YouCam Apps Privacy Policy
Effective Date: May, 2022

(A) This Notice

This Notice is issued by each of the Controller entities listed in Section (P) below (together, “Perfect Corp.”, “we”, “us” and “our”) and is addressed to individuals outside our organisation with whom we interact, including customers, visitors to our Sites, users of our Apps, other users of our products or services, personnel of corporate customers and vendors, applicants for employment, and visitors to our premises (together, “you”). Defined terms used in this Notice are explained in Section (X) below.

This Notice may be amended or updated from time to time to reflect changes in our practices with respect to the Processing of Personal Data, or changes in applicable law. We encourage you to read this Notice carefully, and to regularly check this page to review any changes we might make in accordance with the terms of this Notice.You may also have certain rights regarding the information we collect about you. Specifically, the rights of Data Subjects of the EEA are explained in Section (M) below. Similarly, California Residents may find information on their rights as a Consumer in Section (S) below.

You may also have certain rights regarding the information we collect about you. Specifically, the rights of Data Subjects of the EEA are explained in Section (M) below. Similarly, California Residents may find information on their rights as a Consumer in Section (S) below.

Intended Audience of the Website and apps: Our Sites, Apps and services are not directed to children under the age of 13. As a result, our Sites, Apps and services do not request or knowingly collect personal information from individuals under the age of 13. If you are not 13 or older, you should not visit or use our website or apps. We will terminate any use and accounts used by children under the age of 13 if we become aware that we have received personal information from children under the age of 13 as determined in our sole discretion, including all content and information. You may also contact us with inquiries concerning any use of children’s information.

(B) Collection of Personal Data

Collection of Personal Data: We collect or obtain Personal Data about you from the following sources:

(C) Creation of Personal Data

We also create Personal Data about you in certain circumstances, such as records of your interactions with us, and details of your past interactions with us. We may also combine Personal Data from any of our Sites, Apps, products, or services, including where those data are collected from different devices.

(D) Categories of Personal Data we Process

We Process the following categories of Personal Data about you:

(E) Sensitive Personal Data

We do not seek to collect or otherwise Process Sensitive Personal Data in the ordinary course of our business. Where it becomes necessary to Process your Sensitive Personal Data for any reason, we rely on one of the following legal bases

(F) Purposes of Processing and legal bases for Processing

The purposes for which we Process Personal Data, subject to applicable law, and the legal bases on which we perform such Processing, are as follows:

