Privacy Policy

HyperGAI Pte. Ltd. (“HyperGAI”, “we”, “us”, “our”) takes your privacy seriously and we know you do too. This Privacy Policy (“Policy”) describes how we collect,use, and share Personal Information, your Rights & Choices, and other important information about how we handle your Personal Information. Capitalized terms have meanings as defined in our Terms of Service or in this policy. HyperBooth.ai is a product of HyperGAI, which has a principal place of business at 10 Anson Road, #11-07 International Plaza, Singapore, 079906.

ATTENTION: PLEASE READ OUR PRIVACY POLICY CAREFULLY BEFORE ACCESSING OR USING THE SERVICE. ACCESSING OR USING THE SERVICE INDICATES THAT YOU ACCEPT AND ACKNOWLEDGE THIS PRIVACY POLICY IN FULL. IF YOU DO NOT ACCEPT THIS PRIVACY POLICY, DO NOT ACCESS OR USE THE SERVICE. You acknowledge (a) that you have read and understood this Policy; (b) that you accept this Policy and consent to the collection, use, and sharing of your personal information described in this Policy; and (c) that by consenting to this Policy, you consent to receive notifications regarding security incidents to the email address we have on file for you.

Please note that your use of our Service is also subject to our Terms of Service and the following Community Guidelines: you are prohibited from generating content that, in the sole discretion of HyperGAI, is deemed unsuitable, obscene, violent or graphic or harmful, offensive, racially or politically motivated, or contrary to community standards and user expectations. Policy.

Please review the Policy each time you use the Service. BY USING THE SERVICE, YOU CONSENT TO THE MOST RECENT VERSION OF THE PRIVACY POLICY. If we materially change this Privacy Policy, we will let you know by sending an email to the email address we have on file for you and posting an updated Privacy Policy on the Service. Your continued use of our Service constitutes your acknowledgement and acceptance of any revised

General inquiries and Regional Data Rights: dpo@hypergai.com

Categories of Personal Information We Process

To provide our Service, we may collect and use information defined as personal information under applicable privacy laws (“Personal Information”). We collect and use the following categories of Personal Information (note, specific Personal Information elements are examples and may change):

Audio/Visual Data. Video or image files and records, such as selfies or other photo uploads, as well as voicemails and other recordings.

Biographical Data. Data relating to professional and employment history, qualifications, and similar biographic information.

Contact Data. Information about you and used to contact you, such as email address, mailing address, or phone number.

Device/Network Data. Personal Information relating to your device, browser, or application e.g. device identifiers, IP address, identifiers from cookies, session history, Service navigation metadata, and other data generated through applications and browsers, including via cookies, pixels, and similar technologies.

General Location Data. Non-precise location data, e.g. location information derived from IP addresses.

Identity Data. Information such as your name, gender, race/ethnicity, date of birth, age and/or age range, account login details, or other account handles/usernames.

Inference Data. Personal Information we create or use as part of a profile reflecting your preferences, characteristics, aptitudes, market segments, likes, favorites, or interests.

Sensitive Personal Information. Information deemed “sensitive” under applicable privacy laws. We collect the following categories of Sensitive Personal Information:

1. Biometric Data. Information such as facial images and voice recordings.

Transaction Data. Information about transactions you make with us through our websites and mobile apps, such as a subscription, and similar information.

User Content. Personal Information included in content provided by users of the Service in any free-form or unstructured format, such as in an AI chat session, a “contact us” box, or other free text field, file, document, or message to us.

How We Collect Personal Information

We collect Personal Information from various sources based on the context in which the Personal Information will be used:

Data we collect from you. We collect Personal Information from you directly, for example, when you sign up, create an AI photo, or contact us directly.

Data we collect automatically. We may collect certain Personal Information automatically. For example, we collect Device/Network Data automatically using cookies and similar technologies when you use our Service, access our Service, or when you open our communications.

Data we receive from service providers. We receive Personal Information from service providers performing services for HyperGAI.

Data we receive from social media platforms. We receive Personal Information from Facebook, Discord, and other social media companies when you interact with that social media company on or in connection with our Service.

