Privacy Policy

Key Definitions

HYPERZ.AI BV, along with our relevant affiliates, are collectively referred to as "HYPERZ.AI," "we", "us", and "our."

Our mobile application, denoted as HYPEGEN, is referred to as "HYPEGEN" or "application."

Individuals who utilize our services are referred to as "users", "you" or "your", as applicable.

Any interaction with the applications (including downloading, installing, registering with, accessing, or otherwise using it) is referred to as "Use."

Information that is: (i) linked with an identified or identifiable natural person and (ii) safeguarded as personal data under applicable data protection laws, is referred to in this Privacy Policy as "Personal Data."

AI Image Generation Feature

HYPEGEN employs a Neural Network Model known as Stable Diffusion, enabling users to create personalized AI Images. Users provide 10 to 20 photos and specify their gender. These data are used to retrain a copy of the Stable Diffusion model for personalization. Once the model copy is retrained, it generates Avatars. Upon generation of the Avatars, the model copy, along with the uploaded photos, are permanently removed from our servers.

We do not utilize your Personal Data for the general training and/or creation of our separate artificial intelligence/products.

While we strive to moderate the parameters of the Stable Diffusion model, there remains a possibility that you may encounter content that you perceive as inappropriate.

Introduction & Scope

We value your privacy and are dedicated to safeguarding it by adhering to this Privacy Policy. This Policy outlines our practices regarding your Personal Data and provides you with the means to manage your data effectively.

We encourage you to read this Privacy Policy thoroughly to understand our privacy practices, what data we collect, how we use and share it, and how you can control it. If you do not wish for us to process your Personal Data as described herein, please refrain from using HYPEGEN.

By using HYPEGEN, you acknowledge and agree that we provide you with tools for editing photos and videos, and for generating new content (such as through our AI Image Generation feature).

This Privacy Policy DOES NOT pertain to information that:
• We gather offline or on any of our other apps or websites (including those accessible via HYPERZ.AI), or
• You provide to or is collected by any third party (e.g., any third-party application or website linked from HYPERZ.AI).

1. Data Acquisition and Its Methodology

We may gather various types of information, including but not limited to Personal Data, from and about you in the following ways:

• Directly from you when you voluntarily provide it to us.
• Automatically during your Use of HYPEGEN (including usage details and IP addresses).
• From third parties, such as our Service Providers.

2. Information You Voluntarily Provide to Us

During your use of HYPEGEN, you typically provide us with certain information, including your Personal Data:

• Photos and/or Videos: Uploaded to use the AI Image Generation feature. We remove all associated metadata (e.g., geotags) before temporarily storing them.
• Permissions: We access your photos and videos only after you grant permission via your mobile device. You can adjust these permissions in your device settings.
• Gender: Provided to generate images according to the specified gender.
• Ethnicity and Facial Traits: Information that may be provided for personalization purposes.
• Email: Collected when you create an account and used for sign-in.
• Correspondence: Records of your communications with us, including contact details to address inquiries and improve our service.

3. Automatic Data Collection

During your use of HYPEGEN, we may automatically gather data about you, including:

• Device Information: Such as your IP address, device identifier, operating system, and mobile network info.
• Usage Details: Frequency of use, features accessed, and interactions within the application.
• Advertising IDs: IDFA or Android Advertising ID, which can be disabled in your device settings.
• In-app Purchases: Details related to your purchases for service provision and analytics.

We also use third-party analytics tools (e.g., Google Firebase, Meta, AppsFlyer, and Amplitude) to measure traffic and usage trends in an aggregated manner.

4. Processing of Your Photos and Videos

Most processing is done solely on your device, except in two cases: when applying Art Styles to your photos and when generating Avatars.

AI Image Generation: You upload 10-20 photos, which are temporarily stored on our servers (via AWS, Runpod, and Replicate) while a copy of the Stable Diffusion model is retrained. Immediately after your AI Images are generated, your original photos are deleted. Your purchased AI Images remain available in HYPEGEN until you choose to delete them.

You can also request deletion of your photos or AI Images by contacting us at info@hyperz.ai.

We do not use your photos, videos, or AI Images for identification, authentication, advertising, or to build user profiles.