Processing activity Legal basis for Processing
Provision of Sites, Apps, products, and services: providing our Sites, Apps, products, or services; providing promotional items upon request; and communicating with you in relation to those Sites, Apps, products, or services.
  • The Processing is necessary in connection with any contract that you have entered into with us, or to take steps prior to entering into a contract with us; or
  • We have a legitimate interest in carrying out the Processing for the purpose of providing our Sites, Apps, products, or services (to the extent that such legitimate interest is not overridden by your interests, fundamental rights, or freedoms); or
  • We have obtained your prior consent to the Processing (this legal basis is only used in relation to Processing that is entirely voluntary – it is not used for Processing that is necessary or obligatory in any way).
Operating our business: operating and managing our Sites, our Apps, our products, and our services; providing content to you; displaying advertising and other information to you; communicating and interacting with you via our Sites, our Apps, our products, or our services; and notifying you of changes to any of our Sites, our Apps, our products, or our services.
  • The Processing is necessary in connection with any contract that you have entered into with us, or to take steps prior to entering into a contract with us; or
  • We have a legitimate interest in carrying out the Processing for the purpose of providing our Sites, our Apps, our products, or our services to you (to the extent that such legitimate interest is not overridden by your interests, fundamental rights, or freedoms); or
  • We have obtained your prior consent to the Processing (this legal basis is only used in relation to Processing that is entirely voluntary – it is not used for Processing that is necessary or obligatory in any way).
Communications and marketing: communicating with you via any means (including via email, telephone, text message, social media, post or in person) to provide news items and other information in which you may be interested, subject always to obtaining your prior opt-in consent to the extent required under applicable law; personalising our Sites, products and services for you; maintaining and updating your contact information where appropriate; obtaining your prior, opt-in consent where required; enabling and recording your choice to opt-out or unsubscribe, where applicable.
  • The Processing is necessary in connection with any contract that you have entered into with us, or to take steps prior to entering into a contract with us; or
  • We have a legitimate interest in carrying out the Processing for the purpose of contacting you, subject always to compliance with applicable law (to the extent that such legitimate interest is not overridden by your interests, fundamental rights, or freedoms); or
  • We have obtained your prior consent to the Processing (this legal basis is only used in relation to Processing that is entirely voluntary – it is not used for Processing that is necessary or obligatory in any way).
Product safety communications: communications in relation to product safety, including product recalls and product safety advisory notices.
  • The Processing is necessary for compliance with a legal obligation; or
  • We have a legitimate interest in carrying out the Processing for the purpose of ensuring the safety, and proper use, of our products (to the extent that such legitimate interest is not overridden by your interests, fundamental rights, or freedoms).
Management of IT systems: management and operation of our communications, IT and security systems; and audits (including security audits) and monitoring of such systems.
  • The Processing is necessary for compliance with a legal obligation; or
  • We have a legitimate interest in carrying out the Processing for the purpose of managing and maintaining our communications and IT systems (to the extent that such legitimate interest is not overridden by your interests, fundamental rights, or freedoms).
Health and safety: health and safety assessments and record keeping; providing a safe and secure environment at our premises; and compliance with related legal obligations.
  • The Processing is necessary for compliance with a legal obligation; or
  • We have a legitimate interest in carrying out the Processing for the purpose of ensuring a safe environment at our premises (to the extent that such legitimate interest is not overridden by your interests, fundamental rights, or freedoms); or
  • The Processing is necessary to protect the vital interests of any individual.
Financial management: sales; finance; corporate audit; and vendor management.
  • We have a legitimate interest in carrying out the Processing for the purpose of managing and operating the financial affairs of our business (to the extent that such legitimate interest is not overridden by your interests, fundamental rights, or freedoms); or
  • We have obtained your prior consent to the Processing (this legal basis is only used in relation to Processing that is entirely voluntary – it is not used for Processing that is necessary or obligatory in any way).
Surveys: engaging with you for the purposes of obtaining your views on our Sites, our Apps, our products, or our services.
  • We have a legitimate interest in carrying out the Processing for the purpose of conducting surveys, satisfaction reports and market research (to the extent that such legitimate interest is not overridden by your interests, fundamental rights, or freedoms); or
  • We have obtained your prior consent to the Processing (this legal basis is only used in relation to Processing that is entirely voluntary – it is not used for Processing that is necessary or obligatory in any way).
Security: physical security of our premises (including records of visits to our premises); CCTV recordings; and electronic security (including login records and access details).
  • The Processing is necessary for compliance with a legal obligation; or
  • We have a legitimate interest in carrying out the Processing for the purpose of ensuring the physical and electronic security of our business and our premises (to the extent that such legitimate interest is not overridden by your interests, fundamental rights, or freedoms).
Investigations: detecting, investigating and preventing breaches of policy, and criminal offences, in accordance with applicable law.
  • The Processing is necessary for compliance with a legal obligation; or
  • We have a legitimate interest in carrying out the Processing for the purpose of detecting, and protecting against, breaches of our policies and applicable laws (to the extent that such legitimate interest is not overridden by your interests, fundamental rights, or freedoms).
Legal compliance: compliance with our legal and regulatory obligations under applicable law.
  • The Processing is necessary for compliance with a legal obligation.
Improving our Sites, Apps, products, and services: identifying issues with our Sites, our Apps, our products, or our services; planning improvements to our Sites, our Apps, our products, or our services; and creating new Sites, Apps, products, or services.
  • We have a legitimate interest in carrying out the Processing for the purpose of improving our Sites, our Apps, our products, or our services (to the extent that such legitimate interest is not overridden by your interests, fundamental rights, or freedoms); or
  • We have obtained your prior consent to the Processing (this legal basis is only used in relation to Processing that is entirely voluntary – it is not used for Processing that is necessary or obligatory in any way).
Fraud prevention: Detecting, preventing and investigating fraud.
  • The Processing is necessary for compliance with a legal obligation (especially in respect of applicable employment law); or
  • We have a legitimate interest in carrying out the Processing for the purpose of detecting, and protecting against, fraud (to the extent that such legitimate interest is not overridden by your interests, fundamental rights, or freedoms).
Establishment, exercise and defence of legal claims: management of legal claims; establishment of facts and claims, including collection, review and production of documents, facts, evidence and witness statements; exercise and defence of legal rights and claims, including formal legal proceedings.
  • The Processing is necessary for compliance with a legal obligation;
  • We have a legitimate interest in carrying out the Processing for the purpose of establishing, exercising or defending our legal rights (to the extent that such legitimate interest is not overridden by your interests, fundamental rights, or freedoms); or
  • The Processing is necessary for the establishment, exercise or defence of legal claims.
Recruitment and job applications: recruitment activities; advertising of positions; interview activities; analysis of suitability for the relevant position; records of hiring decisions; offer details; and acceptance details.
  • The Processing is necessary for compliance with a legal obligation (especially in respect of applicable employment law); or
  • We have a legitimate interest in carrying out the Processing for the purpose of recruitment activities and handling job applications (to the extent that such legitimate interest is not overridden by your interests, fundamental rights, or freedoms); or
  • We have obtained your prior consent to the Processing (this legal basis is only used in relation to Processing that is entirely voluntary – it is not used for Processing that is necessary or obligatory in any way).

