2. What Categories of Personal Data we collect about you

We collect and use the following categories of personal data about you, either directly from you or via third parties or other means:

Basic personal data:

Your name & surname, email address, profile photo that identifies you.

Personal data related to your device:

IP Addresses, your geographic location, your operating system, your browser, your browser language, data identifying your device.

The advertising ID for your device. You can reset the advertising ID at any time through your device settings.

Analytics data related to your access to and use of our service:

You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.

Tracking your actions when you receive an email from us.

Camera Access and Image Collection

When you use our app, we may request access to your device’s camera to allow you to capture and upload images for analysis. If you choose to use this feature, the images you provide will be processed as described in this policy.

Photo Library Access

When you use our app, we may request access to your device’s photo library to allow you to select images for analysis. If you choose to use this feature, the images you provide will be processed as described in this policy.

3. How we collect personal data

Personal data you voluntarily provide to us

• When you create an account
• When you fill out a form
• When you communicate with other members or communicate with us
• When you submit feedback or fill out a survey
• When you take a photo with the device camera to create a color palette
• When you select an image from your photo library to create a color palette
• When you share a color palette with others via a shareable link
• We store your images securely only when saving a photo and their color palette

Personal Data we collect automatically when you use and interact with our Website

When you use and interact with our Website, we automatically collect certain personal data from you via means such as third party analytics tools, including Google analytics.

Tools we use include, but not limited to: cookies, web beacons, social media plugins such as facebook 'Like' and 'Share' button, Twitter 'Share' button and Pinterest 'Pin' button.

For instance, Google Analytics enables us to automatically collect data about your device, your operating system, your device ID and your interaction with our Website.

To learn more about the tracking technologies we use, please review our Cookie Policy.

When you sign-in to our Apps with Google, we gather from that provider your basic profile information such as name, your profile photo

When you make an in-app purchase

Personal Data we collect from Third-Party Social Media Services

You may also have the option of sharing additional information with the Company through Your Third-Party Social Media Service's account. If You choose to provide such information and Personal Data, during registration or otherwise, You are giving the Company permission to use, share, and store it in a manner consistent with this Privacy Policy.

When you purchase our Services via the App Store, Google Play Store

If you log into our Services through a social media account (such as Google) we will collect your basic profile information such as your name, current profile picture

When you use in-app features such as Game Center we will collect information such as your user name.

4. How we Process Your Data

We process your personal data using various methods depending on the type of data and the purpose of processing. Below are the specific ways we process your data:

Image Processing and Color Extraction

When you capture or select an image for color palette extraction, we process your images through the following methods:

• On-Device Processing (Fast Mode): Images are processed locally on your device using built-in algorithms to extract color palettes. This data never leaves your device unless you choose to save the palette.
• Server-Side Processing (Boost Mode): Images are temporarily uploaded to our secure servers for analysis. Images are automatically deleted after processing. We only store your images and color palettes if you choose to save them.

Data Storage and Persistence

We process and store your data as follows:

• Temporary Processing: Images uploaded for analysis are temporarily stored on our servers during processing and automatically deleted after processing.
• Saved Palettes: When you choose to save a color palette, we store the image, extracted colors, and metadata on our secure servers to enable sharing and synchronization across devices.

Third-Party Processing

We use third-party services to enhance your experience:

• OpenAI Services: We send color hex codes (not images) to OpenAI to generate descriptive titles for your color palettes.
• Authentication Processing: Google Sign-In processes your basic profile information to create and manage your account.
• Analytics Processing: Anonymous usage data is processed through Google Analytics to improve app performance and user experience.

Processing Locations

Your data is processed in the following locations:

• On Your Device: Initial image analysis and color extraction (Fast Mode)
• Singapore: Primary data storage and processing servers
• United States: Third-party service processing (OpenAI, Google services)

Data Security During Processing

All data processing is secured through:

• SSL/TLS encryption during data transmission
• Encrypted storage on secure servers
• Automatic deletion of temporary processing files
• Access controls and authentication for all processing systems

4. Embedded Content

Content on this Website may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.

These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.

Google Web Fonts

For uniform representation of fonts and icons, this Website uses web fonts provided by Google. When you open a page, your browser loads the required web fonts into your browser cache to display texts and fonts correctly.

For this purpose your browser has to establish a direct connection to Google servers. Google thus becomes aware that our web page was accessed via your IP address. The use of Google Web fonts is done in the interest of a uniform and attractive presentation of our plugin. This constitutes a justified interest pursuant to Art. 6 (1) (f) DSGVO.

If your browser does not support web fonts, a standard font is used by your computer.

