Encantando Privacy Policy - AI Photo Stylization

1. Processing of User-Uploaded Content

• Purpose of Processing: The Tool enables you to upload your photographs ("User Content") to be transformed by our AI into diverse artistic styles ("Stylized Output"). Your User Content is processed solely for the purpose of providing this stylization service as initiated by you.
• Data Involved in Processing: When you upload an image, we process the image data itself to apply your selected AI style. We do not intentionally extract or analyze other forms of personal data that may be incidentally present in the image metadata unless strictly necessary for the technical provision of the service (e.g., image dimensions for processing). Your User Content and the Stylized Output are stored temporarily and are subject to deletion as outlined in our Data Retention Policy, detailed in our Terms of Service.

2. Data Protection Roles and User Rights

• Your Role as Data Controller for Uploaded Images: For any personal data contained within the images you choose to upload (e.g., images of identifiable individuals), you are considered the data controller. You are responsible for ensuring you have a lawful basis for processing such personal data, including obtaining any necessary consents if the images depict identifiable individuals other than yourself.
• Our Role as Data Processor: Encantando acts as a data processor with respect to the User Content you provide, processing it solely on your behalf and according to your instructions (i.e., applying the selected AI style to generate Stylized Output). We implement appropriate technical and organizational measures to safeguard the data during processing and its temporary storage period.

3. User Warranties Regarding Uploaded Content

By using the Tool, you represent and warrant to us that:

• Lawful Basis for Uploads: You possess all necessary rights, licenses, and consents for any personal data contained in the User Content you upload for stylization, and such processing complies with applicable data protection laws.
• Compliance with Laws and Terms: Your use of the Tool, including the nature of your User Content, will comply with all applicable laws (such as GDPR) and our Terms of Service. You accept full liability for your uploads.
• Adherence to Content Restrictions: Your User Content will not include prohibited materials as detailed in the 'Prohibited Content for Stylization' section of our Terms of Service.

4. Our Operational Practices in AI Image Processing

• Automated Stylization Service: The Tool provides an automated AI-driven service to apply artistic styles. We do not manually review or moderate User Content unless a potential violation of our Terms of Service or this Privacy Policy is duly reported or reasonably suspected by us.
• Limitations on Use of Your Content: We do not use your User Content or Stylized Output for purposes unrelated to providing, maintaining, and improving the AI stylization service, such as user profiling or targeted advertising, except as may be described for aggregated and anonymized data usage for analytics.
• Data Security Measures: We implement reasonable technical and organizational security measures designed to protect User Content and Stylized Output during processing and temporary storage. However, no data transmission or storage system can be guaranteed to be 100% secure. You acknowledge and accept this inherent risk when uploading content.

5. Policy Enforcement and Potential Actions

• Consequences of Violation: Uploading User Content or using the Tool in violation of our Terms of Service or this Privacy Policy may result in responsive actions from us, as further detailed in the Terms.
• Investigation and Remedial Measures: Should we become aware of a potential violation, we reserve the right to investigate and take appropriate remedial measures, which may include, without limitation, suspending or terminating your access to the Tool, or removing offending content, in accordance with our Terms of Service.

6. Disclaimer Regarding User-Uploaded Content

• You are solely and exclusively responsible for the User Content you upload, its legality, and its compliance with all applicable laws, regulations, and third-party rights.
• We expressly disclaim any liability for legal, regulatory, or reputational consequences arising from the User Content you choose to upload and process using the Tool. This is further detailed in the 'Disclaimer of Warranties' and 'Limitation of Liability' sections of our Terms of Service.

7. Data Privacy Inquiries and Reporting Concerns

• Contact for Privacy Matters: If you have any questions or concerns about how your data is handled by the Tool, believe your User Content was processed without authorization, or wish to report a potential violation of this Privacy Policy, please contact our privacy team at:
  • Email: help@encantando.me
  • Address: Gravura Poderosa LDA, Portugal (Attn: Privacy)
• We will investigate and respond to legitimate inquiries or reports in a timely manner and take appropriate measures in accordance with applicable law and our internal policies.

8. Amendments to This Privacy Policy

• We may update or modify this Privacy Policy at any time to reflect changes in our data practices or legal obligations. We will post the revised Policy on our website.
• If changes are significant, we will provide more prominent notice (e.g., via our homepage or by email). Your continued use of the Tool after any such updates constitutes your acceptance of the revised Privacy Policy.