Privacy Policy

Last updated: September 16, 2023

Our mission is to provide easy access to people create art. When you use our services, you’re entrusting us with your information, and we understand this is a big responsibility. The purpose of this Privacy Policy is to help you understand what information we collect, why we collect it, how we use it, and what choices you have. By using our website, mobile applications, or interacting with us otherwise, you are accepting and consenting to the practices described in this Privacy Policy. If you have any questions, you can always email us at service@ohmygogh.com

Information we collect

Categories and types of information you share with us or give us permission to obtain when you create an account we collect the information you provide us through text fields, including contact and other identifying information such as your first and last name, email address, username, password and profile photo. We use all of this to securely set up your account and provide our services to you.

With your permission (on download or within one of our apps), we may access and store your device's contact list to help you find your friends on OhMyGogh, invite them to OhMyGogh, or to share your content with them.

We may also collect information about others if you use OhMyGogh to upload, share or distribute content that contains information about them, including their name, image, and contact information. With your prior explicit consent, we may also collect information about others from third party platforms such as social media sites, for example when you log in to OhMyGogh using the login information of other social media sites.

If you create an account to use our services through Apple or Google, with your permission, we collect information from those accounts (like your email and public profile information) to authenticate you within our services

How we use the information we collect, and legal bases for use

A :To fulfill a contract, or take steps linked to a contract, including:

Receive, process, and confirm your subscription or registration, and communicate with you about your account.

Allow you to sign in to your account.

Verify your identity.

B :As required to conduct our business and pursue our legitimate business interests, in particular:

Provide you with our services, and display content you create and post on our services and social media
Help you when you make customer service requests.
Protect OhMyGogh, our services, and community.
Prevent fraud, abuse, and other misconduct on OhMyGogh.
Help us diagnose technical and service problems and administer our app.
Conduct research and development to improve OhMyGogh and develop future products.
Understand how you use the service, to create a better experience for you and other users. This includes making inferences, like what content you may be interested in, based on how you use the service. For example, if you frequently use Salvador Dali art style, we may infer you have preference for that art style over others.

C :When required, with your consent or to pursue our legitimate business interests:

Market OhMyGogh services and deliver targeted advertising to you, unless you opt out, as controlled by your settings, email and privacy preferences.

D :For legal reasons:

Verify your identity to comply with law.

How and when we share your information

We share your information with:
At your direction, services like Facebook or Instagram so that you can link your OhMyGogh account and publish content to those services.

Service providers we use to process information on our behalf, for the purposes we describe in this Privacy Policy. For example, we may contract with businesses for web hosting and maintenance, security and spam detection, data storage, and analytics and advertising (both described further below). We only engage businesses we believe are trustworthy and who have confirmed their privacy practices are consistent with ours, and we only provide the information necessary for them to perform these services on our behalf. Each service provider must agree to use reasonable security procedures and practices, appropriate to the nature of the information involved, in order to protect your information from unauthorized access, use, or disclosure. Service providers may only use your personal information in ways we specify.

Ad networks and other ad serving providers (collectively, our “Ad Network”) that serve ads on behalf of others on our platform. These practices are described below in “Interest-based advertising.”

Gove,rnment and law enforcement bodies. We share information when we believe that disclosure is reasonably necessary or appropriate to comply with law, regulation, or legal request; to protect the safety, property, or rights of the public, OhMyGogh, or any third party; or to detect, prevent, or stop any illegal, unethical, or legally actionable activity.

Our subsidiaries and affiliates. We share your personal data with our subsidiaries in order to provide our services to you. We require that our subsidiaries protect your personal information consistent with this privacy policy. If we were to engage in a merger, acquisition, bankruptcy, or other transaction that involves the transfer of the information described in this Privacy Policy, we may share your information with the parties involved in that transaction.

Analytics services

We use third-party analytics service providers such as Google Analytics, Google’s Crashlytics and Firebase services.

Your options

If you have registered for an account, you can access, review, and update your personal information by logging into your account on the OhMyGogh app and going to your profile.

On your iOS or Android device you can open the Settings app to change the camera, photos, and other permissions you grant OhMyGogh.

Our policy on children's information

You are not allowed to use our services if you are under the age of 13, and our services are not directed at children under the age of 13. You must also be old enough to consent to the processing of your personal data in your country. If we become aware that we have received personal Information from a person under the age of 13, we will delete this information and terminate the person’s account

Our biometric policy

When you use OhMyGogh tools and apply effects to, or generate images of, your face, you understand and agree that OhMyGogh may use facial geometry or other facial data to produce the image or effect you request. We refer to this as “biometric data.” Our technology uses this biometric data to provide the applicable services to you and to improve OhMyGogh. We never use this biometric data to identify any individual person or for authentication purposes.

We only collect, use and store your biometric data in accordance with this Privacy Policy. In addition, we will only disclose your biometric data in accordance with the section above entitled “How and when we share your information” and, where required by applicable law, you consent to such disclosure. We will not sell, lease, trade, or otherwise profit from your biometric data.

We store your biometric data using a reasonable standard of care and in a manner that is the same or exceeds the standards used to protect other confidential and sensitive information we may hold.