Further information about handling user data, can be found at https://developers.google.com/fonts/faq and in Google's privacy policy at https://www.google.com/policies/privacy/.

Other tracking technologies

For further information about cookies and other tracking technologies we use to collect and process your personal data, please visit our Cookie Policy page.

5. Legal Grounds we rely on to collect and use your Personal Data

We rely on the following legal grounds to process your personal data under the UK GDPR and EU GDPR.

• Your consent. You are able to remove your consent at any time.

  When you want to withdraw your consent to cookies and tracking technologies, you can do this by clicking on the consent banner and updating your preferences.

• Legal Obligation: When we are under a legal obligation to process your personal data such as disclosing your personal data to law enforcement.
• Legitimate Interests: Where your rights and freedoms do not overweigh our legitimate business interests in processing your personal data, we rely on legitimate interests to process your data

6. How we Use Your Personal Data

The Company may use Personal Data for the following purposes:

• To provide and maintain our Service, including to monitor the usage of our Service.
• To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
• For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.
• To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
• To provide You with newsletters, marketing, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information. You may opt-out of receiving any, or all, of these communications from us by following the unsubscribe link or the instructions provided in any email we send.
• To manage Your requests: To attend and manage Your requests to Us.
• For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred.
• Improving our products and services: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and Your experience.
• Monitoring activity on the Site: We may use Your information to identify potential fraudulent activity and to ensure compliance with our terms and agreement.
• We use the images you upload for the following purposes: To analyze the content and provide relevant responses based on the app’s functionality. To improve your user experience by delivering accurate insights.
• When you save a photo and color palette we store it on our servers to allow you to share it with others via a shareable link.

We may share Your personal information in the following situations:

• Our app utilises OpenAI’s services to process the hex color codes of the photos you upload. When you submit an image, it is temporarily sent to our servers for analysis. We do not send your photos to OpenAI. OpenAI processes these color codes in accordance with its own privacy policy, which you can review here: OpenAI Privacy Policy.
• With third party providers. When you use our Services, you might also use third party services, such as Google. We do not control how they interact with you and you should ensure that you consent to the terms of use and privacy policies offered by the third party services before providing them with your information. You acknowledge that we are not liable when third party services use information you provide to them. We encourage you to be careful about the protection of your own personal information when using third party services such as social media platforms. We also work with certain business providers, and advertising partners, and information collected from you may be shared through these partnerships. Some of our business partners are outside Australia. Below is a list of some, but not all, business partners that we actively share user information and site usage data with:
  • Admob (Google). Located in United States. Read their Privacy Policy
  • Google for Social Login. Located in United States. Read their Privacy Policy
  • OpenAI for Palette title creation. Located in United States. Read their Privacy Policy

7. Retention of Your Personal Data

Where we store your personal data: We store Your Personal Data on secure servers based in Australia and the US.

How long we retain your personal Data: The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy.

We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.

How we dispose of your Personal Data: We may use any of the following methods to erase personal data:

• Erasure
• Overwriting data
• Delete/Reformat

Granting or Revoking Camera Access/Photo Library Access – You can enable or disable camera access at any time through your device settings. However, disabling camera access may limit certain app features. Consent to Image Processing – By using the image analysis feature, you consent to your images being processed by our servers as described above.

You can delete your photos and color palettes from our servers at any time by going into your account settings.

Automatic Data Removal for Inactive Accounts

To maintain data security and comply with data minimization principles, we automatically review user accounts for activity. If your account remains inactive (no login or app usage) for a continuous period of 90 days, we will automatically delete your account and all associated personal data, including:

• Saved photos and color palettes
• Account profile information
• Usage history and preferences
• Any shared palette links (which will become inactive)

Important: We will send email notifications to your registered email address at 60 days and 80 days of inactivity to warn you about the upcoming deletion. Simply logging into your account or using the app will reset the inactivity timer and prevent automatic deletion.

If you wish to keep your account but will be inactive for an extended period, please contact us at privacy@rialitycheck.com to discuss options for preserving your data.

8. Transfer of Your Personal Data

Your information, including Personal Data, is processed at the Company's operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.

Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.

The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.

9. Disclosure of Your Personal Data to Entities Outside Australia

To maintain our business operations, we rely on cloud-based servers and other information technology services such as data storage and email services provided by third parties.

We and our third-party service providers may store your personal data in third countries outside of Australia, including in the United States of America.

When your personal data is transferred across borders, we take all appropriate measures to protect your data against unauthorized disclosure, use and destruction of your data.

By accessing our Website and using our Services, you consent to your personal data being transferred to third countries and being disclosed to foreign entities.

