Privacy Policy

Welcome to ImageWith (the “Platform”). The Platform is provided and controlled by Vivalive (Hong Kong) Limited( “we”，“us”,“our”). This Privacy Policy (the “Policy”) sets out the basis on which any information we collect from you, or that you provide to us, will be processed by us. Please read the following contents carefully to understand our practices regarding your information. By accessing or using the Platform, services, and content (collectively, the “Services”), you acknowledge the practices described in the Policy. For purposes of the Policy, “you” and “your” means you as the user of the Services. IF YOU DO NOT AGREE WITH ANY TERM IN THIS POLICY, PLEASE DO NOT USE OUR SERVICES.

To give you an overview, this Privacy Policy is structured as follows:

1. What Information We Collect
2. How We Collect Your Information
3. How We Use Your Personal Information
4. Use of Cookies and Similar Technologies
5. Storage and Retention of Your Information
6. How We Share Your Information
7. How We Protect Your Information
8. Your Rights
9. Minor’s/Children’s Privacy
10. Modification of This Policy
11. How to Contact Us

1.What Information We Collect

Account login. Some functions and services of the Platform can only be used in the login state. When you register or log in with your email, we will collect your email information; when you log in with a third-party platform account (such as Google account、AppleID), after your account login authorization, we will collect some information of your third-party platform account, such as account ID, nickname and profile picture.

Information about your use of the Platforms. We may collect information about your operation on the Platforms, mainly including information that you click, browse, upload, download, your usage record, or any other information provided during your use of our Services, so that we could provide you with the functions of the Platforms.

Feedback information. When you contact us for feedback or customer service, we will collect the information and material that you submitted, your contact information (such as your phone number, email address), so that we could contact you and answer your questions or provide other customer services to you.

In order to realize image processing quickly and accurately, we may need to upload the material or material tags to be processed to the cloud server for effect processing. The uploaded materials or tags are only used for image effect processing through related functions. We will not store the materials, tags and any related information for more than necessary time, or use them for any other purpose besides this, or Provide to third parties.

2.How We Collect Your Information

We collect information in different ways.

We collect information directly from you. We collect information directly from you when you provide or feedback to us.

We collect information from you passively. We use tracking tools like browser cookies and web beacons (see below for details) for collecting information about your usage of our Platforms.

3.How We Use Your Personal Information

We may use the information you have provided pursuant to this Policy to provide our Services, or to communicate with you. Specifically, we may use your information for the following purposes:

•We use information to improve our Services. We use your information to help us create, develop, operate, deliver, and improve our Services. For example, we might look at usage trends to make sure the Platforms is easy to use.

•We use information for security purposes. We may use information for network security purposes, including in order to protect our Services for the benefit of all our users. We may use your information for security prevention, customer security services, etc.

•We use information to send important notices. Such as changes to our terms, conditions, and policies.

•We store and maintain your information for our legal obligations. For example, we may record, audit, analyze and dispose your information according to applicable laws in case of emergency.

4.Use of Cookies and Similar Technologies

When you use our Services, certain information may be stored locally on your device using“cookies” or similar technologies such as web beacons.

4.1 Cookies.

A cookie is a small text file or data file used to store limited information about the user of the device and is stored on your device. If you are uncomfortable with cookies, you can decline cookies at any time by modifying your browser settings. Most browsers are set to accept cookies automatically. You can set your browser to decline all cookies automatically or to prompt you for a response each time a cookie is offered.

4.1.1 Type of cookies we use

We use the following cookies:

• Strictly necessary cookies. These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services.
• Functionality cookies. These are used to recognize you when you return to our website. This enables us to personalize our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
• Analytical or performance cookies. These allow us to recognize and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
• Marketing or Targeting cookies. These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests.

4.1.2 Third Party Cookies

Please note that the following third parties may also use cookies, over which we have no control. These named third parties may include, for example, advertising networks and providers of external services like web traffic analysis services. These third-party cookies are likely to be analytical or performance or targeting cookies.

