This Terms of Service (“Terms”) set forth the terms users (“User” or “Users”) of any services or features of Epica with the Camera function , which is provided by the Developer.
1. Definition
“App” means the application software “Epica” designed for smartphones and /or tablet computers which is provided by the Developer for the Service.
Our Policy applies to all visitors, users, and others who access the Service (“Users”).
2. Information we collect
(1) Face Data. When taking a photo, we only capture the features of the face in the photo, including the position of the eyes and mouth. Then add some fun stickers. We do not store face-related data, nor do we share this information with third parties.
(2) In-App purchases. If you reside in certain jurisdictions that offer in-app coin purchases, please note the provisions of our Virtual Items Policy. Your purchase will be made via your Apple iTunes or Google Play account. We do not collect any financial or billing information from you in relation to such a transaction. Please review the relevant app store's terms and notices in respect of the handling of such data. So that we can credit your account with the correct value in coins, we keep a record of the purchases you make, the time at which you make those purchases and the amount spent. In addition to in-app coin purchases, if you choose to make other payment related transactions the Platform may collect payment information, including payment card numbers or other third-party payment information (such as PayPal) where required for the purpose of payment.
(3) Analytics information. We use third-party analytics tools to help us measure traffic and usage trends for the Service. These tools collect information sent by your device or our Service, including the interfaces you use, add-ons, and other information that assists us in improving the Service. We collect and use this analytics information with analytics information from other Users so that it cannot reasonably be used to identify any particular individual User.
(4) Device identifiers. When you use a mobile device like a tablet or phone to access our Service, we may access, collect, monitor, store on your device, and/or remotely store one or more “device identifiers.” Device identifiers are small data files or similar data structures stored on or associated with your mobile device, which uniquely identify your mobile device. A device identifier may be data stored in connection with the device hardware, data stored in connection with the device’s operating system or other software, or data sent to the device by Epica.
(5) Information we obtain from other sources. Social Media and Login Services. If you choose to link or sign up using a third-party social network or login service (such as Facebook, Twitter, Instagram, or Google), we may collect information from these services, including your contact lists for these services and information relating to your use of the Platform in relation to these services. Third-Party Services. We may collect information about you from third-party services, such as advertising partners, data providers, and analytics providers. Other Users of the Platform. Sometimes other users of the Platform may provide us information about you, including through customer service inquiries. Other Sources. We may collect information about you from other publicly available sources.
A device identifier may deliver information to us or to a third party partner about how you browse and use the Service and may help us or others provide reports or personalized content and ads. Some features of the Service may not function properly if use or availability of device identifiers is impaired or disabled.
If the information covered by this Section is aggregated or de-identified so it is no longer reasonably associated with an identified or identifiable natural person, we may use it for any business purpose. To the extent information covered by this Section is associated with an identified or identifiable natural person and is protected as personal data under applicable data protection laws, it is referred to in this Privacy Policy as “Personal Data.” We use pseudonymization for particular types of Personal Data to ensure better security of your Personal Data.
3. How we use your information and personal data
(1) In addition to some of the specific uses of information we describe in this Privacy Policy, we may use information that we receive (including Personal Data) for the following purposes:
(2) to provide personalized content and information to you and others, which could include online ads or other forms of marketing;
(3) to provide, improve, test, and monitor the effectiveness of our Service;
(4) to develop and test new products and features;
(5)to monitor metrics such as total number of visitors, traffic, and demographic patterns ;
(6)to diagnose or fix technology problems;
(7)to automatically update the Epica application on your device;
(8)to send you technical notices, updates, security alerts and support and administrative messages;
(9)to link or combine with information we get from others or (and) from you to help understand your needs and provide you with better service (to use in training of neural networks, artificial intelligence, as well as for any other automated decision-making processing);
(10)for any other purposes disclosed to you at the time we collect Personal Data or indicated in this Privacy Policy.
(11)For any new purpose of processing we will ask your separate consent. To the extent necessary for those purposes, we take all reasonable steps to ensure that Personal Data is reliable for its intended use, accurate, complete, and current. We also undertake to collect only such amount and types of Persona Data that are strictly required for the purposes mentioned in this Section of the Privacy Policy (“data minimization principle”).
4. Sharing of your personal data
(1) We will not rent or sell your Personal Data to third parties outside Epica (or the group of companies of which Epica is a part) without your consent, except as Parties with whom we may share your information in accordance with this Policy.
(2) We also may share your Personal Data as well as information from tools like cookies, log files, and device identifiers and location data, with third-party organizations that help us provide the Service to you (“Service Providers”). Our Service Providers will be given access to your Personal Data as is reasonably and appropriately necessary to provide the Service under reasonable confidentiality and data protection terms.
(3)We may also share certain Personal data and information such as cookie data with third-party advertising partners. This information would allow third-party ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you.
(4)The parties we share your Personal Data with are either EU-based or compliant with the EU-US Privacy Shield Framework that ensures that European data privacy requirement are met. We also utilize standard contractual clauses and other contractual safeguards in order to protect your privacy and insure that all transfers of your Personal Data are safe and compliant with applicable laws.
