Last Updated: 6/6/2024

Introduction

Welcome to BestFaceswap (the “Application”). BestFaceswap is an AI-powered online face swap tool designed to create AI-generated content (“Services”). We prioritize your privacy and are dedicated to protecting and respecting your personal data. We only collect, process, and use your personal information after obtaining your consent to provide our Services.

By downloading, accessing, or using this Application, you agree to this Privacy Policy, which details when, where, how, and why we gather personal data, how we utilize it, the conditions under which we may disclose it, your rights regarding your personal data, and how we ensure its security.

1. Information We Collect

1.1 Information You Provide

  • Photos, GIFs, and Videos: With your consent, we collect photos, GIFs, and videos that you upload from your mobile devices. Note that photos containing faces are automatically deleted once a new video is generated.
  • Facial Features: We gather facial feature data separately from your photos solely to provide the face-editing features of the Application. This data is not considered biometric.
  • Email Address: We collect your email address during registration and use it to send a verification code to complete the process.

1.2 Information Collected Automatically

  • Usage Details: This includes data such as traffic information, logs, and other communication data, along with the resources you access and use within the Application.
  • Device Information: We may collect details about your mobile device and internet connection, including the device’s unique identifier, operating system, browser type, and mobile network information.

2. Methods of Collection

When you download, access, and use the Application, we may collect information using various methods. The technologies used for automatic information collection come from third parties, including:

  • Cookies and Similar Technologies: Similar to many online services and mobile apps, we use cookies—small pieces of code that remain on your device after visiting websites and online services. These enable the website or app to provide you with customized information on your subsequent visits.
  • Web Beacons: The Application’s pages may contain small electronic files known as web beacons (also called clear gifs, pixel tags, and single-pixel gifs) that help us count users who have visited those pages and gather other related statistics.

3. Usage of Your Information

3.1 Rights and Ownership

We retain all rights, title, and interest (including intellectual property rights) in and to the Application and the technology, systems, and software used to provide it. You retain all intellectual property rights to the materials you upload and the content you create through the Application.

3.2 Utilization of Information

We use your information, excluding photos and facial features, to:

  • Provide you with the Application and its content, and any other information, products, or services you request.
  • Fulfill any other purpose for which you provide the information.
  • Fulfill our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
  • Notify you about Application updates and changes to any products or services we offer.

3.3 Usage and Device Information

The usage and device information we collect helps us improve our Application and deliver a better and more personalized experience by enabling us to:

  • Estimate our audience size and usage patterns.
  • Store information about your preferences, allowing us to customize our Application according to your individual interests.
  • Speed up your searches.
  • Recognize you when you use the Application without registration.

If we decide to change the purposes of processing specified above, we will inform you of such changes and ask for your separate consent if required by applicable laws.

4. Third-Party Information Collection

4.1 Third-Party Data Collection

When you use the Application, certain third parties may use automatic information collection technologies to collect information about you or your device. Third parties that we use to collect data regarding Application users include:

  • Firebase Crashlytics (https://firebase.google.com): Helps track, prioritize, and fix Application stability issues.

These third parties may use tracking technologies to collect information about you when using this Application.

4.2 Third-Party Control

We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

5. Data Retention and Transfer

5.1 Data Storage

Created content will be stored for 7 days (24 hours a day), while the photos, GIFs, or videos you directly upload for face-editing will be stored on a remote server in Hong Kong and exclusively during your use of the Services. This retention makes it convenient for you to quickly access the created content if you close and reopen the Application during the processing and for your repeated use of the Services.

5.2 Data Location

The Application is maintained in the Hong Kong Special Administrative Region (“HKSAR”), and data stored in the HKSAR may be subject to lawful requests by local courts or law enforcement authorities. Any information you provide via the Application may be stored, processed, transferred between, and accessed from the HKSAR and other districts or countries, which may not guarantee the same level of protection as the one in which you reside. You explicitly consent and agree to such transfer, storage, and/or processing of your information outside the district or country in which you reside.