COOKIE NAME Google Analytics

PURPOSE Collect anonymized statistics in order to improve the Site

MORE INFORMATION http://www.google.com/policies/privacy/partners

4.1.3 Managing Your Preferences

If you want to restrict or block the cookies that are set by our website, you can do so through your browser settings. Alternatively, you can visit www.internetcookies.org, which contains comprehensive information on how to do this on a wide variety of browsers and devices. You will find general information about cookies and details on how to delete cookies from your device.

Please note, however, that if you delete cookies or refuse to accept them, you might not be able to use all of the features that we offer or store your preferences and some of our pages might not display properly.

5.Storage and Retention of Your Information

5.1 Storage of Your Information

The information that we collect from you may be transferred to, and stored at, a destination inside or outside of your country, for the purposes as described in the Policy. By submitting your information, you agree to this transfer, storing or processing.We will store your data within the United States. Please note that privacy laws in the United States may be different from those in your country or region. However, we will strictly comply with applicable privacy laws to protect your personal information. We will take reasonable steps to secure your information and treat it in accordance with the Policy and applicable laws.

5.2 Retention of Your Information

We retain personal information for as long as necessary to provide ourServices or fulfill the original or directly related purpose for which such information was collected, or for other business purposes such as complying with our legal obligations, resolving disputes, and enforcing our agreements. We are required by law to keep some types of information for certain periods of time (e.g. statute of limitations). If your personal information is no longer necessary for the legal or business purposes for which it is processed, we will generally destroy or anonymize that information.

6.How We Share Your Information

We will not sell or share any personal information to third parties.

We will disclose or transfer your Information, only if required to do so by law, or we have acquired consent from you, or in the good faith belief that any such action is necessary to: (a) comply with any legal requirements or comply with the legal process served on us or the Platforms; (b) protect and defend the rights or property of us; and (c) act under exigent circumstances to protect the personal safety of our users, or the general public.

We will not share, transfer or disclose your personal information in way of violating this Policy or applicable laws. In the event of a transfer of information that may result from a possible merger, division, acquisition, asset sale, or bankruptcy liquidation by us, we will require the successor to protect your personal information in accordance with laws, regulations and standards not lower than those set forth in this Policy.

7.How We Protect Your Information

We are committed to ensuring that your personal information is secure. In order to prevent unauthorized access, disclosure or other similar risks, we have put in place reasonable physical, electronic and managerial procedures to safeguard and secure the information we collect from your using of our Services on the Platforms. We will use all reasonable efforts to safeguard your personal information.

We review our strategies and update as necessary to meet our business needs, changes in technology, and regulatory requirements. These measures include, but are not limited to, technical and organizational security policies and procedures, security controls and employee training.

If we become aware of any breach that affects the security of your personal information, we will provide you with notice as required by applicable laws. By using the Platforms, you agree to accept notice electronically.

8.Your Rights

If you would like further information in relation to your legal rights under applicable law or would like to exercise any of them, please contact us using the information in the “How to Contact Us” section below at any time. Your local lawsmay permit you to request that we:

• provide access to and/or a copy of certain information we hold about you

• prevent the processing of your information for direct marketing purposes (including any direct marketing processing based on profiling)

• update information which is out of date or incorrect

• delete certain information which we are holding about you

• restrict the way that we process and disclose certain of your information

• transfer your information to a third party provider of services

• revoke your consent for the processing of your information

We will consider all requests and provide our response within the time period stated by applicable laws. Please note, however, that certain information may be exempt from such requests in some circumstances, which may include if we need to keep processing your information for our legitimate interests or to comply with a legal obligation. We may request you provide us with information necessary to confirm your identity before responding to your request.

9.Minor’s/Children’s Privacy

The Platform is not intended for Children. Children under the age of 16(or other age specified by the law applicable to your region) must not use the Platform for any purpose without first obtaining parental/guardian’s consent to this Privacy Policy (both for themselves and on your behalf). We do not knowingly collect personally identifiable information from children.

