cookies and Other Technical Information" section. 2.1.7. Contacting customers. If you contact us through our Customer Support Center, we may collect and process what you communicate with us (including data) and/or your contact information. 2.1.8. Tracking technologies. We and our marketing and outsourcing partners, affiliates, or analytics service providers use technologies such as cookies, beacons, scripts, and tags to identify your computer/device and "remember" things about your visit, such as your preferences or username (pseudonym or nickname). The information contained in cookies may be linked to your Personal Data, such as your user ID, for purposes such as improving the quality of our Services, tailoring recommendations to your interests, and making the Services easier to use. You can disable all Cookies except those that are necessary for the functionality of the Site and/or App. We may use the following software and programs to collect the data mentioned above and for statistical and analytical purposes - Google Analytics, Google Ads, Firebase (Google LLC.) 1600 Amphitheater Parkway Mountain View, CA 94043, USA Stripe Inc. 185 Berry Street Suite 550, San Francisco, CA 94103, USA - Apphud Inc. 850 New Burton Rd, Ste 201, Dover, DE 19904, USA - AppsFlyer Ltd. 111 New Montgomery St Ste 400 San Francisco, CA, 94105-3616, USA - Facebook Ads (Meta Platform, Inc.) 1601 Willow Road, Menlo Park, CA 94025, USA - Apple Search Ads (Apple Inc.) One Apple Park Way, Cupertino, CA 95014, USA - TikTok Ads (TikTok Pte. Ltd.) 1 Raffles Quay, #26-10, South Tower, Singapore 048583 - Snowflow Analytics Limited 17 Bevis Marks, Floor 6, London, EC3A 7LN, United Kingdom 3. How to use the information 3.1. we use the collected information and/or data (including Personal Data) for the following purposes 3.1.1. Providing and marketing our products and services. We use the information and/or data we collect about you to analyze your use of our products, applications, services, and content, to facilitate sharing and other interactions with social media sites, and to provide, develop, maintain, personalize, protect, and improve your experience and our products. For example, we use the information and/or data we collect from you to enable us to (i) provide entertainment news and updates; (ii) obtain information about our products, services and content; (iii) find and access information, ads, or features that are personalized to your interests; (iv) to participate in interactive features, activities and social media sites. (v) Content, reviews, or participation in promotions and contests. In addition, we and our affiliates, business partners, and third parties use this information and/or data to target, deliver, market, or advertise our products, programs, or services. Lawful grounds for processing, including grounds of legitimate interest: - To fulfill our contractual obligations (e.g., to receive, process, and verify sign-ups or registrations, and to communicate with you about your account); - Legal obligations; and - Your consent (if required) for the following reasons - To maintain our Services and to improve and develop new products (including to ensure that our Services are working as intended, such as to track outages or resolve issues you report to us); - Increase efficiency; and - Preventing fraud and other misconduct. 3.1.2. Communications with You. We use the information and/or data we collect about you to communicate with you to accomplish the following purposes (i) notify you when our policies or terms of use change; (ii) to respond to your inquiries; (iii) to communicate with you regarding your purchases or transactions; (iv) to contact you about your account; or (v) send you information about promotions, offerings, and our features. You may also choose to receive push notifications from us on your mobile device. Lawful basis for processing, including legitimate interest grounds: - Fulfill contractual obligations; - Legal obligations - Your consent (if required) for the following reasons - Communicate important information; - Improvement and development of actual and potential products and services; and - Build statistics. 3.1.3. Third-party social networks. We use information and/or data we collect when you interact with third-party social networking features to serve ads and communicate with you on third-party social networks. You can learn more about how these features work, what profile data we collect about you, and how to opt out by reviewing the privacy policies of the relevant third-party social networks. Lawful basis for processing, including legitimate interest grounds: - Your consent (if required) - Legal obligations, such as - Define customer types for a new product or service; - Developing a profile about you and your interactions with us so that we can provide you with customized offers, opportunities and services that may be of interest to you. - To study how you use our products/services, to develop them, to grow our business, and to improve our marketing strategies. 3.1.4. Use of Technical and Usage Information. We use Technical and Usage Information to improve our design, functionality, and content and to customize your experience with our content and the services we offer. We use this information for the following purposes (i) to provide, develop, maintain, personalize, protect and improve our products, applications and services and to operate our business; (ii) performing analytics, including analyzing and reporting on usage and performance; (iii) protecting against, identifying, and preventing fraud and other illegal activity; (iv) Generate aggregate data about users. Lawful basis for processing, including legitimate interest grounds: - Fulfill contractual obligations; - Legal obligations, such as - operate our business, administer and provide IT services, secure our network, prevent fraud, and comply with our legal obligations; and - To define the types of customers for our products and services, and to keep our website updated and relevant. 