Data we receive from Single Sign-On. We receive Personal Information from Google, Facebook, Discord, Apple, or Microsoft when you use single sign-on to log-in to the Service.

Data we create and infer. We and certain partners and third parties create and infer Personal Information such as Inference Data based on our observations or analysis of Personal Information used under this Policy, and we may correlate this Personal Information with other information about you.

Websites

Generally

We use Device/Network Data, Inference Data, Audio/Visual Data, Contact Data, Identity Data, Transaction Data, User Content, and General Location Data when you visit or use our Service. We may also process Sensitive Personal Information, including Biometric Data, if you provide such Sensitive Personal Information while visiting or using the Service.

You may also be able to create an account, complete a transaction, create an AI photo, apply for a job, contact us, or read our blog or other materials through the Service.

We use this Personal Information as necessary to operate our Service, such as keeping you logged in, delivering pages, creating AI photos, content screening, for our Business Purposes, and our other legitimate interests, such as:

1. ensuring the security of our website, and other technology systems; and
2. analyzing the use of our Service, including navigation patterns, clicks, etc. to help understand and make improvements to the Service.

We may use this Personal Information for our Commercial Purposes.

Cookies, Pixels, and Similar Tracking Technologies

We use Device/Network Data, Contact Data, Identity Data, Inference Data, Transaction Data, User Content, and General Location Data in connection with our use of cookies, pixels, and similar technologies on our Service. We and authorized third parties may collect this data automatically.

We and authorized third parties may use cookies and similar technologies for the following purposes:

1. for “essential” purposes necessary for our Service to operate (such as maintaining user sessions, content delivery, and the like);
2. for “functional” purposes, such as to enable certain features of our Service (for example, to allow a customer to maintain a logged-in session);
3. for “analytics” purposes and to improve our Service, such as to analyze the traffic to and on our Service (for example, we can count how many people have looked at a specific page, or see how visitors move around the Service when they use it, to distinguish unique visits/visitors to our Service, and what website they visited prior to visiting our Service, and use this information to understand user behaviors and improve the design and functionality of the Service); and
4. for “retargeting,” Online Advertising, or other advertising and marketing purposes, including technologies that use Inference Data or other data so that we can deliver, buy, or target advertisements which are more likely to be of interest to you.

We may also use this Personal Information for our Business Purposes.

We use Google Analytics and Google Tag Manager to better understand who is using the Service and how people are using it, and for remarketing and behavioral targeting. Google Analytics uses cookies to collect and store information, such as Service pages visited, places where users click, time spent on each Service page, Internet Protocol address, type of device and operating system used, language preference, location-based data, device ID, search traffic, gender, and age. Google and other third parties may use cookies, pixels, web beacons, and other storage technologies to collect information from the Service and from other Internet websites, and use that information for the purposes of targeting ads and providing measurement services. Google may track your activity over time and across websites. For specific information about Google Analytics, please visit: the Google Analytics Privacy Disclosure Policy. If you are logged into Google, you can opt out of the collection and use of your information for certain advertising by visiting the Data & personalization portion of your account settings.

Google Tag Manager is a tag management system that allows the Service to update measurement codes and related code fragments collectively known as tags on our Service. We use this information to improve the Service and as otherwise described in this Policy. Google Tag Manager may collect information related to tag firing, information contained in standard HTTP requests logs, and information related to online identifiers, such as cookie identifiers and IP addresses. Please see: Google Analytics Opt-Out for information about the Google Analytics Opt-out Browser Add-on.

We use the Meta Pixel to analyze user activity on our Service for Online Advertising. The Meta Pixel is triggered when you perform certain activities on the Service and aids us in displaying ads to Facebook or Instagram users who have visited our Service, or Facebook or Instagram users who share certain characteristics with visitors to our Service. Meta and other third parties may use cookies, web beacons, and other storage technologies to collect information from the Service and from other internet websites and use that information for the purposes of targeting ads and providing measurement services. Meta may track your activity over time and across websites. For more information about the data Meta collects, please visit Meta‘s privacy policy. For specific information about Meta Pixel, please visit About Meta Pixel. For more information about ad targeting and exercising your choice to opt out of the collection and use of information for ad targeting, please visit Facebook Help Center, or opt out using the WebChoices tool.

