Privacy Policy

Last updated: Mar 15, 2023

The privacy practices described in this privacy policy (this “Privacy Policy”) relate to how we handle and use any data collected about you with respect to the Filma mobile application (the "Filma App") and associated website and services. This Privacy Policy informs you of the data we collect, the methods of collection, its usage, security, your rights and other privacy-related disclosures.

We use your data to provide and improve the Filma App and services. By using the Filma App and services, you agree to the collection and use of your data in accordance with this Privacy Policy. Unless otherwise defined in this Privacy Policy, the terms used in this Privacy Policy have the same meanings as in our Terms of Service (please, also read and accept the Terms of Service).

1. Information about us (data controller)

The Filma App and associated services are provided by and registered under the trading name Miguel Lorenzo, with Australian Business Number (ABN) 53 808 502 460. We will decide how personal data about you is used under this Privacy Policy and in accordance with the Privacy Act of 1988 cth and all applicable laws. If you have any questions regarding personal data and privacy, please reach out to us via support@filma.app or the “contact us” section of the Filma App.

2. Data collection and use

We will collect certain data (which may be personal or anonymous) in order to provide the Filma App and services, process your payments, improve the Filma App and communicate with you where relevant. Some of the data we collect may be provided by you willingly, collected by us automatically (through cookies and third-party tools) or through your permission. Below are the categories of data collected and why:

The data you provide willingly

We collect the data you submit to us willingly. This data may be submitted by you under the below circumstances:

• Personal data: Personal data is any data (or information) that can identify you. This may include your picture, email address, IP Address and name. Where we collect personal data in relation to the Filma App and services, we try as much as possible to keep you anonymous via various measures.
• Contact data: If you contact us via our email address or the “contact us” form, we will retain the email address with which you reached out. This will enable us to reply to your questions, complaints or enquiries.
• Registration and profile data: When you use the “Sign in with Apple” feature provided by Apple Inc. (“Apple”) to create an account on the Filma App, we will automatically collect the data you have with Apple, including your Apple ID and email address, to create an account for you. The data we will have access to when you use this feature includes your username and email address (if you share it). We will only collect this data to provide you with a Filma account to enable you to use certain features. Also, we will collect the data you submit when you fill the sections on your profile, including your profile image, bio and social media profile links (some of which are optional).
• Payment method data: To process your payments for any in-app purchase, we will collect the payment method set up on Apple. We do not store any payment method data on our database. All payments are handled and processed by Apple as a third-party service provider.
• Content data: If you submit content on the Filma App, including commenting on posts created by other users and sharing your license, the data contained in your submission will be collected and retained on the particular area of the Filma App. We will not reveal any personal data when you submit contents unless you willingly share such data.

The data we collect automatically

We use cookies and third-party tracking tools to collect certain data – mostly anonymous – from you when you access the Filma App. We gather this data using Google Inc’s (“Google”) Firebase, Facebook's SDK and Apple’s provided metrics.

• Usage data: When users download or access the Filma App by or through an Apple device, we may collect certain anonymous data, including, but not limited to, the number of users and downloads, the type of device used, the device unique ID, the IP address of the device and Operating System (OS), the type of mobile Internet browser, unique device identifiers and other diagnostic data. We also collect the details of crash reports. This data helps us to enforce our Terms of Service and comply with applicable laws.
• Transaction data: If you purchase any premium features on the Filma App, we will automatically collect the details of that transaction, which may include the feature purchased, the amount paid, the date and time and the payment method used (with no personal data).
• Face Tracking and Object tracking usage: When you make use of our Tracking features (Face Tracking or Object Tracking), we record the position of these features locally on the Filma App's database with no link at all to any identity. The only data gathered from the detection is the position or location of these objects in order to be able to link or perform video editing tasks such as overlays, effects or adjustments on the media that will use the position data to move along with the subject detected (face or object selected). This unlinked to identity and abstract data will always be located inside the Filma App and won't be shared with any other party.

