Privacy Policy

Last updated: Jan 29, 2025

Owner and Data Controller

Fluorescent Labs - 2136 California St, Unit 17, San Francisco, CA, 94115

Owner contact email: [email protected]

Types of Data collected

Information You Provide to Us

Certain features of the Services may require you to submit particular details. You may opt not to share these details, but that choice may limit your ability to use or access those features. Examples of information you might share directly through the Service or in other ways include:

• Contact Data: Such as your first and last name, email address, billing and mailing addresses, and phone number.
• Demographic Data: Such as your city, state, country of residence, zip code, and age.
• Profile Data: For example, the username and password you create for your Service account, the date your account was registered, any redemption codes, personal biography information, photos or pictures, social media profile links, personal interests or preferences, details about contests or promotions you engage with, and any other information added to your profile.
• Communications Data: Details derived from the exchanges we have with you, which may include messages sent through the Service, or conversations via social media or other channels.
• Marketing Data: Such as your preferences for receiving marketing messages from us and data about how you engage with those messages.
• User-Generated Content (UGC): This may include photos and videos you upload, “likes” on other users’ content, comments, questions, and messages you share publicly or privately within the Service. We (or others) may store, display, reproduce, publish, or otherwise use UGC, potentially with or without attributing it to you. Other users or third parties may also have access to your UGC, and can further share it. Any UGC you post in a public area of the Service becomes public and accessible by anyone, including us.
• Biometric Data: For instance, voice data and facial scans you provide when using certain features to create videos or audio using your voice or face. Under certain laws, these may be considered biometric identifiers or biometric information. If you choose to use these features, we only use your biometric data to deliver the requested service.
• Networks and Connections: Information about the individuals and accounts you are linked to, as well as how you interact with them on the Service (for instance, the user accounts you follow).
• Your Inputs and Outputs: This includes text, images, video inputs, prompts you provide, and any generated videos or other outputs you create. We also collect metadata, such as keywords or location data, that might be associated with your content. Depending on the details and how it’s linked to your account, such content and metadata may be considered personal information.
• Payment and Subscription Data: Details required to complete transactions and manage your subscription, such as payment card or bank account information (collected by our payment processors on our behalf) and records of past transactions.
• Other Data: Any additional information you provide, which we will handle according to this Privacy Policy or as disclosed at the time of collection.

Third-Party Sources

We may also gather or receive personal information from other sources, which can include:

• Marketing and Event Partners: For instance, joint marketing partners or event co-sponsors.
• Login Integration Partners: If you choose to access the Services via your email or another third-party account, these partners may provide details like your name, username, email address, profile photo, and any other publicly accessible account information.
• Other Sources: Such as social media platforms, public records, service providers, and other publicly available databases.

Automatic Data Collection

We, along with our service providers and business partners, may automatically gather information about you, your computer or mobile device, and your ongoing interactions with the Service, our communications, and other online platforms. This may include:

• Device Data: For example, your operating system type and version, hardware manufacturer and model, browser type, screen resolution, RAM and disk size, CPU usage, device type (phone or tablet), IP address, unique identifiers, language settings, mobile carrier, radio/network details (e.g., Wi-Fi, LTE), and approximate location (city, state, or region).
• Online Activity Data: Such as which pages or screens you viewed, how long you spent on each page, the site you visited prior to accessing our Service, your navigation path between pages or screens, your activity on any given page or screen, and the times you accessed them. This also includes whether you opened our emails or clicked on any links within them.
• Communication Interaction Data: This might include the ways in which you interact with our email or text communications (for instance, whether you open or forward an email). We may track this through pixel tags (also known as clear GIFs), which may be embedded inconspicuously in our emails.

