LoviaAI PRIVACY POLICY V1.0.0

Release Time November 25, 2024
1.Welcome!

At LoviaAI, we take your privacy seriously, and we understand that you do too. This Privacy Policy ("Policy") outlines how we handle the collection, use, and sharing of your personal information, details about your rights and choices, as well as other important information regarding our handling of your personal data.
 

2.Scope of This Policy

This Policy applies to your ("you") use of the LoviaAI website (the "Website"), including all content (as defined in the Terms of Use) accessible through the Website, the LoviaAI mobile application for customers available via the Apple App Store or Google Play Marketplace (the "App(s)"), and any associated content such as email notifications, app feeds, or other services provided by LoviaAI (collectively referred to as the "Service").
 

PLEASE NOTE: BEFORE YOU ACCESS OR USE THE SERVICE, PLEASE READ THIS PRIVACY POLICY CAREFULLY. BY ACCESSING OR USING THE SERVICE, YOU ARE AGREEING TO ALL TERMS OF THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS POLICY, PLEASE DO NOT ACCESS OR USE THE SERVICE.
 

You acknowledge the following: (a) that you have read and fully understood this Privacy Policy; (b) that you agree to the collection, use, and sharing of your personal data as described in this Policy; and (c) by agreeing to this Privacy Policy, you consent to receiving notifications about security-related incidents to the email address we have on record for you.
 

Additionally, your use of our Service is governed by our Terms of Use.

We encourage you to review the Privacy Policy each time you use our Service. By continuing to use the Service, you consent to the most up-to-date version of this Privacy Policy. If we make significant changes, we will notify you (if applicable) through notices within the Service. Continuing your use of the Service constitutes your acknowledgment of the revised policy.

3.How to Reach Us

For General Inquiries: [feedback@loviaai.com]

For Regional Data Rights: [feedback@loviaai.com]

Alternatively, you can visit our [Contact Us page] for more details.
 

4.Age Requirements

While we aim to offer the ultimate AI crush experience to as many people as possible, users must be at least 18 years old to access LoviaAI.

LoviaAI does not knowingly collect personal information from or market to children, minors, or anyone under the age of 18. If we learn that someone under 18 has registered or provided us with personal data, we will take immediate action to cancel their registration and delete any such information if required by law.

5.Collection of Personal Information

Personal Information We Collect

In order to provide our Service, we may collect and use information that qualifies as personal information under relevant privacy laws ("Personal Information"). The following categories of Personal Information may be collected and used (note that these are examples, and specific elements of Personal Information may change):
 

Audio/Visual Data

Video or image files and recordings, including avatar images, character photos, voicemails, and other types of audio recordings.
 

Contact Information

Data such as your email address, physical address, or phone number, used to communicate with you.
 

Device/Network Data
Personal information related to your device and browser, including device identifiers, IP addresses, cookie identifiers, session history, and other metadata generated during your navigation of the Service.
 

Financial Information
Data like bank account details or payment card information and any related details from financial transactions.

General Location Data: Non-precise location data, such as information derived from IP addresses.
 

Health Information
Data related to your health condition.
 

Identity Information
Details such as your name, gender, ethnicity, date of birth, age or age range, account login credentials, or other account identifiers/usernames.
 

Inference Data
Personal information we create or use to build a profile based on your preferences, characteristics, abilities, market segments, likes, favorites, or interests.
 

Transaction Information
Details about the transactions you make through our website, such as paid subscriptions, bonuses, and similar activities.
 

User Content
Personal information contained in content provided by users in free-form or unstructured formats, such as AI chat sessions, character designs, messages in "contact us" forms, or any other free text field, document, file, or message sent to us.
 

Consumer Health Data:

Personal information that is linked or reasonably linkable to an individual and identifies their past, present, or future physical or mental health status, as defined under the Washington My Health My Data Act and other Consumer Health Data Privacy laws.
 

