Privacy Policy
Last updated: July 09, 2024
This Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your information when You use the Service and tells You about Your privacy rights and how the law protects You. We use Your Personal data to provide and improve the Service. By using the Service, You agree to the collection and use of information in accordance with this Privacy Policy.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of this Privacy Policy:
-
Account means a unique account created for You to access our Service or parts of our Service.
-
Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
-
Application refers to Topaz, the software program provided by the Company.
-
Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Foixa Yazılım İthalat İhracat Anonim Şirketi, Esentepe Mah. Talat Paşa Cad. No:5 İç Kapı No:1 ŞİŞLİ/İstanbul.
-
Country refers to: Turkey
-
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
-
Personal Data is any information that relates to an identified or identifiable individual.
-
Service refers to the Application.
-
Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.
-
Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
-
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Collecting and Using Your Personal Data
Types of Data Collected
The personal data of users collected and used by Topaz in particular, are as follows: your order information if you make a purchase through in-app purchase, the photos which you upload to our app and identifier for advertisers designated in your mobile device used in accessing our services (The Identifier for Advertisers-IDFA), identifier for vendors/developers designated your mobile device (The Identifier for Vendors-IDVF) and Internet Protocol Address-IP Address.
Our App allows you to modify selected photos, which you can source from your device’s camera, camera roll, provided you’ve granted the necessary permissions. We want to emphasize that our processing is limited exclusively to the specific visual content you actively choose to edit using our App. While you may grant us access to your entire photo or video library, we don’t collect or store this data comprehensively. Our focus remains solely on the individual images you deliberately select for modification within our App, ensuring your privacy and control over your visual content.
Personal Data
While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:
- Usage Data
Usage Data
Usage Data is collected automatically when using the Service.
Usage Data may include information such as Your Device’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.
We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.
Information Collected while Using the Application
While using Our Application, in order to provide features of Our Application, We may collect, with Your prior permission:
-
Pictures from your Device’s camera and photo library
We use this information to provide features of Our Service, to improve and customize Our Service. The information may be uploaded to the Company’s servers and/or a Service Provider’s server or it may be simply stored on Your device.
You can enable or disable access to this information at any time, through Your Device settings.
Use of Your Personal Data
We use the images you upload to our App solely for the purpose of providing you with our editing services. These images are not used for any other purposes beyond enabling the App’s editing functionality.
The Company may use Personal Data for the following purposes:
-
To provide and maintain our Service, including to monitor the usage of our Service.
-
To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
-
For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.
-
To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application’s push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
-
To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
-
To manage Your requests: To attend and manage Your requests to Us.
-
For business transfers: We may use Your information to evaluate or conduct 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 Data held by Us about our Service users is among the assets transferred.
-
For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and your experience.
We may share Your personal information in the following situations:
- With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, to contact You.
- For business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company.
- With Affiliates: We may share Your information with Our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include Our parent company and any other subsidiaries, joint venture partners or other companies that We control or that are under common control with Us.
- With business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.
- With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside.
- With Your consent: We may disclose Your personal information for any other purpose with Your consent.
We may utilize and share the information we collect (including device data and app usage details) when it serves our legitimate business interests. This includes:
In compliance with applicable laws, we may disclose this information to government authorities and other third parties when required.
Our use and disclosure of this information is always in line with our commitment to protect our business interests and ensure a safe, ethical user experience.
Retention of Your Personal Data
The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.
The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.
Transfer of Your Personal Data
Legal Framework:
Our data transfer procedures adhere to Articles 8 and 9 of the Personal Data Protection (PDP) Law. This includes the potential transfer of personal and special categories of data to third parties, both domestically and internationally, as we may utilize servers and cloud systems located abroad.
Reasons for International Data Transfer:
We may transfer your personal data abroad for the following purposes:
Third-Party Data Sharing:
Topaz may share your personal data with:
Purposes of Third-Party Data Sharing:
We ensure all data transfers comply with applicable data protection laws and maintain the security of your personal information.
Special Conditions on Processing of Face Data
This section contains specific information about what kind of data is collected, used, shared, and retained when users upload a photo that contains face from Photo Library or by using Camera.
Collection and Use of Face Data
Upon uploading a photo containing facial features to our application, our app collects both the complete facial imagery and its corresponding mathematical representation. The collected facial data is used exclusively for the purpose of applying visual filters to the user’s facial image through our AI. This AI processing occurs solely on our own servers, without reliance on any third-party services.
Storage and Retention of Face Data
The information will be securely stored on our servers, specifically using Supabase Storage. By default, if a user has not utilized the app for a period of one month, all their data will be permanently deleted. This includes the removal of any stored data and the deletion of the user’s membership (Anonymous Login).
Third-Party Data Sharing
Our organization maintains a strict policy of data confidentiality. We do not engage in any sharing, selling, or transferring of user data, including facial information, to third parties. All data collected and processed remains solely within our secure, proprietary systems and is used exclusively for the purposes explicitly stated in our privacy policy.
Your Choices
Managing Your Notification and Device Settings
Push Notifications: You have control over the push notifications you receive from us. To stop receiving these notifications, you can adjust the settings on your mobile device.
Device Permissions: We respect your right to control access to your device features. You can withdraw any permissions you’ve previously given us, such as access to your:
To modify these permissions, simply access your mobile device’s settings and make the desired changes.
Delete Your Personal Data
You have the right to delete or request that We assist in deleting the Personal Data that We have collected about You.
Our Service may give You the ability to delete certain information about You from within the Service.
You may update, amend, or delete Your information at any time by signing in to Your Account, if you have one, and visiting the account settings section that allows you to manage Your personal information. You may also contact Us to request access to, correct, or delete any personal information that You have provided to Us.
Please note, however, that We may need to retain certain information when we have a legal obligation or lawful basis to do so.
Disclosure of Your Personal Data
Business Transactions
If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.
Law enforcement
Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Other legal requirements
The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:
- Comply with a legal obligation
- Protect and defend the rights or property of the Company
- Prevent or investigate possible wrongdoing in connection with the Service
- Protect the personal safety of Users of the Service or the public
- Protect against legal liability
Security of Your Personal Data
The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.
Children’s Privacy
Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.
If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent’s consent before We collect and use that information.
Links to Other Websites
Our Service may contain links to other websites that are not operated by Us. If You click on a third party link, You will be directed to that third party’s site. We strongly advise You to review the Privacy Policy of every site You visit.
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
Changes to this Privacy Policy
We may update Our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page.
We will let You know via email and/or a prominent notice on Our Service, prior to the change becoming effective and update the “Last updated” date at the top of this Privacy Policy.
You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.
Contact Us
If you have any questions about this Privacy Policy, You can contact us:
Company Name: Foixa Yazılım İthalat İhracat Anonim Şirketi
Address: Esentepe Mah. Talat Paşa Cad. No:5 İç Kapı No:1 ŞİŞLİ/İstanbul
Mail: contact@foixa.com