We may also work with third-party marketing companies that help deliver online marketing to you. See your Rights & Choices for information regarding opt-out rights for cookies and similar technologies and in relation to Online Advertising.

Mobile Apps

If you use our mobile apps, we may use Device/Network Data, Inference Data, Audio/Visual Data, Contact Data, Identity Data, Transaction Data, User Content, and General Location Data. We may also use Sensitive Personal Information, including Biometric Data if you provide such Sensitive Personal Information while using the mobile apps.

We use this Personal Information to provide our mobile apps, for ourBusiness Purposes, and our other legitimate interests, such as:

1. to optimize the display and functionality of the Apps on your device;
2. to generate your AI images and photos; or
3. to provide you with access to your account.

We may use this Personal Information for our Commercial Purposes.

Account Registration

We use Identity Data, Contact Data, Inference Data, and User Content when you register and create an account for our Service.

We use this Personal Information to create and maintain your account, to provide the products and services you request, and for our Business Purposes. We may use Identity Data, Inference Data, and Contact Data for Commercial Purposes.

Purchases and Transactions

We process Transaction Data, Identity Data, Inference Data, and Contact Data when you purchase a membership or complete other transactions. Our payment providers collect your Payment Data such as credit card or bank information but do not share Payment Data with us.

We use this Personal Information as necessary to perform or initiate a transaction with you, process your order, payment, or refund, carry out fulfillment and delivery, document transactions, and for our Business Purposes.

We may use Identity Data, Transaction Data, Contact Data, and Device/Network Data for Commercial Purposes.

Creating AI Photos

We process Audio/Visual Data and User Content when you upload a selfie or other photo in order to create an AI photo. When you upload Audio/Visual Data for editing and AI creation, we automatically apply technology that learns some features from your face that are used to generate an AI photo. Audio/Visual Data processed in this context may be defined as Biometric Data under some privacy laws.

We use this Personal Information to provide you with the features you choose to help create your AI photo, to monitor your photos for safety and appropriate content, and for our Business Purposes.

Blogs

We process Device/Network Data and Inference Data when you access our blogs. We use this Personal Information to learn about our community, for marketing, and for our Business Purposes andCommercial Purposes.

Marketing Communications

We process Device/Network Data, Contact Data, Identity Data, and Inference Data in connection with marketing emails or similar communications, and when you open or interact with those communications. You may receive marketing communications if you consent and, in some jurisdictions, you may receive email marketing communications as a result of account registration or a purchase.

We process this Personal Information to contact you about relevant products or services and for our Business Purposes. We may use this data for our Commercial Purposes. See your Rights & Choices to limit or opt out of this processing.

Job Applications

We process Identity Data, Contact Data, Biographical Data, Inference Data, and User Content, in connection with your application for a job or internship.

We process this Personal Information as necessary to evaluate, establish, and maintain the employment relationship, and for our Business Purposes.

Contact Us

When you contact us though the Service using a contact us box, phone, or email, we process Contact Data, Device/Network Data, User Content, and any Personal Information contained within any User Content. We use Contact Data and User Content as necessary to communicate with you about the subject matter of your request and related matters. We may also use this Personal Information for our Business Purposes.

Posts and Social Media

We process Identity Data, Preference Data, Contact Data, and User Content (e.g. comments, forum and social media posts, etc.) on our Service. We also process Identity Data, Contact Data, and User Content if you interact with or identify us on social media or communication platforms (e.g. if you post User Content that engages with or tags our official accounts).

We process this Personal Information for our Business Purposes, and Commercial Purposes.

Posts may be public, or reposted on our Service. Content you provide may be publicly available when you post it on our Service, or in some cases, if you reference, engage, or tag our official social media accounts or communications platforms.

Business Purposes

In addition to the uses described above, we generally use Personal Information for several common purposes in connection with our business (“Business Purposes”). Please see below for more information regarding the purposes for which we use your Personal Information.

Operate our Service, Fulfill Obligations, and Improve our AI Model.We use any Personal Information as is necessary to provide the Service, and as otherwise necessary to fulfill our obligations to you, e.g. to provide you with the information, features, and services you request. We may use Audio/Visual Data to train our AI models.

