Privacy Policy

1. Interpretation and Definitions

1.1 Interpretation

The words of which the initial letter is capitalised have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural form throughout this Privacy Policy.

1.2 Definitions

For the purposes of this Privacy Policy:

• Account means a unique account created for You to access our Service or parts of our Service, including any profile information, preferences, and settings associated with that account.
• Affiliate means an entity that controls, is controlled by, or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for election of directors or other managing authority.
• Application refers to ClearPastAI: Photo Enhancer, the software program and all associated services provided by the Company, available for download on the Apple App Store.
• Company (referred to as either "the Company", "We", "Us", or "Our" in this Privacy Policy) refers to BaruzoTech Private Limited, 626, Laxmi Enclave 2, OP. Gajera School, Katargam, Surat - 395004, Gujarat, India.
• Country refers to Gujarat, India.
• Device means any device that can access the Service, such as a smartphone (including but not limited to iPhone), tablet (including but not limited to iPad), computer, or any other digital electronic device.
• Personal Data means any information that relates to an identified or identifiable individual, including but not limited to names, email addresses, photographs, device identifiers, IP addresses, usage patterns, and any other data that can be used directly or indirectly to identify a natural person.
• Processed Photos refers to any photographs, images, or visual media that You upload, submit, or otherwise provide to the Application for the purpose of enhancement, restoration, upscaling, colorization, scratch removal, background removal, or any other processing feature offered by the Application.
• Service refers to the Application and all features, functionalities, and services provided through the Application.
• Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service, or to assist the Company in analysing how the Service is used. This includes, but is not limited to, artificial intelligence and machine learning service providers.
• Third-Party AI Service refers to external artificial intelligence and machine learning platforms and application programming interfaces (APIs) that the Company utilises to provide the core photo enhancement, restoration, upscaling, colorization, and related image processing functionalities of the Application. This specifically includes, but is not limited to, Replicate, Inc. and its associated AI model hosting and inference platform.
• Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself, including but not limited to session duration, feature usage frequency, interaction patterns, error logs, performance metrics, and other diagnostic data.
• You (also referred to as "Your" or "User") means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

2. Information We Collect

2.1 Personal Data

While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:

• Email address
• First name and last name
• Device identifiers (including but not limited to IDFV, device model, and operating system version)
• IP address
• Usage Data
• Photographs and images You provide for processing
• In-app preferences and settings
• App interaction data and feature usage history
• Crash reports and diagnostic information

2.2 Usage Data

Usage Data is collected automatically when using the Service. Usage Data may include information such as:

• Your Device's Internet Protocol address (IP address)
• Device type, model, and manufacturer
• Operating system type and version
• The features and sections of our Service that You access and use
• The time and date of Your usage sessions
• The time spent using various features of the Application
• The frequency with which You use specific features
• Unique device identifiers
• App performance data and crash analytics
• Network connection type and quality
• Language and locale settings
• Other diagnostic and technical data

When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system and its version, unique device identifiers, app installation and update information, and other diagnostic data necessary for the proper operation and improvement of the Service.

2.3 Photographs and Images

The core functionality of the Application requires access to Your photographs and images. When You use the Application, We collect and process the following image-related data:

• Photographs and images from Your Device's camera and photo library: With Your prior permission, the Application accesses photographs and images stored on Your Device for the purpose of providing photo enhancement, restoration, upscaling, colorization, scratch removal, background removal, and other image processing features.
• Processed and enhanced images: The results of the AI-powered processing performed on Your photographs, including any intermediate processing states.
• Image metadata: Technical metadata associated with Your photographs, which may include but is not limited to file format, file size, image dimensions, resolution, colour profile information, and creation date.

