Facemoji Privacy Policy

This Privacy Policy describes the policies and procedures of Omnipresence, Inc. d/b/a Facemoji ("we", "our" or "us") on the collection, use and disclosure of your information on (the "Site"), our mobile applications, and the services, features or content we offer (collectively with the Site, the "Services"). We receive information about you from various sources, including: (i) our mobile applications; (ii) if you register for the Site and the Services, through your user account on the Services (your "Account"); (iii) your use of the Services generally; and (iv) from third party websites and services. When you use the Services, you are consenting to the collection, transfer, manipulation, storage, disclosure and other uses of your information as described in this Privacy Policy.

What Does This Privacy Policy Cover?

This Privacy Policy covers the treatment of personally identifiable information and personal data, both as defined in applicable laws ("Personal Information") gathered when you are using or accessing the Services. This Privacy Policy also covers our treatment of any Personal Information that our business partners share with us or that we share with our business partners.

This Privacy Policy does not apply to the practices of third parties that we do not own or control, including but not limited to any third party websites, services and applications ("Third Party Services") that you elect to access through the Service or to individuals that we do not manage or employ. While we attempt to facilitate access only to those Third Party Services that share our respect for your privacy, we cannot take responsibility for the content or privacy policies of those Third Party Services. We encourage you to carefully review the privacy policies of any Third Party Services you access.

What Information Do We Collect?

Our privacy policy is generally not to collect, store, or share any Personal Information, except as described below.

Personal Information in Account Information and in User Content. hen you subscribe for updates on our Services or when you register for the Services, we ask for your email address. We urge you not to use an email which allows us to identify you as an individual. As an example, your business email address with your full name usually allow us to identify you as an individual. If you anyway choose to register with such email address, the email address will qualify as Personal Information. If you give us any other information which allows us to identify you as an individual when registering for the Account or as part of your User Content (as defined below), these will also qualify as Personal Information. Any such identifying information, together with information about your use of our Services, including the Account Information and User Content will be treated as Personal Information as described herein.

Even if your information does not qualify as Personal Information, we treat such information in accordance with this Privacy Policy, except that the Personal Information related rights will be available to you at our discretion only. This applies in particular to the following information which we gather in order to personalize, improve and continue to operate the Services. We collect the following types of information from our users.

Universally Unique Identifier. Our applications may track you by storing a so-called universally unique identifier ("UUID") for analytics purposes or for storing your preferences. This identifier is generated upon installation of our mobile application(s), it persists between application launches and updates, but it is lost when you delete our mobile application. A reinstall generates a new UUID.

User Content. Some features of the Services, including our mobile applications, require use of your device’s camera and sensors and automatically collect and provide content to the Services, including but not limited to (1) images, videos, audios, facial tracking data (including True Depth API data, which are used to drive the 3D avatar) and other biometric information recorded by the camera and information from sensors in your mobile device (collectively, "User Content"). All content submitted by you to the Services may be retained by us indefinitely in accordance with the license you granted to us under the Terms of Service, even after you terminate your account, and we may continue to use such information in accordance with this Privacy Policy. We may also continue to disclose such content to third parties in a manner that does not reveal Personal Information, as described in this Privacy Policy.

We may also continue to disclose such content to third parties in a manner that does not reveal Personal Information, as described in this Privacy Policy. We use automated systems to analyze the User Content using techniques such as machine learning to improve our Services. This analysis may occur on the device or as the User Content is sent, received, or when it is stored on our servers.

Account Information. When you create an Account, you will provide information that could be Personal Information, such as your username, password and email address. You acknowledge that this information may be personal to you, and by creating an account on the Services and providing Personal Information to us, you allow others, including us, to identify you and therefore may not be anonymous. We may use your contact information to send you information about our Services, but only rarely when we feel such information is important. You may unsubscribe from these messages through your Account settings, although we, regardless, reserve the right to contact you when we believe it is necessary, such as for account recovery purposes.