5. Purposes and Legal Grounds for Processing Your Personal Data

We use your information (excluding photos and videos) for several purposes, including:

• Fulfilling contractual obligations and enforcing rights related to HYPEGEN.
• Providing support and responding to inquiries.
• Informing you about updates, account/subscription notices, security alerts, and technical notices.
• Presenting you with HYPEGEN content and other requested services.
• Monitoring aggregated metrics (e.g., total number of users, traffic, demographic patterns) for business insights.
• Improving, testing, and monitoring the effectiveness of HYPEGEN.
• Generating Avatars based on your gender identification when using the AI Image Generation feature (with data deleted immediately after generation).
• Providing personalized content and marketing communications (upon your explicit consent).
• Any other purpose described in this Privacy Policy, ensuring data is collected only as necessary.

6. Your Rights

You have the following rights regarding your Personal Data:

• Access, Modification, Correction, and Erasure: Contact us at info@hyperz.ai or use the account deletion feature in the app.
• EEA/UK Residents: Rights under the GDPR include access, rectification, restriction, erasure, portability, objection to processing, and withdrawal of consent.
• US Residents (California, Virginia, Colorado, Utah, Connecticut): Rights to request details of collected data, request deletion, and opt out of data sharing/selling.
• Complaint: The right to lodge a complaint with your local data protection authority.

If a request is unclear, we may ask for more details and will process your request within one month (with a possible two-month extension for complex cases). To opt out of promotional emails, use the opt-out links in our emails, adjust settings in HYPEGEN, or contact us directly.

7. Disclosure of Collected Information

We do not lease or trade your Personal Data to any third parties outside our Company or its Affiliates. We may disclose your data to:

• Affiliates: Companies within our corporate group that process data on our behalf.
• Service Providers: Contractors, cloud providers (Google Cloud Platform, Amazon Web Services, Runpod, Replicate), third-party analytics, email delivery services, and advertising partners.
• Legal or Control Changes: In the event of a change of control or to comply with legal requests and prevent harm.

We use secure storage and do not share your photos, videos, or AI Images with third parties except as described above.

8. Data Protection

We employ reasonable and appropriate safeguards to secure the collected information from unauthorized access, alteration, and disclosure. Our measures include:

• Encryption of your Personal Data both in transit and at rest.
• Storage on secure servers behind firewalls.
• Organizational and legal controls restricting access to Personal Data.
• Periodic data protection impact assessments and privacy audits.

While we strive to protect your data, please note that no internet transmission is completely secure.

9. Data Retention

Your Personal Data (excluding photos, videos, and AI Images) is retained for as long as your account is active or until you request deletion. Specifically:

• Your original photos are deleted immediately after successful AI Image generation, while your AI Images remain available until you choose to delete them.
• We may retain anonymized data even after deletion for analytical or legal purposes.

10. International Data Transfers

Your Personal Data may be transferred to and stored in the Netherlands or other countries. For transfers outside the EEA or the UK, we ensure appropriate safeguards (such as Standard Contractual Clauses, the UK Addendum, or adequacy decisions) are in place. Our operational servers are located in the USA, and analytics may be processed in other countries as described.

For more information, please contact us at info@hyperz.ai.

11. Protection of Minors

HYPEGEN is not designed for or targeted at children under 13. We do not knowingly collect data from anyone under 13. For residents of the EEA, you must be at least 16 years old to use HYPEGEN. If you believe we have collected information from a child under 13, please contact us immediately.

12. Third-Party Websites and Services

We are not responsible for the privacy practices of websites or services linked to or from HYPEGEN. We encourage you to review the privacy policies of any third-party sites before providing information.

13. Contact Information

If you have any questions about this Privacy Policy or HYPEGEN, please contact us via email at info@hyperz.ai or at:

HYPERZ AI B.V.
Regulusweg 5, 2516AC
The Hague, The Netherlands

EEA/UK residents wishing to exercise their rights may also contact our Data Protection Officer at the same email address.

14. Updates to Our Privacy Policy

The date this Privacy Policy was last revised is indicated at the top of the page. We may modify or update this Privacy Policy from time to time. While some changes do not require your consent, if a change may pose a risk to your rights and freedoms, we will ask for your consent separately. If you do not consent to such changes, those changes will not apply to you, which may affect certain HYPEGEN services.

How to Contact Us

If you have any questions about this Privacy Policy or HYPEGEN, please contact us via email at info@hyperz.ai or our mailing address:

HYPERZ AI B.V.
Regulusweg 5, 2516AC
The Hague, The Netherlands