Privacy Policy

Effective Date: September 1, 2020

FoyPro.Com and its related mobile application (“App”), services, and products (“Website”, “FOY”) are owned and operated by Aberythmic LLC (“Aberythmic”, “our”, “us”, “we”), a Delaware limited liability company with its principal place of business in Playa Vista, California. Aberythmic has adopted this Privacy Policy (“Privacy Policy”) to inform you that it collects Personal Information when you use the Website and/or App and to explain how this information is used.  Aberythmic shall comply with all applicable laws, policies, and regulations related to the collection, usage, and sharing of Personal Information. You should contact Aberythmic directly with any questions or concerns.

ABERYTHMIC MAY CHANGE, MODIFY, AMEND, SUSPEND, TERMINATE, OR REPLACE THIS PRIVACY POLICY FROM TIME TO TIME AND WITHIN ITS SOLE AND ABSOLUTE DISCRETION. IN THE EVENT ABERYTHMIC CHANGES, MODIFIES, AMENDS, OR REPLACES THIS PRIVACY POLICY, THE EFFECTIVE DATE, LOCATED ABOVE, WILL CHANGE.  YOUR CONTINUED USE OF THE WEBSITE AND/OR APP AFTER A CHANGE IN THE EFFECTIVE DATE OF THIS PRIVACY POLICY CONSTITUTES YOUR MANIFESTATION OF ASSENT TO THE CHANGE, MODIFICATION, AMENDMENT, OR REPLACEMENT CONTAINED WITHIN.

Definitions.

• California Consumer Privacy Act (“CCPA”) means the California statute intended to enhance privacy rights and consumer protection for residents of California, United States.
• General Data Protection Regulation (“GDPR”) means the European Union (“EU”) law on data protection and privacy applicable to individuals within the EU.
• Personal Data means any information relating to an identified or identifiable natural person, an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
• Personal Information under the CCPA means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. For purposes of this Privacy Policy, “Personal Data” is included within this definition.
• “Account(s)” means a User’s account that is required for access to and use of the FOY Website and Services.
• “Content” means any photographs and/or videos that are temporarily uploaded to the FOY cloud for use with the Services.
• “Services” means any Content enhancements, such as age reduction technology and other visual effects, provided through FOY that Users receive pursuant to a free trial or subscription. Users may also have the option of storing Content on the FOY Website.
• “User(s)” means all individuals that create an Account with the FOY Website and/or download the FOY App and pay for Services.
• “You / Your / You’re” means Users.

Facial Likeness and Biometric Information Collection, Use, Sharing, Cloud Storage, Retention, and Deletion.

The website and/or FOY App collects your facial likeness and other biometric data only from the user content (photos and videos) that you select to edit and upload.  It is necessary to analyze your content’s facial and biometric data, and to use these results to perform the core functions of editing, modifying, and retouching your content.  We do not share any facial or biometric data with any third parties.  This facial and other biometric data is stored only on our servers.  While we only guarantee that we will keep this data 30 days, we may store if for an indefinite amount of time.  If you would like to have your facial and biometric data removed from our servers, you can go to Settings/Request Cloud Data Removal.  Please keep in mind that this will remove all of your data, including user purchase history, so your coin balances will be set to 0 in this event.

Other Types of Personal Information We Collect.

Aberythmic collects the following Personal Information from all Users who contact Aberythmic seeking more information:

• First name;
• Last name;
• Email address;
• Any other information that you upload or submit to the Website and/or App directly or indirectly.

Aberythmic collects the following Personal Information from all Users who download the FOY App:

• Email address;
• Biometric information such as facial likeness;
• Any other information that you upload or submit to the Website and/or App directly or indirectly.

Aberythmic collects the following Personal Information from all Users who create an Account with the FOY Website:

• First name;
• Last name;
• Email address;
• Phone number;
• Username;
• Password;
• Payment information;
• Biometric information such as facial likeness;
• Any other information that you upload or submit to the Website and/or App directly or indirectly.

In addition, Aberythmic collects the following Personal Information from all Users who access the Website and/or App:

• Your geolocation;
• Your IP address;
• Your browser and search engine information;
• Your device information;
• Your visitor history;
• Your usage of the Website and/or App, including, without limitation, any links or items clicked or pages viewed and statistics;
• Information stored in cookies, pixel tags, or web beacons;
• Analytical data from Google Analytics and/or Google AdSense; and
• Any other additional analytic data that you voluntarily submit to the Website and/or App.