In order to provide the core photo enhancement and processing features of the Application, Your photographs and images are transmitted to and processed by third-party artificial intelligence services. Specifically, the Application uses Replicate, Inc. ("Replicate") as its primary third-party AI service provider for image processing. When You submit a photograph or image for processing through the Application, the following occurs:

1. Data Transmitted: Your photograph or image file is transmitted from Your Device to Replicate's servers via secure, encrypted connections for AI-powered processing, including but not limited to photo enhancement, restoration, upscaling, colorization, scratch removal, and background removal.
2. Processing by Replicate: Replicate processes Your photograph using artificial intelligence and machine learning models hosted on its platform. This processing occurs on Replicate's cloud infrastructure and servers, which may be located in the United States of America or other jurisdictions.
3. Data Handling by Replicate: Replicate processes the images submitted through the Application in accordance with its own privacy policy and terms of service. We have ensured that Replicate provides protections for user data that are consistent with and not less protective than the standards described in this Privacy Policy. For more information about Replicate's data handling practices, You may review Replicate's privacy policy at replicate.com/privacy.
4. Data Retention by Third Party: We have taken reasonable measures to ensure that Replicate does not retain Your photographs or images beyond the time necessary to complete the processing request. However, We recommend reviewing Replicate's privacy policy for the most up-to-date information regarding their data retention practices.
5. User Consent: By using the photo processing features of the Application, You expressly consent to the transmission of Your photographs and images to Replicate for AI-powered processing as described in this section. The Application will request Your explicit consent before transmitting any photographs or images to third-party AI services for the first time.

You can enable or disable access to Your Device's camera and photo library at any time through Your Device's operating system settings. Please note that disabling access to Your photos will prevent the Application from providing its core photo processing functionalities.

2.4 Information Collected Automatically

The Application may automatically collect certain information when You download, install, access, or use the Service, including but not limited to:

• Application version number
• Time zone setting
• Device storage capacity and available space
• Screen resolution and display characteristics
• Battery level and charging state
• Network connection type (Wi-Fi, cellular, etc.)
• Cellular network provider information
• App Store region and country

3. How We Use Your Information

3.1 Purposes of Data Usage

The Company may use the Personal Data and other information collected for the following purposes:

• To provide and maintain our Service: Including to monitor the usage, performance, stability, and reliability of our Service, and to ensure the proper functioning of all Application features and functionalities.
• To provide AI-powered photo processing: To transmit Your photographs and images to our third-party AI service providers, including Replicate, for the purpose of performing photo enhancement, restoration, upscaling, colorization, scratch removal, background removal, and other image processing features offered by the Application.
• To manage Your Account: To manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
• For the performance of a contract: The development, compliance, and undertaking of the purchase contract for the products, items, or services You have purchased or of any other contract with Us through the Service, including any subscription or in-app purchase agreements.
• To contact You: To contact You by email, telephone calls, SMS, push notifications, or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates, informative communications related to the functionalities, products, or contracted services, including security updates, when necessary or reasonable for their implementation.
• To provide You with news and updates: To provide You with news, special offers, and general information about other goods, services, and events which We offer that are similar to those that You have already purchased or enquired about, unless You have opted not to receive such information.
• To manage Your requests: To attend to and manage Your requests, inquiries, feedback, complaints, and support tickets submitted to Us.
• To improve our Service: To analyse usage patterns, identify trends, evaluate the effectiveness of our features, diagnose technical issues, and to evaluate and improve our Service, products, services, marketing strategies, and Your overall experience with the Application.
• For analytics and research: To conduct internal analytics and research to understand how users interact with the Application, which features are most popular, and how We can improve the user experience.
• For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganisation, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred.
• For legal compliance and protection: To comply with applicable laws, regulations, legal processes, or governmental requests; to enforce our Terms of Service and other agreements; to protect the rights, property, or safety of the Company, our users, or others; and to detect, prevent, or otherwise address fraud, security, or technical issues.
• For other purposes: We may use Your information for other purposes that are compatible with the purposes described above, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns, and to evaluate and improve our Service, products, services, marketing, and Your experience.

