Privacy Policy

1. Information We Collect

1.1 Information You Provide Directly

When you create an account and use Instagen, we may collect the following:

• Account Information. Your name, email address, and password (stored in hashed form) when you register for an account.
• Profile Information. Any optional profile details you choose to provide, such as a display name or profile photo.
• User Content. Photos and videos you upload or create within the App for editing and processing purposes.
• Communications. Information you provide when you contact our support team, submit feedback, or otherwise communicate with us.

1.2 Information Collected Automatically

When you use the App, certain information is collected automatically:

• Device Information. Device model, operating system version, unique device identifiers, and mobile network information.
• Usage Data. Information about how you interact with the App, including features used, actions taken, time spent, and frequency of use.
• Log Data. Error logs, crash reports, and diagnostic data to help us identify and fix technical issues.
• Approximate Location Data. Like most online services, our servers may infer your approximate location (such as city or region) from your IP address when you connect to our services. This does not require access to your device's location services and cannot identify your precise location.

1.3 Information from Third-Party Services

If you choose to sign in using a third-party service (such as Apple Sign-In or Google), we may receive basic profile information from that provider in accordance with their privacy policies and your privacy settings.

2. How We Use Your Information

We use the information we collect for the following purposes:

• Provide and Operate the App. To create and manage your account, deliver photo and video editing features, and process your content through our cloud-based AI editing services.
• Cloud AI Processing. Your photos and videos are transmitted to third-party AI service providers for AI-powered editing and processing, as described in detail in Section 3 below.
• Improve the App. To understand usage patterns, diagnose technical issues, and develop new features and enhancements.
• Communicate with You. To send service-related notices, respond to your inquiries, and provide customer support.
• Ensure Safety and Security. To detect, prevent, and address fraud, abuse, security risks, and technical issues.
• Comply with Legal Obligations. To fulfill our obligations under applicable laws and regulations.

3. Third-Party AI Data Processing

3.1 Overview

Instagen uses third-party artificial intelligence services to provide its core photo and video editing features. When you use these features, certain data is transmitted to external AI service providers for processing. We will always ask for your explicit consent before sending any of your data to a third-party AI service. The App will present a clear consent prompt the first time you use an AI-powered feature, and you may withdraw your consent at any time through the App settings.

3.2 What Data Is Sent

When you use AI-powered editing features, the following data may be transmitted to third-party AI service providers:

• Photos and images you select for editing or enhancement within the App
• Videos you select for editing, enhancement, or generation within the App
• Text prompts and editing instructions you provide to guide the AI processing (e.g., style selections, effect descriptions, editing parameters)
• Technical metadata necessary to process your request, such as image dimensions, file format, and duration of video content

3.3 Who Your Data Is Sent To

Your content may be processed by any of the following third-party AI service providers:

Each provider processes your data solely to perform the AI editing operations you request. We select which provider processes a given request based on the specific feature or editing tool you use within the App.

3.4 How Third-Party Providers Handle Your Data

Each third-party AI provider is subject to their own privacy policy and data handling practices:

• Google Gemini: Data sent via the Gemini API is processed in accordance with Google's API data usage policies. For details, see Google's Privacy Policy.
• OpenAI: Data sent via the OpenAI API is processed in accordance with OpenAI's API data usage policies. For details, see OpenAI's Privacy Policy.
• Kling AI (Kuaishou Technology): Data sent to Kling AI is processed in accordance with Kuaishou's privacy policies. For details, see Kling AI's terms and privacy information.
• Luma AI: Data sent to Luma AI is processed in accordance with Luma AI's privacy policy. For details, see Luma AI's Privacy Policy.

We require that all third-party AI service providers handle your data in a manner consistent with this Privacy Policy and applicable data protection laws. However, once your data is transmitted to these providers, their handling of that data is also governed by their respective privacy policies.

3.5 Your Consent and Control

• Explicit Consent Required. Before any of your content is sent to a third-party AI service for the first time, the App will present a clear consent prompt explaining what data will be shared and with whom. You must affirmatively opt in before any data is transmitted.
• Withdraw Consent. You may withdraw your consent to third-party AI processing at any time through the App settings. If you withdraw consent, AI-powered editing features will become unavailable, but you may continue to use any non-AI features of the App.
• Per-Feature Transparency. The App will indicate which AI service provider is being used for each editing feature at the point of use.

3.6 Face Data

Instagen does not collect, store, or process face data in any form. The App does not use facial recognition, facial detection, Face ID, ARKit face tracking, the Vision framework for face analysis, or any other technology that identifies, analyzes, or extracts facial features or geometry.

When you submit a photo or video that contains a person's face, the image is processed as a whole — the same way a landscape, object, or any other image would be processed. The AI applies artistic style transformations (such as "watercolor painting" or "cinematic look") to the entire image. No part of the face is isolated, identified, mapped, measured, or treated differently from any other part of the image.

Specifically:

• Face data is not collected or retained by Instagen or Visionairy LLC at any point during or after processing.
• Face data is not shared with third parties. Because we do not collect face data, there is no face data to share. The third-party AI service providers listed in Section 3.3 receive whole images for artistic style transfer only — they do not receive any isolated facial data, facial feature maps, or biometric identifiers.
• Third-party AI providers do not store face data from Instagen. Images sent for processing are used solely to generate the styled output and are handled in accordance with each provider's data retention policies (see Section 3.4).

