Privacy Policy

In compliance with Personal Data Protection and Digital Rights Guarantees, we provide you with the following information about the processing of your personal data on our website(s).

In this legal document, the legally obligatory information on the processing carried out on your personal data in the context of our Website is provided.

The present Privacy Policy regulates the processing of your personal data performed by PicassoBoat Company. (hereinafter, “PicassoBoat Company”), collected through the use of the services offered on the Website (hereinafter, “Services”).

The latest update of this Privacy Policy is indicated at the top of this text and it will become effective as of the date indicated in each version. PicassoBoat Company, thus, recommends reviewing this Privacy Policy from time to time.

Some of the Services offered on the Website may be subject to specific privacy policies or information that will be displayed in the relevant moment. Additionally, the access and use of the Website and the accompanying Services are governed by the Terms of Use of the Website.

PERSONAL DATA PROCESSING

The following sections address the collection and processing of your personal information through any of the projects run by PicassoBoat Company, including any of their subdomains and sections.

1. Data controller

PICASSOBOAT COMPANY as data controller, is responsible for the processing of Users’ personal information on the Website:

PICASSOBOAT COMPANY, registered office in RZ A Block, Pul Pheladpur New Delhi-110044. Email: support@picassoboat.com.

You can send an email to support@picassoboat.com to raise any questions, request or exercise of right regarding personal data protection.

2. Website Use under Terms and Conditions

You can only contract our services and validly accept our Terms and Conditions if you are of legal age.

3. Our purposes and lawful basis of data we collect

Your personal data is processed with different purposes. Each processing must be based on a lawful basis, among those set forth by the regulation. We use the following basis:

1. Consent: you have given your informed, unequivocal and specific consent to the processing of your personal data aimed to a specific purpose.
2. Legal obligation: the law requires process and disclose certain data on occasions to certain institutions (for example, to the Tax Authority).
3. Execution of a contract: the data are strictly necessary to provide you with our services or to comply with what was agreed with you.
4. Our legitimate interests, provided that your interests and rights do not prevail over them.

The legal bases of our data processing carried out through our Website, in relation to the purposes for which we will use your data, are the following:

3.1. Browsing the Website

When you browse and use the Website, even if you do not register, data is automatically collected through technology or automated interactions, such as IP address, device id, certains metadata (HTTP header, your browser, etc.). In addition, information is collected on the number of downloads and searches you perform. These data are recorded in order to control the number of downloads made by each user, thus allowing us to detect a fraudulent or illegitimate use of the Website, and, therefore, guarantee compliance with the Terms and Conditions of Use of the Website, that is, the management of the contractual relationship between you and PicassoBoat.

These technical data observed when the user browser the Website are processed for the purpose of detecting and mitigating risks of attacks (bots, code injections), and, generally, to guarantee and maintain the Website security. Our lawful basis is our legitimate interest in protecting the security of our systems and preventing the violation of our terms and conditions.

Personal data processed: IP address, device id and certain metadata such as the browser used or the HTTP/HTTPS header.

3.2. Contractual relationship with our registered users (free or registered)

When you register as a user (either free or “registered”), we request the personal data that we need for the management and fulfillment of our contractual relationship with you.

When you are requested to provide personal data that is deemed as necessary, due to legal obligation or in accordance with our contracting conditions, and you refuse to provide them, we may not be able to formalize said contract or provide the service, which will be communicated to you properly.

• Personal data processed (free users): username, email address, name, address and profession. Only the email address and username are required.
• Personal data processed (registered users): the above plus country, city of residence, identity document, and means of payment (all data are mandatory).

PicassoBoat obtains from this platform, with your previous consent, your username, image and email address in order to register you as a PicassoBoat user.

You can exercise your rights of access, rectification, erasure, limitation of processing, portability and revocation of consent in relation to the personal data obtained from these platforms (and other data that you may have provided to PicassoBoat in your relationship with us) by contacting PicassoBoat at the email address provided in this policy.

Please note that the rectification or deletion of your data in your PicassoBoat account does not automatically imply the rectification or deletion of your data and accounts on the platforms that authenticate your identity: you must also contact them to exercise your rights.

