Privacy Policy

Overview

This document is a legal document and constitutes the Privacy Policy (or "Privacy Notice" as may be required by local law) for Mediart and our website (mediart.ai). This policy is drafted in accordance with the EU General Data Protection Regulation (Regulation (EU) 2016/679, "GDPR"), the European Economic Area ("EEA") data protection framework, Brazil's Lei Geral de Proteção de Dados ("LGPD"), Mexico's Ley Federal de Protección de Datos Personales en Posesión de los Particulares ("LFPDPPP"), Peru's Personal Data Protection Law (Law No. 29733), and other relevant Latin American data protection legislation (collectively, the "Applicable Data Laws").

Each time you use our website, software, or mobile applications, you fully accept and agree to be bound by the following policy. Please review the terms below carefully.

Definitions

"We" and "our" refer to Mediart and the operator of our website (mediart.ai). A "Visitor" is an individual who merely browses our website. A "Member" is an individual who has registered for our software to use our services. "User" is a collective term referring to Visitors, Members, or anyone who has downloaded our mobile applications to use our services.

This privacy notice describes the types of information we may collect or receive and how we may use that information. The information we collect includes personal and non-personal information, as defined below.

This privacy notice also describes the measures we take to safeguard personal information. It also informs you about how to contact us to request that we (i) access, modify, or stop using the personal information you have provided to us, (ii) withdraw any consent previously given to us, and (iii) answer any questions you may have regarding our privacy practices.

Your Consent

By using our website, you consent to our collection and use of this information in accordance with our Privacy Notice (and any amendments made from time to time). If we decide to change our privacy practices, we will post those changes on this page so that you are always aware of what data we collect, how we use it, and under what circumstances we disclose it. Please check this page periodically for changes to ensure you are aware of our latest privacy practices.

Your Privacy

We are committed to respecting your privacy. We recognize that when you choose to provide us with your information, you trust us to act responsibly. To that end, we have established policies to protect your personal information. You can visit and browse our website at any time without providing any personal information. Please read on for more details about our privacy practices.

How We Collect and Use Personal Information

Personal information is data that can be used to uniquely identify or contact a single individual. You may choose to provide us with personal information when using our website. As we may change functionalities from time to time, the options for providing us with personal information may also change, but here are some examples of situations where you might decide to provide us with personal information:

  • Contacting us for any reason, e.g., via email, including to seek customer support;
  • Using our website or services when the use of or participation in a feature requires personal information.

The personal information we collect from you will vary depending on the services you use, the websites you visit, and how you access them. However, the personal information you provide generally may include:

  • Email address, full name, postal code, country/region, telephone number (which may include mobile number), billing address, and other payment information (depending on how you purchase products from us);
  • Details of any requests or transactions you make through the services. All payment information you submit is collected and used by our payment processors in accordance with their privacy policies. Except for the last four digits of your account number, expiration date, and country/region (which we need for tax, government regulation, and security purposes), we do not store your payment information;
  • Activity information arising from your interaction with mediart.ai (e.g., your IP address, the type of device or browser you use, and your actions on the website); and
  • Communications you send to us (e.g., when you seek support, send us questions or comments, or report a problem).
  • If you have an account and with your consent, we will receive images, videos, and audio recordings that you upload.
  • The website will process the images, videos, and audio recordings you upload, including images containing human faces, and the enhanced photos/videos generated by the website.
  • Google account information (including name and email address) when you use Google login, which is only used for creating your application account and sending service notifications. Data is stored on encrypted servers and will not be shared with third parties.

The AI video generation and editing technology implemented on this website is not designed to uniquely identify or verify individuals in images, nor have we trained the technology for this purpose. This means we only use the website to enhance images/videos containing faces or other content shared by users and will not use it for any unlawful purposes.

Since we directly ask you for personal information in these instances, you will generally know what types of information we receive from you based on our specific requests. The purposes for which we collect this information include:

  • Understanding your needs to provide you with better service.
  • Providing you with services purchased through the website and processing your payment.
  • Statistical and analytical purposes for administering the website or improving our products and services.
  • Internal record keeping, administrative purposes, and (as mentioned above) informing you about activities, services, products, or other relevant information we think you may find interesting.
  • Communicating marketing messages, newsletters, and details about our business or selected third-party businesses via mail, email, or similar technologies (you can inform us at any time if you no longer require marketing messages).
  • We may also use your information to contact you from time to time for market research purposes or to customize the website according to your interests.
  • To improve functionality within Mediart and other AI video generation applications offered by us and our subsidiaries, and to provide better video editing and generation services (e.g., by using your videos and images to train and validate the AI video generation algorithms we provide in Mediart and other similar mobile and web applications, and by analyzing and annotating your images to improve the performance of our editing and generation features).

How We Collect and Use Non-Personal Information

We also collect non-personal information—data in a form that cannot be directly associated with any specific individual. We may collect, use, and process non-personal information for the purpose of improving our services. For example, when you use our website, we may collect relevant data from "commercial electronic mail messages" and "transactional or relationship messages" (as defined by the U.S. Controlling the Assault of Non-Solicited Pornography and Marketing Act, CAN-SPAM Act, 15 U.S.C. 7702 et. seq.) sent to your email account. We collect such commercial transactional messages to better understand the behavior of senders of such messages and to better understand new spamming techniques, thereby improving our products and services.

Information Collected by Automated Means

When you visit our website, we may obtain certain personal and non-personal information by automated means. The types of information we collect automatically may vary but generally include technical information about your device, such as your IP address or other device identifiers. The information we collect may also include usage and statistical information about your interaction with the website. This may include the URLs of our web pages you visited, URLs of referring and exit pages, page views, time spent on a page, click counts, platform type, and other information about how you use our website.

