Privacy Policy

Welcome to Enjoy!

We're thrilled to have you with us. At Enjoy ("Enjoy", "we", "us", "our"), your privacy is not just a priority, it's a commitment. Whether you're browsing our websites at https://enjoy.ai, https://thecapchat.com, using our mobile apps (Enjoy or CapChat), or utilizing any of our services (collectively, the "Services"), your trust in us is something we deeply value. That's why we're dedicated to protecting your personal information with the utmost care and transparency.

In this privacy notice, we'll walk you through the specifics of how we handle your data – what we collect, how we use it, and the rights you have regarding it. We encourage you to read this notice carefully to fully understand our practices. And remember, if there's anything in here that doesn't sit right with you, please feel free to stop using our Services immediately. Your comfort and confidence in our services are what matter most to us.

By using our Services, you consent to our Privacy Policy and agree to the collection, use, and sharing of your Personal Information as described herein. You can withdraw your consent at any time by contacting us at support@enjoy.ai.

1. Collection of Personal Information

We gather personal data essential for setting up and enabling your use of the Enjoy Service. The type of information collected depends on your chosen Service Option, account creation method, geographical location, and your preferred method of signing in. We do not collect sensitive Personal Information outside of what is necessary to provide and enhance our services, unless you explicitly provide it for specific purposes outlined in this Privacy Policy.

Types of Data Collected:

• Username and Login Details: Including Apple, Google, or Facebook login information.
• Conversational Data: All messages and conversation-related information, deletable at your request.
• Software Updates and Log Information: Acknowledging that the Enjoy application may automatically download updates, enhancements, and send log information to our servers. Your continued use of our Services implies consent for these updates, which can be stopped at any time by ceasing to use our Services.
• Photo Data: Information embedded in photos (EXIF data) such as location, device information, etc.
• AI Processing Data: Data generated during the transformation process, including metadata about the transformations applied.

How We Acquire Data:

• Directly From You: Name, contact details, and message content ("Communication Information").
• Via Social Media: Information from interactions on Social Media Pages (e.g., Instagram, Facebook, TikTok), including contact details and aggregate usage analytics ("Social Information").
• Automatic Collection: Technical details like visit frequency, browser types, geographical data, and usage patterns.

Use of Cookies and Online Tracking:

• Cookies: Employed for site management, data collection, and enhancing user experience.
• Online Tracking: In conjunction with third-party providers, we track browsing activities over time. Our site does not currently respond to "Do Not Track" signals.

User Choices and Content Monitoring:

• Cookie Settings: Manageable via your web browser, affecting certain Service functionalities.
• Content Review: Ensuring compliance with guidelines and safeguarding against inappropriate content or Personal Information.

Additional Provisions for App Users:

• Mobile Device Access: May include requests for access to features like social media accounts.
• Mobile Device Data: Collection of device-specific information for security and analytics purposes.
• Push Notifications: Optional notifications related to account or App features, manageable in device settings.

2. How We Use Your Personal Information

At Enjoy, we value your trust and are committed to using your personal information responsibly. Our use of personal information collected via our Services serves a variety of business purposes, as described below. We process your information based on our legitimate business interests, to fulfill our contract with you, with your consent, and/or for compliance with legal obligations. Below, we've outlined how and why we use your information:

1. Account Management and Service Facilitation:

• To facilitate account creation and logon, especially if you link your account with third-party services (like Google, Apple or Facebook).
• To manage user accounts, ensuring they are operational and up-to-date.
• To send you administrative information about our services, including updates about new features, terms, conditions, and policies.

2. Communication and User Interaction:

• To enable user-to-user communications, fostering a connected community, with each user's consent.
• To respond to your inquiries, offer support, and address any issues you might encounter with our Services.

3. Service Delivery and Improvement:

• To deliver and facilitate the services you request.
• To continually improve, maintain, or repair our services, which may involve internal reviews or sharing information with necessary third parties.
• To analyze your interaction with our service, helping us develop new offerings and enhance user experience.

4. Security and Legal Compliance:

• For security purposes, like fraud monitoring and prevention, ensuring the safety of our services.
• To enforce our terms, conditions, and policies, comply with legal and regulatory requirements, or in connection with our contract.
• To respond to legal requests and prevent harm, such as subpoenas, by reviewing the data we hold.