How We Gather Your Personal Information

We collect personal information from different sources, depending on the context in which it will be used:
 

Data we collect directly from you
We obtain your personal information when you create a user profile, design a character, chat with a character, or contact us directly.
 

Automatically collected data
As you use our service, access it, or open our communications, we may automatically gather some data, such as device and network information, via cookies and similar technologies.
 

Data we receive from service providers
We obtain personal information from third-party providers who assist LoviaAI in delivering our services.
 

Data from social media platforms
When you log in via social media accounts or interact with platforms such as TikTok, Reddit, or Discord in relation to our service, we may receive personal data from these platforms.
 

Data we infer or create
We, along with certain partners and third parties, may create inferred data based on analyzing or observing other personal information, and combine this inferred data with other information we already have about you.
 

Applicable Law

We are committed to safeguarding your personal information, and the rights you are entitled to are in accordance with the relevant laws.For the purposes of this Policy, the applicable laws are:
 

•The Data Protection Act 2018 and the Privacy and Electronic Communications (EC Directive) Regulations 2013

•The General Data Protection Regulation (EU Regulation 2016/679), or "GDPR," until it is no longer applicable in the UK
 

•Any UK laws that implement or adopt the GDPR, along with any other relevant data protection laws and regulations.

As an international business, we recognize that some of our users reside outside of England and Wales. In some cases, local laws may provide additional rights to users regarding their personal data. We believe the rights outlined in this policy also provide such protections for our international customers. If you have any questions, feel free to email our Data Protection Officer at feedback@loviaai.com.

6.How We Utilize Personal Information

Website

General Usage

When you visit our website, we collect a variety of information, including device/network data, inferred data, audio/visual data (including consumer health data), contact information, identity details, financial data, transaction history, user content, and approximate location data. Additionally, you may choose to register an account, create and interact with characters, contact our support, browse our blog or other content, and complete transactions.
 

We use this personal information to ensure the seamless operation of our service, including tasks such as keeping you logged in, performing age checks, loading pages, providing character chats, filtering content, etc. These actions are taken to fulfill our business objectives and other legitimate interests, such as:
 

Securing our website and associated technology systems;

Analyzing how our service is used, such as navigation patterns and clicks, to better understand user needs and improve the service.
 

We may also leverage this data for commercial purposes.
 

Cookies and Similar Tracking Technologies

As you use our service, we automatically collect device/network data, contact details, identity information, inferred data, transaction records, user content, and approximate location information through cookies and similar technologies.
 

Both we and authorized third parties may utilize these technologies for several reasons:

•For “essential” operational needs, such as maintaining user sessions, content delivery, and similar functions;

•For “functional” purposes, to enable certain features of our service (e.g., allowing users to stay logged in);

•For “analytical” purposes, to assess traffic and usage patterns, helping us enhance the service (e.g., tracking how users navigate through the service, how long they stay on specific pages, etc., to improve user experience);

•For “retargeting” and online advertising or other marketing purposes, using inferred data or similar information to serve more relevant ads to you.

We may also use this information for our business endeavors.

Google Analytics and Google Tag Manager

In order to gain deeper insights into who is using our service and how it’s being used, we utilize Google Analytics and Google Tag Manager for remarketing and behavioral targeting. Google Analytics collects data through cookies, which includes information such as pages visited, click locations, time spent on pages, IP addresses, device types, operating systems, language preferences, location data, device IDs, search traffic, and demographic information like gender and age. Google and other third parties may use cookies, pixels, web beacons, and similar technologies to gather information from our service and other websites, using that data for targeting ads and providing measurement services. Google may track your activities across different sites. For more details, please refer to Google Analytics Privacy Disclosure Policy. If you are logged into Google, you can opt out of personalized ad targeting in the “Data & Personalization” section of your Google account settings.

