Privacy Policy

Last Updated: Aug 28th, 2023

Introduction and Scope

This Super App Privacy Policy (“Privacy Policy”) is delivered on behalf of Basis Interactive LLC (“Basis”, “we”, “us”, and “our”) and governs the Personal Data (as defined below) collected from or processed about you when you use the Super mobile application (“Super”, the “app”, or the “application”), including by downloading, installing, registering with, accessing or otherwise using the application (collectively referred to herein as “Use”).

We provide this Privacy Policy to explain our practices for collecting, using, processing, and disclosing the Personal Data we process about Super users (“users”, “you”, or “your”, as applicable), and to tell you about the rights you may have in relation to your Personal Data and choices you may be able to make in relation to it. By Personal Data we mean (i) information that is associated with an identified or identifiable natural person, and (ii) protected as personal data under applicable data protection laws.

This Privacy Policy applies to Personal Data we or any third party collects from you offline or on any of our apps or websites, including websites you may access through Super.

Please read this Privacy Policy carefully to understand our privacy practices. We also encourage you to get acquainted with our Terms of Use to understand how we provide services to you. For information on how we process photos in connection with various features of our app, please see Section 3: How We Process, Share and Retain Your Photos, Videos, and Image Data.

If you do not want us to process your Personal Data as it is described in this Privacy Policy, please do not Use Super.

Questions? If you have any questions about this Privacy Policy or Super, please contact us at [email protected]. For additional contact information, please see Section 15: How to Contact Us.

TABLE OF CONTENTS

1. PERSONAL DATA WE COLLECT AND HOW WE COLLECT IT

We may collect Personal Data from and about you:

  • Directly from you when you provide it to us.
  • Automatically when you Use Super. Information collected automatically may include Usage details and internet protocol (“IP”) addresses.
  • From third parties, for example, our service providers, partners and vendors.

2. PERSONAL DATA YOU PROVIDE TO US DIRECTLY

You may provide Personal Data to us directly, or to service providers that act on our behalf, when you Use Super. The Personal Data you provide depends on which features of Super you Use and how you interact with the app.

  • Photos and (or) videos that you upload to Super. If you grant us permission to access your camera or your device’s photo library, we will process the photos and videos you select to upload to Super to provide features of the app that you choose to Use. For more information regarding how we process your photos and videos, please see Section 3: How We Process, Share and Retain Your Photos, Videos and Image Data.
  • Information Regarding Character Name When you Use the Super Character feature of the app, we ask you to provide a name for your Character. We use this information to personalize the name of the Character in the generated stories. This name can be either real or fictional.
  • Information Regarding Gender. When you Use the Super Character feature of the app, we ask you to select the gender you want to be associated with the Character. You can select Female, or Male. This information is used solely to generate the Characters in accordance with the indicated gender: for example, if you choose to identify your gender as a female, then you will receive conventionally more feminine-like Characters.
  • Account Information. When you make a purchase on Super, we associate the unique transaction id of your purchase with your user account on our service. No email address, personal identifying information or payment information is shared with us.
  • If you contact us or communicate with us, we will collect and receive records and copies of your correspondence with us and contact details that you have provided us while making your inquiries (such as your name, postal addresses, email addresses and phone numbers or any other identifier by which you may be contacted).

3. HOW WE PROCESS, SHARE, AND RETAIN YOUR PHOTOS, VIDEOS AND IMAGE DATA

We process your photos and videos to provide you with the features of the Super application that you choose to Use. In doing so, when you upload photos or videos to Super, we process your photos and videos using technology that identifies data that is in the photos and videos and provides us with information, such as information about your facial position, orientation and topology (“Face Data”), and other elements of your photo (collectively, “Image Data”). The following describes how we process, share, and retain your photos, videos and Image Data in connection with various features of the Super app. Please note, however, that we may retain your data for longer time periods than set forth below where required to do so by law.

  • Super Character. To generate a Super Character, you must upload 10-20 photos to Super and provide a name and gender to be associated with the Character. The photos you upload are stored on our servers, which are hosted by Amazon Web Services (USA). The Super Character feature relies on the Stable Diffusion model. We create a copy of the Stable Diffusion model, which is hosted on our AWS servers, and apply technology that retrains the model using the photos you uploaded and generates Image Data to create and personalize your Characters. Immediately after the successful generation the Character's stories, your original photos, the copy of the Stable Diffusion model, as well as any associated Image Data, are deleted permanently from our AWS servers. We do not Use your Personal Data to train and/or create separate artificial intelligence/products.
  • Super Stories are stored on our servers (provided by Amazon Web Services (USA)) and are available to you within the Super app at any time, via any device from which you log into the Super application, until you decide to either (i) delete the Characters or, (ii) delete your Super account. If you delete an Character, we will generally process the deletion within 4 hours. If you delete your Super account, we will generally delete your account, including the Characters in your account, within 4 hours. Please be aware that deleting the Super application from your device does not result in the deletion of your Super account!

