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 website at https://enjoy.ai, 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 using commercially reasonable safeguards and clear, transparent practices.

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.
• 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: Reviewing content to help promote compliance with guidelines and to guard 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, where we choose to send them, updates about new features or changes to our 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. To generate these results, we may share your photos with our third-party AI service providers (see Section 3.1). This process may also involve analyzing image patterns to improve our AI algorithms. Beyond the sharing described in this Privacy Policy (including Section 3.1), your original photos are not sold or shared with third parties.

To provide and improve the Services — and, for user-created characters and other non-personal content only, to create, promote, and distribute entertainment content — users grant Enjoy a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, distribute, publicly perform, and display their content, including the right to sublicense these rights to Enjoy's third-party partners for those purposes. Enjoy does not license your uploaded photographs or likeness to third parties for entertainment purposes.

By choosing to share this sensitive information, you give your explicit consent (including, for users in the EEA and UK, explicit consent within the meaning of Article 9 of the GDPR) to our use of it strictly as outlined in this Privacy Policy to provide, secure, maintain, and improve the core functionality of Enjoy. You may withdraw this consent at any time by contacting us at support@enjoy.ai. 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 our own and our third-party service providers' AI algorithms (see Section 3.1), 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. Where a decision producing legal or similarly significant effects concerning you is based solely on automated processing, and to the extent required by applicable law, you have the right to obtain human review, to express your point of view, and to contest the decision by contacting us at support@enjoy.ai. The generation of AI content and personalized suggestions by the Services does not produce legal or similarly significant effects concerning you.

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 and Text Content: Stored for as long as you use the Services or as needed to provide the AI transformations (reference images may be retained for quality assurance) and for maintaining the integrity of the Services.
• 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 a commercially reasonable period, 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 a commercially reasonable period, 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, and we strive to use it in alignment with your expectations and our 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). We direct these providers to process your data only for the purpose of generating AI results. Aside from the content you submit for processing (which may itself contain personal information, such as your likeness or embedded photo metadata), we do not share other identifiers — such as your name, email address, or account details — 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 are contractually directed to handle your Personal Information only for the purpose of performing their duties.
• AI Service Providers: Third-party AI providers and large language model (LLM) service providers that assist in processing and transforming photos and text and in generating AI responses.
• Analytics Partners: Services that help analyze user interaction to improve the app.
• Advertising Partners: Enjoy offers optional, opt-in rewarded ads that you can choose to watch to earn in-game currency; you are never required to view ads. When you choose to view an ad, our advertising providers may receive device identifiers and general device or usage information to serve and measure that ad, subject to your device's ad-tracking settings (such as Apple's App Tracking Transparency). We do not share the contents of your conversations or your sensitive Personal Information with 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.

Any sharing of your Personal Information is intended to be governed by our privacy standards and consistent with this Privacy Policy.

4. Age Requirement and Voluntary Parental Consent

• Primary Users: Enjoy is intended for adults, and full functionality is available only to users who are 18 years of age or older.
• Children Under 13: The Services are not directed to children under 13, and we do not knowingly collect personal information from children under 13. If we learn that we have collected personal information from a child under 13, we will delete it as described below.
• Users 13–17: Users who are at least 13 but under 18 ("Minors") may use the Services only with limited functionality. Some features may be unlocked only after a parent or legal guardian provides consent as described below.
• Mature Content and Age: The Services include mature and adult-oriented content intended only for users who are 18 or older. Age is self-reported, and we do not independently verify it. We make no representation or warranty that the Services filter, screen, or restrict content based on a user's age, or that the Services are free of mature or inappropriate content for any user. Parents and legal guardians are responsible for supervising a Minor's use of the Services and for any activity that occurs under their account.

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, aims to upgrade the account to full functionality, typically 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 review and seek to address concerns in accordance with our privacy practices. Once verified, we will seek to delete relevant data and/or place a limit on the account within a commercially reasonable period.

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 seek to implement appropriate safeguards such as the European Commission's Standard Contractual Clauses, or, where available, transfers to recipients in a country or framework recognized by the relevant authorities as providing an adequate level of protection. You have the right to request information about these safeguards by contacting us at support@enjoy.ai.

Where these transfers are subject to data protection laws that require it, we use appropriate safeguards, such as Standard Contractual Clauses approved by the relevant authorities, or another lawful transfer mechanism. This transfer is a fundamental part of providing our services effectively, ensuring that your experience with us is smooth and efficient. We take reasonable steps to help protect your information and 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. The categories of Personal Information we collect, the sources of that information, the business and commercial purposes for which we use it, and the categories of third parties to whom we disclose it are described in Sections 1, 2, and 3 above and are incorporated here by reference. These disclosures are additional to, and do not restrict, our use or disclosure of information as described in Sections 2 and 3.

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.
• The Right to Correct: You can request that we correct inaccurate Personal Information we maintain about you.
• The Right to Opt Out of Sale/Sharing: To the extent any sharing of device identifiers with our advertising providers constitutes a "sale" or "sharing" under applicable law, you have the right to opt out. You can exercise this right through your device's ad-tracking settings (such as Apple's App Tracking Transparency), by choosing not to view rewarded ads, or by contacting us at support@enjoy.ai.
• The Right to Limit Use of Sensitive Personal Information: We use sensitive Personal Information only to provide the Services and do not use or disclose it for advertising, marketing, or to infer characteristics about you; accordingly, no additional limitation is required, though you may contact us at support@enjoy.ai with any request.

We do not sell your Personal Information in exchange for money, and we never sell or share the contents of your conversations or your sensitive Personal Information. Our ads are optional and opt-in — you choose whether to watch a rewarded ad to earn in-game currency, and you are never required to view ads. When you choose to view an ad, the limited device identifiers shared with our advertising providers may qualify as a "sale" or "sharing" under California and other U.S. state privacy laws. You may exercise your right to opt out of that sale or sharing at any time by declining to view ads, by using your device's ad-tracking controls (such as Apple's App Tracking Transparency), or by contacting us at support@enjoy.ai; we honor these choices and will not discriminate against you for exercising them.

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 or to generate text, conversations, and other content, our AI algorithms — and those of the third-party AI service providers described in Section 3.1 — process your images and text to create enhanced versions and AI-generated responses.

Ownership of AI-Generated Content: You retain ownership of both your original uploaded content and the AI-generated content and transformations you create through our Services (including text, conversations, and images). By creating them, you grant Enjoy the non-exclusive, worldwide, royalty-free, sublicensable, and transferable license described in our Terms of Service to use, reproduce, modify, distribute, publicly perform, and display that content to operate and improve the Services, and — for user-created characters and other non-personal content only — to create, promote, and distribute entertainment content (including sublicensing to Enjoy's partners for those purposes). This also includes sharing content with the third-party AI providers described in Section 3.1 and, with your consent, use by other users. We do not license your uploaded photographs or likeness to third parties for entertainment purposes.

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 from time to time, and we will indicate any changes by updating the date at the top of this page.

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