Sources of Personal Information Collection.

Aberythmic may collect this Personal Information from you through various channels, including, but not limited to, through your voluntary submission of information to the Website and/or App, through requests initiated by you through the Website and/or App, through the collection and analysis of information concerning your computer and browsing activities, through the use of cookies, web beacons, pixel tags, Google Analytics, Google AdSense, and through other sources permitted by law.

Cookies & Similar Technologies.

The Website and App also utilizes Cookies.  Cookies are small text files placed on your device to store data that can be recalled by a web server in the domain that placed the Cookie. We use Cookies and similar technologies to enable our systems to recognize your browser and to provide certain features.  We also use “web beacons” to help deliver Cookies and gather usage and performance data. The Website and App may also include Cookies, web beacons, and other similar technologies from third-party service providers.

You have a variety of tools available to control the data collected by Cookies, web beacons, and similar technologies. For example, you can use controls in your Internet browser to limit how the websites you visit are able to use Cookies and to withdraw your consent by clearing or blocking Cookies. You can also stop Aberythmic from placing Cookies (other than those required for the Website and/or App to function) on your device by referencing the instructions below.

The table below sets out how we use different categories of cookies and similar technologies, as well as information on your options for managing the settings for the data collection by these technologies:

Lawful Basis for Processing Your Personal Information

The lawful basis for us processing your Personal Information for the uses described above will typically be because you have provided your consent; it is necessary for our contractual relationship; the processing is required for us to comply with legal obligations; and/or the processing is in our legitimate interest of providing Services of enhancing Content through age reduction technology and other visual effects.

How Aberythmic Uses Your Personal Information.

We use your Personal Information based upon the legal basis of Users’ consent to provide you with the Website, process any requests made by you, communicate with you, identify and fix problems with the Website, and update you regarding changes to the Website and/or App and the Aberythmic and third-party services offered through the Website.

By using the Website, you further authorize the following specific uses of your Personal Information and Content:

• Enable your use of the Website and/or App and its associated services;
• Improve algorithms;
• Develop machine learning and/or artificial intelligence;
• Measure service usage;
• Develop new features;
• Contact and communicate with you, whether through email, telephone, text message, and/or messages within the Website;
• Customize and/or tailor the Website and/or App and your user experience, which may include targeted selection and display of third-party advertisements within the Website and/or App;
• Aggregate certain information that does not include your personal information and disclose it for analysis, demographic profiling and/or targeted advertising;
• Advertise products and services of Aberythmic;
• Transmit and process your information and actions within the Website and/or App;
• Provide statistical information, and include you in the same, where applicable;
• Provide you with technical service and support, including updates;
• Provide you with information concerning Aberythmic’s benefits or services;
• Store, archive, retrieve, and make copies of your user generated content;
• Understand your needs and requests;
• Communicate promotions or other offers;
• Process payments;
• Prevent and detect illegal activities or violations of your Terms of Use;
• Combine your personal and personally identifiable information with information from other Aberythmic applications and/or services; and
• Facilitate your use of the Website and/or App and upgrades/replacements to the Website and/or App.

Sharing of Your Personal Information.

Aberythmic Shares Your Personal Information with third parties in the following circumstances:

• Where Aberythmic has obtained your consent;
• Where sharing or disclosure of your Personal Information is necessary to provide you with the Website, and/or associated services (We may share your personal or personally identifiable information with trusted third-parties who assist us in operating the Website, providing the associated services, and conducting our business);
• Where sharing or disclosure of your Personal Information is necessary pursuant to a campaign with Facebook and/or Instagram;
• Where sharing or disclosure of your Personal Information is necessary to share personal or personally identifiable information with Aberythmic’s parents, subsidiaries, successors, assigns, licensees, affiliates, or business partners;
• Where Aberythmic has been purchased by a third party;
• Where sharing or disclosure of your Personal Information is necessary to respond to requests by government authorities;
• Where your Personal Information is demanded by a court order or subpoena;
• Where sharing or disclosure of your Personal Information is needed to protect the employees, independent contractors, officers, directors, members, users, or owners/shareholders of Aberythmic;
• Where sharing or disclosure of your Personal Information is needed to help prevent against fraud or the violation of any applicable law, statute, regulation, ordinance, or treaty; and
• Where Aberythmic is otherwise legally obligated to share your personal or personally identifiable information.