Cookies and Similar Technologies

Some of the automatic data collection noted above happens via:

• Cookies: Small text files stored on your device by websites, which let servers record browsing activities and remember preferences, submissions, and login status. We use both “session cookies,” which expire when you finish a browsing session, and “persistent cookies,” which remain longer. These can be “first party” (set by us) or “third party” (placed by our partners).
• Local Storage Technologies: Such as HTML5, which provide similar functionality to cookies but can store more data on your device, often outside the browser, for specific applications.
• Web Beacons: Sometimes called pixel tags or clear GIFs, these indicate when a webpage or email has been accessed or opened, or if certain content has been viewed or clicked.

Data About Others

We may offer features enabling you to invite others to join the Service, and therefore might collect contact details for those invitees so we can send invitations. Please only share someone’s contact information if you have their explicit permission.

Mode and place of processing the Data

Methods of processing

The Owner takes appropriate security measures to prevent unauthorized access, disclosure, modification, or unauthorized destruction of the Data. The Data processing is carried out using computers and/or IT enabled tools, following organizational procedures and modes strictly related to the purposes indicated. In addition to the Owner, in some cases, the Data may be accessible to certain types of persons in charge, involved with the operation of this Application (administration, sales, marketing, legal, system administration) or external parties (such as third-party technical service providers, mail carriers, hosting providers, IT companies, communications agencies) appointed, if necessary, as Data Processors by the Owner. The updated list of these parties may be requested from the Owner at any time.

Place

The Data is processed at the Owner's operating offices and in any other places where the parties involved in the processing are located.

Depending on the User's location, data transfers may involve transferring the User's Data to a country other than their own. To find out more about the place of processing of such transferred Data, Users can check the section containing details about the processing of Personal Data.

Purposes for Which We May Use Your Personal Information

We may use your personal information for the purposes set forth below or as otherwise disclosed at the time of collection:

1. Service Delivery and Operations. We may use your personal information to:

   • Provide, operate, and enhance the Service (including training our artificial intelligence models) and our business;
   • Personalize our products and the Service, for example by recalling the devices you have used previously and retaining your selections and preferences while navigating the Service;
   • Establish and maintain your user profile on the Service;
   • Facilitate your invitations to individuals you wish to invite to the Service, and enable you to connect with and interact with content posted by other users;
   • Enable security features, such as by sending security codes via email or SMS, and recognizing previously used devices;
   • Communicate with you regarding the Service, including sending updates, announcements, security alerts, and other administrative messages;
   • Communicate with you about events or contests in which you participate;
   • Understand your interests and preferences, and customize your experience accordingly; and
   • Provide support for the Service and respond to your requests, inquiries, and feedback.

2. Research and Development. We may use your personal information to conduct research and development activities, including analyzing and improving the Service and our business, as well as creating new products and services.

3. Marketing and Advertising. We, along with our service providers and third-party advertising partners, may collect, receive, and use your personal information for marketing and advertising purposes.

   • Direct Marketing. We may send direct marketing communications that are tailored to your interests. You may opt out of receiving such communications as explained in the “Opt-out of Marketing” section below.
   • Interest-Based Advertising. Our third-party advertising partners may use cookies and similar technologies to gather information regarding your interactions (including as described in the “Automatic Data Collection” section above) with the Service, our communications, and other online services over time, and then use that information to deliver online advertisements they believe will be relevant to you. This practice is referred to as “interest-based” or “targeted” advertising. We may also share user information with these partners to facilitate interest-based advertising for similar or prospective users on other online platforms.

4. Improvement and Analytics. We may rely on your personal information to analyze how you use the Service; improve the Service and other areas of our business; understand user behaviors (including which pages receive the most and least traffic, how users navigate the Service, and how they engage with our emails); and create new products and services.

5. Compliance and Protection. We may use your personal information to:

   • Comply with applicable laws, lawful requests, and legal processes, for instance, responding to subpoenas or governmental inquiries;
   • Safeguard our rights, your rights, or others’ rights, privacy, safety, or property (including by pursuing or defending against legal claims);
   • Audit our internal processes to ensure adherence to legal and contractual obligations or our internal policies;
   • Enforce the terms and conditions governing the Service; and
   • Detect, investigate, prevent, and deter fraudulent, harmful, unauthorized, unethical, or unlawful activity, including cyberattacks and identity theft.

