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Privacy Policy

Last Updated: June 17, 2024

5AM Software Labs LLC ("5AM," "we," "us," or "our") is committed to protecting your privacy. This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you use our photo and media management services, websites, and applications (collectively, the "Service"). Please read this Privacy Policy carefully. If you do not agree with the terms of this Privacy Policy, please do not access or use the Service.

1. Information We Collect

We may collect information about you in a variety of ways. The information we may collect via the Service depends on the content and materials you use, and includes:

Personal Information You Provide to Us

  • Account Information: When you register for an account, we may collect your name, email address, password, and profile picture.
  • User Content: We collect and store the photos, videos, metadata (such as EXIF data, location, dates), AI-generated descriptions, and any other files or information you upload, create, or store using the Service ("User Content").
  • Payment Information: If you subscribe to our paid services or enable paid sharing for your albums, we (or our third-party payment processors like Stripe) will collect payment-related information, such as your credit card number or other payment account information. We do not store full credit card numbers on our servers.
  • Creator Payout Information: If you use features that allow you to receive payments from others (e.g., paid album access), we (or our third-party payment processors like Stripe) will collect information necessary to facilitate payouts, such as bank account details or Stripe Connect account information.
  • Communications: If you contact us directly (e.g., for customer support), we may receive additional information about you such as your name, email address, phone number, the contents of the message and/or attachments you may send us, and any other information you may choose to provide.
  • API Keys: If you provide an API key for third-party services (e.g., Google Gemini for AI features), we will store this key securely to enable those features on your behalf.

Information We Collect Automatically

  • Usage Data: We automatically collect certain information when you access or use our Service. This information may include your IP address, browser type, operating system, device information, access times, pages viewed, features used, and the referring URL.
  • Cookies and Similar Tracking Technologies: We use cookies, web beacons, and similar tracking technologies to collect information about your interaction with our Service, remember your preferences, and support security features. You can control the use of cookies at the individual browser level.

2. How We Use Your Information

We use the information we collect in the following ways:

  • To provide, operate, and maintain our Service;
  • To improve, personalize, and expand our Service;
  • To understand and analyze how you use our Service;
  • To develop new products, services, features, and functionality;
  • To process your transactions, manage your subscriptions, and facilitate payouts;
  • To communicate with you, either directly or through one of our partners, including for customer service, to provide you with updates and other information relating to the Service, and for marketing and promotional purposes (where permitted by law and with your consent where required);
  • To send you text messages and push notifications (if you opt-in);
  • For security purposes, including fraud prevention and to enforce our terms and policies;
  • To comply with legal obligations and respond to lawful requests from public authorities;
  • For our business purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns, and to evaluate and improve our Service, products, marketing, and your experience.

3. How We Share Your Information

We may share the information we have collected about you in certain situations. Your information may be disclosed as follows:

  • With Your Consent or at Your Direction: We may share your information with third parties when you explicitly consent or direct us to do so, such as when you share an album with another user or configure a third-party integration.
  • Service Providers: We may share your information with third-party vendors, service providers, contractors, or agents who perform services for us or on our behalf and require access to such information to do that work. Examples include: payment processing (e.g., Stripe), cloud hosting (e.g., Google Cloud Storage, Cloudflare R2), data analytics, email delivery, customer service, and AI service providers (e.g., Google Gemini, where your API key is used by our backend on your behalf for specific features like video summaries or if we implement server-side AI processing). These service providers are authorized to use your personal information only as necessary to provide these services to us.
  • By Law or to Protect Rights: If we believe the release of information about you is necessary to respond to legal process, to investigate or remedy potential violations of our policies, or to protect the rights, property, and safety of others, we may share your information as permitted or required by any applicable law, rule, or regulation.
  • Business Transfers: We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
  • Aggregated or De-identified Data: We may share aggregated or de-identified information, which cannot reasonably be used to identify you, for various purposes, including for business or research purposes or to improve our Service.

4. Your Choices and Rights

Depending on your location and applicable law, you may have certain rights regarding the personal information we hold about you. These may include the right to:

  • Access, correct, update, or request deletion of your personal information.
  • Object to processing of your personal information, ask us to restrict processing of your personal information, or request portability of your personal information.
  • Opt-out of marketing communications we send you at any time.
  • Withdraw your consent at any time if we have collected and processed your personal information with your consent.
  • Complain to a data protection authority about our collection and use of your personal information.

You can typically manage your account information and User Content through your account settings within the Service. For other requests or if you have questions about your rights, please contact us using the details provided below.

5. Data Security

We use administrative, technical, and physical security measures to help protect your personal information. While we have taken reasonable steps to secure the personal information you provide to us, please be aware that despite our efforts, no security measures are perfect or impenetrable, and no method of data transmission can be guaranteed against any interception or other type of misuse.

6. Data Retention

We retain personal information we collect from you where we have an ongoing legitimate business need to do so (for example, to provide you with a service you have requested or to comply with applicable legal, tax, or accounting requirements).

When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

7. International Data Transfers

Your information, including personal 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 from those in your jurisdiction. If you are located outside the United States and choose to provide information to us, please note that we transfer the data, including personal information, to the United States and process it there. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

8. Children's Privacy

Our Service is not directed to individuals under the age of 13 (or a higher age if stipulated by applicable law), and we do not knowingly collect personal information from children under 13. If we become aware that a child under 13 has provided us with personal information, we will take steps to delete such information. If you become aware that a child has provided us with personal information, please contact us.

9. Changes to This Privacy Policy

We may update this Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page and updating the "Last Updated" date. 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.

10. Contact Us

If you have any questions or concerns about this Privacy Policy or our data practices, please contact us at:

Email: [email protected]

5AM Software Labs LLC