Privacy Policy

Last updated July 28, 2023

Welcome to Flux, an AI-driven application that enables you to transform your videos into various visual styles (also known as "Flux", "App"). Here at Flux, we highly value and protect your privacy, and we will only utilize your personal information after receiving your consent for the collection and processing of your personal data under the terms outlined below.

1. Introduction
Flux ("Company", "We", "Us", or "Our") is committed to protecting the privacy of its users ("Users", "You", "Your"). This Privacy Policy details how we collect, use, and safeguard your personal information when you interact with our website, software, and/or services (collectively "Services").

2. Changes to Privacy Policy
We may modify this Privacy Policy. In the event of any changes, we will notify you by updating the revision date at the beginning of this policy. In certain circumstances, we may provide further notice, such as including a notice on our website's homepage or delivering a notification to you. You understand and agree that you will be deemed to have accepted the updated Privacy Notice if you continue to use our Services after the new Privacy Notice takes effect.

3. Information We Collect
The types of personal data we gather are contingent upon your engagement with us, our services, and the stipulations of relevant legislation. This includes data you directly provide to us, data we derive automatically as you utilize our services, and data sourced from other entities such as third-party services and organizations, as detailed further below.

3.1 Information You Provide to Us Directly
(a) Images:
When you use our app, you may choose to upload images from your device. To note, we cannot access photos from your camera roll without access to your device's camera. However, it's crucial to understand that we do NOT gather or store biometric data such as the characteristics and structure of your face. Therefore, we do NOT use facial recognition technologies or other methods to process biometric data for unique user identification or authentication.
(b) Videos:
Similar to photos, while using our app, you might choose to upload videos from your device. Please note, we can't access videos from your device's gallery without access to your device's camera. Importantly, we do NOT collect or store any biometric data such as the identification or authentication patterns present in your videos. Thus, we do NOT apply any video recognition technologies or other methods for processing biometric data for unique user identification or authentication.
(c) User Interaction Information:
We may gather data relating to your activity within our services, such as the pages you have visited and their duration. Other data may include your IP address, traffic source, device and operating system details, information about your wireless and mobile network connections, unique device identifiers, browser type, language, battery level, and time zone. With Google Analytics, we capture your IP address, device model, screen resolution, operating system, session durations, and your location. This information assists us in understanding your preferences and interests, evaluating our campaign effectiveness, and enhancing our app.
(d) Interactive Feature Data:
Both we and other users of our services may collect personal information that you share or make available through our interactive features, like the content you post and social media pages. Any data shared in the public sections of these features will be regarded as "public" unless otherwise required by law and is not protected by the privacy safeguards mentioned here.
(e) Purchase Data:
Once Flux enables purchases, we may collect personal information and specifics related to your purchases, including payment details. In some situations, you may need to provide us with extra information for identity verification before completing a transaction. Payments made through our services are handled by third-party payment processors. While we do not directly gather or store any payment card details entered through our services, we may receive information linked to your payment card information, such as your billing details.
(f) Communications:
We may collect personal information, such as your email address and phone number, when you inquire about our services, subscribe to our newsletter or marketing, request customer or technical support, or otherwise communicate with us.(f) Surveys: We might invite you to take part in surveys. Should you choose to participate, you may be required to provide certain information, which could include personal data.

3.2 Automatically Gathered Information
As you utilize our services, we might automatically collect your personal data:
(a) Automated Data Gathering:
When you use our services, we might automatically collect certain details such as your Internet Protocol (IP) address, user preferences, Media Access Control (MAC) address, identifiers for cookies, mobile carrier, identifiers for mobile advertising and other unique characteristics, information about your browser or device, location details (including an approximate location determined by your IP address), your Internet service provider, and metadata about the content you provide which can offer specifics such as the location where a photo was taken. We might also collect details about your service usage, like the pages you visit before, during, and after using our services, information about the links you click, the types of content you engage with, the frequency and duration of your activities, your app usage history, and other information about how you use our services.
(b) Cookies, Web Beacons/Pixel Tags, and Other Technologies:
We, and also third parties that provide content, advertisements, or other functionalities on our services, may use cookies, web beacons (also known as pixel tags), local storage, and other technologies ("Technologies") to automatically collect information through your use of our services.
i. Cookies:
These are small text files placed in device browsers to store preferences and aid in enhancing your experience.
ii. Web Beacons/Pixel Tags:
A web beacon (or pixel tag) is a code piece embedded in our services that gathers information about engagement on our services. It allows us to record, for instance, when a user has visited a particular web page or clicked on a specific advertisement. We may also include web beacons in emails to understand whether the messages have been opened, acted upon, or forwarded.