(G) Disclosure of Personal Data to third parties

We disclose Personal Data to other entities within the Perfect Corp. group, for legitimate business purposes and the operation of our Sites, Apps, products, or services to you, in accordance with applicable law. In addition, we disclose Personal Data to:

If we engage a third-party Processor to Process your Personal Data, the Processor will be subject to binding contractual obligations to: (i) only Process the Personal Data in accordance with our prior written instructions; and (ii) use measures to protect the confidentiality and security of the Personal Data; together with any additional requirements under applicable law.

(H) International transfer of Personal Data

Because of the international nature of our business, we transfer Personal Data within the Perfect Corp. group, and to third parties as noted in Section (G) above, in connection with the purposes set out in this Notice. For this reason, we transfer Personal Data to Japan, US, Germany and Taiwan that may have different laws and data protection compliance requirements to those that apply in the country in which you are located.

Please note that when you transfer any Personal Data directly to any Perfect Corp. entity established outside the jurisdiction in which you are located, we are not responsible for that transfer of Personal Data. We will nevertheless Process such Personal Data, from the point at which we receive those data, in accordance with the provisions of this Notice.

(I) Data security

We have implemented appropriate technical and organisational security measures designed to protect your Personal Data against accidental or unlawful destruction, loss, alteration, unauthorised disclosure, unauthorised access, and other unlawful or unauthorised forms of Processing, in accordance with applicable law.

Because the internet is an open system, the transmission of information via the internet is not completely secure. Although we will implement all reasonable measures to protect your Personal Data, we cannot guarantee the security of your data transmitted to us using the internet – any such transmission is at your own risk and you are responsible for ensuring that any Personal Data that you send to us are sent securely.

(J) Data accuracy

We take every reasonable step to ensure that:

From time to time we may ask you to confirm the accuracy of your Personal Data.

(K) Data minimisation

We take every reasonable step to ensure that your Personal Data that we Process are limited to the Personal Data reasonably necessary in connection with the purposes set out in this Notice.

(L) Data retention

We take every reasonable step to ensure that your Personal Data are only Processed for the minimum period necessary for the purposes set out in this Notice. The criteria for determining the duration for which we will retain your Personal Data are as follows:

(1) we will retain Personal Data in a form that permits identification only for as long as:

plus:
(2) the duration of:

and:
(3) in addition, if any relevant legal claims are brought, we continue to Process Personal Data for such additional periods as are necessary in connection with that claim.

During the periods noted in paragraphs (2)(a) and (2)(b) above, we will restrict our Processing of your Personal Data to storage of, and maintaining the security of, those data, except to the extent that those data need to be reviewed in connection with any legal claim, or any obligation under applicable law.

Once the periods in paragraphs (1), (2) and (3) above, each to the extent applicable, have concluded, we will either:

(M) Your legal rights

Subject to applicable law, you may have the following rights regarding the Processing of your Relevant Personal Data:

Subject to applicable law, you may also have the following additional rights regarding the Processing of your Relevant Personal Data:

This does not affect your statutory rights.