5. Order Management and Promotional Activities:

• To fulfill and manage your orders, payments, returns, and exchanges made through the Services.
• To administer prize draws and competitions when you choose to participate.

6. Research and Analytics:

• To aggregate personal information for analyzing the effectiveness of our services, improving features, conducting research, and sharing insights with third parties as necessary.
• To share general user statistics and behavioral insights with third parties, enhancing our understanding of user needs and preferences.

7. Providing the core functionality of the App:

We understand that your conversations with your AI companion can be personal and might include sensitive topics. During these interactions, you might choose to share information about various aspects, such as your religious views, sexual orientation, political opinions, health, racial or ethnic origin, philosophical beliefs, or trade union membership.

We utilize your uploaded photos to generate AI-driven transformations. This process may involve analyzing image patterns to improve our AI algorithms. Your original photos are not sold or shared with third parties beyond what is outlined in this Privacy Policy.

To provide and improve the Services, users grant Enjoy a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display their content.

We want to assure you that by choosing to share this sensitive information, you are consenting to our use of it strictly as outlined in this Privacy Policy to provide you the core functionality of Enjoy. However, it's important for you to know that we are committed to respecting your privacy. Therefore, we will not use your sensitive information – or any content from your Enjoy conversations – for marketing or advertising purposes.

Automated Decision-Making and Profiling: Our Services use automated processing, including AI algorithms, to analyze your data and provide personalized experiences. This may include: customizing AI-generated content based on your uploads and interactions, and suggesting features or content based on your usage patterns. You have the right to: request human intervention in any automated decision-making process, express your point of view and contest any decision resulting from automated processing, and opt out of certain automated processing by adjusting your account settings or contacting us.

Analytics: We use analytics services to understand how users interact with our Services. These tools collect data such as your IP address, browser type, and usage patterns to help us improve our app.

Data Retention

We retain your Personal Information for as long as necessary to fulfill the purposes outlined in this Privacy Policy. Specifically:

• Uploaded Photos: Stored for as long as you use the Services or as needed to provide the AI transformations (180 days for reference images for quality assurance).
• The license you grant to Enjoy for your user content survives the termination of your account, solely for the purpose of maintaining the integrity of the Services. However, you may request the deletion of your content at any time, and we will comply within 30 days, unless retention is required by law or for our legitimate business purposes.
• Active user accounts: We retain your personal information for as long as your account is active.
• Deleted accounts: Upon account deletion, we will delete or anonymize your personal information within 90 days, except where retention is required by law or for our legitimate business purposes.

Your Role and Choices: We respect your role in how your personal information is used. You have control over certain settings, like opting out of push notifications or managing cookie preferences in your browser, which can impact how we collect and use your data.

Commitment to Privacy: Your privacy, safety, and trust are paramount to us. We are dedicated to protecting your rights and the information you share, ensuring it's used in alignment with your expectations and our high standards of security and responsibility.

Delete Your Account: You may delete your account through your account profile page. You may also verify, correct, update, or delete certain of your information through your account profile page.

3. Sharing and Disclosure of Personal Information

3.1 Third-Party AI Service Providers

To provide you with AI-powered features, we may share the content you upload (such as photos and text prompts) with third-party AI service providers (e.g., OpenAI, Anthropic, AWS or similar industry-standard providers). These providers process your data solely for the purpose of generating AI results. We do not share any other personal identification information with these AI providers.

3.2 General Sharing and Disclosure Information

At Enjoy, we understand the importance of your Personal Information and are committed to transparently sharing how it may be disclosed. Under specific circumstances, and in compliance with legal requirements, we may share your information with third parties:

• Vendors and Service Providers: To support our business operations and provide necessary services, we may share your Personal Information with third parties such as hosting, cloud services (such as Microsoft Azure and Amazon Web Services), IT service providers, email communication and newsletter services, advertising and marketing services, and web analytics services. These parties, under our direction, will handle your Personal Information for the sole purpose of performing their duties.
• AI Service Providers: Third-party AI providers that assist in processing and transforming photos.
• Analytics Partners: Services that help analyze user interaction to improve the app.
• Advertising Partners.
• Business Transfers: In the event of a business change such as a merger, acquisition, reorganization, bankruptcy, or a transition of service to another provider, your Personal Information may be transferred as part of the transaction, subject to standard due diligence processes.
• Legal Requirements: We may disclose your Personal Information if legally required or in good faith belief that such action is necessary to comply with legal obligations, protect our rights or property, prevent fraud, ensure personal safety in urgent situations, or to defend against legal liabilities.
• Affiliates: Your Personal Information may be shared with our affiliates, entities that are under common control with Enjoy, and used in a manner consistent with this Privacy Policy.
• Other Users: Please be aware that certain actions you take on our Services might be visible to other users or result in content being shared with them.