Aberythmic Shares Your Personal Information With the Following Third-Parties:

• Google, including Google Analytics and Firebase (privacy policy here);
• Flurry (privacy policy here);
• Mixpanel (privacy policy here);
• PaymentWorld (privacy policy here).

Flurry.

Aberythmic uses Flurry to collect analytics regarding Users of the FOY App.  Flurry requires that Aberythmic incorporate the following provisions into this Privacy Policy:

• Aberythmic agrees that we shall abide by this Privacy Policy and that it complies with all applicable laws to the collection of Persona Information from Users of the FOY App and Website.
• This Privacy Policy is clearly and conspicuously posted within the FOY App and on the FOY Website.
• Aberythmic uses Flurry’s tracking pixel, agent, and/or any other visitor identification technology that collects, uses, shares, and stores data, including precise location data, about Users of the FOY App.
• Flurry’s Privacy Policy can be found here.
• Users may learn more about the choices offered in connection with Flurry’s use of User data and Personal Information and may opt-out on a device-by-device basis by enabling “Limit Ad Tracking” on your device by visiting Flurry’s Privacy Dashboard here.
• Users may also learn more about opting-out at one of the following links: Network Advertising Opt-Out; Network Advertising Mobile Choices; YourAdChoices; and/or Verizon Media Opt-Out.
• Aberythmic agrees to obtain any and all User consents required by applicable law before Users use the FOY App, Website, and/or Services.
• Aberythmic agrees to comply with all applicable laws, policies, and regulations relating to the collection, usage, and sharing of Personal Information from Users.

No Liability Third-Party Services and Third-Party Links.

The third-party service providers affiliated with Aberythmic have their own independent privacy policies governing the use of your Personal Information pursuant to the GDPR and CCPA and we encourage you to read those privacy policies carefully.  You understand that even if Aberythmic deletes your Personal Information that it may still be available in a third-party service provider’s database.  Aberythmic has no responsibility or liability for the Personal Information collection, use, or storage activities of the third-party services providers used by Aberythmic to provide you with the services associated with the Website.

Aberythmic may outsource or subcontract some of our technical support, tracking and reporting functions, database management functions, and other services to third parties. We may share information from or about you with them so that they can perform their services as long as they comply with this Privacy Policy, the GDPR, and the CCPA.  You understand and agree that Aberythmic will not be held responsible for any third-party communications sent by entities that Aberythmic does not own or control.  You are encouraged to review any third-party privacy policies before utilizing any such third-party service.

Aberythmic may include or offer third-party products or services on the Website and/or App and provide third-party links to the same.  These third-party websites have separate and independent privacy policies.  Aberythmic has no responsibility or liability for the content and activities of such third parties or their websites.  We encourage you to read carefully the privacy policies of all such third-party websites.  We seek to protect the integrity of the Website and/or App and therefore welcome any feedback about any such third-party websites.

Personal Information Transfer, Storage, and Cloud Data Removal.

Your Personal Information is stored and processed on computers and servers in the United States and through your use of the Website and/or App, you consent to the processing and storage of your Personal Information and personally identifiable information.  You understand that your Personal Information may be transferred to – and maintained on – computers located outside of your state, province, country, or other governmental jurisdiction.  If you are located outside the United States and choose to provide Personal Information to us, please note that we transfer your Personal Information to the United States and process it here, and that we may store portions of your Personal Information in the United States.

Website and/or App Users understand and agree that if they provide Aberythmic with Personal Information and Content that it is stored for approximately thirty (30) days, but may be stored indefinitely, unless the User contacts Aberythmic to have their Personal Information removed from storage.  As specified above, even if Aberythmic deletes your Personal Information from its own servers, it may still be available in a third-party service provider’s database.  You should consult with those third-parties in the event you would like Personal Information deleted therefrom.

Users can at any time request to have their cloud data removed in the App by going to Settings/Request Cloud Data Removal.

Personal Information Security.

Aberythmic uses standard technology to store and help prevent against the unauthorized disclosure of your Personal Information. Though we undertake commercially reasonable efforts to protect your information, no website, software, or online service is completely safe. Accordingly, you provide all such information at your own risk.