Google Tag Manager is a system that facilitates the centralized management and updating of measurement tags and associated codes across our website and mobile applications. These updates help us enhance the service and serve additional purposes as detailed in this Policy. Google Tag Manager may collect data related to tag activations, standard HTTP request logs, and online identifiers such as cookie IDs and IP addresses. For information on how to opt out of Google Analytics, visit: Google Analytics Opt-Out.
 

We may also collaborate with third-party advertising companies to assist in delivering targeted online ads. For details on how to opt out of cookies and similar technologies or online advertising, refer to the "Your Rights & Choices" section.

Mobile Application

When using our mobile app, we may collect Device/Network Data, Inference Data, Audio/Visual Data (including Consumer Health Data), Contact Data, Identity Data, Financial Data, Transaction Data, User Content, and General Location Data.
 

This personal information is collected and used to operate the mobile app, support our business objectives, and serve other legitimate purposes, such as:
 

Enhancing the display and functionality of the app on your device;

Enabling communication with AI characters;

Allowing for character creation, interaction, and experience;

Granting access to your account.
 

We may also use this information for commercial purposes.

Account Registration

When you register and create an account, we collect Identity Data, Contact Data, Inference Data, and User Content. If you upload an avatar, we also collect Audio/Visual Data. If you associate payment information, we collect Financial Data.
 

This information is used to set up and maintain your account, fulfill the products and services you request, and support our business objectives. We may use Identity Data, Inference Data, and Contact Data for commercial purposes. Please note that we do not sell or "share" Financial Data, nor do we use it for business purposes prohibited by applicable laws.

Character Creation

When you create a character through the Service, we collect Audio/Visual Data, User Content, and any Personal Information contained within the User Content.
 

This Personal Information is used to create and maintain your character, train your character to generate content, and, if desired, allow others to discover your character. Additionally, we may utilize User Content to train AI models and for our business purposes.
 

Chats

When you engage in a chat with a character through the Service, we collect Inference Data, Device/Network Data, User Content, and any Personal Information within the User Content. If Consumer Health Data is included in the User Content shared with a character, we will also use this data.
 

This Personal Information is used to enhance your chat experience, monitor chats for safety and appropriateness, and for our business purposes. We may use User Content from character chats to train AI models.
 

Purchases and Transactions

When you make a purchase or engage in other transactions, we collect Transaction Data, Identity Data, Financial Data, Inference Data, and Contact Data. Your Financial Data is not stored permanently by us.

We utilize this Personal Information to carry out or initiate the transaction, process your order, payment, or refund, handle fulfillment and delivery, document the transaction, and for our Business Purposes.

Identity Data, Transaction Data, Contact Data, and Device/Network Data may also be used for Commercial Purposes. We do not sell or "share" Payment Data or Health Data, nor do we use it for Business Purposes that are not permitted by applicable law.
 

The Blog

We collect Device/Network Data and Inference Data when you visit our blog. Contact Data, Identity Data, Device/Network Data, and Inference Data are also used for marketing emails, push notifications, and similar communications, especially when you interact with or open these communications. You may receive marketing communications in accordance with applicable laws.
 

Contact Us

When you reach out to us through the Service via a contact form, phone, or email, we gather Contact Data, Device/Network Data, User Content, and any Personal Information within the User Content. This information is used to communicate with you about your request and related issues. We may also use this data for our Business Purposes.
 

Posts and Social Media

We collect Identity Data, Contact Data, and User Content that you post or interact with on social media platforms like TikTok, Reddit, Discord, Twitter, and Telegram.

This information is used for both our Business and Commercial Purposes.

Posts may be publicly accessible or reposted within our Service. The content you share could be made publicly available when posted on our Service or, in some cases, when you mention, engage with, or tag our official social media accounts on social media platforms.

7.Purpose of Use

Business Purposes

Beyond the uses outlined above, we generally utilize Personal Information for various common business purposes (referred to as “Business Purposes”). Below are the specific purposes for which we may use your Personal Information.
 