Internal Processes and Service Improvement. We may use any Personal Information we process through our Service in connection with understanding how the Service is used or functions, for customer service purposes, in connection with the creation and analysis of logs and metadata relating to Service use, and for ensuring the security and stability of the Service. Additionally, we may use Personal Information to understand what parts of our Service are most relevant to users, how users interact with various aspects of our Service, how our Service performs or fails to perform, and if there are specific activities that might indicate an information security risk to the Service or our users.

Analytics. We use Personal Information as necessary in connection with our creation of analytics relating to how our Service is used, the pages and content users view, and the creation of reports regarding the use and performance of our Service and other similar information and metrics.

Compliance, Safety & Public Interest. We may, without your consent or further notice to you, and to the extent required or permitted by law, use any Personal Information subject to this Policy for purposes determined to be in the public interest or otherwise required by law. For example, we may use information as necessary to fulfil our legal obligations, to protect the vital interests of individuals or otherwise in the public interest, or to comply with requirements of a public authority. Please see the data sharing section for more information about how we disclose Personal Information in extraordinary circumstances.

Corporate Events. Your Personal Information may be used or shared as part of routine corporate operations, corporate reorganizations, or any business transition, such as a merger, acquisition, liquidation, or sale of assets.

Other Uses of Personal Information. If we use Personal Information in connection with our Service in a way not described in this Policy, this Policy will still apply generally (e.g. with respect to your rights and choices) unless otherwise stated when you provide it.

Commercial Purposes

We and certain third parties use Personal Information to further our commercial or economic interests (“Commercial Purposes”) depending on the context of collection and your rights and choices.

Online Advertising. We may engage in online advertising (“Online Advertising“) to increase engagement on our platform and help more people create stunning AI photos and engage with our other services. This form of advertising involves various parties and services providers, including third party data controllers, engaged in the use of Personal Information to deliver and tailor ads you see.

These parties may collect Personal Information such as unique IDs, IP addresses, device information, OS/browser type, and other similar data, as well as information about the ads you see and view, to develop and assess aspects of a profile about you to deliver more relevant advertisements and offers, to determine whether and how ads you see are effective, and to enable and assess advertisements you see from us on other sites. These third parties may augment your profile with demographic and other preferences data derived from these observations, and may also track whether you view, interact with, and how often you have seen an ad, or whether you complete a purchase for a good or service you were shown in an advertisement. These parties may be able to identify you across sites, devices, and over time. You can control how these third parties use your data, and the ads you see on these platforms, using the tools described in the your Rights and Choices section below.

To learn about the specific providers we use for these services, please contact us.

Information we collect and process may be shared with a variety of parties, depending upon the purpose for and context in which that information was provided. We generally transfer data to the categories of recipients or in connection with Business Purposes, as described below.

Vendors and Service Providers. In connection with our general business operations, service improvements, enablement of certain features, advertising, and other lawful business interests, we may share Personal Information with vendors, service providers, and subprocessors who provide certain services to us or process data on our behalf. For example, we use third party hosting providers to host our Service or Content, and we may disclose information as part of our own internal operations, such as security operations, internal research, etc.

Corporate Events. Your Personal Information may be disclosed to a third party in the event that we consider or go through a business transition, such as a merger, acquisition, liquidation, or sale of all or a portion of our assets. For example, Personal Information may be part of the assets transferred, or may be disclosed (subject to confidentiality restrictions) during the due diligence process for a potential transaction.

Affiliates. To streamline certain business operations and develop services that better meet the interests and needs of our customers, we may share your Personal Information with any of our current or future affiliated entities, subsidiaries, and parent companies.

Legal Disclosures. In limited circumstances, we may, without notice or your consent, access and disclose your Personal Information, our correspondence with you, and any other information that we may have about you to the extent we believe such disclosure is legally required, to prevent or respond to a crime, to investigate violations of our Terms of Service or Community Guidelines, or in the interests of us or any person. We may, in our sole discretion (but without any obligation), object to the disclosure of your Personal Information to such parties.