It is our policy not to require personal information from minors or offer to send any promotional materials to persons in that category. We do not seek or intend to seek to receive any personal information from minors. Should a parent or guardian have reasons to believe that a minor has provided us with personal information without their prior consent, please contact us to ensure that the personal information is removed and the minor unsubscribes from any of our applicable Services.

10.Modification of This Policy

The effective date of this Policy is set forth at the top of this webpage. We reserve the right to amend this Policy at any time with or without notice and will place any updates on this webpage. The amended Policy supersedes all previous versions. Your continued use of Services on the Platforms will be taken as acceptance of the updated Privacy Policy.

11.How to Contact Us

Vivalive (Hong Kong) Limited
If you have any question/complain/suggestion/request regarding this Policy, you may also contact us directly at:

Email: support@imagewith.ai

Address: 【23/F, Building A, Huaxing Times Square, 478 Wensan Road, Xihu District, Hangzhou City, Zhejiang Province, China】

SUPPLEMENTAL TERMS – JURISDICTION SPECIFIC

In the event of a conflict between the provisions of the Supplemental Terms – Jurisdiction Specific that are relevant to your jurisdiction from which you access or use the Services, and the rest of the Policy, the relevant jurisdiction’s Supplemental Terms – Jurisdiction Specific will supersede and control.

Addendum for EEA and Switzerland Residents

If you are using the Services in the European Economic Area (“EEA”) and Switzerland, the following additional terms apply:

Your Special Rights

You have the following rights:

• The right to request free of charge (i) confirmation of whether we process your personal data and (ii) access to a copy of the personal data retained;

• The right to request proper rectification or removal of your personal data or restriction of the processing of your personal data;

• Where processing of your personal data is either based on your consent or necessary for the performance of a contract with you and processing is carried out by automated means, the right to receive the personal data concerning you in a structured, commonly used and machine-readable format or to have your personal data transmitted directly to another company, where technically feasible (data portability);

• Where the processing of your personal data is based on your consent, the right to withdraw your consent at any time without impact to data processing activities that have taken place before such withdrawal;

• The right not to be subject to any automatic individual decisions, including profiling, which produces legal effects on you or similarly significantly affects you unless we have your consent, this is authorised by Union or Member State law or this is necessary for the performance of a contract;

• The right to object to processing if we are processing your personal data on the basis of our legitimate interest unless we can demonstrate compelling legitimate grounds which may override your right. If you object to such processing, we ask you to state the grounds of your objection in order for us to examine the processing of your personal data and to balance our legitimate interest in processing and your objection to this processing;

• The right to object to processing your personal data for direct marketing purposes; and

• The right to lodge complaints before the competent data protection regulator.

Before we can respond to a request to exercise one or more of the rights listed above, you may be required to verify your identity or your account details.

Please send an e-mail to us if you would like to exercise any of your rights: support@imagewith.ai.

Addendum for California Residents

The terms of this Addendum apply to residents of California under the California Consumer Privacy Act (“CPRA”) and other applicable laws. The CPRA provides California residents with certain legal rights such as “do not sell.”

We will not sold personal information of California residents within the meaning of “sold” in the CPRA.

We collect, use, store and share your personal information in the same way as described in the main body of this Privacy Policy.

Your Special Rights Under the CPRA

Request we disclose to you free of charge the following information covering the 12 months preceding your request:

• the categories of personal information about you that we collected;

• the categories of sources from which the personal information was collected;

• the purpose for collecting personal information about you;

• the categories of third parties to whom we disclosed personal information about you and the categories of personal information that was disclosed (if applicable) and the purpose for disclosing the personal information about you;

• the specific pieces of personal information we collected about you.

• Request we delete personal information we collected from you, unless CPRA recognizes an exemption.

Be free from unlawful discrimination for exercising your rights including providing a different level or quality of Services or deny goods or Services to you when you exercise your rights under the CPRA.

We aim to fulfill all verified requests within 45 days pursuant to the CPRA. If necessary, extensions for an additional 45 days will be accompanied by an explanation for the delay.

Please submit your request via the following method: support@imagewith.ai