SparkCreate Privacy Policy

1. Introduction

This SPARKCREATE LIMITED Privacy Policy (“Privacy Policy”) governs the Personal Data (as defined below) collected from or processed about you when you use the SPARKCREATE LIMITED mobile Weblication (“the Web”), including by downloading, installing, accessing, or otherwise using the weblication (collectively referred to as “Use”).

We provide this Privacy Policy to clearly explain our practices for collecting, using, processing, and disclosing the Personal Data of SPARKCREATE LIMITED users (referred to as “users,” “you,” or “your”). This document also informs you of the rights you may have and the choices you may exercise concerning your Personal Data. Personal Data means (i) information associated with an identified or identifiable natural person, and (ii) any information specifically protected as personal data under applicable data protection laws.

Please read this Privacy Policy carefully to fully understand our privacy practices. We also encourage you to familiarize yourself with our Terms of Service to understand the terms governing our Service provision. If you do not wish for us to process your Personal Data as described in this Privacy Policy, please refrain from using the Web.

2. Company Information

Company Name: SPARKCREATE LIMITED

Registered Address: Rm 701, Unit 127, 7/F, Tower B, New Mandarin Plaza, 14 Science Museum Road, Tsim Sha Tsui, Kowloon, Hong Kong

3. Personal Data We Collect and How We Collect It

We may collect Personal Data from and about you through three primary methods:

• Directly From You: This occurs when you voluntarily provide information to us (e.g., during support inquiries or feature setup).
• Automatically During Use: Information is automatically collected as you Use the Web. This automatically collected data may include Usage details and your Internet Protocol (“IP”) address.
• From Third Parties: Such as our trusted service providers, partners, and vendors who assist in delivering the Service.

4. Personal Data You Directly Provide to Us

You may provide Personal Data directly to us, or to service providers acting on our behalf, depending on the specific features of the Web you Use:

• Uploaded Photos: If you grant us necessary permission to access your device’s camera or photo library, we will process the photos you select to upload to the Web. This is done solely to enable the specific Web features you choose to Use.
• Gender Information for Features: When you use the Magic Avatars feature, we ask you to select the gender identity you wish to be associated with the Avatar (Female, Male, or Other). This information is used only to generate the Avatars in alignment with the indicated gender (e.g., choosing female will result in conventionally more feminine-like Avatars).
• Correspondence and Contact Details: If you contact us for support or communication, we collect records and copies of your correspondence and any contact details provided (such as your name, email address, or phone numbers) to respond to your inquiries.

5. How We Process, Share, and Retain Your Photos and Image Data

We process your photos to deliver the specific Web features you opt to use. When you upload a photo, we utilize technology to process the image and extract data necessary to provide the service, such as face detection, facial key point detection, facial pose estimation, and facial recognition features.

Face Data and Biometrics

Information about faces in the images you upload, specifically data that estimates the location and shape of facial features (“Face Data”), may be considered biometric data depending on your jurisdiction's applicable laws.

• Purpose: We use Face Data only to enhance your photos and generate the AI images you specifically request. SPARKCREATE LIMITED does not process Face Data to identify or authenticate individuals in the images you upload.
• Retention: Your Face Data is only used during the generation process of the requested AI images to ensure accuracy. Once the AI image is successfully generated, all of your Face Data is immediately deleted from our servers.
• Sharing and Training: We do not rent, sell, or share your Face Data (including photos) with any third party outside of the company or its affiliates. We will not use your personal data for training and/or creating separate AI/products. Where mandated by law, we may retain your data for longer than the periods specified above.

6. Personal Data We Collect Automatically

When you Use the Web, we or authorized third parties may automatically collect certain information, which may constitute Personal Data (subject to your consent where legally required). Information collected automatically includes:

• Device Information: Details about your mobile device and internet connection, including your IP address, unique device identifier, operating system and version, mobile network information, device type, and device language.
• Web and Country Information: The version of the Web you are using and the country version of the Web store from which you downloaded the Web.
• Image Data: (as further detailed in Section 5).
• Usage Details: Detailed logs of your Use of the Web, including frequency of Use, areas and features of the weblication you access, and engagement with specific Web features.
• Subscription Information: Details confirming your subscription status, the relationship duration (e.g., subscription order, payment confirmation, cancellation, price & duration), and redacted cardholder data (this excludes your full card details).

Payment Information

Our e-commerce providers are responsible for billing, processing, and charging for in-Web purchases. They handle your personal payment information and maintain its security. This processing is necessary for the performance of the contract between you and us. We cannot access or use your credit or debit card information. You should refer to the applicable “in-Web” purchase rules and policies provided by the Web stores.

Other than with respect to Image Data, we and third-parties we engage may use cookies, Software Development Kits (SDKs), and other tracking technologies to automatically collect the Personal Data set forth above.