To exercise one or more of these rights, or to ask a question about these rights or any other provision of this Notice, or about our Processing of your Personal Data, please use the contact details provided in Section (P) below. Please note that:

(N) Terms of Use

All use of our Sites, Apps, products, or services is subject to our Terms of Service. We recommend that you review our Terms of Use regularly, in order to review any changes we might make from time to time.

(O) Direct marketing

We Process Personal Data to contact you via email, telephone, direct mail or other communication formats to provide you with information regarding Sites, Apps, products, or services that may be of interest to you. We also Process Personal Data for the purposes of displaying content tailored to your use of our Sites, Apps, products, or services. If we provide Sites, Apps, products, or services to you, we may send or display information to you regarding our Sites, Apps, products, or services, upcoming promotions and other information that may be of interest to you, including by using the contact details that you have provided to us, or any other appropriate means, subject always to obtaining your prior opt-in consent to the extent required under applicable law.

You may unsubscribe from our promotional email list at any time by simply clicking on the unsubscribe link included in every promotional electronic communication we send. Please note that it may take up to 2 weeks to process your unsubscribe request during which time you may continue to receive communications from us. After you unsubscribe, we will not send you further promotional emails, but in some circumstances we will continue to contact you to the extent necessary for the purposes of any Sites, Apps, products, or services you have requested.

(P) Details of Controllers

For the purposes of this Notice, the relevant Controllers are:

Controller entity Contact details
Perfect Corp. 14F., No.98, Minquan Rd., Xindian Dist., New Taipei City 231, Taiwan (R.O.C.)
appsupport@perfectcorp.com

Alternatively, you may contact us using our online Contact Us page.

(Q) Analytics and Tailored Advertising

When you visit a Site or use an App we will typically place Cookies onto your device, or read Cookies already on your device, subject always to obtaining your consent, where required, in accordance with applicable law. We use Cookies to record information about your device, your browser and, in some cases, your preferences and browsing habits. We Process Personal Data through Cookies and similar technologies, in accordance with applicable laws.

Certain Cookies may be stored on your machine by third parties when you use our Sites. We have no control over these Cookies or how the third parties use them. These Cookies allow third parties to provide us with a service, for example, analytics about the effectiveness of our marketing activities and user behaviour.

The following is a list of our current third party advertising partners linked to their privacy policies: Facebook, Google, Smaato, PubMatic, Index Exchange, Magnite (Rubicon), OpenX, applovin, aarki, liftoff, unrulyx, fluct, Inmobi and Chocolate Platform.

You may opt-out of targeted advertising utilizing the Digital Advertising Alliance (“DAA”) AdChoices Program at optout.aboutadsinfo. For more information on the DAA AdChoices Program at visit www.youradchoices.com. In addition, the Network Advertising Initiative (“NAI”) has developed a tool that allows consumers to opt out of certain Tailored Advertising delivered by NAI members’ advertising networks. To learn more about opting out of such targeted advertising or to use the NAI tool, see https://optout.networkadvertising.org/.

You may also set your browser to block all cookies, including cookies associated with our Service, or to indicate when a cookie is being set by us. However, it’s important to remember that many of our Service may not function properly if your cookies are disabled. For example, we may not remember your language preferences. Most web browsers automatically accept cookies but provide controls that allow you to turn off, block or delete them. Learn more at https://support.google.com/chrome/answer/95647?co=GENIE.Platform%3DAndroid&hl=en

Please be aware that if you choose to delete cookies, settings and preferences controlled by those cookies, including advertising preferences, will be deleted and may need to be recreated

(R) Do Not Track

Most browsers can be set to send signals to third party websites requesting them not to track the user’s activities. At this time, we do not respond to “do not track” signals. Consequently, third parties may indeed track and collect information about your online activities over time while navigating to, from and on our online Services, notwithstanding any “do not track” signals we may receive.

(S) California Consumer Privacy Act Disclosures

Under the California Consumer Privacy Act (“CCPA”), we must disclose our practices regarding the collection, use, and disclosure of the Personal Information of California Residents (“Consumers”). Consumers are also afforded additional rights with regard to the Personal Information we collect about them that include the rights of access, deletion, and to be free from discrimination. This section of our Privacy Policy includes the disclosures required by the CCPA and Section (T) below describes the rights afforded to Consumers. We also describe the methods by which a Consumer may exercise these rights and some of the statutory exceptions that may apply.