4. PERSONAL DATA WE COLLECT AUTOMATICALLY

When you Use Super, we or third parties we permit to do so, may automatically collect certain information, including Personal Data, from you (this is subject to your consent where this is required by law). The information collected from you automatically when you Use Super may include:

  • Device information: Information about your mobile device and internet connection, including your IP address, the device’s unique device identifier, operating system and version, mobile network information, device type and device language.

  • App and country information: Information regarding the version of the app that you are using and the country version of the app store from which you downloaded Super.

  • Image Data: For more information regarding how we process your photos and videos when you Use various features of the app, please see Section 3: How We Process, Share, and Retain Your Photos, Videos and Image Data.

  • Usage details: Details of your Use of Super, including frequency of Use, areas and features of the application that you access and information regarding engagement with particular features of the app.

  • Details about your in-app purchases: For example, details regarding the time you made certain purchases.

  • (If you have provided your consent) IDFA, whichever is applicable to your device. If you want to disable the collection of IDFA and/or Android Advertising ID by Super, please follow the instructions below.

    If you use an iOS device:

    1. Go to Privacy settings to see a list of apps that request to track your activity. On iPhone or iPad, go to Settings > Privacy > Tracking.
    2. Tap to turn off or turn on permission to track for Super.

Other than with respect to Image Data, we and third-parties we engage may use cookies, Software Development Kits (SDKs), and other tracking technologies to automatically collect the Personal Data set forth above. For more information regarding our use of these technologies, please see Section 7: Cookies, Software Development Kits, and Other Tracking Technologies.

5. THE PURPOSES AND OUR LEGAL BASES FOR PROCESSING YOUR PERSONAL DATA

We may use your Personal Data for a variety of purposes depending on the category of Personal Data and the way you Use and interact with the Super app, including the following:

  • To present to you and others with Super and its contents and any other information, products or services that you request from us, including to provide various features of the app (e.g., Super Character, Stories) and its functionality. We do so to provide you with the services subject to your explicit consent and according to our contractual obligation.
  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us in relation to Super (e.g., the Terms of Use). This is for the performance of our contract with you and for our legitimate interests in performing and enforcing our contracts with you.
  • To customize our product and service offerings to you, for example, offering pricing personalization and discounts. In doing so, we make automated decisions using device type and device language data. Where required by law, we rely on your consent to offer such personalization and/or offer you the opportunity to opt-out. Please see Section 7: Cookies, Software Development Kits, and Other Tracking Technologies for more information.
  • To provide you with customer and technical support, investigate your concerns, respond to your inquiries and to monitor and improve our responses to your and other users’ inquiries in relation to Super. It is our legitimate interest to provide you with high-quality support.
  • To communicate with you, such as to notify you about changes to Super or any products or services we offer or provide through Super, including by sending you technical notices, notices about your account/subscription, including expiration and renewal notices, updates, security alerts and support and administrative messages, which we may send through an in-app or a push notification (you may opt-out of push notifications by changing the settings on your mobile device). It is our legal obligation to keep you informed about your subscription and your account and otherwise in our legitimate interests of keeping you informed about your Super account.
  • To conduct research, analytics and monitor performance and other metrics regarding Super and your Use of Super. This may include data regarding the total number of users of our app, traffic, and demographic patterns related to the use of our app. Where this data is collected through the technologies described in Section 7 and where required by law, we rely on your consent; otherwise, it is our legitimate interest to conduct analytics as it helps us understand our business metrics and improve our product.
  • To improve, test, and monitor the effectiveness of Super. It is our legitimate interest to conduct such analyses to understand our product and business metrics.
  • To provide personalized content and information to you in relation to Super and so that we, and third parties on which we rely, can advertise to you. This may include using your Personal Data to build advertising audiences that we believe are similar to our user base, serving online ads to you, or engaging in other forms of advertising. Where required by law, we rely on your consent to engage in such activities and/or offer you the opportunity to opt-out. Please see Section 7: Cookies, Software Development Kits, and Other Tracking Technologies for more information.
  • To send marketing and promotional communications to you, such as via email, push notification or in-app messaging either with your consent or as otherwise permitted by law. Please see Section 9: Your Choices About Our Communications With You for more information.
  • In any other way as we may describe when you provide the information or otherwise at your direction or with your consent.
  • As permitted or required by law, including for auditing, fraud and security monitoring purposes.