4. Sharing and Disclosure of Your Information

4.1 Third-Party AI Service Providers

As described in detail in Section 2.3 above, Your photographs and images are shared with Replicate, Inc. for the purpose of AI-powered photo processing. This sharing is essential to the core functionality of the Application and occurs each time You submit a photograph or image for enhancement, restoration, upscaling, colorization, scratch removal, background removal, or any other AI-powered processing feature.

Replicate acts as a data processor on Our behalf and is contractually obligated to:

• Process Your data only for the purposes specified by Us
• Implement appropriate technical and organisational measures to protect Your data
• Not retain Your photographs or images beyond the time necessary to complete the processing
• Not use Your photographs or images for any purpose other than performing the requested processing
• Provide a level of data protection that is consistent with this Privacy Policy

4.2 Other Sharing Situations

We may also share Your personal information in the following situations:

• With Service Providers: We may share Your personal information with Service Providers to monitor and analyse the use of our Service, to provide customer support, to facilitate payment processing, and to contact You. All Service Providers are contractually obligated to protect Your data and use it only for the purposes for which it was shared.
• For business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company. In such event, We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.
• With Affiliates: We may share Your information with Our affiliates, in which case We will require those affiliates to honour this Privacy Policy. Affiliates include Our parent company and any other subsidiaries, joint venture partners, or other companies that We control or that are under common control with Us.
• With business partners: We may share Your information with Our business partners to offer You certain products, services, or promotions that may be of interest to You.
• With other users: When You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside the Application.
• With Your consent: We may disclose Your personal information for any other purpose with Your explicit consent.
• For legal purposes: We may disclose Your information if required to do so by law, in response to valid requests by public authorities (such as a court or a government agency), to protect and defend the rights or property of the Company, to prevent or investigate possible wrongdoing in connection with the Service, to protect the personal safety of Users of the Service or the public, and to protect against legal liability.

5. Data Storage, Retention, and Security

5.1 Data Storage

Your information, including Personal Data and Processed Photos, is processed and stored at the Company's operating offices, on Our servers, and on the servers of Our third-party service providers, including but not limited to Replicate. This means that Your information may be transferred to, stored on, and processed by computers and servers located outside of Your state, province, country, or other governmental jurisdiction where the data protection laws may differ from those in Your jurisdiction.

5.2 Data Retention

The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. Specifically:

• Account information: Retained for as long as Your account is active or as needed to provide You with the Service, and for a reasonable period thereafter as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
• Usage Data: Generally retained for internal analysis purposes for a period of up to twenty-four (24) months, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.
• Photographs and images: Your original photographs and processed images are retained on Our servers only for the time necessary to complete the processing and deliver the results to Your Device. We do not permanently store Your photographs on Our servers after the processing is complete and the results have been delivered to You.
• Third-party retention (Replicate): Replicate processes Your photographs in accordance with their own data retention policies. We have taken reasonable measures to ensure that Replicate does not retain Your photographs beyond the time necessary to complete the processing request.
• Legal obligations: We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if We are required to retain Your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

5.3 Data Security

The security of Your Personal Data is of paramount importance to Us. We implement and maintain appropriate technical, administrative, and physical security measures designed to protect Your Personal Data against unauthorised access, alteration, disclosure, destruction, or loss. These measures include, but are not limited to:

• Encryption of data in transit using Transport Layer Security (TLS/SSL) protocols
• Encryption of data at rest where technically feasible
• Access controls and authentication mechanisms to restrict access to Personal Data
• Regular security assessments and vulnerability testing
• Employee training on data protection and security best practices
• Incident response procedures for handling data breaches

However, please remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While We strive to use commercially acceptable and industry-standard means to protect Your Personal Data, We cannot guarantee its absolute security. You acknowledge and accept that there is always some risk associated with the transmission and storage of data electronically.