6. With Your Consent. In certain circumstances, we may collect, use, or disclose your personal information when you have expressly provided your consent or at your direction.

7. Creating Aggregated, De-Identified, and/or Anonymized Data. We may aggregate, de-identify, or anonymize your personal information, as well as that of other individuals, and use or share such information with third parties for our legitimate business purposes, including analyzing and improving the Service, training our proprietary algorithms or other machine learning systems, and promoting our business.

8. Cookies and Similar Technologies. In addition to other uses described above, we may use cookies and similar technologies for:

   • Technical Operation: Enabling the technical functions of the Service (such as remembering your selections and whether you are logged in).
   • Functionality: Improving the performance and functionality of the Service.
   • Advertising: Assisting our third-party advertising partners in displaying ads that they believe will interest you on other online services, as well as measuring and evaluating ad performance.
   • Analytics: Gaining insights into user behaviors (for example, which pages are visited most or least, how visitors navigate the Service, and how they interact with our emails). We may use Google Analytics for these purposes. More information about opting out of Google Analytics is available at: Google Analytics Opt-Out.

9. Retention. We generally retain personal information as long as necessary to fulfill the purposes for which it was collected, including to meet any legal, accounting, or reporting obligations, to initiate or defend legal claims, or to prevent fraud. In determining appropriate retention periods, we consider factors such as the volume, nature, and sensitivity of the personal information; the potential risk of harm from unauthorized use or disclosure; the purposes for which we process the personal information and whether we can achieve those purposes by other means; and relevant legal requirements.

   We may store aggregated, de-identified, and/or anonymized data indefinitely for our lawful business needs. We will retain biometric data only until the earlier of: (i) the date the initial reason for its collection has been fulfilled, or (ii) three years from the date of your account deletion.

Disclosing Your Personal Information

We may disclose your personal information to the recipients listed below and as otherwise described in this Privacy Policy, in any other relevant notice, or at the time of collection:

1. Other Users and the Public. Your profile information, user-generated content (“UGC”), and any user inputs/outputs may be visible to other users of the Service as well as to the general public. For instance, if you choose to make your profile or posted media publicly accessible through the Service, such information may be viewed, collected, and used by others, including being cached, copied, or otherwise stored (e.g., by search engines). We are not responsible for any subsequent use of your information by these third parties.
2. Affiliates. We may share personal information with our corporate parent, subsidiaries, and affiliates.
3. Service Providers. We engage third parties to perform tasks on our behalf or to assist in operating the Service or our business (e.g., artificial intelligence providers, hosting, IT services, customer support, email delivery, marketing, consumer research, cookie providers, and website analytics). These service providers will be given access to personal information solely as needed to perform their functions.
4. Payment Processors. Any payment card information you provide for purchases on the Service is collected and processed directly by our payment processors.
5. Advertising Partners. We may share your personal information with third-party advertising companies for the purpose of interest-based advertising, as described above.
6. Third Parties Designated by You. We may disclose your personal information to third parties when you direct us to do so, provide your consent or authorization, or otherwise require the Service to operate as you have requested.
7. Business and Marketing Partners. We may share personal information with entities with whom we co-sponsor events or promotions, jointly offer products or services, or who offer products or services that may interest you.
8. Professional Advisors. We may disclose personal information to professional advisors (such as attorneys, auditors, bankers, and insurers) to the extent necessary for them to provide their services to us.
9. Authorities and Others for Legal, Compliance, and Security Purposes. We may share personal information with law enforcement agencies, government authorities, and private parties when we believe in good faith such disclosure is necessary or appropriate for the compliance and protection purposes described above. This includes, without limitation, disclosures for fraud detection or prevention, or to evaluate whether user-generated content, user inputs, or outputs violate our terms of service or applicable law.
10. Business Transferees. In connection with an actual or prospective corporate transaction—such as an investment in or financing of our company, a public stock offering, a merger, sale, transfer, or acquisition of all or any part of our business, assets, or shares, or similar events—or in the event of bankruptcy, insolvency, or receivership, personal information may be disclosed or transferred as a business asset. For instance, we may share certain personal information with prospective counterparties and their advisors or an eventual acquirer, successor, or assignee.

