Vidma Editor - Privacy Policy

Last Updated: Oct 14th, 2023

Welcome to Vidma!

Vidma (the "Platform") is provided and controlled by Vidma Pte. Ltd. (“We” or “Us”). We are committed to protecting and respecting your privacy. 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 carefully to understand our practices regarding your information and how we will handle it. By accessing or using the Platform, services, applications, products, 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.

SUMMARY

- What information do we collect about you?

We collect and process information about you if you use the Platform and interact with the Services and related content such as our web pages. This includes technical and behavioral information about your use of the Services.

- How will we use the information about you?

We use your information to provide the Services to you and to improve, develop and administer them. We use your information to ensure your safety. - Who do we share your information with? We may share your information with third-party service providers who help us to deliver the Platform, or with any member of our group to improve the Platform or for internal business purposes. Where and when required by law, we will share your information with law enforcement agencies or regulators, and with third parties pursuant to a legally binding court order.

- How long do we keep hold of your information?

We retain your information for as long as it is necessary to provide you with the Services and fulfil our contractual obligations and rights in relation to the information involved. Where we do not need your information in order to provide the Services to you, we retain it only as long as we have a legitimate business purpose in keeping such data or where we are subject to a legal obligation to retain the data. We will also retain your information if we believe it is or will be necessary for the establishment, exercise, or defence of legal claims.

- How will we notify you of any changes to the Policy?

We will use commercially reasonable efforts to generally notify all users of any material changes to the Policy through a notice on the Platform. However, you should look at the Policy regularly to check for any changes. We will also update the “Last Updated” date at the top of the Policy, which reflects the effective date of such policy. Your continued access to or use of the Services after the date of the updated Policy constitutes your consent to the updated Policy. If you do not consent to the updated Policy, you must stop accessing or using the Services.

1. The types of information we collect

Information you choose to provide. When you register or otherwise interact with the Services, you may give us information and content including photographs, videos, and audio files that you upload. We may also collect your feedback about the Services if you choose to provide it. Information we collect automatically. We may collect the following information about you:

2. How we use your information

We will use the information in the following ways:

We may use your information to:

3. How we share your information

We don’t sell any of your information and we impose restrictions on how partners can use the data we provide. We may disclose the categories of personal information discussed above for a business purpose to selected third parties in or outside your country, including with:

We may share your information with law enforcement agencies, public authorities, or other organizations if legally required to do so, or if we have a good faith belief that such use is reasonably necessary to:

We may also disclose your information to third parties:

4. Third-party content

The Services may contain links to content maintained by third parties who we do not control. We are not responsible for the privacy practices of these third parties, and the information practices of these third parties are not covered by the Policy.

5. Where we store 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 take reasonable steps to secure your information and treat it in accordance with the Policy.

6. Your choices

We provide tools in settings that allow you to control how you use the Platform. If you have any questions on how to use or want to know about any rights you may have in the country where you live, please contact us.

7. The security of your information

We will take reasonable steps to secure your information and treat it in accordance with the Policy. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your information, we cannot guarantee the security of your information transmitted through the Platform. We have put in place technical and organizational measures that we will amend and update from time to time to improve the overall security of our systems.

8. Data retention

We will delete your information upon request. Otherwise, we will use the following criteria to determine the period for which we will keep your information:

9. Information relating to children

The Platform is not directed at children under the age of 13. Users under the relevant age are not allowed to use the Platform. If we become aware that personal information has been collected from a person under the relevant age, we will delete the user’s information in accordance with applicable law. If you believe that we may have information about or collected from a child under the relevant age, please contact us.

10. Complaints

In the event that you wish to make a complaint about how we process your personal information, please contact us in the first instance at DPO@vidma.com and we will endeavor to deal with your request as soon as possible. This is without prejudice to your right to launch a claim with your information protection authority or follow the dispute process.

11. Changes

We will use commercially reasonable efforts to generally notify all users of any material changes to the Policy, such as through a notice on our Platform, however, you should look at the Policy regularly to check for such changes. We will also update the “Last Updated” date at the top of the Policy, which reflects the effective date of such policy. Your continued access to or use of the Services after the date of the updated Policy constitutes your consent to the updated Policy. If you do not consent to the updated Policy, you must stop accessing or using the Services.

12. Contact

Questions, comments, and requests regarding the Policy are welcomed and should be addressed to:


SUPPLEMENTAL TERMS – AI Generation API

By using the AI Art Generation or AI Cartoonize feature, the videos or photos you upload will be processed by AI Generation API provided by CUTOUT.PRO.

CUTOUT.PRO processes all personal data submitted by you exclusively on the basis of the General Data Protection Regulation,and will be transferred with SSL/TLS- encrypted and only use them to perform requested video or photo processing.

PLEASE NOTE THAT we will immediately delete the videos or photos you upload when the AI Generation process ends.

For more information on the privacy practices of CUTOUT.PRO, please visit the CUTOUT.PRO Privacy Policy web page: https://www.cutout.pro/privacy.


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.

United States

If you are using our Services in the United States, the following additional terms apply:

California Privacy Rights

If you are a California resident, you may request certain information about our disclosure of personal information to third parties for their own direct marketing purposes during the preceding calendar year. This request is free and may be made once a year. Your browser may offer you a “Do Not Track” option, which allows you to signal to operators of websites and web applications and services (including behavioral advertising services) that you do not wish such operators to track certain of your online activities over time and/or across different websites. Our products do not support Do Not Track requests at this time.