The application of these Technologies falls into the following primary categories:

Operationally Essential: This includes Technologies that give you access to our services, the app, and tools necessary to identify unusual website behavior, prevent fraudulent activities and enhance security or that enable you to use our functionality;
Performance-Related: We may use Technologies to assess our services' performance, including as part of our analytical practices to understand how individuals use our services (refer to the “Analytics” category below);
Functionality-Related: We may use Technologies that offer you increased functionality when accessing or using our services, like identifying you when you sign into our services or keeping track of your specified preferences, interests, or previously viewed items;
Advertising or Targeting-Related: We may use first-party or third-party Technologies to deliver content, including ads pertinent to your interests, on our services or on third-party websites. Please refer to Section 6 (Your Privacy choices and Rights) below to understand your choices concerning these Technologies;
Analytics: We may use Technologies and other third-party tools to process analytical information on our services. Some of our analytics partners include Google Firebase. For more information, please visit the Google Privacy Terms web page. To learn more about how to opt out of Google’s use of your information on the app, please follow the instructions provided in Google Privacy Terms.

3.3. Information Gathered from Additional Sources
We may gather information about you from other sources, including via third-party services and organizations. For example, if you access our services through a third-party application, such as an app store, a third-party login service, or a social networking site, we may gather information about you from that third party or third-party application that you have made available through your privacy settings.

4. How We Employ Your Information
We leverage your information for various business uses, including service provision, administrative tasks, and marketing our products and Services, as detailed below.
Should Flux decide to modify the processing objectives outlined above, we will notify you about these changes prior to using your personal data for the new objectives and seek your separate consent (if required by the relevant laws).

4.1. Service Provision
We employ your information to fulfill our contract with you and offer you our Services, for instance:
(a) Restyling your videos;
(b) Handling your information;
(c) Granting access to specific areas, functionalities, and features of our Services;
(d) Responding to requests for customer or technical support;
(e) Engaging with you about your activities on our Services, and changes in policy; and
(f) Processing your financial details and other payment methods for purchased products or Services.

4.2. Administrative Tasks
We employ your information for several administrative tasks, such as:
(a) Pursuing our valid interests such as direct marketing, research and development (including marketing research), network and information security, and fraud prevention;
(b) Identifying security incidents, defending against malevolent, deceptive, fraudulent or unlawful activity, and prosecuting the individuals responsible for such activities;
(c) Evaluating interest and engagement in our Services;
(d) Short-term, transient use, such as contextually customizing advertisements;
(e) Enhancing, upgrading or improving our Services;
(f) Developing new products and Services;
(g) Ensuring internal quality control and safety;
(h) Verifying and authenticating individual identities;
(i) Debugging to identify and fix errors in our Services;
(j) Conducting audits related to interactions, transactions, and other compliance activities;
(k) Enforcing our agreements and policies; and
(l) Complying with our legal requirements.

4.3. Marketing and Advertising our Products and Services
We may employ personal data to customize and deliver content and advertisements. We may provide you with these materials as allowed by relevant law.

Our marketing strategies may include email campaigns, custom audiences advertising, and "interest-based" or "personalized advertising," including via cross-device tracking.

If you have any inquiries about our marketing practices or if you want to opt out of the use of your personal information for marketing purposes, you may reach out to us at any time as stated in Section 15 (Contact Us) below.