3.1.5. Compliance. We use the information and/or data we collect about you to detect, investigate, and prevent activities that violate our Terms of Use or that may be fraudulent, copyright infringing, or otherwise illegal, to comply with legal requirements, and to protect our rights and the rights and safety of our users and third parties. Lawful grounds for processing, including grounds of legitimate interest: - Legal obligations, such as - Protect our business interests and rights, privacy, safety and property, or the public interest. - We share your data with third parties to pursue available remedies or to limit the damage we may suffer. 4. biometric data We are committed to providing you with a wide range of tools. Our Services use the latest approaches and settings, including machine learning or artificial intelligence algorithms, so that we can provide you with personalized solutions that match your creativity. While using facial effects, we need to display the effect in the right place in your photo to realize the final result of how the tool works. To do this, our Services may estimate the part of your face (such as your nose or mouth) and the location of points on your face or eyes. This information is not used to identify you. When you use our Application, we may collect information about you through your camera or camera gallery, including photos you provide when you use the Application. We only collect the specific images that you choose to modify using the Application, and we do not collect your photo albums, even if you give us access to them. Photographs and facial measurements and combinations thereof are recognized as biometric data and are defined as a special category of personal data resulting from specific technical processing related to an individual's physical or physiological characteristics (hereinafter referred to as "biometric data"). However, if we use artificial intelligence ("AI") to generate features, additional configuration based on deep learning and text-to-image conversion mechanisms may be required. Therefore, the processing is performed on our servers. To create AI features, you will need to upload multiple source photos to the application. We will then create a copy of the model that will be retrained with your photos to personalize the model and generate content. We do not keep your original source photos for more than 7 days. Your content is stored on our servers and remains accessible in the application on any device at any time until you decide to delete it. We do not use the photos you provide when using the Application for any purpose other than to provide the editing features of the Application and the purposes and uses mentioned above (see section 3 "How we use your information"). 5. Sharing and disclosing information 5.1. We share and disclose information and/or data (including Personal Data) for the following purposes 5.1.1. Law Enforcement and Courts. We will disclose information and/or data when provided by law (for example, in response to a court order or subpoena or in response to a request from law enforcement). We will also disclose information and/or data to third parties: (i) in connection with fraud prevention activities; (ii) We believe it is necessary to investigate, prevent, or take action regarding illegal activities; (iii) circumstances that may violate our Terms of Use or other applicable regulations and policies; (iv) To protect our rights and the rights and safety of third parties. (v) as otherwise required by law. 5.1.2. Change of Control. We will transfer information and/or data about you in the event that we or one of our business units or related assets are acquired, sold or merged with another company, or in the event of a business transaction as part of a bankruptcy proceeding or business reorganization. 5.1.3. Service Providers: Our agents and contractors may have access to information and/or data about you in order to perform the services they perform for us, such as fulfillment, creation, maintenance, hosting and delivery of products and services, marketing, payment processing, email and order fulfillment, contest administration, research and analytics, and customer service. 5.1.4. Advertising Networks. We share certain information and/or data about you with third parties to serve ads to you based on your interests. For more information, please see the "Cookies and Other Technical Information" and "Ad Choices" sections below. We use data processing services from the following companies - Google Analytics, Google Ads, Firebase (Google LLC.) 1600 Amphitheater Parkway Mountain View, CA 94043, USA Stripe Inc. 185 Berry Street Suite 550, San Francisco, CA 94103, USA - Apphud Inc. 850 New Burton Rd, Ste 201, Dover, DE 19904, USA - AppsFlyer Ltd. 111 New Montgomery St Ste 400 San Francisco, CA, 94105-3616, USA - Facebook Ads (Meta Platform, Inc.) 1601 Willow Road, Menlo Park, CA 94025, USA - Apple Search Ads (Apple Inc.) One Apple Park Way, Cupertino, CA 95014, USA - TikTok Ads (TikTok Pte. Ltd.) 1 Raffles Quay, #26-10, South Tower, Singapore 048583 - Snowflow Analytics Limited 17 Bevis Marks, Floor 6, London, EC3A 7LN, United Kingdom An analytics service provider that analyzes data about consumer behavior and sends that personal information through a local database. 