6. International Data Transfers

Your information, including Personal Data and Processed Photos, may be transferred to and maintained on computers and servers located outside of Your state, province, country, or other governmental jurisdiction where the data protection laws may differ from those in Your jurisdiction. Specifically:

• Our Company is located in India
• Our third-party AI service provider, Replicate, operates servers primarily in the United States of America
• Other Service Providers may operate in various jurisdictions worldwide

Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to such transfers. The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy, and no transfer of Your Personal Data will take place to an organisation or a country unless there are adequate controls in place, including the security of Your data and other personal information.

7. Your Data Protection Rights

Depending on Your location and applicable data protection laws, You may have certain rights regarding Your Personal Data, including but not limited to:

7.1 Right to Access

You have the right to request copies of Your Personal Data that We hold. We may charge a small fee for this service in certain circumstances as permitted by applicable law.

7.2 Right to Rectification

You have the right to request that We correct any information You believe is inaccurate or incomplete.

7.3 Right to Erasure (Right to be Forgotten)

You have the right to request that We erase Your Personal Data, under certain conditions as provided by applicable law.

7.4 Right to Restrict Processing

You have the right to request that We restrict the processing of Your Personal Data, under certain conditions as provided by applicable law.

7.5 Right to Object to Processing

You have the right to object to Our processing of Your Personal Data, under certain conditions as provided by applicable law.

7.6 Right to Data Portability

You have the right to request that We transfer the data that We have collected to another organisation, or directly to You, under certain conditions as provided by applicable law.

7.7 Right to Withdraw Consent

Where We rely on Your consent as the legal basis for processing Your Personal Data, You have the right to withdraw Your consent at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.

7.8 Exercising Your Rights

To exercise any of these rights, please contact Us using the contact information provided in Section 14 of this Privacy Policy. We will respond to Your request within the timeframe required by applicable law, and in any event within thirty (30) days of receiving Your request.

7.9 Deleting Your Personal Data

You have the right to delete or request that We assist in deleting the Personal Data that We have collected about You. Our Service may give You the ability to delete certain information about You from within the Service. You may update, amend, or delete Your information at any time by signing in to Your Account, if You have one, and visiting the account settings section that allows You to manage Your personal information. You may also contact Us to request access to, correct, or delete any personal information that You have provided to Us.

Please note, however, that We may need to retain certain information when We have a legal obligation or lawful basis to do so, or when the retention is necessary for the establishment, exercise, or defence of legal claims.

8. Children's Privacy

Our Service is not directed to anyone under the age of thirteen (13) years ("Children"). We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, including photographs or images, please contact Us immediately.

If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take immediate steps to remove that information from Our servers and cease any processing of such data.

If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent's consent before We collect and use that information.

We encourage parents and guardians to observe, participate in, and/or monitor and guide their children's online activity and use of mobile applications.

9. Third-Party Services and Links

9.1 Third-Party AI Services

As described in this Privacy Policy, the Application relies on third-party artificial intelligence services, specifically Replicate, Inc., to provide its core photo processing functionalities. By using the photo processing features of the Application, You acknowledge and consent to Your photographs and images being transmitted to and processed by Replicate in accordance with the terms described in this Privacy Policy.

We encourage You to review Replicate's privacy policy to understand how they collect, use, and protect data:

• Replicate Privacy Policy: replicate.com/privacy
• Replicate Terms of Service: replicate.com/terms

9.2 Third-Party Links

Our Service may contain links to other websites, applications, or services that are not operated by Us. If You click on a third-party link, You will be directed to that third party's site or service. We strongly advise You to review the Privacy Policy and Terms of Service of every site, application, and service You visit or use.

We have no control over and assume no responsibility for the content, privacy policies, practices, or security measures of any third-party sites, applications, or services. Your interactions with any third-party site, application, or service are governed by that third party's own terms and policies.

