OPTIMATIK PRIVACY POLICY

‍

Last Updated: February 29, 2024

This Privacy Policy describes how Optimatik, Inc. (“we”, “us,” “our,” or the “Company”) collects, uses and discloses information about individuals who use our, websites, including, https://thevybeapp.com, Vybe application (“Application”), services, tools and features (collectively, the “Services”). For the purposes of this Privacy Policy, “you” and “your” means you as the user of the Services, whether you are a customer or another individual whose information we have collected pursuant to this Privacy Policy. 

‍

Please read this Privacy Policy carefully. By using, accessing, or downloading any of the Services, you agree to the collection, use, and disclosure of your information as described in this Privacy Policy. If you do not agree to this Privacy Policy, please do not use, access or download any of the Services.

1. HOW WE COLLECT AND USE YOUR INFORMATION

When you access or use the Services, we collect certain categories of information about you from a variety of sources. 

‍

Information We Collect Directly from You

‍

Some features of the Services may involve you providing us with certain information about yourself, as follows:

• Photographs for Vybe. If you use the Application, you have the option to generate: (i) a series of avatar portraits (based on your likeness) (“Vybe Image(s)”); and (ii) the underlying themes that aid in the creation of a Vybe (“Filter(s)”). 

• You can choose to take or upload photos of yourself to either generate a Vybe or a Filter.
• You can choose if and how you use and share both your Vybe and Filter on the Application and on third party social networks. If you choose to share your Filter to the filter feed, your Filter becomes viewable by other users, and becomes a template for other users of the Application to generate their own Vybe using that Filter.
• In accordance with this Privacy Policy and applicable law, your Vybe, Filter, and underlying photographs used to generate your Vybe and Filter are stored on the secure servers we use and we do not make them available for any other use by other companies.
• You can choose, at any time, to delete your Vybe (which you can do within your profile).
• You can also delete your account at any time (which you can do under your profile), in which case, your Vybe, Filter, and any of the underlying photos used to generate your Vybe and Filter, and the rest of your profile information will be deleted.

• Account information (e.g., gender, username, and password). We collect account information to maintain and secure your account with us. If you choose to use the Services and register an account, you are responsible for keeping your account credentials safe. We highly recommend that you do not share your username, password, or other access details with anyone else. If you believe your account has been compromised, please contact us immediately.

• Contact information (e.g., phone number). We collect your phone number so that, with your permission, if we can access your contacts and enable you to invite them to use the Application.
• Interests (e.g., games, pop culture, Filters you are interested in, etc.). We collect your interests to provide you with the Services and better tailor the Services to you.
• Any other information you choose to provide to us or include in communications with.

Information We Obtain from Third Parties 

‍

We may obtain information about you from third parties, such as: 

‍

• Telephone number and email address from other users of the Application who refer you to join and use the Application.

Any information we obtain from third parties will be treated in accordance with this Privacy Policy. We are not responsible or liable for the accuracy of the information provided to us by third parties and are not responsible for any third party’s policies or practices. For more information, see the section below, Third Party Websites and Links.

‍

Information We Collect Automatically

‍

We also automatically collect certain information about your interaction with the Services (“Usage Data”). To do this, we may use cookies and other geolocation tracking technologies, etc. (“Tracking Technologies”). Usage Data may include:

‍

• Device information (e.g.,  device type and name, IP address, and operating system version).
• Browser information (e.g., browser type).
• Location information (e.g., approximate geolocation).
• Other information regarding your interaction with the Services (e.g., number of sessions, session duration, Application open time and updates, configuration of the Application, log data, and date and time stamps).

We use Usage Data to tailor the Services, including to provide features and content to you, market to you, monitor our marketing efforts, run analytics and better understand user interaction with the Services. For more information on how we use Tracking Technologies and your choices, see the section below, Cookies and Other Tracking Technologies.

‍

In addition to the uses described above, we may use any of the above information to comply with any applicable legal obligations, and to protect or defend our rights, and the rights of our users or others.

‍

2. COOKIES AND OTHER TRACKING TECHNOLOGIES

Most web-based services accept cookies automatically, but you may be able to control the way in which your devices permit the use of Tracking Technologies. If you so choose, you may block or delete our cookies from your browser; however, blocking or deleting cookies may cause some of the Services, including certain features and general functionality, to work incorrectly. If you have questions regarding the specific information about you that we process or retain, as well as your choices regarding our collection and use practices, please contact us using the information listed below.

‍

To opt out of tracking by Google Analytics, click here.