IP Address Information and Other Information Collected Automatically:

Information Collected Using Cookies:

Information Related to Advertising and the Use of Web Beacons:

To support and enhance the Services, we may serve advertisements, and also allow third parties advertisements, through the Services. These advertisements are sometimes targeted and served to particular users and may come from third party companies called "ad networks." Ad networks include third party ad servers, ad agencies, ad technology vendors and research firms.

Advertisements served through the Services may be targeted to users who fit a certain general profile category and may be based on anonymized information inferred from information provided to us by a user, including Personal Information (e.g., gender or age), may be based on the Services usage patterns of particular users, or may be based on your activity on Third Party Services. We do not provide Personal Information to any ad networks for use outside of the Services.

To increase the effectiveness of ad delivery, we may deliver a file (known as a "web beacon") from an ad network to you through the Services. Web beacons allow ad networks to provide anonymized, aggregated auditing, research and reporting for us and for advertisers. Web beacons also enable ad networks to serve targeted advertisements to you when you visit other websites. Because your web browser must request these advertisements and web beacons from the ad network’s servers, these companies can view, edit or set their own cookies, just as if you had requested a web page from their site.

Aggregate Information. We collect statistical information about how both unregistered and registered users, collectively, use the Services ("Aggregate Information"). Some of this information is derived from Personal Information. This statistical information is not Personal Information and cannot be tied back to you, your Account or your web browser.

Information Regarding Your Social Networks: Occasionally, you can use your Account on our Services to interact with your accounts on other services, such as Facebook or Twitter. In addition to using your third party account credentials to sign in to the Services, you can access posting and sharing tools on the Services, including a "share" button that allows you to post information to your social networks outside of the Services ("Share"). For example, after making a reservation on the Services, you can Share information about that reservation with your Facebook friends or Twitter followers. Please note that these tools may be operated by Third Party Services.

By using these tools, you acknowledge that some Third Party Account Information may be transmitted into your Account with us, and that Third Party Account Information transmitted to our Services is covered by this Privacy Policy. Additionally, when you use one of these sharing tools, the Third Party Service that operates the tool may be collecting information about your browser or online activity through its own tracking technologies and subject to its own privacy policy. Lastly, when you use these tools, some of your information from the Services (such as the reservation information you selected to Share) may be shared with the Third Party Service and others. Therefore, we encourage you to read the privacy policies and other policies of the social networks you use in connection with the Services.

How We Use Information That We Collect (Purpose of the processing). We use the information we collect about you (including Personal Information, to the extent applicable) to (a) enable you to access and use the Services including to update you on development in our Services and invite you to join the Services; (b) process and complete transactions, and send you related information, including purchase confirmations and invoices (if applicable); (c) send transactional messages, including responses to your comments, questions, and requests; provide customer service and support; and send you technical notices, updates, security alerts, and support and administrative messages; (d) send promotional communications, such as providing you with information about products and services, features, surveys, newsletters, offers, promotions, contests, and events; and provide other news or information about our Services; (e) exploit the license to your User Content granted to us under the Terms of Service, in particular to promote and improve our Services; (f) monitor and analyze trends, usage, and activities in connection with the Site and Services and for marketing or advertising purposes; (g) investigate and prevent fraudulent transactions, unauthorized access to the Services, and other illegal activities; (h) personalize the Site; (i) improve the Services, including with the assistance of the machine learning; (j) comply with our legal obligations, including our obligations related to Personal Information protection; and (k) protect our rights, property or safety, our users and the public.

Legal grounds for processing We process your information for the purposes described in this Privacy Policy, based on the following legal grounds:

  1. When we’re updating you about the Services at your request. When you register for early access or for our newsletter, we understand you are interested in our Services. This means that we process your information for things like: updating you on development in our Services and inviting you to join the Services when appropriate. We process your information under this legal ground until you register for the Services or refuse to register or unsubscribe from further information.
  2. When we’re performing the contract between you and us under the Terms of Service. By accepting the Terms of Service, you entered into a contract with us and we need to use your information to perform such contract. This means that we process your information for things like: Enabling you to access and use the Services; processing transactions and sending you related information; sending you transactional messages; providing customer service and support; exploiting the license to your User Content; and personalizing the Site and Services. We process your information under this legal ground until the termination of your contract with us.
  3. When we’re pursuing legitimate interests. We process your information for our legitimate interests and those of third parties. This means that we process your information for things like: Sending promotional communications; exploiting the license to your User Content; monitoring and analyzing trends, usage, and activities in connection with the Site and Services; investigating and preventing fraudulent transactions, unauthorized access to the Services, and other illegal activities; personalizing the Site and Services; protecting our rights, property or safety, our users and the public. We process your information under this legal ground until the legitimate interest lasts and overrides your privacy rights (if applicable).
  4. When we’re complying with legal obligations. We’ll process your data when we have a legal obligation to do so, for example, if we’re responding to legal process or an enforceable governmental request. We process your information under this legal ground until the legal obligation lasts.

How, and With Whom, Is My Information Shared? The Services are designed to help you share information with others. As a result, some of the information generated through the Services is shared publicly or with third parties.

Public Information About Your Activity on the Services:

Some of your activity on and through the Services may be public. This may include, but is not limited to, content you have posted publicly on the Site or otherwise through the Services.

Registered users may have some of this information associated with their Accounts. Unregistered users will not have this association, but information concerning their use of the Services (such as what pages they have visited) may be tracked anonymously through the use of cookies and stored by us.

Please also remember that if you choose to provide Personal Information using certain public features of the Services, then that information is governed by the privacy settings of those particular features and may be publicly available. Individuals reading such information may use or disclose it to other individuals or entities without our control and without your knowledge, and search engines may index that information. We therefore urge you to think carefully about including any specific information you may deem private in content that you create or information that you submit through the Services.

IP Address Information. While we collect and store IP address information, that information is not made public. We do at times, however, share this information with our partners, service providers and other persons with whom we conduct business, and as otherwise specified in this Privacy Policy.

Information You Elect to Share. You may access other Third Party Services through the Services, for example by clicking on links to those Third Party Services from within the Site. We are not responsible for the privacy policies and/or practices of these Third Party Services, and you are responsible for reading and understanding those Third Party Services’ privacy policies. This Privacy Policy only governs information collected on the Services.

Aggregate Information. We share Aggregate Information with our partners, service providers and other persons with whom we conduct business. We share this type of statistical data so that our partners can understand how and how often people use our Services and their services or websites, which facilitates improving both their services and how our Services interface with them. In addition, these third parties may share with us non-private, aggregated or otherwise non Personal Information about you that they have independently developed or acquired.

Email Communications with Us. As part of the Services, you may occasionally receive email and other communications from us, such as communications relating to your Account. Communications relating to your Account will only be sent for purposes important to the Services, such as password recovery.

User Profile Information. User profile information including your username and other information you enter may be displayed to other users to facilitate user interaction within the Services. We will not directly reveal user email addresses to other users.

Information Shared with Our Agents. We employ and contract with people and other entities, including our affiliates, that perform certain tasks on our behalf and who are under our control (our "Agents"). We may need to share Personal Information with our Agents in order to provide products or services to you. Unless we tell you differently, our Agents do not have any right to use Personal Information or other information we share with them beyond what is necessary to assist us. You hereby consent to our sharing of Personal Information with our Agents.

Information Disclosed Pursuant to Business Transfers. In some cases, we may choose to buy or sell assets. In these types of transactions, user information is typically one of the transferred business assets. Moreover, if we, or substantially all of our assets, were acquired, or if we go out of business or enter bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of us or our assets may continue to use your Personal Information as set forth in this policy.

Information Disclosed for Our Protection and the Protection of Others. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce this Privacy Policy and our Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect our rights, property or safety, our users and the public. This includes exchanging information with other companies and organizations for fraud protection and spam/malware prevention.

Information We Share With Your Consent. Except as set forth above, you will be notified when your Personal Information may be shared with third parties, and will be able to prevent the sharing of this information.