Service Operation and Obligation Fulfillment

We use Personal Information as required to provide our Service and fulfill our obligations to you, such as delivering the information, features, and services you request.
 

Internal Processes and Service Enhancement

Personal Information processed through our Service may be used for training our models, understanding Service usage or functionality, customer service, log and metadata creation and analysis related to Service usage, and ensuring the Service's security and stability. We also use this information to determine which aspects of our Service are most relevant to users, how users engage with different parts of the Service, and how the Service performs or fails to perform. Additionally, we analyze Service usage to detect potential security risks to the Service or its users.
 

Analytics

Personal Information is used as needed in connection with our creation of analytics about how the Service is used, what pages and content users view, and to create reports on Service usage and performance as well as other similar data and metrics.
 

Compliance, Safety, & Public Interest

Please note that, as required or permitted by law, we may use your Personal Information for purposes deemed necessary in the public interest or required by law, without your consent or further notice. For instance, we may use your data to fulfill our legal obligations, protect individuals' vital interests, or for other purposes in the public interest or as mandated by a public authority. For more information on how we disclose Personal Information in exceptional circumstances, please refer to the data sharing section.
 

Corporate Events

Your Personal Information may be used or shared during routine corporate operations or business transitions such as mergers, acquisitions, liquidations, or asset sales.
 

Other Uses of Personal Information

If we utilize your Personal Information in a way not described in this Policy, this Policy will still apply in general (e.g., regarding your rights and choices), unless otherwise specified when you provide it.

Commercial Purposes

Both we and certain third parties use Personal Information to advance our commercial or economic interests ("Commercial Purposes"), depending on the context of data collection and your rights and choices.
 

Online Marketing

We may engage in online advertising on our platform ("Online Advertising") to boost engagement and help more people discover the ultimate AI relationship experience. This advertising involves various parties and service providers, including third-party data controllers, who use Personal Information to deliver and personalize the ads you see.
 

These parties may gather Personal Information such as unique identifiers, IP addresses, device details, OS/browser types, and similar data, along with information about the ads you view, in order to build and evaluate a profile to deliver more relevant ads and offers. They will assess whether the ads you see are effective, track whether and how often you engage with them, and whether you make a purchase related to the goods or services shown in the ads. These third parties may also combine this profile with demographic and other preference data, and may be able to identify you across different sites, devices, and over time. You can manage how these third parties use your data and the ads you encounter on these platforms, using the tools detailed in the "Your Rights and Choices" section below.

For details on the specific providers we use for these services, please contact us.
 

Marketing Communications

We may send you marketing and promotional messages in accordance with applicable laws. These communications may be personalized based on your user profile.

8.Data Sharing

The information we collect may be shared with various parties depending on the purpose and context in which it was provided. Generally, we transfer data to the categories of recipients listed below or in relation to Business Purposes.

Vendors and Service Providers

As part of our business operations, service improvements, enabling specific features, and other legitimate business interests, we may share Personal Information with vendors, service providers, and subprocessors who deliver services or process data on our behalf. For instance, we work with third-party hosting providers to manage our Service or Content, and we may disclose information in the course of internal operations such as security procedures or internal research.
 

Corporate Events

Should we go through a business transition such as a merger, acquisition, liquidation, or sale of all or part of our assets, your Personal Information may be shared with third parties. For example, Personal Information could be transferred as part of the assets, or disclosed (subject to confidentiality agreements) during due diligence for a potential transaction.
 

Affiliates

To streamline our business processes and enhance services that cater to the interests and needs of our customers, we may share your Personal Information with any of our current or future affiliated companies, subsidiaries, and parent companies.
 

Legal Disclosures

In certain limited circumstances, we may, without notice or your consent, access and disclose your Personal Information, our correspondence with you, and other related information if we believe such disclosure is legally required. This could be to prevent or address a crime, investigate violations of our Terms of Use, or in the interest of us or any other person. At our sole discretion, we may, but are not obligated to, object to such disclosures of your Personal Information to these parties.