6. TO WHOM WE DISCLOSE PERSONAL DATA

We may disclose the information we process about you, including any Personal Data, as follows:

  • We may disclose your Personal Data, and other collected information to third-party organizations such as contractors, business partners, service providers, and vendors that we use to support our business and who assist us in providing Super. Such service providers may include:
    • cloud providers Amazon Web Services (USA), Google Cloud Platform (USA), and Modal Labs, Inc. (USA), which we use to store your Personal Data, photos, and Image Data when you create Super Characters and Stories
    • email delivery providers.
  • We may disclose your Personal Data to third-party analytics providers and advertising partners or otherwise permit them to collect or access it. For more information, please see Section 7: Cookies, Software Development Kits, and Other Tracking Technologies.
  • We may disclose your Personal Data in the event that we or any of our affiliates, subsidiaries or lines of business is merged, acquired, divested, financed, sold, disposed of or dissolved, including in the course of a transaction like a merger, divestiture, restructuring, reorganization, acquisition, bankruptcy, dissolution, liquidation. In such cases, your Personal Data and any other collected information may be among the items sold, transferred, or otherwise disclosed as part of that transaction or proceeding.
  • We may disclose your Personal Data in response to legal requests and for purposes of preventing harm. We may access, preserve and share your information in response to a legal (like a search warrant, court order or subpoena), government or regulatory request if we have a good faith belief that the law requires us to do so. This may include responding to legal, government or regulatory requests from jurisdictions where we have a good faith belief that the response is required by law in that jurisdiction, affects users in that jurisdiction, and is consistent with internationally recognized standards. We may also access, preserve and share information when we have a good faith belief it is necessary to: (i) detect, prevent and address fraud and other illegal activity; (ii) protect ourselves, you and others, including as part of investigations; and (iii) prevent death or imminent bodily harm. Information we receive about you may be accessed, processed and retained for an extended period of time when it is the subject of a legal request or obligation, governmental investigation, or investigations concerning possible violations of our terms or policies, or otherwise to prevent harm.

7. COOKIES, SOFTWARE DEVELOPMENT KITS, AND OTHER TRACKING TECHNOLOGIES

When you Use Super, we and our service providers, vendors, and partners, including third parties, may use cookies (a small text file placed on your computer or mobile device to identify your computer and web browser) and other similar technologies to collect or receive certain information about you and/or your Use of Super. We also use third-party analytics tools like PostHog, Axiom and Vercel to help us measure traffic and usage trends for Super and for other purposes. Such analytics tools collect information via third-party SDKs incorporated into Super, which includes information about features of Super you visit or Use, your actions in Super, and information about your subscription. Such information may be used to provide content, advertising, or functionality or to measure and analyze ad performance on Super or other websites or platforms. Third parties may also use such information for their own purposes. For the avoidance of doubt, we do not use Image Data for advertising purposes.

Interest-based Advertising. We may partner with ad networks and other ad-serving providers that serve ads on behalf of us and others on non-affiliated platforms. Some of those ads may be personalized, meaning that they are intended to be relevant to you based on information ad networks and ad serving providers collect about your Use of the app over time, including information about relationships among different browsers and devices. This type of advertising is known as interest-based advertising.

Your Choices. Most browsers and devices are configured to accept cookies and similar tracking technologies automatically. You may be able to set your browser and device options so to limit such technologies. You can visit the Digital Advertising Alliance (“DAA”) Webchoices tool at www.aboutads.info to learn more about this interest-based advertising and how to opt out of this kind of advertising by companies participating in the DAA self-regulatory program, and http://www.aboutads.info/appchoices for information on the DAA’s mobile app opt-out program. You can also opt out of receiving interest-based ads from members of the Network Advertising Initiative (“NAI”) by visiting the NAI consumer opt-out page at http://optout.networkadvertising.org/?c=1#!/. Opting out of receiving interest-based ads does not mean that you will no longer receive ads from us, but rather that the ads will not be tailored to your perceived interests.