10. Disclosure of Your Personal Data

Business Transactions

If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.

Law enforcement

Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Following the law and protecting Swatchly: We may access and disclose Your information and contents of messages to government entities and other authorised third parties to comply with laws, detect and prevent fraud, spam, abuse, security and safety incidents and other harmful activities.

Other legal requirements

The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:

• Comply with a legal obligation
• Protect and defend the rights or property of the Company
• Prevent or investigate possible wrongdoing in connection with the Service
• Protect the personal safety of Users of the Service or the public
• Protect against legal liability

11. Security of Your Personal Data

We take all commercially reasonable measures to make sure that your personal data is safe against unauthorized access, use and destruction.

What security measures do we implement?

• To minimize risks to your personal data, we only collect data that is reasonably necessary to achieve specific purposes.
• When you access your account information, we use a Secure Socket Layer (SSL) encryption which encrypts your information before it is transmitted to us to protect it from unauthorized use.
• We take all necessary contractual- organizational and technical measures to ensure that third parties that access your personal data implement necessary security measures to protect your data.

12. Data Subject Rights

You can exercise the following rights:

• Right of Access: You may request to see and obtain copies of the personal data we have about you and whether we process your data;
• Right to Rectification: You may request that we correct any inaccuracies in the personal data that we have about you;
• Right to Erasure of your Data: Subject to some conditions, you may (unless other grounds set forth in the law applies) choose to exercise your right to be forgotten;
• Right to be Informed: You have the right to be informed about what personal data we collect from you, how we store, use and erase it.
• Right to Restriction: You may request to restrict the processing of your data on the grounds that there is some disagreement about its accuracy or objections against its legitimate usage – i.e. requesting that we do not process your personal data for direct marketing purposes. We can do this by keeping a single record of your data on a suppression list;
• Right to Object: You may raise objections to our processing of your personal data if we are relying on legitimate interest as the lawful ground for data processing; and
• Right to Data Portability: If applicable, you may ask for your personal data to be transferred to another organization.

13. How to Exercise Your Legal Rights

If you wish to exercise your legal rights under the applicable laws, you should resort to one of the following ways:

• Application by post
• Application via email

When you make a request to exercise your legal rights, you should include the following information alongside your request:

• Provide us with your name & surname and username to help us identify you
• Describe your request in detail.
• Provide us with your contact details

Be noted that we will email you to verify the authenticity of your request to exercise your rights.

We reserve the right to ask for any additional information to verify your identity before satisfying your request.

We aim to respond to your request to exercise your legal rights within the time periods set by relevant applicable laws.

14. Your Right to File a Complaint

If you have any concerns about our use of your personal information, you can make a complaint to us at [Your contact details here]

If you reside in Australia, you can file a complaint with:

You can send your complaint to us either by:

• email, send it to enquiries@oaic.gov.au (be aware that email isn't encrypted, if you're concerned about this use our online form which is secure)
• mail, send it to GPO Box 5218, Sydney NSW 2001 (send it by registered mail if you're concerned about sending it by standard post)
• fax, send it to 02 9284 9666

If you have any questions about the personal information we collect when you lodge a complaint and how we handle it, please read our privacy policy or phone our Enquiries Line (1300 363 992).

For EU & UK users:

If you are located in the EU or the UK, you can file a complaint with the Data protection Authority that you are subject to.

For example, if you are in the UK, you can contact the ICO via following ways:

The ICO's address:

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Helpline number: 0303 123 1113

ICO website: https://www.ico.org.uk

For country specific complaint processes, please check the websites of the competent Data Protection Authorities.

15. Minors

Our Service does not address anyone under the age of 18. We do not knowingly collect personally identifiable information from anyone under the age of 18.

16. How you can access Your Personal Data

You can access Your Personal Data by logging into our Service and selecting My Account. You also have the right to request all of Your Personal Data that we store or cancel your account at any time. To make a request simply Contact Us or email privacy@rialitycheck.com However there are some limitations to these rights in certain situations such as: If there is a legal requirement to process Your Personal Data, we may be required to hold onto Your Personal Data even though you have requested that Your Personal Data be removed.

17. Links to Other Websites

Our Service may contain links to other websites that are not operated by Us. For example if a User posts a link to a third party site as part of their plan, if You click on a third party link, You will be directed to that third party’s site. We strongly advise You to review the Privacy Policy of every site You visit We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

18. Changes to this Privacy Policy

We may update Our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page. We will let You know via email and/or a prominent notice on Our Service, prior to the change becoming effective and update the “Last updated” date at the top of this Privacy Policy. You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.