4.4 Other Purposes
We also utilize your information for other purposes as per your request or as sanctioned by applicable law.
(a) Consent. We may employ personal data for other purposes that are clearly communicated to you when you provide personal data or with your agreement.
(b) Anonymized and Aggregated Information. We may utilize personal data and other details about you to create anonymized and/or aggregated information, such as anonymized demographic data, anonymized location data, information about the device from which you access our Services, or other analyses we generate.
(c) Share Content with Friends or Colleagues. Our Services may offer various tools and functionalities. For instance, we may allow you to share information about your friends or colleagues through our referral services. These referral services may allow you to forward or share specific content with a friend or colleague, such as an email inviting your friend to use our Services.
5.How We Share Your Information
We share your information with third parties for multiple business purposes, including to offer our Services, to safeguard us or others, or in the event of a significant business transaction like a merger, sale, or asset transfer, as outlined below.
5.1. Disclosures to Provide our Services
The categories of third parties with whom we may share your information are outlined below.
(a) Other Users or Third Parties. When utilizing the Services, you may choose to share personal information or content with other users or third parties. Moreover, certain aspects of your profile may be accessible to other users.
(b) Service Providers. We may share your personal data with our third-party service providers who use that data to assist us in providing our Services. This includes providers that offer us IT support, hosting, payment processing, customer service, and related services.
(c) Business Partners. We may share your personal data with business partners to offer you a product or service you have requested. We may also share your personal data with business partners with whom we jointly offer products or services.
(d) Advertising Partners. We may share your personal data with third-party advertising partners. These third-party advertising partners may set Technologies and other tracking tools on our Services to gather information regarding your activities and your device (e.g., your IP address, cookie identifiers, pages visited, location, time of day). These advertising partners may use this data (and similar information collected from other services) for purposes of delivering targeted advertisements to you when you visit digital properties within their networks. This practice is commonly referred to as “interest-based advertising” or “personalized advertising.”
(e) APIs/SDKs. We may employ third-party application program interfaces (“APIs”) and software development kits (“SDKs”) as part of our Services' functionality. For more information about our use of APIs and SDKs, please contact us as outlined below.

5.2. Disclosures to Protect Us or Others
We may access, preserve, and disclose any information we store associated with you to external parties if we, in good faith, believe doing so is required or appropriate to: comply with law enforcement or national security requests and legal process, such as a court order or subpoena; protect your, our, or others’ rights, property, or safety; enforce our policies or contracts; collect amounts owed to us; or assist with an investigation or prosecution of suspected or actual illegal activity.

6.Your Privacy Choices and Rights

6.1. Your Privacy Choices
The privacy choices you may have about your personal data are determined by applicable law and are outlined below.
(a) Devices. We may send you push notifications through our App. You may opt out from receiving these push notifications by altering the settings on your device. With your consent, we may also collect precise location-based data via the App. You may opt out of this collection by changing the settings on your device.
(b) “Do Not Track.” Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. We want to make it clear that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers.
(c) Cookies and Interest-Based Advertising. You may stop or restrict the placement of Technologies on your device or remove them by adjusting your preferences as your browser or device permits. However, if you adjust your preferences, our Services may not function correctly. Please be aware that cookie-based opt-outs are not effective on mobile applications. However, you may opt-out of personalized advertisements on some mobile applications by following the instructions for Android, iOS and others. The online advertising industry also provides websites from which you may opt out of receiving targeted ads from data partners and other advertising partners that participate in self-regulatory programs. You can access these and learn more about targeted advertising and consumer choice and privacy by visiting the Network Advertising Initiative, the Digital Advertising Alliance, the European Digital Advertising Alliance, and the Digital Advertising Alliance of Canada.

Please note you must separately opt out in each browser and on each device.