7. The Purposes and Our Legal Bases for Processing Your Personal Data

We process your Personal Data based on the following purposes and legal grounds:

• To Provide Service Functionality: We process data to present the Web and its contents and to provide the various features you request (e.g., Photo Editing; Art Styles; and Magic Avatars). Our legal bases for this are your explicit consent (for specific features like Avatars) and the performance of our contractual obligation to deliver the Service.
• Contractual Obligation and Enforcement: We process data to carry out our obligations and enforce our rights arising from any contracts (e.g., the Terms of Service) entered into between you and us. This relies on the performance of our contract with you and our legitimate interests in enforcing our contracts and defending our rights in case of claims.
• Customer and Technical Support: We use data to provide customer and technical support, investigate your concerns, and improve our responses to inquiries. This is based on our legitimate interest to provide you with high-quality support.
• Research, Analytics, and Improvement: We conduct research, analytics, and monitor performance and other metrics regarding the Web and your Use of the Web to improve, test, and monitor the effectiveness of the Web. This processing relies on our legitimate interest in understanding our product and business metrics.
• Other Directed Use: We may use your data in any other way as we may describe when you provide the information or otherwise at your direction or with your consent.
• Legal Compliance: We process data as permitted or required by law, including for auditing, fraud, and security monitoring purposes. This is necessary for our compliance with a legal obligation.

8. To Whom We Disclose Personal Data

We may disclose the information we process about you, including any Personal Data, as follows:

• Service Providers and Business Partners: We disclose your Personal Data to third-party organizations such as contractors, business partners, service providers, and vendors that support our business and assist us in providing the Web.
• Analytics and Advertising Partners: We may disclose your Personal Data to third-party analytics providers and advertising partners or otherwise permit them to collect or access it for measurement and analysis.
• Legal Requests and Harm Prevention: We may access, preserve, and share your information in response to a legal request (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 also includes accessing, preserving, and sharing information when necessary to: (i) detect, prevent, and address fraud and other illegal activity; (ii) protect ourselves, you, and others; and (iii) prevent death or imminent bodily harm.

We utilize third-party analytics tools like Facebook SDK and Adjust to help us measure traffic and usage trends. These tools collect information via third-party SDKs incorporated into the Web, which may be used for providing content, advertising, or functionality. Third parties may also use such information for their own purposes.

• Facebook Privacy Policy: https://www.facebook.com/about/privacy/
• Adjust Privacy Policy: https://www.adjust.com/terms/privacy-policy/

9. Cookies, SDKs, and Other Tracking Technologies

When you Use the Web, we and our service providers, vendors, and partners may use cookies (a small text file) and other similar technologies to collect or receive certain information about you and/or your Use of the Web.

• Interest-based Advertising: We may partner with ad networks and other ad-serving providers that serve personalized ads on non-affiliated platforms. These ads are intended to be relevant to you based on information collected about your Web Use over time. This is known as interest-based advertising.
• Your Choices: Most browsers and devices are configured to accept these technologies automatically. You may be able to set your browser and device options to limit or refuse such technologies. Be aware that disabling these may prevent you from accessing some content and may impair the proper functioning of some parts of the Web.

10. Data Security

We employ reasonable and appropriate information security safeguards to help keep your Personal Data secure and to protect it from accidental loss and unauthorized access, use, alteration, and disclosure. Unfortunately, transmission of information via the internet is not completely secure. While we strive to protect your Personal Data, we cannot guarantee the absolute security of collected information. Any transmission of your Personal Data is at your own risk. We remind you that no technology or measure can guarantee 100% security, and we are not responsible for the circumvention of security measures.

The safety and security of your information also depends on you. We are not responsible for the functionality, privacy, or security measures of any other organization.

11. User Data Processing and Deletion Terms (Google Play Compliance)

You retain full control over your personal data at all times. In accordance with Google Play policy requirements, we provide the following clear data management mechanisms:

Account and Data Deletion Methods

A. In-Web Deletion

You can initiate the permanent deletion of your account and related data by logging in and navigating to "Account Settings" and selecting "Delete Account." Upon successful identity verification, the deletion operation will trigger the following processes:

Immediate cessation of all data collection and processing.

Removal of all identifiable personal service-side data within 72 hours.

Retention of encrypted transaction records for a period of 5 years solely to fulfill tax and regulatory obligations.

B. External Request for Deletion

You can request data deletion without reinstalling the Web through the following methods:

Visit the Web's detail page in the Google Play Store, click the "Request Data Deletion" badge in the "Data Security" area, and complete the required form.

Send an email to our customer service email: yuranialesi@gmail.coml.com, with the subject line marked as Data Deletion Request. The body must include your registered phone number/email and necessary verification information.

12. Children

General Age Limitation: The Web is not intended for or directed at children under 13 years of age. We do not knowingly collect or solicit any information from anyone under the age of 13 or knowingly allow such persons to Use the Web.

If you are under 13, you must not: (i) Use or provide any information in the Web or through any of its features, or (ii) provide any information about yourself to us. If you are a parent or guardian and believe we have inadvertently collected information from your child under the age of 13, please contact us immediately.

13. Third-Party Websites and Services

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

14. Changes to Our Privacy Policy

We may modify or update this Privacy Policy periodically. Some minor changes may not require your consent. However, if we determine that the changes may pose a material risk to your rights and freedoms, we will seek your separate consent to those specific changes, distinct from this Privacy Policy.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region.

16. Contact Us

Should you have any questions, suggestions, or concerns regarding this Privacy Policy or our data practices, please feel free to contact us at: yuranialesi@gmail.com.