Public Disclosure. If you use any social media plugin, API, or other similar feature, or otherwise interact with us or our Service via social media, we may make your post available on our Service or to the general public. We may share, rebroadcast, or redisplay Personal Information or other information in the post to the extent permitted by the relevant social media service.

Your Rights

Applicable law may grant you rights in your Personal Information. These rights vary based on your location and state/country of residence and may be limited by or subject to our own rights in your Personal Information. You may submit requests to exercise rights you may have by contacting us at dpo@hypergai.com.

Note: we are able to fulfill rights requests regarding Personal Information that we control or use. We may not have access to or control over Personal Information controlled by third parties. Please contact the third party directly to exercise your rights in third party-controlled information.

Verification Requirements

All rights requests we receive directly must be verified to ensure that the individual making the request is authorized to make that request, to reduce fraud, and to ensure the security of your Personal Information. For example, we may require that you verify that you have access to the email on file in order to verify your identity. If an agent is submitting the request on your behalf, we reserve the right to validate the agent‘s authority to act on your behalf.

Your Choices

You may have the following choices regarding the Personal Information we use, to the extent required under applicable law:

Changing Your Information. To change your information, please contact us at dpo@hypergai.com.

Closing Your Account. If the email account associated with your email address is not active, we may remove it from our system without notice. To close your account, please email us atdpo@hypergai.com.

Cookies & Similar Technologies. If you do not want information collected through the use of cookies and similar technologies, you can manage/deny cookies and certain similar technologies using your browser‘s settings menu. You must opt out of the use of some third party services directly via the third party. For example, to opt-out of Google‘s analytic and marketing services, visitGoogle Analytics Terms of Service, the Google Privacy Policy, orGoogle Analytics Opt-out, or to opt-out of the Meta Pixel please visit the Facebook Help Center, or opt out using the WebChoices tool.

Do-Not-Track. Your browser or device may offer you a “Do Not Track” option, which allows you to signal to operators of websites, web applications, mobile applications, and services (including behavioral advertising services) that you do not wish such operators to track certain of your online activities over time and/or across different websites or applications. The Service does not support Do Not Track requests at this time, which means that we, our analytics providers, or other third parties with which we work may collect information about your online activity both during and after your use of the Service.

We implement and maintain commercially reasonable security measures to secure your Personal Information from unauthorized use. While we endeavor to protect our Service and your Personal Information against unauthorized access, use, modification and disclosure, we cannot guarantee that any information, during transmission or while stored on our systems, will be absolutely safe from intrusion by others.

We retain Personal Information for so long as it is reasonably necessary to achieve the relevant purposes described in this Policy, or for so long as is required by law. What is necessary may vary depending on the context and purpose of use. We generally consider the following factors when we determine how long to retain data (without limitation):

1. Retention periods established under applicable law;
2. Industry best practices;
3. Whether the purpose of use is reasonably likely to justify further use;
4. Risks to individual privacy in continued use;
5. Applicable data protection impact assessments;
6. IT systems design considerations/limitations;
7. and The costs associated with continued use, retention, and deletion.

We will review retention periods periodically and may pseudonymize or anonymize data held for longer periods.

This Policy applies only to the Service. The Service may contain links to other websites or apps or may forward users to other websites or apps that we may not own or operate and to which this Policy does not apply. The links from the Service do not imply that we endorse or have reviewed these websites or apps. The policies and procedures we describe here do not apply to these websites or apps. We neither can control nor are responsible for the privacy practices or content of these websites or apps. We suggest contacting these websites or app providers directly for information on their privacy policies. Nonetheless, we seek to protect the integrity of the Service and welcome any feedback about these linked websites and mobile applications.

We operate in and use service providers located in the United States and in other countries. If you are located outside the U.S., your Personal Information may be used in the U.S. The U.S. may not provide the same legal protections guaranteed to Personal Information in other countries.

The Service is not intended for or directed at children under 18, and we do not knowingly collect or solicit any information from anyone under the age of 18 or knowingly allow such persons to use the Service. If you are under 18, do not: (i) use or provide any information to us through the website, through the mobile apps, or through any of features of the Service, or (ii) provide any information about yourself to us, including your name, address, telephone number or email address. If you are a parent or guardian and believe we have collected information from your child who is under the age of 18, please contact us at dpo@hypergai.com.