6. your choices 6.1. Marketing Communications and Sharing with Third Parties. We provide you with the opportunity to express your preferences regarding receiving certain marketing communications from us and our sharing of information and/or data about you with our trusted partners for their direct marketing purposes. If you wish to update these preferences in the future, please email us at info@sweetndata.com. 6.2. Ad Choices. We work with reputable third parties to serve ads on our websites and applications and on third-party websites and applications, and to engage in data collection, reporting, ad delivery and response measurement, and website analytics. These third parties use cookies, web beacons, pixels, or similar technologies to perform these activities. They also obtain information about the applications you use, the websites you visit, and other information from your device and browser (if you use our websites) to help us serve ads on and off our sites and on your device and browser (if you use our websites) that are more relevant to your interests. This type of advertising is called interest-based advertising. For more information about interest-based advertising on your desktop or mobile browser (when using our websites) and your ability to opt out of this type of advertising from third parties participating in self-regulatory programs, please contact us at info@sweetndata.com. Depending on your mobile device and operating system, you may have more options. For example, most device operating systems (e.g., iOS for Apple phones and Android for Android devices) provide their own instructions on how to limit or prevent the delivery of personalized in-app ads. You can learn more about these features and how they apply to personalized in-app ads by reviewing the support materials and/or privacy settings for each operating system. 7. cookies and other technical information 7.1. Cookies and Other Technologies: 7.1.1. We and our affiliates, third-party service providers and trusted partners send "cookies" to your device and use similar technologies for advertising purposes and social features, as well as to analyze and improve your user experience with us. 7.1.2. Cookies are small text files that are stored on your browser (when you use our Website). We may also use pixels or "web beacons" to monitor your use of the Website. A web beacon is a small string of code that provides a way to deliver a graphical image to a web page for the purpose of transmitting data, such as the IP address of the device that downloaded the page on which the web beacon appears, the URL of the page on which the web beacon appears, the time the page containing the web beacon was viewed, the type of browser from which the web beacon was obtained (when using our Website), and the identification number of a cookie previously placed on your device by that server. 7.1.3. We may also incorporate portions of "software development kits" ("SDKs"), JavaScript or code into our applications/video games to perform functions similar to cookies and web beacons. For example, SDKs collect technical and usage information, such as mobile device identifiers and your interactions with our apps. 7.1.4. Our Website may use Local Storage Objects ("LSOs") to provide certain content, such as on-demand videos, video clips or animations, and a better user experience. 7.2. We may use cookies and other technologies to recognize your browser (if you use our Website) or device, maintain your preferences, provide certain features, and collect information and/or data about your online interactions with us and your communications with us. For example, when we communicate with you via HTML-enabled email, web beacons and other technologies tell us about your activity, such as whether you received and opened our emails, clicked on links, or otherwise interacted with our content, and this information may be associated with previously collected information. 7.3. We also use cookies and other technologies: (i) to provide, develop, maintain, personalize, protect, and improve our websites, products, apps, services, and video games, and to operate our business; (ii) to perform analytics, including analyzing and reporting on the use and performance of our content and marketing materials; (iii) to protect against, identify, and prevent fraud and other illegal activities; (iv) to generate aggregate data about users; (v) to synchronize you across devices, affiliates, and trusted partners. (vi) to enable us and our affiliates and trusted partners to target, deliver, market, or advertise our products, apps, or services. Cookies and other technologies also facilitate, manage, and measure the performance of advertisements displayed or delivered by or through us. 7.4. We use the following types of cookies and similar technologies 7.4.1. Strictly necessary cookies or similar technologies. These cookies are essential for you to move around our websites and apps and use their features, such as accessing secure areas. Without these cookies, we cannot provide services, such as enabling appropriate content based on your device type. 7.4.2. Performance Cookies or Similar Technologies. Performance cookies collect information about how you use our websites and apps so that we can analyze traffic and understand your interactions. We may use third-party service providers, such as Google Analytics, which may use their own cookies or similar technologies for these purposes. 