Privacy Policy

Last updated: June 13, 2024

Welcome

This Privacy Policy (“Policy”) explains how we collect, use, store, protect, and share your personal information through our services. Twingle LLC is the data controller of the personal information collected through the services (as defined in our Terms of Service (“Terms”)). Twingle LLC is referred to in this Policy as “Twingle”, “we”, “our” or “us”.

How we handle your information depends on which services you use, and how you use them. This Policy is grouped into these sections:

About Us and this Policy;
Information We Collect and How We Use It;
Our Disclosures of Information to Others;
How Long We Retain Your Information;
Use by Minors;
Your Rights; and
Information About Local Privacy Laws.

We encourage you to read this Policy carefully. If you have questions, please contact us.

About Us and this Policy

This Policy is designed to explain how we process your personal information and how you can exercise control over our processing. Capitalized terms that are used but not defined in this Policy are defined in our Terms. The Terms describe how the services work in general, and establishes a contract between you and us governing your use of the services.

Contact Us

If you have any questions or feedback about this Policy, email us at hello@twingle.me or write to us at: Twingle LLC, 1985 Riviera Dr, Ste 103 #547, Mount Pleasant, South Carolina 29464.

Changes to this Policy

Because the services change often, this Policy may change over time. Anytime we modify the Policy, we will post a revised version on the services and update the Last Updated date above. If we intend to use your personal information in a way that is materially different from the ways described at the time of collection, we will notify you before the material changes to this Policy take effect, so you have time to review them. We may contact you directly if we have your contact information (such as your email or phone number). We may also post a temporary notice on the services, or notify you by other means to the extent required by law. We encourage you to review the Last Updated date periodically to ensure you’re aware of the current Policy.

By using or accessing the services, you signify that you have read, understand and agree to be bound by this Policy and the Terms.

When this Policy Applies

This Policy applies to you when you use the services, effective as of the Last Updated date above. However, some collection and use of information falls outside this Policy:

Outside services: Outside Materials (as defined in our Terms) are not part of the services, so this Policy doesn’t apply to any information you may exchange with providers of Outside Materials or other third parties. If you follow a link to a third-party website, your use of that website is governed by that website’s privacy policy, and is not covered by this Policy.
Our personnel: If you are a current or former employee or contractor of ours, this Policy does not apply to you. Reach out to hello@twingle.me with any inquiries about your personal information.

Information We Collect and How We Use It

We and third party partners collect anonymized personal information on the services using pixel tags or similar technologies. Our third party partners, such as analytics and advertising partners, may use these technologies to collect information about your online activities over time.

However, we are dedicated to respecting your privacy rights. If you have any concerns about our data collection practices, please contact us directly.

Information You Provide

To provide you with our services, we need some of your personal information. Without it, we may not be able to provide all services requested. For example, your personal information is necessary to establish an account, make a purchase, submit content, or participate in promotions. This information may include:

Contact and account information, such as your first name, last name, phone number, email address, date of birth/age, profile photo, and gender, some of which will depend on the features you use and many of which are personal identifiers.
Photos you provide. The Services generate information about the faces in the photos you provide to generate AI baby photos and videos. The facial characteristics derived from the photos you provide may be considered biometric information under laws applicable in certain countries or states. We do not maintain any facial characteristics derived from your photos after they are used to create output for you, or otherwise use them for any other purpose, such as training algorithms or models. We do not generate or maintain face data or facial characteristics by any other means.
Payment information if you pay us directly for a subscription or other products, such as the last four digits of your payment card and other verification data (your full card number and security code are submitted to and processed by Payment Processors)

We ask that you not provide us with any sensitive personal information. If you provide sensitive personal information to us, we use it only for our operational business purposes, and we do not disclose it to others for any other purpose. We attempt to limit the amount of sensitive personal information we collect.

Information Automatically Collected When You Use the Services

As you use the services, technology we use will generate technical data about which features you use, how you use them and the devices you use to access our services. This information may include:

Internet Activity related to your use of the services, such as the pages you visit, the sites you use before or after visiting ours, your actions within the services, the content or advertisements you interact with, general location information, time stamps and performance logs and reports.
Device Information related to the devices you use, which may include devices’ IP address, advertising identifier(s), browser and operating system, internet service provider and settings.