10. Cookies and Tracking Technologies

The Application may use certain tracking technologies to collect and store information about Your usage patterns and preferences. These may include:

• Device identifiers: Unique identifiers assigned to Your Device that help Us recognise Your Device across sessions
• Analytics tools: Tools that help Us understand how You interact with the Application
• Crash reporting tools: Tools that help Us identify and fix technical issues

We do not use cookies in the traditional web browser sense within the Application. However, the Application and its associated services may use similar technologies to provide, improve, and personalise the Service.

11. California Privacy Rights (CCPA/CPRA)

If You are a California resident, You have additional rights under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), including:

• The right to know what Personal Data We collect, use, disclose, and sell
• The right to request deletion of Your Personal Data
• The right to opt-out of the sale or sharing of Your Personal Data
• The right to non-discrimination for exercising Your privacy rights
• The right to correct inaccurate Personal Data
• The right to limit the use and disclosure of sensitive Personal Data

We do not sell Your Personal Data. We do not use or disclose sensitive Personal Data for purposes other than those specified in the CCPA/CPRA.

To exercise Your California privacy rights, please contact Us using the contact information provided in Section 14 of this Privacy Policy.

12. European Economic Area (EEA) and United Kingdom (UK) Users

If You are located in the EEA or the UK, Our processing of Your Personal Data is governed by the General Data Protection Regulation (GDPR) and/or the UK GDPR, as applicable. Our legal bases for processing Your Personal Data include:

• Consent: Where You have given Us explicit consent to process Your Personal Data for specific purposes, including the transmission of Your photographs to third-party AI services
• Contractual necessity: Where processing is necessary for the performance of a contract with You
• Legitimate interests: Where processing is necessary for Our legitimate interests, provided that such interests are not overridden by Your fundamental rights and freedoms
• Legal obligation: Where processing is necessary for compliance with a legal obligation to which We are subject

You have the right to lodge a complaint with a supervisory authority if You believe that Our processing of Your Personal Data violates applicable data protection laws.

13. Changes to this Privacy Policy

We may update Our Privacy Policy from time to time to reflect changes in Our practices, technologies, legal requirements, and other factors. We will notify You of any material changes by posting the new Privacy Policy on this page and updating the "Last updated" date at the top of this Privacy Policy.

We will let You know of material changes via email (if You have provided Us with Your email address) and/or a prominent notice within the Application, prior to the change becoming effective.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page. Your continued use of the Service after any changes to this Privacy Policy constitutes Your acceptance of those changes.

14. Contact Us

If You have any questions, concerns, complaints, or requests regarding this Privacy Policy, Our data practices, or Your Personal Data, You can contact Us:

• By email: info@baruzotech.com
• By visiting our website: www.baruzotech.com

We will endeavour to respond to all inquiries and requests within a reasonable timeframe, and in any event within thirty (30) days of receipt.

15. Consent to Third-Party AI Processing

By using the photo processing features of ClearPastAI: Photo Enhancer, You hereby acknowledge and expressly consent to the following:

1. Your photographs and images will be transmitted from Your Device to Replicate, Inc. ("Replicate"), a third-party artificial intelligence service provider, for the purpose of AI-powered image processing, including but not limited to photo enhancement, restoration, upscaling, colorization, scratch removal, and background removal.
2. The transmission of Your photographs and images to Replicate occurs over encrypted connections, and We have taken reasonable measures to ensure the security of Your data during transmission and processing.
3. Replicate will process Your photographs and images on its cloud infrastructure, which may be located in the United States of America or other jurisdictions outside of Your home country.
4. Replicate is contractually obligated to process Your data in accordance with applicable data protection laws and to provide a level of data protection that is consistent with this Privacy Policy.
5. You may withdraw Your consent to the processing of Your photographs by Replicate at any time by ceasing to use the photo processing features of the Application. Please note that withdrawing Your consent will prevent You from using the core functionalities of the Application.
6. We do not sell, rent, lease, or otherwise commercially distribute Your photographs or images to any third party for purposes unrelated to the provision of the Application's services.