1. DEFINITIONS

Personal data means any information relating to an identified or identifiable natural person (“data subject/user”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

Controller means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.

Processor means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller. Processors act on behalf of the relevant controller and under their authority.

Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

Data subject/user is any identified or identifiable natural person, whose personal data is processed by the controller/processor; a user of the Website/Platform.

Pseudonymization means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organizational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.

Encryption is a security protection measure for personal data; as a form of cryptography, it is a process whereby personal data gets turned into an encoded and unintelligible version, using encryption algorithms and an encryption key, and whereby a decryption key or code enables users to decode it again.

Consent of the data subject means any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.

2. PERSONAL DATA COLLECTION AND USE

Anyone can access our Website without necessity to provide its personal data (please note that the Website may collect cookies subject to your consent).

The purpose of processing your personal data by the Company and collection of information about you are as follows (the “Purpose”):

1. Your intention to use Website/Platform;

2. For the performance of a contract to which the user is a party, in accordance with Article 6.1.b of the GDPR and the collected data are necessary in order for Website/Platform to identify and bill the user and to charge its bank card number;

3. For verifying your identity and providing customer care service and assistance;

4. Analyze your use of our Website and Platform to better understand how they are being used so we can improve our Services and the user experience, and engage and retain users.

We may use your Personal data to: (a) improve your browsing experience by personalizing the Website and to improve the Platform; (b) send information to you by email regarding registration status, password verification, payment confirmation; (c) send you communications relating to your use of the Platform, and (d) provide our partners with statistical information about our users by secured channels under data processing agreements (DPA); (e) send you marketing and promotional materials and messages.

As you are willing to use Platform you are required to provide your personal data (to register an account and purchase the Platform Services), thus becoming a user of the Platform.

Please be aware that you are not obliged to provide us with your personal data. However, if you do not provide us with your email address and payment information, you may not be able to create an account to log into and make a purchase of the Platform Services.

3. SCOPE AND CATEGORIES OF PERSONAL DATA, LAWFUL BASIS FOR PERSONAL DATA PROCESSING AND DATA SUBJECT CATEGORIES

We strive to be compliant with data privacy regulations and implemented data minimization principles.

The storage of this data takes place against the background that this is the only way to prevent the misuse of the Platform, and, if necessary, to make it possible to investigate committed offenses.

The personal data are not transferred to third parties, except events, when it’s necessary with an aim to provide the Platform (to our service providers: e.g. emails sender provider, cloud storage, etc.) and/or there is a lawful obligation to transfer these data under request of government authorities and/or the transferring is executed in respect of criminal proceedings.

We do not authorize the use of your personal data by any third party (only under exceptional conditions as described under “Legal Matters“ below). We operate and maintain a variety of online security measures to safeguard and keep your personal information private and secured.

When you purchase the Platform Services you have to fill the user’s information, which should contain your personal information as email and your name which is processed and stored by us.

You also have to fill the payment Information, which should contain your personal data, which might be partly processed by us and processed by the payment providers.

Based upon the personal data you provide us at registration of an account, we may send you a welcoming e-mail to verify your login and password.

You may enter to your account on our Website under login and password. All your activity in your account is password-protected, and you should keep and take all necessary measures to protect the secrecy of your password.

We will also communicate with you in response to your inquiries, regarding any information or services you request.

Based on your separate consent, we may send you the marketing emails. You may always opt-out (unsubscribe) from any communication in your account (except operational and/or non-marketing notification as following: payment acceptance, payment notification, necessary updates notification, refunds issue etc.).

All personal data is stored in encrypted way on the Platform servers with using of the last encryption and protection technologies and standards.

If you use a computer in a public place or share a computer with others, remember to log out/sign out and close your browser window when you finish accessing HypnoPixels in order to prevent others from accessing your personal information. You are solely responsible for the control and use of each password you create.

Payment information

We implemented all necessary measures and standards in an area of payment security for the Platform. We cooperate with different payment service providers and before our cooperation we check them according to our policies for the availability of licenses and other permits for the acquirer transactions. Within a payment execution you provide the following information to the payment service provider: (i) credit/debit card number; (ii) expiration date of credit/debit card; (iii) your full name; (iv) your e-mail. This information might be partly collected and stored by us or the payment service provider (if applicable).

Data that we collect automatically.

We also collect and store information that is generated automatically as you navigate through our Website/Platform to enhance your experience on our Website by using tracking technologies such as Cookies, Log Files and Pixel tags.

As you navigate our Website(s) information that we automatically collect is information in “log files“ about your device’s device’s connection to the Internet, length of time spent on the Website/Platform, and the pages accessed during each visit to the Website/Platform. We use this information to analyze trends, administer the Website/Platform, track user movement on the Website/Platform, and gather broad statistical information for aggregate use.

Our Website uses cookies.