As of the Last Updated date, we primarily rely on Vercel Web Analytics to collect information automatically. Notably, Vercel Web Analytics does this without using cookies and only processes anonymized data. Since Vercel collects data in an anonymized form without using cookies, traditional opt-out methods, like disabling cookies in your browser, are not necessary.

Information We Receive from Others

Our services may integrate features which allow you to post, “Share” or “Like” content on the services through your social media account(s). If you decide to use this feature, the services will receive and send information about you with the social provider (i.e. Meta or X). Typically, the social provider will summarize the types and nature of the information that the services receive when you connect your social account. Because we do not control social media account providers, you should review the privacy policy of your social media account provider and the practices that apply when you use that account.

How We Use Your Information

We may use the information that you provide us for the following business purposes:

Analytics;
Debugging to identify and repair errors;
Performing services;
Providing customer service;
Verifying customer information;
Undertaking activities to verify or maintain the quality or safety of our services or devices;
Undertaking internal research for technological development and demonstration;
Creating new features.

We may infer new information from other data we collect, including using automated means to generate information about your likely preferences or other characteristics (“Inferences”).

However, as of the Last Updated date, we do not use your information for commercial purposes, such as any ‘sharing’ or sale of your information to third parties.

Our Disclosures of Information to Others

This section describes how and why we exchange personal information with contractors and third parties for certain purposes like legal reasons and advertising. We may also disclose deidentified and/or anonymized data for these purposes.

We do not ‘sell’ or ‘share’ personal information. That means we don’t provide or exchange your personal information with others to facilitate behavioral ads (i.e., ads targeted to you) or otherwise sell it. For clarity, we have never shared or sold any personal information for that purpose.

Functional Disclosures

In addition to the use of trackers described above, we contract with companies or individuals to provide certain services related to the functionality and features of the services, including payment processing, email and hosting services, software development, shipping and fulfillment, data management, and administration of contests and other promotions. We refer to them as “contractors.”

We may disclose information about you, such as Personal Identifiers, Commercial Information, Internet Activity and Device Information, to contractors as necessary for them to perform their services. Contractors are not permitted to use information about you for any other purpose. We may disclose these types of information to the following types of contractors:

Analytics providers, namely Vercel Analytics, to tell us how the services are doing, such as which parts interest visitors and how long they visit before leaving. Among other data, they may receive your IP address.
Hosting services and data processors to provide the infrastructure of the services, such as Google Cloud Platform, which ensures that traffic is from real people, not computers. Among other data, they may receive your IP address.
Payment processors, namely RevenueCat, to facilitate payments between you and us, such as for subscriptions or in-app purchases. (Purchases made through an app store, like the Apple App Store or Google Play Store, are not processed by our payment processors.) These providers receive information about your order in order to complete the order. We don’t receive all of the information you may provide to them as part of that process (for instance, we don’t receive payment information).

For Legal Reasons

Finally, we may disclose personal information:

In response to subpoenas, court orders, or other legal process; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases we reserve the right to raise or waive any legal objection or right available to us;
When we believe it is appropriate to investigate, prevent, or take action regarding illegal or suspected illegal activities; to protect and defend the rights, property, or safety of our company, our users, or others; and in connection with the enforcement of our Terms and other agreements; or
In connection with a corporate transaction, such as a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.

With Your Consent or at Your Request

We may periodically ask for your consent to disclose your information to third parties. Whenever we ask your consent for this reason, we will summarize the purpose and scope of the disclosure. For example, we may offer discounts to you if you consent to join our mailing list. To be clear, we only exchange information about you with third parties for direct marketing purposes if you opt in, and will only do so until you opt out.

How Long We Retain Your Information

We retain your information only as long as we need it for the purposes described above, except when longer retention is required by our compliance policies and efforts toward applicable legal, tax, accounting and regulatory requirements. How long we need information for those purposes varies by category, and even within categories. These retention determinations always consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from its unauthorized use or disclosure, whether we can achieve those purposes without using the personal information.

For example, we delete some data as soon as you exit the services, whereas we may retain records of your others for several years as required by law or contract, such as agreements with Payment Processors or under our accounting standards.