4. Data Sharing and Disclosure

We may disclose your information only in the following limited circumstances:

• Service Providers. We may engage trusted service providers who perform services on our behalf (such as cloud hosting and infrastructure). These providers are contractually obligated to protect your data and may only use it to perform services for us.
• Legal Requirements. We may disclose your information if required to do so by law, or in response to valid legal process such as a subpoena, court order, or government request.
• Safety and Rights Protection. We may disclose information when we believe in good faith that disclosure is necessary to protect the safety of any person, to address fraud or security issues, or to protect our legal rights.
• Business Transfers. In the event of a merger, acquisition, reorganization, or sale of assets, your information may be transferred as part of that transaction. We will notify you of any such change in ownership or control.

5. Data Retention

We retain your personal information for as long as your account is active or as needed to provide you with our services. Specifically:

• Account Data is retained until you delete your account.
• User Content (photos and videos) uploaded for processing is retained on our servers only as long as necessary to complete operation.
• Data Held by Third-Party AI Providers. Data transmitted to third-party AI service providers for processing is subject to the retention policies of those providers as described in their respective privacy policies (see Section 3.4).
• Usage and Log Data is retained in aggregate or anonymized form for analytics purposes and may be kept for up to 24 months.

When you delete your account, we will delete or anonymize your personal information within 30 days, except where we are required by law to retain it longer.

6. Data Security

We implement appropriate technical and organizational measures to protect your personal information, including encryption in transit (TLS/SSL) and at rest, access controls, and regular security assessments. However, no method of electronic transmission or storage is completely secure, and we cannot guarantee absolute security.

7. Your Rights and Choices

Depending on your location, you may have the following rights regarding your personal information:

7.1 All Users

• Access and Update. You may access and update your account information through the App settings at any time.
• Delete Your Account. You may request deletion of your account and associated data by contacting us or through the App settings.
• Push Notifications. You may opt out of push notifications through your device settings.
• Camera and Photo Library Access. You may manage the App's access to your camera and photo library through your device settings.
• AI Processing Consent. You may grant or withdraw consent for third-party AI processing at any time through the App settings.

7.2 European Economic Area, United Kingdom, and Switzerland (GDPR)

If you are located in the EEA, UK, or Switzerland, you have additional rights under the General Data Protection Regulation (GDPR):

• Right of Access. You may request a copy of the personal data we hold about you.
• Right to Rectification. You may request that we correct inaccurate or incomplete data.
• Right to Erasure. You may request that we delete your personal data, subject to certain legal exceptions.
• Right to Restrict Processing. You may request that we limit how we use your data in certain circumstances.
• Right to Data Portability. You may request a copy of your data in a structured, commonly used, machine-readable format.
• Right to Object. You may object to our processing of your data where we rely on legitimate interests as our legal basis.
• Right to Withdraw Consent. Where processing is based on your consent, you may withdraw that consent at any time without affecting the lawfulness of prior processing.

Our legal bases for processing your personal data under the GDPR include performance of a contract (providing the App's services to you), your consent (for location data and optional features), legitimate interests (improving the App, ensuring security), and compliance with legal obligations.

To exercise any of these rights, please contact us using the details in Section 13 below. We will respond to your request within 30 days.

7.3 California Residents (CCPA/CPRA)

If you are a California resident, you have rights under the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA):

• Right to Know. You may request details about the categories and specific pieces of personal information we have collected about you.
• Right to Delete. You may request that we delete personal information we have collected from you.
• Right to Correct. You may request that we correct inaccurate personal information.
• Right to Opt-Out of Sale or Sharing. We do not sell or share your personal information as defined under the CCPA/CPRA.
• Right to Non-Discrimination. We will not discriminate against you for exercising your privacy rights.

To submit a request, please contact us using the details in Section 13. We will verify your identity before fulfilling your request.

7.4 Brazil (LGPD)

If you are located in Brazil, you have rights under the Lei Geral de Proteção de Dados (LGPD), including the right to access, correct, anonymize, block, or delete your data, and the right to data portability. Contact us using the details in Section 13 to exercise these rights.

7.5 Other Jurisdictions

If you reside in another jurisdiction that grants privacy rights over your personal data, we will honor those rights in accordance with applicable local law. Please contact us with your request.

8. International Data Transfers

Visionairy LLC is based in the United States. If you access the App from outside the United States, your information may be transferred to, stored, and processed in the United States or other countries where our service providers operate. These countries may have data protection laws that differ from those in your jurisdiction. We take appropriate safeguards to ensure your data is protected in accordance with this Privacy Policy and applicable law, including the use of Standard Contractual Clauses where required.

9. Children's Privacy

Instagen is not intended for children under the age of 13. We do not knowingly collect personal information from children under 13. If we learn that we have collected personal information from a child under 13, we will promptly delete that information. If you believe a child under 13 has provided us with personal information, please contact us immediately using the details in Section 13.

10. Third-Party Links and Services

The App may contain links to third-party websites or services that are not operated by us. We are not responsible for the privacy practices of those third parties. We encourage you to review the privacy policies of any third-party services you access.

11. Changes to This Privacy Policy

We may update this Privacy Policy from time to time. When we make material changes, we will notify you by posting the revised policy within the App and updating the "Last Updated" date above. For significant changes, we may also provide notice through an in-app notification or email. Your continued use of the App after the effective date of the revised policy constitutes your acceptance of the changes.

12. Data Protection Officer

For users in the EEA, UK, or other jurisdictions that require one, inquiries may be directed to our Data Protection Officer at the contact information below.

13. Contact Us

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