Cookies are text files that are stored in a computer system via an Internet browser. Cookies are small files that your web browser places on your hard drive for record-keeping purposes. By showing how and when visitors use the Website, Cookies help us track user trends and patterns. They also prevent you from having to re-enter your preferences on certain areas of the Website where you have entered preference information before. Cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a character string through which Internet pages and servers can be assigned to the specific Internet browser in which the cookie was stored. This allows visited Internet sites and servers to differentiate the individual browser of the data subject from other Internet browsers that contain other cookies. A specific Internet browser can be recognized and identified using the unique cookie ID.

Through the use of cookies, we can provide users of this Website with more user-friendly services that would not be possible without the cookie setting. By means of a cookie, the information and offers on our website can be optimized with the user in mind.

The data subject may, at any time, prevent the setting of cookies through our Website by means of a corresponding setting of the Internet browser used, and may thus permanently deny the setting of Cookies.

Furthermore, already set cookies may be deleted at any time via an Internet browser or other software programs. This is possible in all popular Internet browsers. If the data subject deactivates the setting of Cookies in the Internet browser used, not all functions of our website may be entirely usable.

If you do not wish to receive Cookies you may be able to refuse them by adjusting your browser settings to reject Cookies. If you do so, we may be unable to offer you some of our functionalities, services or support. If you have previously visited our Website, you may also have to delete any existing cookies from your browser.

Also, we may use Pixel tags (single-pixel image files also known as transparent GIFs, clear GIFs or web beacons) to access Cookies and to count users who visit the Website or open our HTML-formatted e-mail messages.

Please, find the detailed information in our Cookie Policy.

4. ENCRYPTED DATA

We have put in place security hardware, software and software update and network scanning procedures designed to safeguard and secure the information (including personal data) under our control and follow generally accepted industry standards. We work (if applicable) with third party service providers and vendors that use encryption and authentication to maintain the confidentiality of your personal data. If stored, we house personal data on systems behind firewalls that are only accessible to limited personnel, who are under data processing agreement.

We store personal data of all our users in an encrypted way. We use asymmetric public-private key cryptosystem RSA with key size is 4096 bit (further RSA) and symmetric-key algorithm AES with key size is 256 bit (further AES).

Asymmetric public-private key cryptosystem RSA (key size is 4096 bit) use public encryption key and private decryption key. The public encryption key is storing in database (DB) in open way. The private decryption key is storing in DB encrypted using AES 256 using key which consist of the user’s password and secret key. It cannot be decrypted without user’s password and secret key.

User’s credentials are user’s login is stored in DB. User’s password is not stored. We store only hash of the password. We generate public-private key pair for cryptosystem RSA during user’s sign up. This public-private key pair is unique for each user. The key pair is stored in DB encrypted format using AES 256.

Login process: We use user’s password from login form for decrypting user’s original private key.

Encryption data: We get opened data from devices using encrypted https protocol. We immediately start encryption process of the data on the server in the RAM without storing on server`s disks. We encrypted data using RSA using user’s public encryption key. The encrypted data is saved to our servers.

Decryption: We get user’s decrypted private key. We decrypt user’s text data using user`s original private decryption key. We show this information to user.

5. LEGAL MATTERS

We consider your use of Platform to be private. However, we may disclose your personal data stored in your account and/or on our servers and databases, in order to:

1. comply with the law or legal process served on us;

2. enforce and investigate potential violations of this Privacy Policy, Terms of Use; including use of the Website/Platform to participate in, or facilitate activities that violate the law;

3. legitimate interest, including investigate potential fraudulent activities;

4. protect the rights, property, or safety of our Company, its employees, its customers or the public;

5. or to provide the features of the Website and Platform properly.

In the event of a change of control of the Website/Platform (such as asset transfers through a merger, sale, assignment or liquidation of the business entity, or any of its properties, assets or equity) or, in the event of a direct or indirect sale of any of its publishing properties and/or its website(s)in our possession will be transferred to the new owner/successor. You will be notified of any such transaction and have an ability to exercise your legal rights under GDPR. You may always change or delete your personal data or opt out by contacting us as provided below, or if the acquirer posts a new Privacy Policy with new contact information, you may change or delete your personal data or opt out by following any new instructions that are posted.

The Platform may use certain trusted third parties service providers to help us provide, improve, and protect the services offered on the Website/Platform. Comapny shares Personal data with these third parties service providers. These third parties service providers will access your information only to perform services on Company’s behalf, in compliance with this Privacy Policy, and under the respective agreements. For example, Company may provide payment information that you provide to certain payment processors (if applicable), without which a user would not be able to purchase the and solely to effect the sale of products or subscriptions that you have requested, and provides other personal data to third party service providers for purposes such as delivering email communications, providing customer support, and preventing fraudulent transactions.