We may change this Policy from time to time. Please visit this page regularly so that you are aware of our latest updates. Your use of the Service following notice of any changes indicates acceptance of any changes. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to this Policy.

Your Nevada Privacy Rights

The Nevada Revised Statutes (NRS 603A.300 et seq.) permit a Nevada consumer to direct an operator of an Internet website or online service to refrain from making any sale of any covered information the operator has collected or will collect about that consumer. If you are a Nevada consumer, you may submit a request pursuant to this directive by emailing us dpo@hypergai.com. We will provide further information about how we verify the authenticity of the request and your identity.

Your California Privacy Rights

Section 1798.83 of the California Civil Code permits California residents to request from a business, with whom the California resident has an established business relationship, certain information about the types of Personal Information the business has shared with third parties for those third parties‘ direct marketing purposes, and the names and addresses of the third parties with whom the business has shared such information during the immediately preceding calendar year. If you are a California resident, you may make one request each year by emailing us at dpo@hypergai.com, or by writing us at 10 Anson Road, #11-07 International Plaza, Singapore, 079906.

Categories of Consumer Health Data We Collect

HyperGAI does not intend to collect “health data” through its services, but certain data, such as facial photos, are defined as “Consumer Health Data” under consumer health privacy laws, including Washington State‘s My Health My Data Act (“MHMDA”). We collect facial photos for the following purposes:

Sources of Consumer Health Data We Collect

We collect Consumer Health Data from various sources, which include: from you and from social media platforms.

Sharing of Consumer Health Data

Categories of Consumer Health Data We Share

We may share the following category of Consumer Health Data with third parties and specific affiliates:

1. Biometric Data as defined under the MHMDA.

Categories of Third Parties with Whom We Share

We may share Consumer Health Data with the following categories of third-party recipients: Vendors and Service Providers; Legal Disclosure.

Specific Affiliates with Whom We Share

We may share Consumer Health Data with the following our affiliated companies: N/A

My Health My Data Rights

Your Rights

Under the Washington State My Health My Data Act, Washington State residents and natural persons whose Consumer Health Data is collected in Washington may have the following rights, subject to verification, exceptions, and limitations:

Right to Confirm/Access/Know. Up to twice annually, you have the right to (a) confirm whether we are collecting, sharing, or selling your Consumer Health Data, and (b) access such data, including a list of all third parties and affiliates with whom we have shared or sold the consumer health data and an active email address or other online mechanism that you may use to contact these third parties.

Right to Delete. You have the right to request deletion of the Consumer Health Data held by us and our affiliates, processors, contractors, and other third parties.

Right to Withdraw your Consent/Opt-Out. You may withdraw any consent you have provided at any time. The consequence of your withdrawing consent might be that we cannot perform certain services for you, such as location-based services, personalizing or making relevant certain types of advertising, or other services conditioned on your consent or choice not to opt-out.

Right to Non-Discrimination. You have the right to not to receive discriminatory treatment as a result of your exercise of rights conferred by the My Health My Data Act.

How to Exercise Your Rights

You may submit requests as follows (please our review verification requirements below).

1. You may send an email to dpo@hypergai.com with your email address, phone number, or address on file, along with your request.

If you have any questions or wish to appeal any refusal to take action in response to a MHMDA rights request, contact us atdpo@hypergai.com. We will respond to any request to appeal within the period required by law.

Washington Residents: If your appeal is unsuccessful, you can raise a concern or lodge a complaint with the Washington State Attorney General here.

Verification of Consumer Health Data Rights Requests

If you submit a request, we typically must verify your identity to ensure that you have the right to make that request, to reduce fraud, and to ensure the security of Consumer Health Data. If an agent is submitting the request on your behalf, we reserve the right to validate the agent’s authority to act on your behalf.

We may require that you match Consumer Health Data we have on file in order to adequately verify your identity.

If you have an account, we may require that you log into the account to submit the request as part of the verification process. We may not grant access to certain Consumer Health Data to you if prohibited by law.