7.4.3. Functionality cookies or similar technologies. Functionality cookies allow our websites and apps to remember choices you make (such as your username or the region you live in) and provide better, more personalized features. They may also be used to remember changes you make to text size, fonts, and other parts of a web page that you can customize. They may also be used to provide services you request. 7.4.4. Social media cookies or similar technologies. These are used when you share information using social media share buttons or 'like' buttons on our websites or apps, or when you connect your account on or through a social media site such as Facebook, Twitter or Google+ or engage with our content. Those social networks will record the fact that you have done this. This information may be linked to targeting/advertising activities. 7.4.5. Advertising Cookies or Similar Technologies: Some of our websites or apps may use third-party advertising networks to serve targeted ads. These ad networks may also have the ability to track your browsing across websites (if you use our websites), apps, and social media sites. 8. data retention 8.1. We will retain your Personal Data only for as long as is necessary for the purposes described in this Policy, which means that our data retention periods may vary depending on the reason for collection. In general, your Service-related Personal Data will be retained for as long as you remain a user of ours (so if you delete your account on the Service, we will immediately delete all Personal Data (except for the data set out in Section 7.2 of this Policy) provided under that account, including but not limited to your name, gender, profile picture, logs, and any information from social networks associated with that account). In some cases, you can request that we erase your personal data. This allows you to ask us to delete or remove your personal data where we have no legitimate reason to continue processing it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing, where we may have processed your information unlawfully, or where we are required to delete your personal data to comply with local law. However, we may not always be able to comply with your erasure request due to certain legal reasons, which we will notify you of at the time of your request, if applicable. In some cases, we may anonymize your personal data (so that it can no longer be associated with you) for research or statistical purposes. We may analyze anonymized data to develop safe and valuable products and features, and to better detect security threats while protecting your identity. We may also securely share anonymized data externally so that it can be useful to others without putting your privacy at risk. 8.2. However, some personal data related to providing our services to you will be kept for longer periods of time as necessary to comply with various financial and tax-related legal obligations. After the retention period has elapsed, such personal data will be securely deleted. 9. How to exercise your rights in relation to your data 9.1. Under certain conditions, you have the right to request a copy of your Personal Data from us, to rectify, delete or restrict its processing and to obtain the Personal Data you have provided to us in a structured, machine-readable format. You have the right to object to our processing of your personal data based on our legitimate interests. Where we have asked for your consent to process your personal data, you have the right to withdraw your consent at any time. 9.2. If you wish to exercise any of the above rights, please contact us at info@sweetndata.com. 9.3. In addition to the above rights, you have the right to lodge a complaint with your local supervisory authority if you are a resident of the EU/EEA. 9.4. Where permitted by law, we reserve the right not to allow you access to your Personal Data or to restrict your rights (for example, where disclosure is prohibited by law or where the rights of another individual may be infringed). In some cases, this may mean that we may retain your Personal Data even if you withdraw your consent. 10. transfer data 10.1. We operate servers around the world and your information may be processed on servers located outside of the country in which you reside. Data protection laws vary from country to country, and some countries offer more protection than others. Regardless of where your information is processed, we apply the same safeguards as described in this Policy. We also comply with specific legal frameworks regarding data transfers. 10.2. When we transfer your information to group members outside the European Economic Area (EEA), we use standard contractual clauses approved by the European Commission. We also use these clauses when we transfer your personal data to third parties outside the EEA. You can obtain a copy of the documents we use to protect your personal data when transferring it outside the EEA by contacting us via email at info@sweetndata.com. 11. how to contact us 11.1. We have appointed a local representative in the EEA as a non-EEA resident controller and processor. Our EEA local representative can be contacted as follows 2F, 217, Teheran-ro, Gangnam-gu, Seoul, Republic of Korea, info@sweetndata.com 11.2. If you have any questions about this Privacy Policy, you may contact us at info@sweetndata.com.