6.2. Your Privacy Protections
Under applicable law, you may possess the following rights:
(a) Request access to your personal data, also known as a "data subject access request." This allows you to obtain a copy of the personal data about you that we hold and verify its lawful processing.
(b) Request the correction of the personal data we store about you. This enables you to rectify any incomplete or inaccurate data we possess about you, but we may need to confirm the accuracy of the new data you provide us.
(c) Request the erasure of your personal data. This allows you to request us to delete or remove personal data when there's no valid reason for us to continue processing it. You can also request the deletion or removal of your personal data if you have successfully exercised your right to object to processing (see below), if we may have processed your data unlawfully, or if we must delete your personal data to comply with local laws. However, we may not always be able to comply with your request for erasure for specific legal reasons, which we will inform you of, if applicable, at the time of your request.
(d) Object to the processing of your personal data when we rely on a legitimate interest (or those of a third party), and something about your specific situation makes you want to object to processing because it affects your fundamental rights and freedoms. You also have the right to object if we process your personal data for direct marketing purposes. In some instances, we may prove that we have compelling legitimate grounds to process your information that override your rights and freedoms.
(e) Request the restriction of processing of your personal data. This allows you to ask us to halt the processing of your personal data under the following conditions:
i. If you want us to verify the data's accuracy;
ii. If our use of the data is illegal, but you do not want us to erase it;
iii. If you need us to keep the data even if we no longer need it because you need it to establish, exercise, or defend legal claims; or
iv. If you have objected to our use of your data but we need to confirm whether we have overriding legitimate grounds to use it.
(f) Request the transfer of your personal data to you or a third party. We will supply you or your chosen third party with your personal data in a structured, commonly used, machine-readable format. This right only applies to automated information for which you initially provided consent or which we used to enter a contract with you.
(g) Withdraw consent at any time if we rely on consent to process your personal data. However, this will not impact any processing conducted before your consent withdrawal. If you withdraw your consent, we might not be able to offer specific products or services to you. We will inform you if this is the case when you withdraw your consent.

6.3. Procedure to Exercise Your Privacy Rights
If you wish to exercise any of the above rights, please contact us as outlined in the Contact Us below. We will process such requests according to applicable laws and provide information on the actions taken on your request within one month after receiving your request. If Flux is overwhelmed by the volume of user requests or if the request is complex and demands additional resources, the general response period may extend by two (2) additional months. Flux will inform you of such extension within one month after receiving the request, providing reasonably detailed reasons for the delay.

7. Security Of Your Information
We take measures to ensure your information is processed securely and in compliance with this Privacy Notice. Regrettably, no system is entirely secure, and we cannot guarantee or warrant the security of any information you give us. To the maximum extent permitted by applicable law, we do not accept liability for unauthorized disclosure.
By using our Services or giving us personal information, you consent to electronic communications from us regarding security, privacy, and administrative issues related to your use of our Services. If we discover a breach in our security system, we may attempt to notify you electronically by posting a policy on our Services, through mail, email, or any other suitable notification method.

8. International Data Transfers
Please be aware, Flux is managed by Offbeat Apps LLC, a Georgia Limited Liability Company, which might necessitate the transfer of your data to the United States. Flux's third-party providers in other regions may also access your data, and these regions may have data protection laws differing from those where you live.If you are an EU resident, be informed that the transfer of your data to recipients in these countries is secured either by the inclusion of contractors from these countries based on standard contractual clauses adopted by the European Commission or another basis compliant with the EU data protection laws, including your explicit consent. By using our Services, you consent to such transfer and processing under the purposes defined in this Privacy Notice.In all situations where we transfer your information to other individuals, we ensure your information is protected and used strictly within the purposes outlined in this Privacy Notice. We achieve this by using certified services and products, signing personal data protection and non-disclosure agreements with contractors, and implementing technical measures to protect the information during storage, use, and transfer.Be aware that Flux may disclose your personal information to enforce and comply with the law. Meaning, Flux may provide necessary information for an investigation or legal process upon official request or to official bodies acting within their authority.Contact us if you require further details on the specific mechanism we use for international data transfers of your personal data.

9. Retention Of Personal Information
We may retain the personal information we collect as described in this Privacy Notice for as long as you use our Services or as necessary to fulfill the purpose(s) for which it was gathered, provide our Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws.

10. Additional Policy For California Residents
This Additional Policy for California Residents applies only to our processing of personal information subject to the California Consumer Privacy Act of 2018 (“CCPA”). The CCPA gives California residents the right to know what categories of personal information a person (either a natural person or a legal entity) has collected about them and whether that person has disclosed that personal information for a business purpose (such as to a service provider) in the previous twelve months. California residents can find this information below.