9.Your Rights & Choices

Your Rights

Depending on applicable laws, you may have certain rights concerning your Personal Information. These rights vary based on your location and the country you reside in, and may be subject to our own rights related to your Personal Information. If you wish to exercise any of these rights, you can contact us at feedback@loviaai.com.
 

Note
We can only process requests concerning Personal Information that we control or use. For information controlled by third parties, we do not have access or control, so please reach out to the third party directly to exercise your rights regarding such data.
 

Verification Requirements

Any rights requests we receive must be verified to confirm that the requestor is authorized to make such a request, helping prevent fraud and ensuring the security of your Personal Information. For instance, we may require you to confirm that you have access to the email address we have on file. If an agent is submitting a request on your behalf, we reserve the right to verify the agent's authority to act on your behalf.
 

Your Choices

Depending on applicable law, you may have the following choices regarding how we use your Personal Information:
 

Changing Your Information

If you wish to update your information, please contact us at feedback@loviaai.com.
 

Closing Your Account

If the email address associated with your account is inactive, we may remove it from our system without notifying you. If you'd like to close your account, please send a request to feedback@loviaai.com.
 

Withdrawing Consent

If you have previously consented to our use of your Personal Information, you can withdraw your consent at any time. In cases where consent is required for critical aspects of our service, withdrawing consent may require you to close your account.
 

Email Marketing

You have the right to opt out of receiving email marketing communications. You can do so by using the links provided in our communications.

Cookies & Similar Technologies

If you do not wish to have your information collected through cookies or similar technologies, you can manage or deny cookies and other technologies using your browser’s settings. For certain third-party services, you must opt out directly with the third party. For instance, to opt out of Google’s analytics and marketing services, visit Google Analytics Terms of use, Google Privacy Policy, or the Google Analytics Opt-Out page.

Do-Not-Track Feature

Some browsers or devices offer a “Do Not Track” option, which lets you inform website and app operators that you don’t want them to track certain activities across multiple sites or applications. Our service does not currently support this feature, meaning that both we and our third-party partners may continue collecting data on your online behavior during and after your interactions with the Service.

10.Security

We employ commercially reasonable security protocols to safeguard your personal information from unauthorized access or use. Although we make every effort to secure our service and your personal data from unauthorized access, alterations, and disclosure, we cannot provide an absolute guarantee that the information, whether in transit or stored in our systems, will be completely protected from potential breaches.

11.Data Retention

We retain personal information only for as long as necessary to fulfill the purposes outlined in this policy, or as mandated by law. The length of time we retain data depends on the context and purpose of its usage. When determining retention periods, we typically consider the following factors (but not limited to):

•Legal requirements for data retention periods;

•Established industry standards and best practices;

•Whether the data is still needed to serve its original purpose;

•Privacy risks associated with prolonged use;

•Results from data protection impact assessments;

•Limitations or considerations related to IT system design;

•Costs involved in retaining, using, or deleting the data.

We periodically review our data retention practices and may anon

12. Links to Third-Party Websites or Applications

This privacy policy is solely applicable to our Service. Our platform may include links to external websites or applications, or may direct users to third-party websites and apps that we do not operate or control, and such sites or apps are not governed by this policy. The presence of links in our Service does not imply endorsement or review of these third-party sites and apps. We are not responsible for the content or privacy practices of these external sites or applications. We recommend reaching out to the third-party operators for information regarding their privacy policies. That being said, we are committed to maintaining the integrity of our Service and welcome any feedback related to these external sites and applications.
 

13. International Data Transfers

Our operations involve the use of service providers based in the United States and China. If you are located outside the U.S. or China, your personal data may be transferred to and processed in these countries. Please be aware that these countries may not provide the same level of legal protection for personal data as your home country.
 