Security

We implement a range of technical, organizational, and physical safeguards designed to protect the personal information we collect. Nonetheless, please be aware that all internet and information technology systems involve inherent security risks. Therefore, we cannot guarantee the absolute security of your personal information.

International Data Transfer

Our organization is based in the United States and may employ service providers operating in other countries. Consequently, your personal information may be transferred to the United States or other jurisdictions whose data protection laws may not offer the same level of protection as those in your state, province, or country.

Further Information for Users

Legal basis of processing

The Owner may process Personal Data relating to Users if one of the following applies:

• Users have given their consent for one or more specific purposes.
• Provision of Data is necessary for the performance of an agreement with the User and/or for any pre-contractual obligations thereof.
• Processing is necessary for compliance with a legal obligation to which the Owner is subject.
• Processing is related to a task that is carried out in the public interest or in the exercise of official authority vested in the Owner.
• Processing is necessary for the purposes of the legitimate interests pursued by the Owner or by a third party.

In any case, the Owner will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Data is a statutory or contractual requirement, or a requirement necessary to enter into a contract.

Further information about retention time

Unless specified otherwise in this document, Personal Data shall be processed and stored for as long as required by the purpose they have been collected for and may be retained for longer due to applicable legal obligation or based on the Users’ consent.

Therefore:

• Personal Data collected for purposes related to the performance of a contract between the Owner and the User shall be retained until such contract has been fully performed.
• Personal Data collected for the purposes of the Owner’s legitimate interests shall be retained as long as needed to fulfill such purposes. Users may find specific information regarding the legitimate interests pursued by the Owner within the relevant sections of this document or by contacting the Owner.
• The Owner may be allowed to retain Personal Data for a longer period whenever the User has given consent to such processing, as long as such consent is not withdrawn. Furthermore, the Owner may be obliged to retain Personal Data for a longer period whenever required to fulfil a legal obligation or upon order of an authority.

Once the retention period expires, Personal Data shall be deleted. Therefore, the right of access, the right to erasure, the right to rectification and the right to data portability cannot be enforced after expiration of the retention period.

The rights of Users based on the General Data Protection Regulation (GDPR)

Users may exercise certain rights regarding their Data processed by the Owner. In particular, Users have the right to do the following, to the extent permitted by law:

• Withdraw their consent at any time. Users have the right to withdraw consent where they have previously given their consent to the processing of their Personal Data.
• Object to processing of their Data. Users have the right to object to the processing of their Data if the processing is carried out on a legal basis other than consent.
• Access their Data. Users have the right to learn if Data is being processed by the Owner, obtain disclosure regarding certain aspects of the processing and obtain a copy of the Data undergoing processing.
• Verify and seek rectification. Users have the right to verify the accuracy of their Data and ask for it to be updated or corrected.
• Restrict the processing of their Data. Users have the right to restrict the processing of their Data. In this case, the Owner will not process their Data for any purpose other than storing it.
• Have their Personal Data deleted or otherwise removed. Users have the right to obtain the erasure of their Data from the Owner.
• Receive their Data and have it transferred to another controller. Users have the right to receive their Data in a structured, commonly used and machine readable format and, if technically feasible, to have it transmitted to another controller without any hindrance.
• Lodge a complaint. Users have the right to bring a claim before their competent data protection authority.

Users are also entitled to learn about the legal basis for Data transfers abroad including to any international organization governed by public international law or set up by two or more countries, such as the UN, and about the security measures taken by the Owner to safeguard their Data.