Your Rights

In General

As a user of the services, you have rights and choices about your personal information. We want you to be in control of your information, so we want to remind you of the following options available to you:

Content Opt-Outs: you may opt-out of any promotional communications from us by following the unsubscribe instructions in the communication you receive. We may continue to send you communications regarding the services, such as notices about administrative updates, transaction reports, and changes to the services, this Policy or the Terms.
Exercising Rights: If any of the location-specific rights listed below apply to you, see Requesting Information.
Disallowing Location Data Collection: When you access the services through a mobile device, we may offer you the ability to consent to sharing your precise (GPS level) geolocation with us, so we can customize your experience and the content you receive. You may change your location sharing settings at the browser or device level at any time.
Do Not Track: Do Not Track is a preference you can set on your browser or mobile device to inform websites that you do not want to be tracked. We do not support Do Not Track (“DNT”). You can either enable or disable Do Not Track by visiting the Preferences or Settings page of your browser or device.

Use by Minors

The services are intended for adult users.

We do not knowingly collect information from anyone under the age of 18, and we do not share or sell information about anyone under 18 without affirmative authorization. If we learn that we have collected information from a person under age 18, we will delete that information as quickly as possible after informing the minor that they cannot use the services.

If you are under 18: Sorry, but please leave the services. If you’ve already sent us information, please contact us first so we can delete it.
If you are a parent or guardian of a person under 18 years of age and you believe that minor provided information to us, please contact us.

Information About Local Privacy Laws

The services operate from the United States, but this Policy applies worldwide. Our practices generally do not differ based on your location, but your rights and choices depend in part on the law where you live. If any of the following location-specific sections apply to you, those sections override any contrary descriptions elsewhere in the Policy as they relate to you. If you have questions about your rights under other data privacy laws, please contact us.

International Data Transfers

If you reside outside the United States, we may transfer information about you for processing in the United States. By providing your information to us, you consent to the processing of the information in the United States. The transfer of this information to the United States is necessary for the performance of our contract for use of the services.

When we transfer personal data subject to GDPR outside of Twingle, we use standard contract clauses approved by the EU for this purpose, or another appropriate transfer mechanism.

Note that U.S. law is not equivalent to GDPR. As of the Last Updated date, the U.S. has not been deemed an ‘adequate’ jurisdiction under GDPR for the purposes of international data transfers. However, the EU and the U.S. are negotiating the terms of an adequacy determination that may go into effect in the years to come.

Information for users in the UK, EU and Switzerland

This section applies to you only if you reside in a jurisdiction where GDPR applies.

As described in the “How to control your privacy” section of the Policy, all our users have control over their information and can edit information in their account to limit what data we process. In addition to these rights, users residing in the UK, an EU jurisdiction or Switzerland are afforded the right to certain additional information with respect to their personal data under their local enactment of the General Data Processing Regulation (“GDPR”). If you reside in place where GDPR applies, this section applies to you.

Lawful Bases:

If we are aware that you reside in a GDPR jurisdiction, we only collect, use or share information about you when we have a valid reason. This is called a ‘lawful basis.’ Our lawful bases generally map to the Purposes above, but specifically include:

The consent you provide to us at the point of collection of your information
The compliance of a legal obligation to which we are subject, or
The legitimate interests of Twingle LLC or a third party.

We have a legitimate interest in gathering and processing personal data, for example: (1) to ensure that our networks and information are secure; (2) to administer and generally conduct our business; (3) to prevent fraud; and (4) to conduct our marketing activities.

Depending on your jurisdiction’s enactment of GDPR, you may have these rights:

Request Access (commonly known as a ‘data subject access request’). This enables you to receive a copy of the personal data we hold about you.
Request Correction. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
Request Erasure. This enables you to ask us to delete or remove personal data where there is no good reason for us to continue to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised objected to processing (see below), where we may have processed your personal data unlawfully, or where we are required to erase your personal data to comply with local law. We may not always be able to comply with your request of erasure for specific legal reasons. If so, we will notify you at the time of your request.
Object to Processing where we are relying on a legitimate interest (or those of a third party) and you object to particular processing due to a perceived impact on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information that override your rights and freedoms.
Request Restriction of Processing during the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful, but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise, or defend legal claims; or (d) you have objected to our use of your data, but we need to verify whether we have overriding legitimate grounds to use it.
Request the Transfer of Your Personal Data to You or a Third Party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. This right only applies to automated information that you initially provided consent for us to use or where we used the information to perform a contract with you.
Withdraw Consent at any time where we are relying on consent to process your personal data. If you withdraw your consent, we might not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent. For clarity, withdrawal is not retroactive.