14. Changes to Our Policy

We reserve the right to modify this policy periodically. To stay informed about any updates, please revisit this page regularly. Continued use of our Service after changes are posted constitutes your acceptance of the new terms. Unless explicitly stated otherwise, any new features or additions to our Service will be governed by this policy.
 

15. Regional Data Rights

Your Nevada Privacy Rights

Under Nevada law (NRS 603A.300 et seq.), consumers from Nevada have the right to request that an operator of a website or online service refrain from selling any personal information that has been or will be collected about them. If you are a Nevada resident, you can submit such a request by emailing us at feedback@loviaai.com. We will then provide more details on how we authenticate your request and verify your identity.
 

Your California Privacy Rights

Section 1798.83 of the California Civil Code allows California residents to request specific information from businesses they have a relationship with, about the types of personal data the business has shared with third parties for direct marketing purposes, including the names and addresses of those third parties, over the previous calendar year. If you are a California resident, you are entitled to make such a request once every year by emailing us at feedback@loviaai.com.

Types of Consumer Health Data We Collect

In accordance with Washington’s My Health My Data Act (MHMDA) and other applicable consumer health and biometric data privacy laws, we may collect the following types of Personal Information related to or reasonably linkable to a consumer that identifies their past, present, or future physical or mental health condition (referred to as “Consumer Health Data”), for the purposes outlined below:

 

Sources of Consumer Health Data We Collect

We gather Consumer Health Data from multiple channels, including: directly from you; through automatic collection methods; from third-party service providers; from social media platforms; and from data we generate or infer.

Sharing of Consumer Health Data

Categories of Consumer Health Data We Share

•We may disclose the following types of Consumer Health Data to third parties and certain affiliates:

•Personal health conditions, diagnoses, treatments, or medical history;

Psychological, behavioral, social, and medical interventions;

•Usage of prescribed medications;

•Information related to gender-affirming care;

•Reproductive or sexual health data;

•Data that identifies a consumer seeking "health care services," as outlined in Washington’s My Health My Data Act, also known as "Identity Data";

•Any data we or our service providers use to link or identify you with the above categories, including data derived from non-health information (e.g., proxy, inferred, emergent data through algorithms or machine learning), referred to as "Inference Data";

•Biometric Data, as defined under the MHMDA.

Categories of Third Parties with Whom We Share

We may share Consumer Health Data with the following types of third-party recipients:

•Vendors and service providers

•Legal entities requiring disclosure

Your Rights under the My Health My Data Act

Overview of Your Rights

If you reside in Washington State, or if your health data is collected within the state, you may have several rights under the Washington State My Health My Data Act. These rights are available to you, subject to certain conditions, verification procedures, and limitations, as outlined below:
 

•Right to Access or Confirm Data

You can request, up to two times a year, to verify whether your health-related data is being collected, shared, or sold by us. Additionally, you have the right to access this data, including a list of all third parties and affiliates with whom we have shared or sold your health data, along with their contact details.

•Right to Request Deletion
You can request the deletion of your health-related data that we store, or that is stored by our affiliates, service providers, or other third parties we work with.
 

•Right to Withdraw Consent or Opt-Out

At any time, you can revoke any consent you’ve previously provided. Please note that withdrawing consent may affect certain services, such as personalized advertisements, location-based features, or any other service that depends on your consent.
 

•Right to Non-Discriminatory Treatment

Exercising your rights under the My Health My Data Act will not lead to any form of discrimination against you.

How to Exercise Your Rights

To exercise your rights, please follow the steps outlined below:
 

•Send an email to feedback@loviaai.com with your full request, including the email address, phone number, or postal address we have on record.
 

Should you have any queries or wish to challenge a refusal related to a MHMDA rights request, please contact us at feedback@loviaai.com. We will ensure a timely response to your appeal in accordance with applicable legal timeframes.
 

If your appeal is not successful, you have the option to file a concern or complaint with the Washington State Attorney General by visiting www.atg.wa.gov/file-complaint.