‍

Your device settings may allow you to transmit a “do not track” signal, “opt-out preference” signal, or another signal or mechanism for exercising your choice regarding the collection of your information when you visit various websites, including our Services. Like many services, our Services are not designed to respond to “Do Not Track” signals received from browsers. To learn more about “Do Not Track” signals, you can visit http://www.allaboutdnt.com/.

‍

If you have questions regarding the specific information about you that we process or retain, as well as your choices regarding our collection and use practices, please contact us using the information listed below.

3. HOW WE DISCLOSE YOUR INFORMATION

In certain circumstances, we may disclose your information to third parties as follows: 

• With our affiliates or otherwise within our corporate group as we use shared infrastructure, systems and technology and, in some instances, we may rely on our affiliates to support us in providing the Services.
• With vendors or other service providers, such as those providing cloud storage providers, technical infrastructure services, analyzing how our Services are used, providing customer service, administering our communications, or securing our Services. 
• In connection with or anticipation of an asset sale, merger, bankruptcy, or other business transaction.
• To comply with applicable law or any obligations thereunder, including cooperation with law enforcement, judicial orders, and regulatory inquiries.
• To enforce any applicable terms of service and ensure the safety and security of the Company and/or its users.
• With professional advisors, such as auditors, law firms, or accounting firms.

4. USER GENERATED CONTENT‍

The Application also hosts places for you to describe your Vybe, Filter, and interact with other users, which users may elect to join and/or participate in. The purpose of these features is to interact with other users. Through your participation, you may submit photos (“User-Generated Content” or “UGC”). We or others may store, display, reproduce, publish, or otherwise use UGC, and may or may not attribute it to you. Others may also have access to UGC and may have the ability to share it with third parties. If you choose to submit UGC to any public area of the Services, your UGC will be considered “public” and will be accessible by anyone, including the Company. Please note that we do not control who will have access to the information that you choose to make available to others, and cannot ensure that parties who have access to such information will respect your privacy or keep it secure.  We are not responsible for the privacy or security of any information that you make publicly available on the features permitting creation of UGC or what others do with information you share with them on such platforms. We are not responsible for the accuracy, use or misuse of any UGC that you disclose or receive from third parties through the forums.

5. THIRD PARTY WEBSITES AND LINKS

We may provide plug-ins and/or links to websites or other online platforms operated by third parties. If you follow links to websites and/or platforms not affiliated or controlled by us, you should review their privacy and security policies and other terms and conditions. We do not guarantee and are not responsible for the privacy or security of these websites, including the accuracy, completeness, or reliability of information found on these sites. Information you provide on public or semi-public venues, including information you share on third-party social networking platforms may also be viewable by other users of the Services and/or users of those third-party platforms without limitation as to its use by us or by a third party. Our inclusion of such links does not, by itself, imply any endorsement of the content on such platforms or of their owners or operators, except as disclosed on the Services.

6. CHILDREN’S PRIVACY

Children under the age of 13 are not permitted to use the Services, and we do not seek or knowingly collect any personal information about children under 13 years of age. If we become aware that we have unknowingly collected information about a child under 13 years of age, we will make commercially reasonable efforts to delete such information. If you are the parent or guardian of a child under 13 years of age who has provided us with their personal information, you may contact us using the below information to request that it be deleted.

7. SECURITY 

Please be aware that, despite our reasonable efforts to protect your information, no security measures are perfect or impenetrable, and we cannot guarantee “perfect security.” Any information you send to us electronically, while using the Services or otherwise interacting with us, may not be secure while in transit. We recommend that you do not use unsecure channels to communicate sensitive or confidential information to us. 

We retain your information for as long as is reasonably necessary for the purposes specified in this Privacy Policy, or for longer periods of time where we obtain your consent.  

We will also retain and use your information to the extent necessary to comply with our legal obligations, resolve disputes and enforce our terms and conditions, other applicable terms of service, and our policies. 

8. CHANGES TO THIS PRIVACY POLICY

We may modify this Privacy Policy from time to time in which case we will update the “Last Updated” date at the top of this Privacy Policy. If we make material changes to the way in which we use information we collect, we will use reasonable efforts to notify you (such as by emailing you at the last email address you provided us, by posting notice of such changes on the Services, or by other means consistent with applicable law) and will take additional steps as required by applicable law. If you do not agree to any updates to this Privacy Policy, please do not access or continue to use the Services.

9. HOW TO CONTACT US

Should you have any questions about our privacy practices or this Privacy Policy, please email us at admin@optimatik.ai.

‍