We do not charge for access to your personal data or to exercise any of the other rights. However, we may refuse to comply with your request or charge a reasonable fee if your request is clearly unfounded, repetitive, or excessive.

Information for Users in Brazil

Overview: As described in the “How to control your privacy” section of the Policy, all our users have control over their information and can edit information in their account to limit what data we process.. In addition to these rights, users residing in Brazil are afforded the right to certain additional information with respect to their personal information under the Lei Geral de Proteção de Dados (LGPD). If you are a Brazilian resident, this section applies to you.
Data Controller: As described in the “Welcome” section of the Policy, Twingle Inc. is the controller for all user data, including users in Brazil.
Exercising your rights: All our users have control over their information and can directly edit or delete information from their account and limit what data we process. Users in Brazil have additional rights that you can exercise through the Twingle app directly or by contacting us. Those rights include:

Right of access to your personal data
Right to rectify your personal data if it is incorrect
Right to erase your personal data
Right to limit the processing of your personal data
Right to the portability of your personal data
Right to object to the processing of your personal data
Right to withdraw consent. Withdrawing consent does not affect the lawfulness of processing based on consent before withdrawal
Right to the review of decisions based on the processing of personal data carried out exclusively by automated means

Questions or concerns about your privacy? You can email us at hello@twingle.me.

Information for Users in Canada

Overview: As described in the “How to control your privacy” section of the Policy, all our users have control over their information and can edit information in their account to limit what data we process. In addition to these rights, users residing in Canada are afforded the right to certain additional information with respect to their personal information under the Personal Information and Electronic Documents Act (PIPEDA). If you are a Canadian resident, this section applies to you.
Data Controller: As described in the “Welcome” section of the Policy, Twingle Inc. is the controller for user data outside of the EEA and United Kingdom, including users in Canada.
Exercising your rights: All our users have control over their information and can directly edit or delete information from their account and limit what data we process. Users in Canada have additional rights that you can exercise through the Twingle app directly or by contacting us. Those rights include:

Right of access to your personal data
Right to rectify your personal data if they are incorrect
Right to withdraw consent. Withdrawing consent does not affect the lawfulness of processing based on consent before withdrawal
Right to file a complaint regarding the processing of your personal data with the Office of the Privacy Commissioner of Canada

Additionally, you may contact Twingle’s Privacy Officer by emailing hello@twingle.me.

Information for Users in the Republic of Korea

Overview: As described in the “How to control your privacy” section of the Policy, all our users have control over their information and can edit information in their account to limit what data we process.. In addition to these rights, users residing in the Republic of Korea are afforded the right to certain additional information with respect to their personal information under the Personal Information Protection Act. If you are a Republic of Korea resident, this section applies to you.

Data Controller: As described in the “Welcome” section of the Policy, Twingle Inc. is the controller for user data outside of the EEA and United Kingdom, including users in the Republic of Korea.
Data retention and destruction: We retain personal information until we determine it is no longer needed for the processing purposes for which we collected or retain it or for legal compliance. You can learn more about data retention periods and the deletion process in our data retention policy.
Exercising your rights: All our users have control over their information and can directly edit or delete information from their account and limit what data we process. Users in the Republic of Korea have additional rights that you can exercise through the Twingle app directly or by contacting us. Those rights include:

Right of access to your personal data
Right to rectify your personal data if they are incorrect
Right to erase your personal data
Right to limit the processing of your personal data
Right to the portability of your personal data
Right to object to the processing of your personal data
Right to withdraw consent. Withdrawing consent does not affect the lawfulness of processing based on consent before withdrawal.

‍Additionally, you may contact Twingle’s Privacy Officer by emailing hello@twingle.me.