5.3 EU Residents

If you are from the EU, it is important for you to know that the transfer of your data to recipients in these countries is secured either by participation on the basis of standard contractual clauses adopted by the European Commission and compliant with EU data protection laws. By using our Services, you agree to such transfer and processing within the purposes set herein.

6. Disclosure of Your Information

We may disclose personal information that we collect or you provide without restriction under these circumstances:

  • To our subsidiaries and affiliates.
  • To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our Application users is among the assets transferred.
  • To fulfill the purpose for which you provide it.
  • For any other purpose disclosed by us when you provide the information.
  • With your consent.
  • To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
  • To enforce our rights arising from any contracts entered into between you and us.
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of us, our customers, or others.

7. Managing or Erasing Your Information

7.1 Access and Portability

You have the right to access your personal data and the right to data portability. This means you have the right to request a copy of your personal data in a structured, commonly used, and machine-readable format.

7.2 Rectification

You have the right to request the rectification of your personal data. This means you can require all inaccurate personal data concerning you to be corrected. You can also complete your personal data if needed.

7.3 Withdrawal of Consent

You can withdraw your consent for the collection and processing of your personal data by us at any time by contacting us at: [email protected], without affecting the lawfulness of processing based on consent before its withdrawal. After we receive such withdrawal request from you, we will process it in a timely manner and will no longer process your personal data, unless otherwise required by law.

7.4 Sharing Content

You may share content you create using the Application, including photos, GIFs, and videos (“User Content”), for publication or display on social media networks and other websites you access from the Application. We cannot control the actions of third parties with whom you may choose to share your User Content. Therefore, we cannot and do not guarantee that your User Content will not be viewed by unauthorized persons, and we have no control or liability regarding how your User Content may be used by others once you have posted or otherwise transmitted it. Therefore, your User Content is posted and transmitted to others at your own risk.

7.5 Erasing Data

We provide you with the ability to erase your data. You can erase your uploads at https://www.bestfaceswap.ai/my/uploads, your creations at https://www.bestfaceswap.ai/my/creations, and your faces at https://www.bestfaceswap.ai/my/faces.

When you delete your account, we delete all associated data. To delete your account at any time, please contact us at: [email protected].

8. European Privacy Rights

8.1 GDPR Compliance

If you are a resident of the European Union, you will benefit from any mandatory provisions of the law of the country where you reside. You may have certain additional rights with respect to your personal information under the General Data Protection Regulation (Regulation (EU) 2016/679) (the “GDPR”). Nothing in this Agreement affects your rights to rely on such mandatory provisions of local law.

8.2 Exercising Your Rights

You may contact us at [email protected] to exercise any of the above rights. We may request specific information from you to confirm your identity, and in some circumstances, we may charge a reasonable fee for access to your information.

8.3 Complaints

If you believe that our processing of your information is inconsistent with your data protection rights under the GDPR and we have not adequately addressed your concerns, you have the right to lodge a complaint with the data protection supervisory authority of your country.

9. Children’s Policy

9.1 General Age Limitation

The Application is not intended for children under 18 years of age, and we do not knowingly collect personal information from children under 18 (this age may vary due to local regulatory requirements). If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us at [email protected].

9.2 EU Age Limitation

Due to the requirements of the EU General Data Protection Regulation, you must be at least 18 years old to use our Services. To the extent prohibited by applicable law, we do not allow use of the Service by EU residents younger than 18 years old, unless with parental/guardian permission.

10. Changes to Our Privacy Policy

We may update our privacy policy from time to time to provide our services properly and comply with applicable laws. Additional notifications will be displayed or otherwise communicated to you. Please periodically visit this privacy policy page to check for any changes. If, within a reasonable time after notifications of updates, you continue to use the Services, it will be considered as having accepted all the amendments made, unless there is an obligation imposed on the Application by applicable law to obtain your explicit consent to the amendments.

11. How to Contact Us

To ask questions or comment about this privacy policy and our privacy practices, contact us at: [email protected].