Collection of Personal Information

We have collected and will collect the following general categories of Personal Information about Consumers:

Use of Personal Information

We may use the categories of Personal Information described above for the following business or commercial purposes:

Categories of Sources of Personal Information

We collect or obtain Personal Information about you from the following sources:

Disclosure of Personal Information

We do not Sell any personal information to third parties. In particular, we do not Sell the personal information of minors under 16 years of age. In the preceding 12 months, we have disclosed the following categories of personal information to the following categories of recipients:

Categories of Recipients Categories of Personal Information
Vendors who may need access to your personal information to help us provide our Services.
  • Personal Identifiers;
  • Categories of personal information enumerated in Cal. Civ. Code § 1798.80(e)
  • Protected Classification (if provided)
  • Commercial Information
  • Internet or other electronic network activity information
  • Inferences for use in creating a consumer profile
Entities who provide us with e-mail address management, communication contact services, and those who analyse and enhance our marketing campaigns and service.
  • Personal Identifiers;
  • Categories of personal information enumerated in Cal. Civ. Code § 1798.80(e)
  • Protected Classification (if provided)
  • Internet or other electronic network activity information
  • Inferences for use in creating a consumer profile
Payment processors, entities who provide labelling and shipping services to help us deliver the products you may order.
  • Personal Identifiers
  • Categories of personal information related to the California Customer Records statute (Cal. Civ. Code § 1798.80)
  • Commercial Information
Entities we partner with to assist us in providing services.
  • Personal Identifiers
  • Categories of personal information enumerated in Cal. Civ. Code § 1798.80(e)

The purposes for which we disclose personal information are described in more detail in Section (G) above.

(T) Consumer Rights under the California Consumer Privacy Act

If you are a Consumer, the CCPA grants you the following rights regarding your Personal Information. Generally, in order to verify your requests to exercise your rights, we will compare the personal information we have about you to pieces of personal information we will request in the course of processing your request. The personal information required for verification may include your name, email address, phone number, or postal address. We will deliver a response to you within 45 days of receiving your verifiable consumer request. To exercise your rights under the CCPA, please follow the instructions described in this section.

Right to Know About Personal Information. Consumers have the right to submit a verifiable consumer request that we disclose the following in a readily useable format, covering the 12 month period preceding the verifiable consumer request

Verifiable consumer requests to know may be submitted through one of the following methods:

Right to Request Deletion of Personal Information. Consumers have the right to request that we delete any Personal Information that we have collected from them. However, we are not required to comply with a request to delete where it is necessary for us to retain the Personal Information in order to:

Verifiable consumer requests to delete may be submitted through one of the following methods:

Right to Non-Discrimination. Consumers have the right to be free from discrimination when they exercise their Consumer rights under the CCPA, and should you exercise those rights we cannot:

Authorized Agent. Under the CCPA, you may appoint an authorized agent to submit requests to exercise your rights on your behalf. Should you choose to do so, for your and our protection, we will require your authorized agent to provide us with a signed permission demonstrating they are authorized to submit a request on your behalf. We note, should your authorized agent fail to submit proof that they have been authorized to act on your behalf, we will deny their request.

(U) California’s “Shine the Light” Law

Under California’s “Shine the Light” law, California residents are entitled to ask us for a notice describing what categories of personal customer information Perfect Corp. shares with third parties or corporate affiliates for those third parties or corporate affiliates’ direct marketing purposes. That notice will identify the categories of information shared and will include a list of the third parties and affiliates with which it was shared, along with their names and addresses. If you are a California resident, and would like a copy of this notice, please submit a written request to privacyteam@perfectcorp.com

(V) Illinois Biometric Information Privacy Act (BIPA)

We may collect and process your biometric information for the purpose of providing personalized products or services. We do not and will not use facial recognition or identification technology in providing our products or services. Under BIPA, we must inform you of how we collect and process Biometric Information (as defined under BIPA) as a result of the products and services we provide to you, namely the virtual makeup looks based on your favourite products.