Information for Users in Certain U.S. States

Exercising your rights: If you are a resident of California, Colorado, Connecticut, Utah, Virginia or another state with a similar data-privacy law, you may have additional rights to those stated above that you (or, in certain states, an authorized agent acting on your behalf) can exercise by contacting us, including the right to:

More information about the categories and specific pieces of personal information we have collected and disclosed for a business purpose in the last 12 months
Access and/or receive a copy of certain personal information we hold about you
Correct your personal information
Delete certain personal information we hold about you
Receive information about the financial incentives that we offer to you, if any
Opt out of the processing your personal information for purposes of profiling in furtherance of decisions that produce legal or similarly significant effects, if applicable
You also have the right to not be discriminated against for exercising your rights.
You may also have the right to opt out of “sales” of your information and “sharing/processing of your information for targeted advertising.” We do not sell the personal data of our users.

Certain information may be exempt from the requests above under applicable law. For example, we need to retain certain information in order to provide our services to you. We also need to take reasonable steps to verify your identity before responding to a request. If you are an authorized agent submitting a request on a user’s behalf (where permitted), we may require proof of your written authorization before processing the request. Depending on applicable law, you may have the right to appeal our decision to deny your request.

If you have any questions about these rights, wish to exercise them, or request an appeal, please reach out to us at hello@twingle.me.

Additional Information for Users in California

In addition to the rights described above, consumers residing in California are afforded the right to certain additional information with respect to their personal information under the California Consumer Privacy Act or (“CCPA”). If you are a California resident, this section applies to you.

‍We collect the following categories of personal information: identifiers (such as your name, email address, and phone number); commercial information (like a records about your subscription to the services, if any); internet or other network information (how you interact with the services); location information (because your IP address may indicate your general location); inference data about you (if any, such as what content you may be interested in); and other information that identifies or can be reasonably associated with you. For more information about what we collect and the sources of such collection, please see the “Information We Collect and How We Use It” section of the Policy. To the extent we collect or use sensitive personal information as defined by law (such as the CCPA), we do so in accordance with applicable legal requirements, and we do not use or disclose it other than for purposes for which there is not a right to limit under the CCPA.
We collect personal information for the business and commercial purposes described in the “Information We Collect and How We Use It” section of the Policy.
‍Disclosure of personal information: We may share your personal information with third parties as described in the “Our Disclosures of Information to Others” section of the Policy. We disclose the categories of personal information mentioned in that section for business or commercial purposes.
‍No sale or “share” of personal information: The CCPA sets forth certain obligations for businesses that sell or “share” personal information. We do not sell or share the personal information of our users as those terms are defined in the CCPA. We do disclose certain information as outlined in the “Our Disclosures of Information to Others” section of the Policy and you can make choices with respect to your information as outlined in that policy.
We retain personal information as described in the “How Long We Retain Your Information” section of the Policy.

California’s “Shine the Light” law gives residents of California the right under certain circumstances to request information from us regarding the manner in which we share certain categories of personal information (as defined in the Shine the Light law) with third parties, as defined under applicable law, for their direct marketing purposes. We do not share your personal information with third-parties for their own direct marketing purposes unless you opt-in to such direct marketing, and you can opt-out at any time.

Requesting Information:

Submitting requests: To exercise any rights described in this Policy, please contact us. Your request must:

provide sufficient information to identify you and the law that applies to you, such as your name, e-mail address, home or work address, or other information we maintain.
do not include social security numbers, driver’s license numbers, third-party account numbers, credit or debit card numbers, or health information.

Verifying requests: We verify requests by first confirming the source of the request and then by matching the information submitted to the information we maintain. If your request is unclear or we are unable to authenticate your identity, we will respond with direction on how to remedy the deficiencies, in accordance with law that applies to you. If we cannot verify the identity of the individual making the request, we may deny it, in full or in part.

Responses to requests: We will respond to your request as quickly as we can, taking into account the nature of your request and the volume of pending requests. The content of our response will vary with the nature of your request, but will always respond in accordance with any deadlines or requirements specified by the laws that applies to you.

Under certain circumstances, we may be unable to provide responsive personal information, such as when disclosure would create a substantial, articulable and unreasonable risk to the security of the information, customers’ account with us, or the security of our systems or networks. We do not disclose account passwords or any other non-personal information that enables access to an account.

Please understand, however, that we reserve the right to retain an archive of any deleted information, to the extent permitted by law. We may also retain deidentified or aggregate data derived from information about you.

Appealing Decisions:

Residents of California, Colorado, Connecticut and Virginia (and any other states with laws that provide for an appeal process) may appeal a decision we have made regarding their requests by contacting us.