We will destroy your biometric data upon the earliest of: (a) the date when our purpose for collecting or obtaining your biometric data has been satisfied, (b) termination of your OhMyGogh account, or (c) within 3 years of the date your account becomes inactive. We may, however, retain your biometric data for a longer period of time if required by law or required by valid legal subpoena. We have established the following guidelines for permanently destroying biometric information, subject to the retention period in the prior sentence: as appropriate and applicable, OhMyGogh will permanently destroy your biometric information by deleting or otherwise removing such information from our records in line with industry best practices at the time of the destruction or as otherwise directed by applicable law.

International transfer

We operate worldwide, and we may move, process, and store your data in the United States and any other country where we operate, which may be outside the country where you live. Not all data protection laws are the same. Some countries where we transfer personal data may allow government authorities greater access than your country does.
See the section for EU and UK residents below to learn more about data transfers to and from that region.

European Union and UK residents

If you reside in the UK or another member state of the European Union, you have certain rights under EU data protection legislation. You can ask us to:
Confirm we process your personal data, and ask what personal data we have about you.
Change or fix your data
Delete your data.
Stop using some or all of your data if we have no legal right to keep using it.
Give you a copy of personal data you provided to us, in machine readable format.
If you wish to exercise any of these rights, please email us at service@ohmygogh.com . You are not required to pay any charge for exercising your rights. If you make a request, we have one month to respond to you. If you think we haven’t complied with data protection laws, you also have a right to file a complaint with your local data protection authority.
To verify your identity when you make a request, you must provide us with your email address and respond to an email verification request. We will match that information to the information we have in our systems.

Because OhMyGogh is a worldwide service, we may transfer the personal data of EU residents to a country outside of the EU and the UK. When we do, we do so under the EU’s model contracts for the transfer of personal data to third countries (known as "standard contractual clauses").

When you register for an account, we process and retain most personal information we have about you for as long as you are a user of our services. When you close your account, we begin deleting certain personal information that we no longer have a business reason to retain. We may be required to retain certain information about you, such as when there is a legal requirement to do so.

Residents of Certain US States

If you are a resident of California, Colorado, Connecticut, Utah or Virginia, you may have the following rights under the applicable privacy laws in your state ("State Privacy Laws"):

You have the right to know what personal information we have collected about you, including sources, purpose of collection, and third parties we have shared it with.

You can ask us to delete your personal information.

You can ask us not to share or sell your information with any third party.

If you wish to exercise any of these rights, you can email us at service@ohmygogh.com to submit your request. You must use "Request to Know Information", "Right to Know Categories," "Right to Delete," or "Right on Opt out of Sale/Sharing" or "Right to Correct Information" in the subject line of your email, as appropriate. For requests to know, delete and correct, you must provide us with your first name, last name, and the email address you used when you created your OhMyGogh account, if applicable. Each request must be sent separately.

To fulfill your requests, we must be able to verify your identity in our systems against the identity you provide. You’ll need to provide us with your email address and respond to an email verification request, so we can match that information to the information we have in our systems.

We will process your request in an efficient manner, but we may not be able to delete your personal information (i) if we have to complete an ongoing transaction with you, (ii) if we detect or need to address a data security incident, if we need to preserve the integrity or security of our systems, or if we need to investigate, report or prosecute those responsible for any such action, (iii) in order to correct or repair an error, (iv) in order to protect against harassment or malicious, deceptive, fraudulent or illegal activity, (v) in order to comply with a legal requirement or to assist another party with any of its legal obligations under applicable privacy laws, or (vi) if we need it for other legitimate purposes, such as if we use it internally in a lawful manner to improve our services or to communicate with you about your account. We will also maintain a record of your requests. If we delete your personal information, many of our services will not work the same for you. For example, your previous opt-out requests will not be saved, your account will be deleted, any edited photos, videos, or other media will be deleted, and saved preferences and information will no longer be available.

Do Not Sell or Share/Use My Personal Information for Targeted Advertising

Residents in states with State Privacy Laws can opt-out of both sales of their personal information and the use of their information for targeted advertising (known as “sharing” in California). “Sale” includes most circumstances in which a business makes personal information available to a third party for monetary or other valuable consideration. In California “sharing” includes circumstances in which a business makes personal information available to a third party specifically for the purpose of cross-context behavioral advertising (also known as retargeting or interest-based advertising across platforms), even if no money is exchanged. Thus, when we use the term “share” under this section, we are using it in the narrow meaning of how it is defined under California law. Other State Privacy Laws do not use the term “share,” but describe the activity as using personal information for targeted advertising.

Sensitive Personal Information

We do not collect or process Sensitive Personal Information, as defined by California Law, for inferring characteristics or use or disclose Sensitive Personal Information for purposes other than those permitted by law. In addition, we do not “sell” or “share” Sensitive Personal Information, as “sell” and “share” are defined above in the “Do Not Sell or Share/Use My Personal Information for Targeted Advertising” section.

Retention

We will store your personal information for as long as is reasonably necessary to fulfill the purposes described in this Privacy Policy or as required by law.

How we make changes to this policy

We may change this Privacy Policy from time to time to reflect our current practices and ensure compliance with applicable laws, so please check back frequently for changes. The most current version will always be at www.ohmygogh.com/privacy. If we make material changes, we may notify you through other methods as required by law, such as at www.ohmygogh.com, in our mobile applications, by sending email to the email address associated with your account, or by push notifications to your device if you’ve enabled them. If you continue to use OhMyGogh after those changes are in effect, you agree to the new policy.

Contact us

If you have thoughts or questions about this privacy policy, contact our privacy team, including our data protection officer, by sending an email to service@ohmygogh.com