  • For users in the European Economic Area, United Kingdom and United States. You can opt-out from processing of Personal Data via cookies, SDKs and other tracking technologies by clicking sending a request to [email protected].

You may find that some parts of the app may not function properly if you have refused cookies or similar tracking technologies, and you should be aware that disabling cookies or similar tracking technologies may prevent you from accessing some of our content. Your choices are typically device and browser specific

8. YOUR RIGHTS IN RELATION TO YOUR PERSONAL DATA

Access, modification, correction and erasure. You can send us an email at [email protected] to request access to, modification, correction, update, erasure or portability of any Personal Data that you have provided to us and that we have about you. You can also request deletion of your account inside the app by contacting us through in-app chat. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

EEA/UK individuals. Individuals in the European Economic Area (“EEA”) and the United Kingdom (“UK”) have certain statutory rights in relation to their Personal Data including under the General Data Protection Regulation (Regulation (EU) 2016/679) (“EEA GDPR”) and the UK version of the EEA GDPR (“UK GDPR”) (collectively, the “GDPR”), including the rights specified below. You can exercise these rights by contacting us (for contact information, please see Section 15: How to Contact Us). We will do our best to accommodate your request or objection but please note that not all rights are absolute.

  • Access to your Personal Data: You have a right to request information about whether we have any Personal Data about you, and to receive a copy of such Personal Data.
  • Rectification of your Personal Data: You are responsible for ensuring the accuracy of your Personal Data that you provide to us. Inaccurate information may affect your experience when Using Super features and our ability to contact you as described in this Privacy Policy. If you believe that your Personal Data is incomplete or inaccurate, you have a right to contact us and ask us to correct such Personal Data.
  • Restriction of processing: You also have the right to demand restriction of processing of your Personal Data, for example, if you contest the accuracy of the Personal Data which inaccuracy is verified by us.
  • Erasure of your Personal Data: In certain circumstances, you may ask us to erase your Personal Data. Please be aware that erasing some Personal Data may affect your ability to Use Super.
  • Right to portability of your Personal Data: In certain circumstances, you have the right to request us to receive any Personal Data you provided us in a structured, commonly used and machine-readable format. You may further ask us to give that Personal Data to another party.
  • Right to object to processing or otherwise using your Personal Data: Where we are processing your Personal Data based on our legitimate interest, you may object to the processing or otherwise using your Personal Data. Please be aware that our inability to process or otherwise use some of your Personal Data may affect your ability to Use Super. If you have opted in to receiving marketing communications, you have the right to opt out of those at any time.
  • Right to withdraw your consent at any time: Where you may have provided your consent to the processing of your Personal Data for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. The withdrawal of your consent does not affect the lawfulness of the processing based on your consent before its withdrawal.
  • Right to lodge a complaint with a supervisory authority: Subject to the GDPR, you have the right to lodge a complaint with a local data protection authority in the country of your residence, where you work or where an alleged infringement of the applicable data protection law took place. Please see a list of EU member states’ supervisory authority here, and the UK’s supervisory authority (ICO) here.

Please keep in mind that in case of a vague request to exercise any of the aforementioned rights we may engage with you in a dialogue to ask for more details if so needed to complete your request. In case this is impossible, we reserve the right to refuse granting your request. Following the provisions of the applicable law, we might also ask you to prove your identity (for example, by requesting your username or some other proof of your identity) in order for you to invoke the mentioned rights. This is made to ensure that no right of third parties is violated by your request, and the mentioned rights are exercised by an actual Personal Data subject or an authorized person.

Please note that we will process your request within one month after receiving it. We may extend this period by up to two months where necessary, taking into account the complexity and number of the requests. If we extend the response period, we will let you know within one month from your request. We will not discriminate against you for exercising your rights under the law.

9. YOUR CHOICES ABOUT OUR COMMUNICATIONS WITH YOU

If you are using Super you may receive electronic communications from us (e.g., by posting in-app notices in Super, push notifications or emails). We send some of these communications to you, such as those related to your subscriptions, technical and security notices and updates to the Privacy Policy and Terms of Use, where necessary to perform our contract with you to provide Super or otherwise based on our legitimate interest in contacting you.

If required by law, we will ask for your consent to send you promotional and marketing emails, in-app communications and push notifications about new products, features or offers from Super and its affiliates.

Push Notifications. If you wish to opt-out of push notifications, you can do so through your mobile device settings by tapping “Settings” -> “Notifications” -> Choose Super - > press the toggle to allow or forbid push notifications from the app.