10.1. Types and Disclosure of Personal Data Gathered
The type of personal information we collect and the third-party entities we disclose it to for business purposes include:
(a)Identification data: Shared with service providers, other users or third parties you interact with, and advertising associates.
(b)Data as stated in Cal. Civ. Code § 1798.80(e): Disclosed to service providers and any other users or third parties you engage with.
(c)Commercial data: Disclosed to service providers, other users or third parties you communicate with.
(d)Internet or electronic network activity information: Shared with service providers, other users or third parties you interact with, and advertising partners.
(e)Sensory information: Shared with service providers, other users or third parties you communicate with.
(f)Geographical location data: Disclosed to service providers, other users or third parties you engage with, and advertising associates.
(g)Professional or work-related data: Shared with service providers, other users or third parties you interact with.
(h)Profile inferences drawn from other personal data: Disclosed to service providers, other users or third parties you communicate with, and advertising partners.

The sources from which we collect personal information and the commercial and business purposes for using this information are described earlier.

10.2. Additional Rights for California Residents
(a) Under the CCPA, we do not “sell” personal information as defined by the law, and we don't knowingly engage in any “sale” of personal information of minors under the age of 16.
(b) California residents have the right to not be discriminated against by us for exercising their rights as provided by the CCPA.
(c) Only you or a legally authorized agent can make a verifiable consumer request related to your personal information. If you wish to designate an authorized agent, please contact us as specified below.
(d) Upon receiving a request, we will require sufficient information to reasonably verify that you are the person about whom we collected personal information or an authorized representative. This may include confirming the email address associated with any personal information we have about you.

If you're a California resident and want to exercise any of your CCPA rights, please contact us as explained in Section 15 (Contact Us) below. We will process these requests in compliance with the applicable laws.

11. Additional Policy For Nevada Residents
If you're a Nevada resident, you have the right to opt out of the sale of specific personal information to third parties who intend to license or sell that personal information. You can exercise this right by contacting us as mentioned in Section 15 (Contact Us) below, with the subject line “Nevada Do Not Sell Request” and providing your name and the email address connected to your account. Note that we don't currently sell your personal information as defined in Nevada Revised Statutes Chapter 603A.

12.Information Regarding Children
Our Services are not intended for children under 13 years of age (or other age as required by local law), and we don't intentionally collect personal information from children. If you discover that your child has given us personal information without your consent, you may contact us as described in Section 15 (Contact Us) below. If we find out that we have collected a child's personal information in violation of applicable law, we will promptly delete such information.

13. Links to Third-Party Websites/Applications
Our Services may contain links to other websites/applications or be referenced or linked to from other websites/applications. We do not control these third-party services. We recommend our users to review the privacy policies of each website and application they visit. We do not support, screen or approve, and are not responsible for the privacy practices or content of such other websites or applications. Providing personal information to third-party websites or applications is at your own risk.

14.Supervisory Authority
If you're located in the European Economic Area, Switzerland, or the United Kingdom, and believe our processing of your personal information violates applicable law, you have the right to lodge a complaint with a supervisory authority. The full list of authorities on personal data protection in each EU member state can be found here: https://digital-strategy.ec.europa.eu/en/library/list-personal-data-protection-competent-authorities.

15. How to Contact Us
We hope this Privacy Notice has given you a clear understanding of how we manage your personal information at Flux. We are committed to protecting your personal data. If you have any questions about our privacy practices or this Privacy Notice, or if you would like to exercise your rights as detailed in this Privacy Notice, please reach out to us at: privacy@tryflux.ai or send us mail at the address below.

Offbeat Apps LLC
6595 Roswell Road
Suite GPMB6720
Atlanta, GA 30328
United States

Please note that the effective date of this policy is July 17, 2023. If we make any changes to this Privacy Policy, we will notify you by updating the effective date. Your continued use of the Services after such changes will indicate your acceptance of the revised policy.