(5)Parties with whom you may choose to share your User Content. Any information or content that you voluntarily stylize with the Service, such as User Content, becomes available to the Epica anonymously.
(6)What happens in the event of a change of control. If we sell or otherwise transfer part or the whole of Epica or our assets to another organization (e.g., in the course of a transaction like a merger, acquisition, bankruptcy, dissolution, liquidation), your information such as User Content and any other information collected through the Service may be among the items sold or transferred. You will continue to own your User Content. The buyer or transferee will have to honor the commitments we have made in this Privacy Policy.
5. How we store , process and transfer you personal data
(1) Data Storage and Processing. Your information collected through the Service may be stored and processed in any country in which Epica, its Affiliates or Service Providers (processors) maintain facilities.
(2) Epica, its Affiliates, or Service Providers may transfer information that we collect about you, including personal information across borders and from your country or jurisdiction to other countries or jurisdictions around the world. If you are located in the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction. Our storage providers and processors in the United States self-certified under the Privacy Shield program and we utilize standard data protection clauses in order to transfer your Personal Data safely and in full compliance with the applicable law.
(3) We process your Personal Data in a way that is compatible with and relevant for the purpose for which it was collected. To the extent necessary for those purposes, we take reasonable and appropriate steps to ensure that any information in our care is accurate, complete, current and reliable for its intended use.
(4) Data security. We use reasonable and appropriate information security safeguards to help keep the information collected through the Service secure and take reasonable steps (such as requesting a unique password) to verify your identity before granting you access to your account. However, Epica cannot ensure the absolute security of any information you transmit to the Service or an absolute guarantee that information on the Service may not be accessed, disclosed, altered, or destroyed. Please understand that there is no ideal technology or measure to maintain 100 % security. Among others, we utilize the following information security measures:
Pseudominization of certain categories of your Personal Data;
Encryption of your Personal Data in transit and in rest;
Systematic vulnerability scanning and penetration testing;
Organizational and legal measures;
onducting periodical data protection impact assessments in order to ensure that the Service fully adheres to the principles of ‘privacy by design’, ‘privacy by default’ and others. We also commit to undertake privacy audit in case of Company’s merger or takeover.
All information that you provide to us through the App is automatically uploaded to our servers and is stored there in duplicate to the information stored on your device.
6. Assent to the Terms
(1) Users shall assent to the Terms and use the Service in accordance with the Terms.
(2) Minors may use the Service only with consent from their legal guardian such as parents.
7. Retention of Rights
All rights in regard to the App and the Service (including but not limited to the intellectual property rights such as copyrights, trademarks, patents) shall be retained by the Developer or licensors of such rights.
8. Provision of the Service
(1) The Developer shall grant Users the right to use the Service insofar as Users use the Service in accordance with the Terms and other conditions described in the Service. Users cannot assign or lease such right to use the Service to third parties.
(2) Unless otherwise expressly designated by the Developer in the Service, the User’s usage history of Epica Camera function such as favorite filter information, filter adjustment setting information and other setting information (the “Usage history of Epica Camera function”) will be cleared when the User has deleted the App from his/her smartphone or tablet computer. The User cannot have his/her new device take over his/her Usage histories of Epica Camera function.
(3) The Developer reserves the right to provide Users with advertisements for the Developer or a third party, through the Service.
(4) The Developer reserves the right to modify, cease or terminate, at the Developer's own discretion, the whole or part of the Service at anytime without any prior notice to the Users.
9. Privacy
(1)The Developer places the highest priority on the privacy of Users. The Developer promises to exercise the utmost care and attention regarding its security measures for the continued security of any and all User information.
(2) The Developer promises to protect the privacy and personal information of Users in accordance with the Epica PRIVACY POLICY
(3) Notwithstanding the foregoing, you may choose to create user-generated content, such as your profile information (i.e., user name, profile picture, text and audio messages, photos, videos, geolocation information, your following list, your followers list) and share your user-generated content with everyone, including other Users and other people off of the Service ("Recipients"). . If you choose to share user-generated content or other information with Recipients, it shall be deemed that you are allowing Recipients to access and use the information, and to associate it with you. Please remember that the user-generated content you share with others can be copied, stored, or disseminated by the Recipients and accessed by unintended Recipients due to the nature of digital data. We encourage you to pay close attention when you generate and share your information or contents.
10. Intellectual property
(1) Restrictions Users shall not engage in the following when using the Service. (1) Activities that violate the law, court verdicts, resolutions or orders, or administrative measures that are legally binding.
(2) Activities that may hinder public order or customs.
(3) Activities that infringe intellectual property rights, such as copyrights, trademarks and patents, fame, privacy, portrait and all other rights of the Developer and/or a third party granted by the law or contract.
(4) Activities that post or transmit violent or sexual expressions; expressions that lead to discrimination by race, national origin, creed, sex, social status, family origin, etc.; expressions that induce or encourage suicide, self-injury behavior, or drug abuse; or anti-social expressions that include anti-social content and lead to the discomfort of others.