10. DATA SECURITY

We use reasonable and appropriate information security safeguards to help keep your Personal Data secure and in an effort to protect it from accidental loss and unauthorized access, use, alteration and disclosure. Unfortunately, the transmission of information via the internet is not completely secure. Although we take measures to do our best to protect your Personal Data, we cannot guarantee the security of the collected information transmitted to or through Super or an absolute guarantee that such information may not be accessed, disclosed, altered, or destroyed. Any transmission of your Personal Data is at your own risk. We are not responsible for the circumvention of security measures contained in Super. Please understand that there is no ideal technology or measure to maintain 100% security.

The safety and security of your information also depends on you. For instance, we are not responsible for how you choose to share the photos, videos, Character, Stories or other information processed in your Super account, such as via social media services. We are not responsible for the functionality, privacy, or security measures of any other organization.

11. DATA RETENTION

Other than as set forth in Section 3: How We Process, Share and Retain Your Photos, Videos and Image Data, we generally retain your Personal Data until you delete your Super account. If you delete your Super account, we will generally delete your account within 4 hours.

To make a request to delete your Super account, please contact us at [email protected].

Notwithstanding the foregoing, please note that we may retain your Personal Data, photos, Character, and Stories for longer periods of time than set forth above, such as in connection with your privacy-related requests and communications with us, if any, as necessary to comply with our legal obligations, to resolve disputes, or to enforce our agreements. Even if we delete some or all of your Personal Data, we may continue to retain and use anonymized data previously collected that can no longer be used for personal identification.

12. CROSS-BORDER DATA TRANSFERS

We and certain of our service providers are incorporated in the United States. Accordingly, your Personal Data may be transferred to and stored in the United States.

Where required under the EEA GDPR, in case of transfers of personal data from the EEA to countries outside the EEA, where we cannot rely on adequacy decisions adopted by the European Commission (for more information, please see here) we ensure appropriate safeguards are in place to guarantee the continued protection of your personal data, particularly by signing the Standard Contractual Clauses of the European Commission (article 46(2)(c) GDPR). For more information on these Standard Contractual Clauses, please see here.

Where required under the UK GDPR, in case of transfers of personal data to countries outside the United Kingdom, we ensure appropriate safeguards are in place to guarantee the continued protection of your personal data, particularly by signing the UK Addendum to the EU Standard Contractual Clauses or the UK International Data Transfer Agreement, whichever is more appropriate in the given situation. For more information on UK Addendum and the UK International Data Transfer Agreement please see here. We may also guarantee the protection of your personal data by relying on adequacy decisions adopted or approved by the authorities in the United Kingdom.

As to the location of our servers, we use AWS servers located in the USA for Super operation.

For further information please contact [email protected]

13. CHILDREN

We collect children’s personal information from adults. Access to the Super Character feature is intended to be acquired by parents and not to be acquired by children directly. We do not knowingly collect personal information from children under the age of 13. If we become aware that we have inadvertently received personal information from a child under the age of 13, we will delete such information from our records. If you are a parent or guardian and believe we have collected information from your child who is under the age of 13, please contact us at [email protected].

For activities that necessitate the use of personal information from children under the age of 13, Super will notify the respective parent of our privacy policy and obtain verifiable parental consent before collecting personal information in compliance with the Federal Trade Commission’s Children’s Online Privacy Protection Act.

14. THIRD-PARTY WEBSITES AND SERVICES

We are not responsible for the practices employed by any websites or services linked to or from Super, including the information or content contained within them. Where we have a link to a website or service, linked to or from Super, we encourage you to read the privacy policy stated on that website or service before providing information on or through it.

15. HOW TO CONTACT US, EEA/UK REPRESENTATIVE, AND DATA PROTECTION OFFICER

General contact details. If you have any questions about this Privacy Policy or Super, please contact us via email at [email protected].

Appointed EEA/UK representative. If you are an individual in the EEA or the UK and you have any questions about this Privacy Policy or Super, please contact us via email at [email protected].

Data protection officer. If you are an individual in the EEA or the UK and you wish to exercise your rights under Section 8, or you have any questions about this Privacy Policy or Super, you can contact our data protection officer via email at [email protected].

16. CHANGES TO OUR PRIVACY POLICY

The date this Privacy Policy was last revised is indicated at the top of the page. We may modify or update this Privacy Policy from time to time. Some changes do not require your consent. However, if we determine that the changes may pose risk to your rights and freedoms, we will ask for your consent to those changes separately from this Privacy Policy.