3.3. Contractual relationship with our external creators

When we formalize a collaboration agreement with you if you are a creator of content to be distributed and licensed by PicassoBoat, we request the personal data that we need for the management and fulfillment of our contractual relationship.

Personal data processed: email address, full name, address, city of residence id documents and way of payment.

3.4. Models included in our content

If you appear as a model of images or videos offered as content on our website, we process your personal data included in the legal documentation and your image and/or voice is incorporated into our products for marketing on our websites, based on your contract with the external creator or directly with us, as the case may be.

Your image and/or voice may be used for purposes of development, training, testing, or improvement of software, algorithms, and machine learning models in combination with other images, texts, graphics, films, audios, and audiovisual works, always in an aggregated form, without the processing pursuing or making it possible to uniquely identify you.

Personal data processed: image or voice and the data recorded in the image rights assignment document -name, surname, identity document or equivalent, and address-.

Your data is publicly communicated worldwide through the internet -our websites- and is transferred to third parties in the form of licenses or access to the content. These international data transfers are made to countries with a level of personal data protection lower than that provided.

3.5. Surveys

Likewise, based on our legitimate interest to know your opinion in order to improve our products’ performance and usability, we may contact you to request your opinion and preferences through satisfaction surveys.

In addition, based on our legitimate interests (improving our products, increasing our sales) we offer you to participate in surveys in order to learn first-hand about your opinions and preferences about our products and, on that basis, to eliminate friction, facilitate their use and improve your interactions with them.) Therefore, we will contact you to ask for your opinion through satisfaction surveys.

Personal data processed: contact information.

3.6. Support requests

When you contact us requesting information, support or feedback, we process your data in order to assist you, based on your consent expressed in your own request.

Personal data processed: contact information that you provide us with in order to respond to your request and the content of your request.

3.7. Submitting your resume

When you apply to join the PicassoBoat team or as a freelance designer or collaborator, we process your personal data on the basis of your consent, in order to assess your recruitment.

Personal data processed: contact information and information included in your CV and/or cover letter provided to support your application.

3.8. Professional contact with individual professionals or contact persons in companies.

In the event that you are an individual professional or contact person in a company that we have contacted, or we have collected your data through the form we offer on the websites for this purpose, your data will be processed for the purpose of maintaining professional contact with you as an individual professional or contact person. We will process your data based on the legitimate interest of being able to maintain strictly professional contact with you or the organization you represent.

Likewise, the legal basis for data processing may be applicable for the performance of the pre-contractual measures requested and preparatory, where appropriate, to the conclusion of an agreement with you or your company. For the agreement signed, the legal basis would be that agreement or the pre-contract.

Personal data processed: name and surname, corporate or non-personal e-mail address, corporate or non-personal telephone number (optional), position (optional) and data contained in the message.

3.9. Third-Party Integrations, APIs, plugins and extensions.

We may integrate or utilize various third-party extensions, add-ons, APIs, plugins, and other technologies (collectively, “Third-Party Integrations”) within our platform or services. These Third-Party Services are operated and provided by independent companies that are not under our direct control.

3.10. AI-Based Products.

We offer various AI-based products to generate images based on your Inputs or your own image, or images that you consent to upload to our platform. We will handle your data for the following purposes:

• Provide our service in accordance with our terms and conditions and usage policy, based on the existing contract between the parties.
• Generate avatars or recreations based on your own image, if you upload or capture your image with your camera, or on other images you decide to upload, based on your consent.
• Maintain the security of our products and systems, based on our legitimate interests.
• Improve our products, including user experience and the training and enhancement of our artificial intelligence models, limited to the Inputs you provide when using our AI-based products, as well as the Outputs generated as a result, based on our legitimate interest. In no case will we use your own image or the images you upload to train or improve our artificial intelligence models.
• The rest of the data processing mentioned in section 3.2, in their respective cases, applies if you are a registered user.

Your own image (or the images you upload) is not shared with third parties; they are discarded immediately after the creation of the avatar or recreation.

Additionally, in no case do these data processing activities aim to uniquely identify you.

