Last Updated: July 25, 2022
- When you make use of, or interact with, our web application or the D-ID plugins (including AI Presenters for PowerPoint) (collectively, the “Software“):
- When you create an account and when you log in;
- When you upload photos, text and/or audio, for creating video animations (“Animation(s)”);
- When you connect to get and/or share your Animations; and
- When you upgrade to become a Paying User.
Table of contents:
- What Personal Data we collect, why we collect it, and how it is used
- How we protect and retain your Personal Data
- How we share your Personal Data
- Additional information regarding transfers of Personal Data
- Your privacy rights. How to delete your account
- Use by children
- Interaction with third party products
- Log files
- Analytic tools
- Specific provisions applicable under California privacy laws
- Contact us
- WHAT PERSONAL DATA WE COLLECT, WHY WE COLLECT IT, AND HOW IT IS USED
(I) When you create an account and when you log in
- Specific Personal Data we collect: Full name, email address, email credentials included as part of an SSO login (for example, your profile picture thumbnail, if applicable), location data, name of device and/or browser used, job title and any other information that you decide to provide us via email and/or other means of communication.
- Why is the Personal Data collected and for what purposes? To be able to create an account and login to your account, to be able understand who our users are in order to be able to better serve them, to enjoy features available to registered users only and to be able to send you notifications and marketing collateral.
- Legal basis (GDPR only, if applicable): Performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract, or legitimate interest (e.g. to create your account).
(II) When you upload photos, text and/or audio, for creating video animations
- Specific Personal Data we collect: photos, text (which may include Personal Data), audio (which may include Personal Data).
- Why is the Personal Data collected and for what purposes? We ask your permission to access your device’s camera in order to allow you to take a picture of yourself or of any other individual so we will be able to use the pictures in order to create Animations. We ask your permission to access your device’s microphone to allow you to upload an audio recording. We also ask your permission to access your device’s gallery so we could create the Animations from existing pictures that you select on your device. You are responsible for making sure that you have any and all necessary approvals, consents and authorizations of third parties to take a picture and/or audio recording and/or upload them to the Software.
- Legal basis (GDPR only, if applicable): Consent (for accessing your device’s camera and gallery and/or microphone), Performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract, or legitimate interest (e.g. to let you create Animations).
(III) When you connect to get and/or share your Animation(s)
- Specific Personal Data we collect: Videos created
- Why is the Personal Data collected and for what purposes? To be able to view your Animations gallery and to download and share Animations.
- Legal basis (GDPR only, if applicable): Performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract, or legitimate interest (e.g. to let you download and share the Animations).
(IV) When you upgrade to become a Paying User
- Specific Personal Data we collect: Payment information (credit card number last 4 digits, expiration date and name of card provider).
- Why is the Personal Data collected and for what purposes? To be able to process your payments.
- Legal basis (GDPR only, if applicable): Performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract.
Finally, please note that some of the abovementioned Personal Data will be used for detecting, taking steps to prevent, and prosecution of fraud or other illegal activity, to identify and repair errors, to conduct audits, and for security purposes. Personal Data may also be used to comply with applicable laws, with investigations performed by the relevant authorities, law enforcement purposes, and/or to exercise or defend legal claims. In certain cases, we may or will anonymize or de-identify your Personal Data and further use it for internal and external purposes, including, without limitation, to improve the services and for research purposes. “Anonymous Information” means information which does not enable identification of an individual user, such as aggregated information about the use of our services. We may use Anonymous Information and/or disclose it to third parties without restrictions (for example, in order to improve our services and enhance your experience with them).
- HOW WE PROTECT AND RETAIN YOUR PERSONAL DATA
- Security. We have implemented appropriate technical, organizational and security measures designed to protect your Personal Data. However, please note that we cannot guarantee that the information will not be compromised as a result of unauthorized penetration to our servers. As the security of information depends in part on the security of the computer, device or network you use to communicate with us and the security you use to protect your user IDs and passwords, please make sure to take appropriate measures to protect this information.