Details about the right to object to processing

Where Personal Data is processed for a public interest, in the exercise of an official authority vested in the Owner or for the purposes of the legitimate interests pursued by the Owner, Users may object to such processing by providing a ground related to their particular situation to justify the objection.

Users must know that, however, should their Personal Data be processed for direct marketing purposes, they can object to that processing at any time, free of charge and without providing any justification. Where the User objects to processing for direct marketing purposes, the Personal Data will no longer be processed for such purposes. To learn whether the Owner is processing Personal Data for direct marketing purposes, Users may refer to the relevant sections of this document.

How to exercise these rights

Any requests to exercise User rights can be directed to the Owner through the contact details provided in this document. Such requests are free of charge and will be answered by the Owner as early as possible and always within one month, providing Users with the information required by law. Any rectification or erasure of Personal Data or restriction of processing will be communicated by the Owner to each recipient, if any, to whom the Personal Data has been disclosed unless this proves impossible or involves disproportionate effort. At the Users’ request, the Owner will inform them about those recipients.

Additional information about Data collection and processing

Legal action

The User's Personal Data may be used for legal purposes by the Owner in Court or in the stages leading to possible legal action arising from improper use of this Application or the related Services. The User declares to be aware that the Owner may be required to reveal personal data upon request of public authorities.

Additional information about User's Personal Data

In addition to the information contained in this privacy policy, this Application may provide the User with additional and contextual information concerning particular Services or the collection and processing of Personal Data upon request.

System logs and maintenance

For operation and maintenance purposes, this Application and any third-party services may collect files that record interaction with this Application (System logs) or use other Personal Data (such as the IP Address) for this purpose.

Information not contained in this policy

More details concerning the collection or processing of Personal Data may be requested from the Owner at any time. Please see the contact information at the beginning of this document.

Changes to this privacy policy

The Owner reserves the right to make changes to this privacy policy at any time by notifying its Users on this page and possibly within this Application and/or - as far as technically and legally feasible - sending a notice to Users via any contact information available to the Owner. It is strongly recommended to check this page often, referring to the date of the last modification listed at the bottom.

Should the changes affect processing activities performed on the basis of the User’s consent, the Owner shall collect new consent from the User, where required.

Definitions and legal references

Personal Data (or Data)

Any information that directly, indirectly, or in connection with other information — including a personal identification number — allows for the identification or identifiability of a natural person.

Usage Data

Information collected automatically through this Application (or third-party services employed in this Application), which can include: the IP addresses or domain names of the computers utilized by the Users who use this Application, the URI addresses (Uniform Resource Identifier), the time of the request, the method utilized to submit the request to the server, the size of the file received in response, the numerical code indicating the status of the server's answer (successful outcome, error, etc.), the country of origin, the features of the browser and the operating system utilized by the User, the various time details per visit (e.g., the time spent on each page within the Application) and the details about the path followed within the Application with special reference to the sequence of pages visited, and other parameters about the device operating system and/or the User's IT environment.

User

The individual using this Application who, unless otherwise specified, coincides with the Data Subject.

Data Subject

The natural person to whom the Personal Data refers.

Data Processor (or Processor)

The natural or legal person, public authority, agency or other body which processes Personal Data on behalf of the Controller, as described in this privacy policy.

Data Controller (or Owner)

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, including the security measures concerning the operation and use of this Application. The Data Controller, unless otherwise specified, is the Owner of this Application.

This Application

The means by which the Personal Data of the User is collected and processed.

Service

The service provided by this Application as described in the relative terms (if available) and on this site/application.

European Union (or EU)

Unless otherwise specified, all references made within this document to the European Union include all current member states to the European Union and the European Economic Area.

Cookie

Cookies are Trackers consisting of small sets of data stored in the User's browser.

Tracker

Tracker indicates any technology - e.g Cookies, unique identifiers, web beacons, embedded scripts, e-tags and fingerprinting - that enables the tracking of Users, for example by accessing or storing information on the User’s device.

Legal information

This privacy policy relates solely to this Application, if not stated otherwise within this document.