(5) Activities that lead to the misrepresentation of the Developer and/or a third party, or intentionally spread false information.
(6) Activities that use the Service for the purpose of harassments or libelous attacks against other Users, use the Service for the purpose of meeting a person for sexual encounters, or use the Service for purposes other than the Service's true intent.
(7) Activities that benefit or collaborate with anti-social groups.
(8) Activities that illegally or improperly lead to the collection, disclosure, or provision of other’s personal information, registered information, user history, or the like.
(9) Activities that interfere with the servers and/or network systems of the Service, that abuse the Service by means of BOTs, cheat tools, or other technical measures, and that deliberately use defects of the Service.
(10) Activities that that make unreasonable inquiries to the Developer such as repeatedly asking the same question beyond necessity, that make undue claims against the Developer, and that interfere with the Developer's operation of the Service or Users' use of the Service.
(11) Activities that aid or encourage any activity stated in Item (1) to (10) above.
(12) Other activities that are deemed by the Developer to be inappropriate.
11. Other Services
(1) Other services and/or contents offered by the Developer may be included within or linked to the Service. Such services and/or contents may be governed by other terms and conditions, which are set by the Developer.
(2) Services and/or contents offered by business partners cooperating with the Developer may be included within or linked to the Service. The Developer will not be responsible for such services and/or contents. Furthermore, such services and/or contents may be governed by their own terms and conditions, which are set by the business partners.
12. User Responsibility
(1) Users shall use this Service at his/her own risk, and shall bear all responsibility for actions carried out and their results upon this Service. It is Users’ responsibility to store or back-up his/her data of shot photographs or images by the Service. In addition, the Developer does not guarantee that the Users can store his/her data of shot photographs or images normally in his/her smartphones or tablet computers.
(2) The Developer may take measures that the Developer considers necessary and appropriate such as terminating or suspending the rights to use the Service itself, if the Developer acknowledges that a User is using the Service in a way which violates the Terms. However, the Developer shall not be responsible for correcting or preventing such violation towards Users or others.
(3) In the case where the Developer has suffered loss/damage or has been charged an expense (including but not limited to lawyer's fees) directly or indirectly due to the User using the Service (including but not limited to claims against the Developer arisen by third parties), the User shall immediately compensate the Developer upon its request.
13. Disclaimer
(1) The Developer does not expressly or impliedly guarantee that the Service are free from de facto or legal flaws (including but not limited to stability, reliability, accuracy, integrity, effectiveness, fitness for certain purposes, security-related faults, errors, bugs, or infringements of rights). The Developer shall not be responsible for providing the Service without such defects.
(2)The Developer shall not be responsible for any damages inflicted upon Users in relation to the use of the Service.
(3) Notwithstanding the condition stated in the item (2) above, the Developer shall not be responsible for any indirect, special, incidental, consequential or punitive damages (including but not limited to such damages that the Developer or Users predicted or could have predicted) with respect to the Developer’s contractual default or act of tort due to the Developer's negligence (except for gross negligence). The compensation for ordinary damages in respect to the Developer’s contractual default or act of tort due to the Developer's negligence (except for gross negligence) shall be limited to the total amount of received fees from the User in the particular calendar month in which the Developer’s contractual default or act of tort occurred.
14. Children’s privacy
General age limitation. Epica does not knowingly collect or solicit any information from anyone under the age of 13. The Service and its content are not directed at children under the age of 13. In the event that we learn that we have collected personal information from a child under age 13 without parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us.
Age limitation for EU residents. Due to requirements of the GDPR you shall be at least 16 years old in order to use the Service. To the extent prohibited by applicable law, we do not allow use of the Service by the EU residents younger than 16 years old. If you are aware of anyone younger than 16 using the Service, please contact us and we will take required steps to delete such information.
15. Links to other websites and services
We are not responsible for the practices employed by websites or services linked to or from the Service, including the information or content contained therein. Please remember that when you use a link to go from the Service to another website, our Privacy Policy does not apply to third-party websites or services. Your browsing and interaction on any third-party website or service, including those that have a link on our website, are subject to that third party’s own rules and policies. In addition, you agree that we are not responsible and we do not exercise control over any third-parties that you authorize to access your User Content. If you are using a third party website or service (like Facebook or Twitter) and you allow such a third party access to your User Content, you do so at your own risk. This Privacy Policy does not apply to information we collect by other means (including offline) and from other sources other than through the Service.
16. Modification of the Terms
(1) The Developer may modify the Terms and Conditions when the Developer deems necessary, without providing prior notice to Users. The modification will become effective once the modified Terms are posted on the Service. Users shall be deemed to have granted valid and irrevocable consent to the modified Terms by continuing to use the Service.
(2) The Developer shall not be responsible for any damages inflicted upon Users in relation to the use of the Service.
17 HOW TO CONTACT US
If you have any questions about this Terms of Service , please contact us at eckellt@outlook.com.