If you access our website using a mobile device, we will receive information about your device's location. In some cases, even if you are not using a mobile device, approximate location information may be inferred from your device's IP address or the URLs we receive.

We use information collected by automated means to understand our users and determine their preferences. Accordingly, we can develop and deliver new or modified services and make improvements aligned with user preferences.

Below are some types of automated data collection that may occur when you use our website:

  • Web Browsers: When you visit our website, your browser automatically sends us your Internet Protocol ("IP") address so that the web pages you request can be sent to your computer or device. We use your IP address to determine other information, such as whether that computer or device has been used to visit our website before, which website features are most used, and how much time is spent on a page.
  • Cookies: For more information on the collection and use of cookies, please see our Cookie Policy page.

Sharing of Information

We may share information about you as described in this Privacy Policy or in the following ways:

  • With vendors, credit card processors, customer system administrators, and other service providers who assist us in operating the website, conducting our business, or providing services to you, provided that these third parties agree to keep such information confidential in accordance with the EU General Data Protection Regulation (for EU/EEA Users) or the LGPD/LFPDPPP (for Latin American Users);
  • In response to a request for information if we believe disclosure is in accordance with, or required by, any applicable law, regulation, or legal process;
  • If we believe your actions are inconsistent with our user agreements or policies, or to protect the rights, property, and safety of Mediart or others;
  • In connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business by another company; and
  • With your consent or at your direction.

EU/EEA Specific Rights

  • Right to Lodge a Complaint: Lodge a complaint with your local EU/EEA data protection authority (e.g., the Data Protection Commission in Ireland, the DPA in Germany).
  • Right to Information on Automated Decision-Making: If we use automated decision-making (including profiling) that produces legal effects concerning you or similarly significantly affects you, you have the right to obtain human intervention, receive an explanation, and challenge the decision.
  • Right to Compensation: Claim compensation for damages caused by our breach of the GDPR.

Latin America Specific Rights

  • Brazil (LGPD): In addition to core rights, you have the right to: (i) define post-mortem instructions regarding the storage, disclosure, or deletion of your personal information; (ii) receive information about the possibility of denying consent and its consequences. You also have the right not to be subject to decisions based solely on automated processing.
  • Peru: The right to be informed of indirect sources of data and to request the deletion of data collected from minors without proper authorization.
  • Mexico: The right to access, rectify, cancel, and oppose the processing of your personal information (ARCO rights).

Your Choices

In some cases, you may have choices regarding how we use and disclose your personal information. For example, we will obtain your consent before using your personal information for purposes incompatible with those described in this notice.

You may also choose not to provide the information we request, as described in the "Information You Provide to Us" section of this notice. In some cases, if you decide not to provide information, we may be unable to grant you access to the website as requested, or we may be unable to provide you with the services, features, or information you have requested.

In some cases, you may stop or restrict the collection of information by automated means. Please review the section titled "Information Collected by Automated Means" for more information on how to stop or restrict our receipt of that information.

You may close your account by submitting a verifiable request to our support personnel (support@mediart.ai). We will delete the personal information we have collected about you.

You may also exercise and modify your choices by emailing our support personnel at support@mediart.ai.

How We Protect Personal Information

We have implemented measures designed to protect your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on secure servers behind firewalls.

Please note, however, that the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our website; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to prevent unauthorized access.

Storage Location and Cross-Border Transfers

  • EU/EEA Storage: We prioritize storing the personal information of EU/EEA users within the EU/EEA. When transfers outside the EU/EEA are necessary, we use lawful and effective mechanisms approved by the European Commission:
    • Standard Contractual Clauses (SCCs): The 2021 EU SCCs for controller-to-processor and transfers to third countries.
    • Adequacy Decisions: Transfers to countries recognized as providing an adequate level of protection (e.g., EU-U.S. Data Privacy Framework, UK adequacy decisions).
  • Latin America Storage: Data may be stored in Latin America or other jurisdictions. For Brazil (LGPD), cross-border transfers use SCCs or other recognized safeguards. For Mexico/Peru, transfers comply with local adequacy or contractual requirements and align with GDPR standards.
  • GDPR-Specific Provisions: We maintain records of all cross-border transfers and will provide them to EU/EEA data protection authorities upon request.

Links to Other Websites

Our website provides links to other websites. We do not control and are not responsible for the content or practices of these other websites. Providing such links does not constitute our endorsement of these other websites, their content, their owners, or their practices. This Privacy Policy does not apply to these other websites, which are governed by any privacy and other policies they may have. You should act cautiously and review the privacy policies of any website, service, or third-party provider accessed from our website or products to understand their information practices, which may differ significantly from ours.

Children's Privacy

Our website is not directed at children, and we do not knowingly collect personal information from children. If we learn that we have inadvertently received personal information from a user under the age of 13, we will delete that information from our records.

Updates to the Privacy Notice

This privacy notice may be updated periodically to reflect changes in our information practices or relevant laws. We will indicate the date of the update at the top of this notice. Please review this notice each time you visit or use our website to ensure you have reviewed the most current version.

How to Contact Us

If you have any questions or comments about this privacy notice, or if you would like us to update information we have about you or your preferences, please contact us at support@mediart.ai.

Third-Party Services

Some of our products (e.g., certain features of Mediart) may use third-party API services to enable users to upload or publish content directly from the product to third-party platforms.

Third-Party Privacy Policies

1. Privacy When Uploading to Third-Party Platforms

When uploading content to third-party platforms (e.g., YouTube) through Mediart products, the privacy policy of that platform applies to the media uploaded to that platform. You can review their privacy policy on the respective platform.

2. Revoking Access to Third-Party Platform Data

You can revoke Mediart software's access to your data at any time via the security settings page of the respective platform (e.g., Google).