Biometric Information Defined. As used in this policy, “Biometric Information” includes both “biometric identifiers” and “biometric information” as defined in the Illinois Biometric Information Privacy Act, 740 ILCS § 14/1, et seq. “Biometric identifier” means a retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry. “Biometric information” means any information, regardless of how it is captured, converted, stored, or shared, based on an individual’s biometric identifier used to identify an individual.

Purpose for Collection of Biometric Information. Perfect collects, processes, and stores your Biometric Information through our mobile applications, allowing you in real-time to engage our products and services such as, but not limited to, creating and sharing beautiful photos and selfies, trying virtual makeup looks with your favourite products, and editing videos. For example, our YouCam Makeup application allows users to undergo a true-to-life virtual makeover using our world-class facial mapping technology. Specifically, for the processing of facial characteristics information, we will only detect your facial feature vectors in order to apply real-time virtual try-on effects thereon, upon your usage of our Apps.

Authorization. By using our applications to engage our products and services you acknowledge that you have read Perfect’s BIPA Privacy Policy. You further acknowledge and voluntarily consent to Perfect, its affiliates, and service providers collecting, processing, and storing your Biometric Information as outlined in the BIPA Privacy Policy.

You further acknowledge and confirm that you are legally able to enter into this agreement allowing Perfect, our affiliates, and service providers to collect, process, and store your Biometric Information, or you are the legally authorized representative of the user(s) who will be using Perfect’s Apps.

You further acknowledge and consent to Perfect disclosing your Biometric Information to our affiliates and service providers in providing the Services to you and as required by our ordinary business purposes.

You further acknowledge and agree that consenting to the collecting, storing, and processing of your Biometric Information is a condition to you using our products and services, including our Apps. If you do not consent to Perfect, our affiliates, and service providers collecting, storing, and/or processing your Biometric Information, or cannot legally consent, you should not use our Apps.

Disclosure. We treat your Biometric Information with care and confidentially We do not share, sell, rent, or trade Biometric Information with third parties for any promotional purposes. Where our affiliates or service providers process your `Biometric Information, they will do so solely on our instructions and comply with strict contractual requirements for the security of your Biometric Information.

Although we make every effort to preserve user privacy, we may need to disclose your Biometric Information when required by law, such as when we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order, or litigation or other legal process or action (whether or not initiated by Perfect) to protect Perfect's, our users' or third parties' rights, property or safety. We will transmit data to public authorities such as law enforcement or tax authorities only in the case of a legal obligation to do so based on a request for information from the respective authority.

Retention Schedule. Neither your facial photo/video nor your facial feature vectors will be stored in our database in any form whatsoever, whether or not you use our Apps. We do not and will not store, use, possess, retain or have access to your Biometric Information after your use of the Services our products and services has completed, at which time the initial purpose for collecting, capturing, storing, using, receiving or otherwise obtaining the Biometric Information has been satisfied. At no time, during or after your use of the Services, will any of your Biometric Information be stored on or received, possessed or otherwise obtained by any server, system or location outside of the device you use to access the Services. However, if you choose to opt-in to our services or submit a request for "get photo" /”save and share” via email, we will temporarily store your photos used to extract facial features in our email server, for no longer than 2 years, in order to send to you as instructed by you. After such time, we permanently destroy all copies of your Biometric Information in our possession and ensure that our service providers do the same. If you choose to delete your account, we delete things you have posted, such as your photos and status updates, Unless subjected to a valid warrant, subpoena issued by a court of competent jurisdiction, or other legal or regulatory proceeding, we will comply with this retention schedule and destruction guidelines.

In some instances, Perfect is a vendor for other businesses through our “YouCam for Web” platform. In this case users submit their email address and photos and are able to download their photos within 24 hours after it is captured, and upon lapse of this time frame, the photo will be permanently deleted from Perfect’s server.

Data Storage. Perfect uses a reasonable standard of care to store, transmit, and protect the Biometric Information collected from unwarranted disclosure. We store, transmit, and protect your Biometric Information in a manner that is the same as or more protective than the manner in which we protect and handle our Company’s confidential and sensitive information.

(W) Contact Us

If you have questions or concerns with respect to our Privacy Policy, you may contact us at privacyteam@perfectcorp.com

(X) Definitions