Rest assured, any sharing of your Personal Information is governed by our strict privacy standards and is in line with this Privacy Policy.

4. Age Requirement and Voluntary Parental Consent

• Primary Users: Enjoy's services are primarily intended for users who are 18 years of age or older.
• Users Under 18: Users who are under 18 years of age ("Minors") may use the Services with limited functionality. To access full features, voluntary parental or legal guardian consent is required.
• Limited Functionality: Minors will have access to basic features of the app. However, certain advanced features may be restricted.

Voluntary Consent Process: To gain full access to all features, Minors must obtain parental or legal guardian consent through the following process:

1. The Minor or their parent/guardian must send an email to support@enjoy.ai with the subject line "Parental Consent for Minor User".
2. The email must include: the Minor's account ID or account email; a statement of consent from the parent or legal guardian; and confirmation that the parent/guardian has reviewed and agrees to the Terms of Service and Privacy Policy.
3. Our team will review the consent email and, if approved, will upgrade the account to full functionality within 30 days.

Right to Request Verification: Enjoy reserves the right to request additional verification of age or parental consent at any time. This may include requesting a copy of a government-issued ID or other forms of verification.

Parental Responsibilities: Parents or guardians who consent to a Minor's use of the Services are responsible for: supervising the Minor's use of the Services; ensuring the Minor's compliance with these Terms; and any consequences of the Minor's failure to adhere to these Terms.

Right to Refuse Service: Enjoy reserves the right to refuse service, terminate accounts, or remove or edit content if we believe a user is misrepresenting their age or using the service inappropriately.

Withdrawal of Consent: Parents or guardians may withdraw their consent at any time by contacting support@enjoy.ai. This will result in the account reverting to limited functionality or being terminated, at Enjoy's discretion.

By using the Services, you confirm that you are either 18 years or older, or are using the service with limited functionality until parental consent is provided and verified as outlined above.

We prioritize safety and compliance, particularly regarding age requirements. If you believe a child under 18 has provided inappropriate data or gained full access to our Services without the approval of their parent or guardian, please reach out to us immediately at support@enjoy.ai. We take such matters seriously and will promptly investigate and address any concerns in accordance with our privacy practices. Once verified, we will delete relevant data and/or place a limit on the account within 30 days.

5. Third-Party Social Media Logins

Our Services offer the convenience of registering and logging in using third-party social media account details, such as your Facebook, Google or Apple credentials. When you choose this option, we receive selected profile information from your social media provider. The type of information we receive may include your name, email address, friends list, profile picture, and other details you have chosen to make public on these platforms.

We utilize this information exclusively for the purposes outlined in this privacy notice or as otherwise specified on the Services at the point of collection. It's important to remember that we do not have control over the additional uses of your personal information by your third-party social media provider. Therefore, we recommend that you review their privacy policy to understand how they collect, use, and share your personal information, and how you can manage your privacy preferences on their sites and apps.

6. Security

We prioritize the security of your personal information and strive to protect it with commercially reasonable technical, administrative, and organizational measures. Our commitment extends to safeguarding Personal Information both online and offline from loss, misuse, and unauthorized access, disclosure, alteration, or destruction.

However, we also want to remind you that no method of transmission over the Internet or electronic storage is 100% secure. Email communications, in particular, are not always secure, so please be mindful of the information you send to us via email and through our Services.

While we do our best to protect your Personal Information, we cannot guarantee its absolute security. As such, we encourage you to use caution and prioritize your privacy when using our Services or communicating with us. Please also be aware that despite our efforts, there may be instances where privacy settings or security measures are bypassed, including on third-party sites linked to our Services.

Rest assured, your security is a top concern at Enjoy, and we continually work to enhance our protective measures. Should you have any questions or concerns about your Personal Information, please feel free to contact us via email support@enjoy.ai

7. International Transfer of Personal Information

We want to ensure you're fully informed about how your data is handled. By using our Service, it's important for you to understand and acknowledge that your Personal Information may be transferred to and processed in countries outside of your residence, including to the United States. When we do so, we implement appropriate safeguards such as ensuring recipient countries have been granted adequacy decisions by relevant authorities. You have the right to request information about these safeguards by contacting us at support@enjoy.ai.