Pursuant to the California Consumer Privacy Act (“CCPA”), California residents, subject to verification, may request to see what personal information we have collected about them over the past 12 months, including the categories of personal information that the business has collected about the consumer, the categories of sources for that information, the business or commercial purposes for collecting the information, the categories of third parties with which the information was shared, and the specific pieces of personal information collected about them. If you are a California resident, you may also request that we delete your personal information subject to certain exceptions. Consistent with California law, if you choose to exercise either of these rights, we will not charge you different prices or provide different qualities of services unless those differences are related to your information. Please submit your request via legal@vidma.com.

We do not sell personal information to third parties for purposes of the CCPA. We may permit third parties to collect personal information through our Services and share each of the categories of personal information described above with third parties for business purposes. These business purposes are described above and include providing advertising on our products and services and elsewhere based on users’ online activities over time and across different sites, services, and devices (so-called “interest-based advertising”) and website and online service analytics. The information practices of these third parties are not covered by the Policy.

Brazil

If you are using our Services in Brazil, the following additional terms apply:

Exercise of data protection rights. Brazilian law provides certain rights to individuals with regard to their personal data. Thus, we seek to ensure transparency and access controls in order to allow users to benefit from the mentioned rights.

We will respond and/or fulfill your requests for the exercise of your rights below, according to the applicable law and when applicable, to the Brazilian General Data Protection Law - LGPD, once it comes into force:

Verifying your identity. For your safety and to allow us to make sure that we do not disclose any of your personal data to unauthorized third parties, in order to verify your identity and guarantee the adequate exercise of your rights, we may request specific information and/or documents from you before we can properly respond to a request received concerning your data. All data and documents received from you in the process of responding to your requests will be used for the strict purposes of analyzing your request, authenticating your identity, and finally responding to your request.

Limitations to your rights. In certain situations, we may have legitimate reasons not to comply with some of your requests. For instance, we may choose not to disclose certain information to you when disclosure could adversely impact our business whenever there is a risk of violation of our trade secrets or intellectual property rights. In addition, we may refrain from complying with a request for erasure when the maintenance of your data is required for complying with legal or regulatory obligations or when such maintenance is required to protect our rights and interests in case a dispute arises. Whenever this is the case and we are unable to comply with a request you make, we will let you know the reasons why we cannot fulfill your request. In case of doubt about your privacy, your rights, or how to exercise them, please contact us via the provided information in "12. Contact". If you have any questions about the processing of your personal data, we would like to clarify them.

International Transfer of Data. We share your personal data globally with companies of our business group to carry out the activities specified in this Policy. We may also subcontract the processing of data involved in the Services or share your personal data with third parties located in other countries. Your personal data may therefore be subject to privacy laws other than those applicable in your country.

Whenever we transfer your personal data to third parties located in other countries, we will ensure that these companies comply with applicable data protection laws and we will take all measures that are reasonably necessary to ensure the existence of adequate safeguards to protect your personal data and to ensure that are processed safely.

Parental and Guardian Consent. If required by Brazilian data protection laws, (i) if you are over the age of 16 but under the age of 18, you can only use and register for an account with the assistance of your parent or legal guardian and you declare and represent that you had such assistance to use the Services and to agree to the Policy; (ii) if you are over the age of 13 but under the age of 16, you can only use and register for an account with the representation of your parent or legal guardian, and you must obtain the consent from your parent or legal guardian to the use of the Services and acceptance of this Privacy Policy. Language. The Terms of Service are prepared in the English language and shall prevail in other versions (if any).

DPO. If you wish to contact the Data Protection Officer, please contact us: DPO@vidma.com

South Korea

If you are using our Services in South Korea, the following additional terms apply:

Data retention. We destroy personal data whose purpose of collection as consented to by you have been achieved, or whose periods of and use to which you consented to or which were provided in the Policy have expired; provided, however, we will continue to store your personal data for the following statutorily-prescribed periods, where applicable, including, but not limited to:

Act on Consumer Protection in Electronic Commerce:

Destruction of Personal data. We destroy your personal data in a manner that renders it unrestorable by the relevant department. Your Rights

EEA and Switzerland and the UK

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

Where we store your information

If you are a citizen of the EEA, the personal data that we collect from you will be transferred to and stored at, a destination outside of the European Economic Area ("EEA"). Where we transfer your personal data to countries outside the EEA, we do so under the Commission’s model contracts for the transfer of personal data to third countries (i.e. standard contractual clauses) pursuant to 2004/915/EC or 2010/87/EU (as appropriate).

How we share your information

If you consent to push notifications, we may also provide your device information to your operating system. Your rights You have the following rights:

User Messaging Platform

Pursuant to the stipulations outlined in the EU ePrivacy Directive and the General Data Protection Regulation (GDPR), we have provided a User Messaging Platform (UMP) within the application if you are in the European Economic Area (EEA) along with the UK. This platform facilitates your ability to define your consent regarding our utilization of cookies or other forms of local storage.

We are not responsible for the content or privacy practices of other applications. Any external links to other applications or websites will be identifiable as such.

In reference to your consent for cookies, we will not collect personally identifying information about you when you visit our application unless you choose to provide that information to us. You can block cookies by activating the setting on UMP that allows you to refuse the setting of all or some cookies. You can also visit www.allaboutcookies.org for further information.

Please note that we fully respect your right to privacy, and will not collect any personal information about you on our application without your explicit knowledge and permission. However, the nature of the Internet is such that we cannot guarantee or warrant the security of any personal information that is transmitted to us over the Internet.

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.

If you would like to exercise any of your rights, please contact us via DPO@vidma.com.