Personal data subject to processing:

• User data included in section 3.2 if you are a registered user.
• Inputs you include when using AI-based products, as well as the Outputs generated by AI-based products.
• Your own image and other images you may upload if you have chosen to contribute them to any of the products made available, with the limitations stated above.

4. For how long do we keep your data

We process your personal data only for 6 months.

5. Data Update

We ask that you to immediately notify us of any changes to your data so that the information contained in our systems is up-to-date at all times and does not contain errors. In this sense, you represent and guarantee that the information and data that you have provided us is accurate, current and truthful.

6. Disclosure of data

PicassoBoat Company does not transfer nor share collected personal data with third parties external to the company.

Access by third parties providing services to us

We may disclose personal information of our Users to third parties only in cases when it is strictly necessary for PicassoBoat Company to perform their functions and to comply with the Terms of use. We may also share personal information with other third parties to ensure compliance with applicable laws, including:

• Service providers, to manage systems and information technology such as hosting, broadband, IT security or web analytics providers.
• Payment platforms, banks and companies involved in the transaction process, to ensure the fulfilment of the necessary transactions.
• Advertising platforms, CRM and other marketing tools.
• Recruitment management platforms.
• User support management platforms.
• Lawyers, auditors, legal and accounting consultancy services and financial institutions.

These services provided by third parties are necessary for the development of PicassoBoat Company’s business activity. The processing of personal data is at all times subject to a contract which establishes the duties of the data processor towards the data controller. Under no circumstances will personal information be used for other purposes and it will be managed in compliance with PicassoBoat Company policy guidelines, their privacy policy and the applicable data protection regulation.

In accordance with our commitment to your privacy and your data protection right, we exclusively choose only top-tier service providers, leaders in their respective sectors. You can request the list of providers that have access to your personal data, as well as the services provided by each one, through the email address provided in the exercise of rights section.

7. Rights of the user

We guarantee the exercise of rights established in the General Data Protection.

You can exercise the rights described below in the following ways: logging in the User account through the support form available on the Website or by emailing us at support@PicassoBoat.com.

Please note that PicassoBoat Company may require you to verify your identity before taking action on the request for the exercise of rights.

You have the following rights:

1. Transparency and information on how we process your personal data (right to be informed). Right that we satisfy, for example, through this legal text.
2. Right to request a copy of the information we hold, which will be provided to you within a month (right of access).
3. Right to update or modify the information we have if it is incorrect or inaccurate (right of rectification).
4. Right to request us to stop processing your information while a complaint is being resolved, among other cases (right to limit processing).
5. Right not to be subject to a fully automated decision based solely on the processing of your data, which produces legal effects concerning you or significantly affects you (right not to be subject to automated individual decisions).

Additionally, when we process your personal data based on your consent or on our contractual relationship with you:

1. Right to request that we delete personal data from our records (right to erasure or “to be forgotten”). You can carry out this request at any time by closing your account, through your profile section.
2. Right to obtain and reuse personal data for your own purposes (right to data portability).
3. Right to revoke at any time the consent previously given to any of our processing of your personal data.

Or, when we process your personal data based on our legitimate corporate interests:

1. Right to object to the processing of personal data based on our legitimate interests claiming circumstances based on your personal situation (right to object). You can oppose these treatments related to the sending of advertising both in the registration form, as well as through your own profile, by unchecking the box enabled in the “Notifications” section and through any of the commercial communication we send to you.

8. Data security

We have implemented strong security controls to safeguard User’s personal information against loss, misuse, unauthorized access, disclosure or alteration.

For example, to protect your personal data, Secure Socket Layer (SSL) technology is used during the transmission of data. This means that an approved encryption procedure is used for communication between your computer or device and PicassoBoat’s servers, as long as your browser supports SSL.

9. International data transfers

We carry out international data transfers in relationship with some of the processing described in the previous clause with certain data processors: subcontractors and content delivery networks to help us to deliver our Services.

A data processor, as already said, is an external subcontractor that we hire, and that may have access to personal data about users or collaborators, or that stores them in the context of the service provided to us.

Some of these external service providers are located outside, so the processing of your personal data involves an international data transfer.

10. Complaint submission

If you, the User, do not agree with the way PicassoBoat Company processes your personal data, you can contact us by sending an email to support@picassoboat.com.