- Retention of your Personal Data. Your Personal Data will be stored until we delete the record and we proactively delete it or you send a valid deletion request. Please note that in some circumstances we may store your Personal Data for longer periods of time, for example (i) where we are required to do so in accordance with legal, regulatory, tax or accounting requirements, or (ii) for us to have an accurate record of your dealings with us in the event of any complaints or challenges, or (iii) if we reasonably believe there is a prospect of litigation relating to your Personal Data or dealings.
- HOW WE SHARE YOUR PERSONAL DATA
We may share your Personal Data as follows:
- With our service providers:
- With cloud service providers for hosting purposes;
- With websites and web content creation platforms in order to help us manage our Software;
- With analytic companies, in order to help us understand and analyze information we collect in accordance with this policy (including text and/or photos).
- With our business partners with whom we jointly offer products or services. We may also share Personal Data with our affiliated companies.
- To the extent necessary, with regulators, courts or competent authorities, to comply with applicable laws, regulations and rules (including, without limitation, federal, state or local laws), and requests of law enforcement, regulatory and other governmental agencies or if required to do so by court order;
- If, in the future, we sell or transfer, or we consider selling or transferring, some or all of our business, shares or assets to a third party, we will disclose your Personal Data to such third party (whether actual or potential) in connection with the foregoing events;
- In the event that we are acquired by, or merged with, a third party entity, or in the event of bankruptcy or a comparable event, we reserve the right to transfer, disclose or assign your Personal Data in connection with the foregoing events, including, in connection with, or during negotiations of, any merger, sale of company assets, consolidation or restructuring, financing, or acquisition of all or a portion of our business by or to another company; and/or
- Where you have provided your consent to us sharing or transferring your Personal Data (e.g., where you provide us with marketing consents or opt-in to optional additional services or functionality).
- ADDITIONAL INFORMATION REGARDING TRANSFERS OF PERSONAL DATA
- Storage: We store the Personal Data with the following storing companies: AWS with servers located in Oregon, USA.
- External transfers: Where we transfer your Personal Data outside of EU/EEA (for example to third parties who provide us with services), we will generally obtain contractual commitments from them to protect your Personal Data. When D-ID engages in such transfers of Personal Data, it relies on i) Adequacy Decisions as adopted by European Commission on the basis of Article 45 of Regulation (EU) 2016/679 (GDPR) (for example, when we access from Israel), or ii) Standard Contractual Clauses issued by the European Commission. D-ID also continually monitors the circumstances surrounding such transfers in order to ensure that these maintain, in practice, a level of protection that is essentially equivalent to the one guaranteed by the GDPR.
- YOUR PRIVACY RIGHTS. HOW TO DELETE YOUR ACCOUNT
- Rights: The following rights (which may be subject to certain exemptions or derogations) shall apply to certain individuals (some of which only apply to individuals protected by the GDPR):
- You have a right to access Personal Data held about you. Your right of access may normally be exercised free of charge, however we reserve the right to charge an appropriate administrative fee where permitted by applicable law;
- You have the right to request that we rectify any Personal Data we hold that is inaccurate or misleading;
- You have the right to request the erasure/deletion of your Personal Data (e.g. from our records). Please note that there may be circumstances in which we are required to retain your Personal Data, for example for the establishment, exercise or defense of legal claims;
- You have the right to object, to or to request restriction, of the processing;
- You have the right to data portability. This means that you may have the right to receive your Personal Data in a structured, commonly used and machine-readable format, and that you have the right to transmit that data to another controller;
- You have the right to object to profiling;
- You have the right to withdraw your consent at any time. Please note that there may be circumstances in which we are entitled to continue processing your data, in particular if the processing is required to meet our legal and regulatory obligations. Also, please note that the withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal;
- You also have a right to request certain details of the basis on which your Personal Data is transferred outside the European Economic Area, but data transfer agreements and/or other details may need to be partially redacted for reasons of commercial confidentiality;
- You have a right to lodge a complaint with your local data protection supervisory authority (i.e., your place of habitual residence, place or work or place of alleged infringement) at any time or before the relevant institutions in your place of residence. We ask that you please attempt to resolve any issues with us before you contact your local supervisory authority and/or relevant institution.