We ensure that such transfers comply with applicable data protection laws by implementing appropriate safeguards, such as Standard Contractual Clauses approved by the relevant authorities. This transfer is a fundamental part of providing our services effectively, ensuring that your experience with us is smooth and efficient. We take significant steps to protect your information and maintain its security, regardless of where it's processed.

If you have any concerns or questions about the international transfer of your Personal Information, please feel free to reach out to us. We're here to provide clarity and peace of mind regarding the safety and confidentiality of your data.

8. California and EEA Privacy Rights

To our valued California residents, this section aims to provide you with a clearer understanding of your privacy rights under California law. It outlines (1) the categories of Personal Information we collect, (2) the sources of this information, (3) how we use each category of Personal Information, and (4) how we disclose Personal Information. These disclosures are additional to the information provided in Sections 2 and 3 and do not restrict our use or disclosure of information as described therein.

Your Privacy Rights. As per California law, subject to certain exceptions, you have the following rights regarding the Personal Information we collect:

• The Right to Know: You can request information about the Personal Information we have collected, along with how we have used and disclosed that information.
• The Right to Request Deletion: You have the right to request the deletion of your Personal Information.
• The Right to Non-Discrimination: We assure you of freedom from discrimination when you exercise any of your privacy rights.

We firmly commit to not selling your Personal Information.

GDPR Rights (for users in the European Economic Area):

• Right to Access
• Right to Rectification
• Right to Erasure (Right to be Forgotten)
• Right to Restrict Processing
• Right to Data Portability
• Right to Object
• Rights related to Automated Decision-Making and Profiling

How to Exercise Your Rights: If you wish to exercise the above privacy rights, please contact us at support@enjoy.ai

Verification Process: To safeguard your Personal Information from unauthorized access or deletion, we may need you to verify your credentials before processing requests to access or delete your Personal Information. If you do not have an account with us, or if we suspect fraudulent or malicious activity, additional information and proof of California or EU residency may be required for verification. Without verified identity, we are unable to fulfill requests to provide or delete Personal Information.

Using an Authorized Agent: You have the option to submit requests through an authorized agent. In such cases, the agent must provide signed written authorization to act on your behalf. You may also need to verify your identity and residency independently.

9. Information Provided by Choice

In certain situations, providing your Personal Information to us is entirely optional. We respect your decision to choose what information to share. However, it's important to note that not providing Personal Information might limit your ability to use certain features of our Services. Some aspects of our Services require specific information to function properly.

AI-Generated Content. When you use our services to transform your photos, our AI algorithms process your images to create enhanced versions.

Ownership of AI-Generated Content: While you retain ownership of your original uploaded content, the AI-generated transformations created through our Services are jointly owned by you and Enjoy. You have the right to use, reproduce, and distribute these transformations for personal and non-commercial purposes. Enjoy retains the right to use these transformations to improve our Services and AI algorithms, including sharing with third parties as outlined in the Terms of Use and this Privacy Policy, and, with your consent, usage by other users.

If you ever wish to update or correct your Personal Information, or if you have any questions about how we use your data, feel free to reach out to us at support@enjoy.ai. We're here to help ensure that your experience with our Services is smooth, enjoyable, and tailored to your preferences.

10. Changes to Our Privacy Policy

As our Services and business continue to evolve, there will be times when changes to our Privacy Policy are necessary. We want to assure you that we reserve the right to update or modify this Privacy Policy at any time, without prior notice, to reflect these changes.

We understand the importance of keeping you informed about how we handle your Personal Information. That's why we encourage you to review this Privacy Policy periodically. By doing so, you'll always be up-to-date with our latest privacy practices.

Please note that the latest update to this Privacy Policy is indicated by the date mentioned above. Your continued use of our Services after any changes signifies your acceptance of the revised policy.

We're committed to maintaining transparency and trust in how we manage your Personal Information, and we appreciate your ongoing engagement with our Services.

11. Questions

If you have any questions or concerns regarding our Privacy Policy or our information practices, please don't hesitate to get in touch with us. You can reach us at support@enjoy.ai