Is Information About Me Secure? Your Account information will be protected by a password for your privacy and security. You need to prevent unauthorized access to your Account and Personal Information by selecting and protecting your password appropriately and limiting access to your computer and browser by signing off after you have finished accessing your Account.

We seek to protect Account information to ensure that it is kept private; however, we cannot guarantee the security of any Account information. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.

We otherwise store all of our information, including your IP address information, using industry-standard techniques. We do not guarantee or warrant that such techniques will prevent unauthorized access to information about you that we store, Personal Information or otherwise.

What Rights Do I Have? To the extent your information qualifies as Personal Information, you may have certain rights related to your information. The scope of your rights may vary depending on the country where you reside. Certain rights will only be available to residents of the European Economic Area (“EEA”). Unless any of the following rights is mandatory, we will comply with such right only at our discretion:

  1. Upon request, we will provide you with information about whether we hold and otherwise process, any of your Personal Information. To request this information please contact us at hello@facemoji.co.
  2. Upon request, we will correct inaccuracies, amend, restrict the processing of or delete your information stored or processed by us. We will retain your information as necessary to comply with our legal obligations and to pursue our legitimate interests.
  3. If you reside in EEA and provided us with your information based on a contract with us, you may ask us to export such personal information in a structured, commonly used and machine-readable format and you have the right to transmit those data to another controller. To request such export please contact us at hello@facemoji.co.
  4. If you reside in EEA, you may object to the way and scope how we process your information and we will stop such processing unless we show compelling legitimate grounds overriding your privacy rights or unless required for pursuing our legal claims. To raise the objection please contact us at hello@facemoji.co. You can object to receiving of marketing and non-transactional communications also by clicking on the “unsubscribe” link located on the bottom of our marketing emails.
  5. If you reside in EEA, we will restrict processing of your Personal Information as required under applicable laws.
  6. If you reside in EEA, you may lodge a complaint with a local supervisory authority if you consider that our processing of your Personal Information relating infringes applicable data protection laws. We would be happy if you reach to us before filing the complaint.

How Can I Delete My Account? Should you ever decide to delete your Account, you may do so by emailing hello@facemoji.co. If you terminate your Account, any association between your Account and information we store will no longer be accessible through your Account. However, given the nature of sharing on the Services, any public activity on your Account prior to deletion will remain stored on our servers and will remain accessible to the public.

What Choices Do I Have Regarding My Information?

  1. You can use many of the features of the Services without registering, thereby limiting the type of information that we collect.
  2. You can always opt not to disclose certain information to us, even though it may be needed to take advantage of some of our features.
  3. You can delete your Account. Please note that we will need to verify that you have the authority to delete the Account, and activity generated prior to deletion will remain stored by us and may be publicly accessible.

What Happens When There Are Changes to this Privacy Policy? We may amend this Privacy Policy from time to time. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is used. If we make changes in the way we collect or use information, we will notify you by posting an announcement on the Services or sending you an email. A user is bound by any changes to the Privacy Policy when he or she uses the Services after such changes have been first posted.

What If I Have Questions or Concerns?

Users outside U.S. and EEA: Please be advised that your information may be processed in the country in which it was collected and in other countries, including the United States, where laws regarding processing of Personal Information may be less stringent than the laws in your country. If you have concerns about our processing of your Personal Information, please do not use the Services.

California Privacy Rights: Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice identifying the categories of personal customer information which we share with our affiliates and/or third parties for marketing purposes, and providing contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please submit a written request to the following address: Omnipresence, Inc., 330 East 59th Street, 7th Floor, New York NY 10021, Attn: Legal.

Users and authorities in EEA: We have appointed our Czech affiliate as our representative in EU for issues related to processing of Personal Information.

If you have any questions or concerns regarding your privacy when using the Services, please send us a message to hello@facemoji.co. We will make every effort to resolve your concerns.

Contact. You may contact us at the following address:

Omnipresence, Inc.
330 East 59th Street, 7th Floor
New York, NY 10021
United States

Effective Date: 12/6/2018, 12:25:04 PM