- You can exercise your rights by contacting us at firstname.lastname@example.org. You may use an authorized agent to submit a request on your behalf if you provide the authorized agent written permission signed by you. To protect your privacy, we may take steps to verify your identity before fulfilling your request. Subject to legal and other permissible considerations, we will make every reasonable effort to honor your request promptly in accordance with applicable law or inform you if we require further information in order to fulfil your request. When processing your request, we may ask you for additional information to confirm or verify your identity and for security purposes, before processing and/or honoring your request. We reserve the right to charge a fee where permitted by law, for instance if your request is manifestly unfounded or excessive. In the event that your request would adversely affect the rights and freedoms of others (for example, would impact the duty of confidentiality we owe to others) or if we are legally entitled to deal with your request in a different way than initial requested, we will address your request to the maximum extent possible, all in accordance with applicable law.
- Deleting your account: Should you ever decide to delete your account, you may do so over the D-ID Products or by emailing email@example.com. If you terminate your account, any association between your account and Personal Data we store will no longer be accessible through your account. However, given the nature of sharing on certain services, any public activity on your account prior to deletion will remain stored on our servers and will remain accessible to the public.
- USE BY CHILDREN. We do not offer our products or services for use by children and, therefore, we do not knowingly collect Personal Data from, and/or about children under the age of sixteen (16). If you are under the age of eighteen (13), do not provide any Personal Data to us without involvement of a parent or a guardian. If you believe that we might have any such information, please contact us at firstname.lastname@example.org.
- INTERACTION WITH THIRD PARTY PRODUCTS. We enable you to interact with third party websites, mobile software applications and products or services that are not owned or controlled by us (each a “Third Party Service”). We are not responsible for the privacy practices or the content of such Third Party Services. Please be aware that Third Party Services can collect Personal Data from you. Accordingly, we encourage you to read the terms and conditions and privacy policies of each Third Party Service.
- LOG FILES. We use log files. We use such information to analyze trends, administer the Software, track users’ movement around the Software, and gather demographic information.
- ANALYTIC TOOLS
- Firebase Analytics. We also use “Google Analytics for Firebase”. By enabling this tool, we enable the collection of data about Software Users, including via identifiers for mobile devices, cookies and similar technologies. We use the information we get from Google Analytics for Firebase to maintain and improve our App(s). We do not facilitate the merging of personally-identifiable information with non-personally identifiable information unless we have robust notice of, and your prior affirmative (i.e., opt-in) consent to, that merger. Finally, please note that Google Analytics for Firebase’s terms (available at https://firebase.google.com/terms/) shall also apply.
- Hubspot. Some Personal Data may be used on Hubspot, such as support tickets and contact details.
We reserve the right to remove or add new analytic tools.
- SPECIFIC PROVISION APPLICABLE UNDER CALIFORNIA PRIVACY LAWS
- Our California Do Not Track Notice: Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers.
- California Privacy Rights: California Civil Code Section 1798.83 permits our customers who are California residents to request certain information regarding our disclosure of Personal Data to third parties for their direct marketing purposes. To make such a request, please send an email to email@example.com. Please note that we are only required to respond to one request per customer each year.
- Deletion of Content from California Residents: If you are a California resident under the age of 18 and a registered user, California Business and Professions Code Section 22581 permits you to remove content or Personal Data you have publicly posted. If you wish to remove such content or Personal Data and you specify which content or Personal Data you wish to be removed, we will do so in accordance with applicable law. Please be aware that after removal you may not be able to restore removed content. In addition, such removal does not ensure complete or comprehensive removal of the content or Personal Data you have posted and that there may be circumstances in which the law does not require us to enable removal of content.
- CONTACT US. If you have any questions, concerns or complaints regarding our compliance with this notice and the data protection laws, or if you wish to exercise your rights, we encourage you to first contact us at firstname.lastname@example.org.
- Data controller: De-Identification Ltd. 84 Hachashmonaim St., Tel Aviv, Israel.