Privacy Policy

Effective Date: February 24, 2025

This Privacy Policy explains how Profaile GmbH ("Profaile," "Real Fake Photos," "we," "us," or "our") collects, uses, discloses, and safeguards your personal data when you access or use our website, mobile applications, and related services (collectively, the "Services"). We are a Swiss-based company with customers primarily in Germany, Europe, and the United States. This Policy is designed to comply with applicable data protection laws, including the Swiss Federal Act on Data Protection (FADP) and the EU General Data Protection Regulation (GDPR). Please review this Policy carefully.

1. Data Controller and Contact Information

Profaile GmbH

Guggachstrasse 6
8057 Zürich, Switzerland

Email: info@profaile.com
Phone: +49 172 4933196

If you have any questions or concerns regarding this Privacy Policy or our data practices, please contact us using the details above.

2. Definitions

  • Personal Data: Any information relating to an identified or identifiable natural person.
  • Processing: Any operation or set of operations performed on Personal Data, whether automated or manual.
  • Services: Our website, mobile applications, and any related services provided by Profaile GmbH.
  • Service Providers: Third-party companies that help us operate our Services, including AWS, PostHog, Rewardful, Vercel, Runpod, and providers of AI models.
  • AI Models: Open source image generation tools (e.g., Stable Diffusion and similar models) that we use to create personalized avatars based on your uploaded images.
  • Uploaded Images: Photos or videos you provide for the purpose of generating personalized avatars or other services.
  • 3. Data We Collect

    A. Data You Provide Directly
  • Account Information: Name, email address, gender, and any other information you provide during registration or account creation.
  • Uploaded Images: Photos or videos you upload for avatar generation or related features.
  • Communications: Any information you provide when contacting our support team or communicating with us for any reason.

  • B. Data Collected Automatically
  • Device and Usage Data: Information about your device (e.g., IP address, device identifiers, browser type, operating system) and details of your usage (e.g., pages visited, features accessed).
  • Analytics Information: Data collected via analytics tools such as PostHog to help us understand user behavior and improve our Services.
  • Cookies and Tracking Technologies: Information gathered through cookies and similar mechanisms; please refer to our Cookie Policy for further details.
  • 4. How We Use Your Data

    We use your Personal Data for the following purposes:

    Service Provision and Enhancement:
  • To operate, personalize, and improve our Services.
  • To generate personalized avatars using AI models by processing your uploaded images.
  • To maintain a copy of the personalized AI model (derived from your images) for future use—while your original images are deleted immediately after processing.

  • Account Management and Support:
  • To manage your account and provide customer support.
  • To respond to your inquiries and improve our communication.

  • Analytics and Research:
  • To monitor usage trends and improve our product offerings using aggregated, pseudonymized data.

  • Marketing and Referrals:
  • To send you updates, offers, or event notifications (only with your consent).
  • To manage our referral program via Rewardful.

  • Legal and Regulatory Compliance:
  • To comply with our legal obligations and enforce our contractual rights.
  • To protect the rights, property, and safety of Profaile, our users, and the public.

  • Legal Bases for Processing:
    Our processing activities are based on your consent (where applicable), the performance of a contract, our legitimate interests, and compliance with legal obligations.

    5. Data Processing by Third Parties

    To deliver our Services, we engage the following third-party providers:

    Amazon Web Services (AWS):
  • For the secure storage of uploaded images and generated content.
  • Note: AWS data centers are located in Europe (Ireland and Frankfurt); we implement appropriate safeguards for any cross-border data transfers.

  • PostHog:
  • For analytics to monitor user behavior and improve our Services.

  • Rewardful:
  • To manage our referral program.

  • Vercel:
  • For hosting our website and related applications.

  • Runpod:
  • For GPU hosting to support resource-intensive processing tasks.

  • AI Model Providers:
  • For deploying open source image generation models (such as Stable Diffusion) to process your uploaded images and generate personalized avatars.

  • All our Service Providers are contractually bound to maintain the confidentiality and security of your Personal Data and to process it solely in accordance with our instructions and applicable data protection laws.

    6. Image Processing and AI Services

    For features like personalized avatar generation:

    Uploading and Processing:
    You are required to upload a set number of photos (typically between 10 to 20) to allow our AI models to generate personalized avatars.

    Immediate Deletion of Originals:
    Once the avatars are successfully generated, your original images are permanently deleted from our servers.

    Retention of Processed Data:
    A personalized copy of the AI model, retrained with your images, may be retained solely for the purpose of offering you streamlined future services. This model copy is not used for general training or to create any additional products without your explicit consent.

    Privacy Assurance:
    Your images and generated avatars are never used to identify you or for authentication, advertising, or marketing purposes, unless you have expressly consented to such uses.

    7. Data Transfers

    Your Personal Data may be transferred to and stored in countries outside the European Economic Area (EEA), including the United States. In such cases, we ensure that appropriate safeguards (e.g., standard contractual clauses) are in place to protect your data in accordance with applicable laws.

    8. Data Retention

    Account and Profile Data:
    We retain your account information for as long as your account is active or as necessary to fulfill our contractual obligations.

    Uploaded Images:
    Images used for generating avatars are deleted immediately after successful processing.

    Generated Content:
    Avatars and similar content are stored securely until you choose to delete them or terminate your account.

    Other Data:
    We may retain other communications or support-related data for a reasonable period to comply with legal obligations, resolve disputes, or enforce our agreements.

    9. Data Security

    We implement industry-standard technical and organizational measures to protect your Personal Data from unauthorized access, alteration, disclosure, or destruction. However, please note that no security system is impenetrable, and we cannot guarantee absolute security.

    10. Your Rights

    Depending on your jurisdiction, you may have the following rights regarding your Personal Data:

    Right of Access:
    You may request access to the Personal Data we hold about you.

    Right to Rectification:
    You may request corrections to any inaccurate or incomplete data.

    Right to Erasure:
    You may request that your Personal Data be deleted, subject to any legal obligations.

    Right to Restrict Processing:
    You may request a restriction on how your data is processed.

    Right to Data Portability:
    You may request your data in a structured, machine-readable format.

    Right to Object:
    You may object to the processing of your data based on your particular circumstances.

    Right to Withdraw Consent:
    Where processing is based on your consent, you may withdraw it at any time. This will not affect the lawfulness of processing prior to withdrawal.

    To exercise these rights, please contact us using the details provided above. We may require proof of identity to ensure the security of your data before processing your request.

    11. Cookies and Tracking Technologies

    We use cookies and similar tracking technologies to enhance your experience, analyze usage, and provide personalized content. For further details on our cookie practices and how you can manage your preferences, please refer to our Cookie Policy.

    12. Children's Privacy

    Our Services are not directed to individuals under the age of 18. We do not knowingly collect Personal Data from minors. If you believe we have inadvertently collected data from a child under 18, please contact us immediately so that we can delete the information.

    13. Updates to This Privacy Policy

    We may update this Privacy Policy periodically to reflect changes in our practices or legal requirements. The latest version will be posted on our website, and the "Effective Date" will be updated accordingly. We encourage you to review this Policy regularly.

    14. Legal Disclaimer

    This Privacy Policy is provided for informational purposes only and does not constitute legal advice. We strongly recommend that you consult with legal counsel to ensure that our data practices meet all applicable legal requirements.

    15. Contact Us

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

    Profaile GmbH
    Guggachstrasse 6
    8057 Zürich, Switzerland
    Email: info@profaile.com
    Phone: +49 172 4933196

    By using our Services, you acknowledge that you have read, understood, and agree to this Privacy Policy.