In order to protect your Personal Information, Aberythmic uses specific security measures, such Secure Sockets Layer (SSL) protocol, which encrypts information you input at 128-bit strength. This is denoted in most web browsers by a small padlock appearing on the bottom bar of the window and the address of the window changing from http:// to https://, indicating a secure connection.

EU Users’ Rights Under the GDPR.

The GDPR provides Users located in the EU under its protection certain rights with respect to their Personal Data collected by us on the Website.  Accordingly, Aberythmic recognizes and will comply with the GDPR and those rights, except as limited by applicable law.  The rights under the GDPR include:

• Right of Access: This includes the right to obtain from us your Personal Data and whether it is being processed, along with the purposes of the processing; categories of Personal Data concerned; recipients to whom your Personal Data has been disclosed; the period for which your Personal Data is being stored; and the right to lodge a complaint.

• Right of Rectification: This includes the right to correct inaccurate Personal Data collected and/or stored by us.

• Right of Erasure (“Right to be Forgotten”): This includes the right to have your Personal Data deleted. However, if applicable law requires us to comply with your request to delete information, fulfilment of your request may prevent you from using our services and may result in closing your account.

• Right to Restriction of Processing: This includes the right to request restriction of how and why your Personal Data is used or processed by us.

• Right to Data Portability: This includes the right to receive your Personal Data in a structure, readable format and the right to have your Personal Data transferred.

• Right to Object: This includes the right to object to us processing your Personal Data for reasons such as direct marketing purposes and for scientific or historical research or statistical purposes.

• Right to not be Subject to Automated Decision-Making: This includes the right to not be subject to a decision based solely on automated processing, including profiling, that could have a legal, or similarly significant, effect on you from being made solely based on automated processes.

California Users’ Rights.

Under the CCPA, California Users have the following rights:

• Right to Know About Personal Information Collected, Disclosed, or Sold: You have the right to request that Aberythmic disclose what Personal Information of yours it collects, uses, discloses, and sells over the past 12 months.

• Right to Have Personal Information Deleted:  You have the right to request that Aberythmic delete any of your Personal Information that we collected from you.

• Right to Opt-Out of the Sale of Personal Information:  Aberythmic does not sell Personal Information.  You have the right to opt-out of Aberythmic’s sale of your Personal Information.

• Right to Non-Discrimination:  Aberythmic shall not discriminate against California Users for exercising their rights under the CCPA.

To exercise your rights under the CCPA, you may submit a request to Aberythmic by contacting Aberythmic at privacy@aberythmic.com.

Under California’s “Shine the Light Law,” California residents have the right to receive information that identifies any third-party companies or individuals that Aberythmic has shared your Personal Information with in the previous calendar year, as well as a description of the categories of Personal Information disclosed to that third party. You may obtain this information once a year and free of charge by contacting Aberythmic at the address below.

Purchase or Sale of the Website and/or App or Other Assets.

Aberythmic may purchase other businesses or sell components of its business, including, but not limited to, the Website and/or App. In the event Aberythmic purchases another business or sells any component of its business, your Personal Information will continue to be used consistent with the terms of this Privacy Policy.

How to Stop Aberythmic from collecting your Personal Information.

You can stop Aberythmic from collecting your Personal Information by contacting Aberythmic at privacy@aberythmic.com and requesting that Aberythmic stop collecting your Personal Information.  Additionally, you can adjust your web browser settings to limit or turn off Cookies or other tracking techniques, or you can cease use of the Website and/or App.  You may contact Aberythmic with any requests regarding your Personal Information.

Your Obligations.

When using the Website and/or App, you are obligated to inform Aberythmic of any changes to your Personal Information.

Children’s Online Privacy Protection Policy.

The Website and/or App is not intended for or directed to users under the age of 18, and Aberythmic does not knowingly or intentionally collect Personal Information from children under the age of 13 or other minors. Where appropriate, Aberythmic takes reasonable measures to determine that users are adults of legal age and to inform minors not to submit such information to the Website and/or App or in response to advertisements. If you are concerned that Personal Information may have been inadvertently provided to or collected by Aberythmic, please contact us immediately so appropriate steps may be taken to remove such information from Aberythmic’s database.

Contact and Notices.

All questions and concerns regarding this Privacy Policy may be submitted to Aberythmic at:

Aberythmic LLC

8 The Green suite 8296,

Dover, Delaware 19901

privacy@aberythmic.com