Company may share IP addresses used to access Website/Platform with designated third parties service providers for the sole purpose of preventing and detecting fraud. Company may also use services and technologies provided by other companies to assist Company in understanding how you use Website/Platform. As a result, information about how you use Website/Platform may be available to these other companies to the extent that their technology collects such information for HypnoPixels use or for purposes of delivering relevant online or mobile advertising to you.

As we use third party technological services for the provision of Services, we may transfer your personal data internationally. Providers of such technological services may process personal data collected in the course of providing us their services as service providers only under the respective agreements.

Except as specifically noted in this Privacy Policy, Company does not sell, exchange, transfer, or give personal data to any other company.

In case there might be a risk of unauthorized disclosure of personal data the Company communicates the personal data breach to the user (data subject) without undue delay. However, the encryption is useless if the access password or other credentials are weakly protected and stored by user. In this case the Company is not responsible for personal data breach. In the case of a personal data breach, we, as a business, shall without undue delay and, where feasible, not later than 72 hours after having become aware of it, notify the personal data breach to the competent supervisory authority.

Please note that we do our best to moderate the setting of the AI model to not include any inappropriate or harmful content, however, it is your sole responsibility to upload images, videos, and other content that is not unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, or can be otherwise interpreted as harmful content. Please contact us at support@hypnopixels.com if you find any content to be offensive.

6. WHERE DATA SUBJECT’S PERSONAL DATA ARE STORED

Usually, personal data, which are provided by users are stored on the servers in Germany, Netherlands and EU multi-regional. We adopted all necessary security measures for protection of your personal data according to the best practices of security, protection and confidentiality. If we transfer your personal data to third party service providers, we will compel each third-party service provider to adopt necessary security measures for protection of your personal data according to the respective data protection agreement.

7. YOUR RIGHTS AS A DATA SUBJECT

Access.

You have right to request an explanation of the personal data we process about you. Also, you can request a copy of your personal data undergoing processing.

Data portability.

You have a right to receive the personal data concerning you, which you provided to us. You can make a request to transmit this data directly to another data controller in a structured, commonly used and machine-readable format. We will transmit your data directly to another controller in cases where it is technically feasible.

Restrict processing.

You have right to request us to temporarily or permanently stop processing all or some of your personal data.

Rectification.

You have right to request to rectify/correct any inaccurate data about you.

Erasure.

You have a right to be forgotten which means that we will delete all personal data that you have provided to us. Note, we may retain certain information as required by law and for legitimate business purposes permitted by law.

Object processing.

You can, at any time, object to the processing of your personal data on grounds relating to your particular situation. You have the right to object your personal data being processed for direct marketing purposes.

Right to lodge complaints.

You have the right to lodge complaints in relation to the data processing activities carried out by us to the competent data protection authorities.

Not to be subject to automated decision-making.

You have a right to not be subject to a decision based solely on automated decision making, including profiling, where the decision would have a legal effect on you or produce a similarly significant effect.

Right of confirmation.

Each data subject shall have the right granted by the European legislator to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed.

Right to withdraw data protection consent.

Each data subject shall have the right granted by the European legislator to withdraw his or her consent to processing of his or her personal data at any time.

Each data subject shall have the right If one of the aforementioned reasons applies, user may at any time contact us via email support@hypnopixels.com. by the European legislator to withdraw his or her consent to processing of his or her personal data at any time.

HypnoPixels will not discriminate against you for exercising your rights under this section of this Privacy Policy.

8. CHILDREN’S PRIVACY

Provision of HypnoPixels generally not aimed at children. This Website/Platform is not intended for use by children under the age of 16.

We do not knowingly collect information from children and minors. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Policy by instructing their children to never provide information on our Website/Platform without their permission.

Our Website/Platform is not directed to, nor do we knowingly collect personal data from children under the age of 13. If we obtain actual knowledge (including via email support@hypnopixels.com) that we have collected personal data from a child, we will comply with industry guidelines and applicable laws and will promptly delete it, unless we are legally obligated to retain such data.

9. DATA RETENTION

The criteria used to determine the period of storage of personal data is the respective statutory retention period. After expiration of that period and when we no longer need personal data, we routinely and securely delete or destroy it, as long as it is no longer necessary to achieve the Purpose. As the business we shall process and store the personal data of the user (data subject) only for the period necessary to achieve the purpose of HypnoPixels provision, or as far as this is granted by the laws or regulations to which the Company is subject to.

10. MISCELLANEOUS

We may modify this Privacy Policy at any time and post any changes to the Privacy Policy on the Website, so please review it frequently. We indicate the date of the current version of this Privacy Policy above, so you know when it was last updated.

Changes to this Privacy Policy may not affect your personal data we have previously collected from you or after such changes.

If you object to the changes, please contact us as provided below.

This Privacy Policy is governed by and construed with the laws of Estonia.

Any claim or dispute which might arise out of or in connection with this Privacy Policy shall be settled in accordance with provisions of Terms of Use.

If you have any questions or propositions, please, get in touch with us by the e-mail: support@hypnopixels.com.