Data from your permissions

To provide certain features of the Filma App (such as importing your pictures, videos, music and send you notifications), we may require access to certain features in your device, including camera, gallery and push notifications. We will only obtain access to these features strictly by your permission (when you allow it). And where you wish to revoke your permission, you may do so by using the “permission” settings on your Apple device.

3. Cookies and third-party service and tools

Cookies

We (and third-party service providers) use cookies and similar tracking technologies to track the activity on the Filma App and hold certain data. Cookies are files with a small amount of data that may include an anonymous unique identifier. Cookies are sent and stored on your device when you access our website or the Filma App. Other tracking technologies also used are beacons, tags and scripts, and they are used to collect and track data and to improve and analyse our service. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions or features of the Filma App or service.

Examples of the cookies we use are:

• Session Cookies. We use Session Cookies to operate our service. These types of cookies only last for a browsing session. They expire when you close your browser or Filma App.
• Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
• Security Cookies. We use Security Cookies for security purposes – to secure the Filma App and website.

Third-party service and tools

We may use third-party service providers to monitor and analyse the use of the Filma App and service. We use Firebase, a third-party tool provided by Google and Apple’s services to gather some of the data we gather automatically above.

• Google’s Firebase: Firebase is a third-party software provided by Google. It helps us store data and gathers some of the data above. You may opt out of certain Firebase features through your device settings or by following the instructions provided by Google in their privacy policy. We also encourage you to review Google's policy for safeguarding your data. For more information on what type of data Firebase collects, please visit the Google Privacy & Terms web page here.
• Facebook's SDK: We use Facebook SDK to enable Facebook Automatic App Events, which help us improve our app and understand how users interact with it. This includes tracking app installs, launches, and in-app purchases. We may also collect device information such as device identifiers and attributes to further improve the user experience. For more information on how Facebook collects and processes data, please review Facebook's Data Policy.
• Apple services: Apple helps us with certain services, including, without limitation, gathering anonymous usage data, processing payments and distributing the Filma App. To understand how Apple maintains your privacy, please read the Apple privacy policy.

4. Use of collected data

We use the data we collect above primarily to provide the Filma App and service. More detailed uses include:

• To provide and maintain the Filma App and service;
• To enable you import your content to the Filma App;
• To process your payments for any in-app purchase;
• To enable you share your content to your social media profiles, friends, family and other users;
• To notify you about new features or changes to the Filma App and other administrative messages, and to provide customer care and support;
• To allow you to participate in interactive features of the service when you choose to do so;
• To provide analytics or valuable information that we can use to improve the Filma App and service;
• To monitor your use of the Filma App and identify the parts that need improvements and upgrades;
• To comply with applicable laws; and
• To fulfil any other purposes disclosed at the time of collection.

5. Data sharing and disclosure

We do not share or disclose personal data about you to third parties for them to market to you. We will only disclose or share personal data about you unless as described below or as described to you at the time of disclosure.

Disclosure to service providers

We may hire the services of third-party service providers to perform services such as payment processing, app hosting and distribution, database management and storage, fraud detection, analytics gathering and app maintenance. These service providers may have access to certain personal data about you (for example, we store your data using Google’s Firebase).

Disclosure to other users

If you share certain content with other users of the Filma App, or you comment on another user’s content, such users will have access to any personal data attached to such content. Also, the data on your profile (including any profile image) may be accessed by any user who navigates to your profile area.

Disclosure to users of other services

If you share content through the social media sharing features on the Filma App, any personal data attached to such content will be accessible to any user who accesses such content.

Disclosure under the law

We may disclose personal data in the good faith belief that such disclosure is necessary to: (i) comply with a legal obligation, (ii) protect and defend our rights or property, (iii) prevent or investigate possible wrongdoing in connection with the Filma App, (iv) protect the personal safety of users of the Filma App or the public, or (v) protect against legal liability.

Disclosure under a business transfer

We may disclose personal data in the event of an acquisition, consolidation, sale of assets or merger between us and another company or entity.

6. Security of data

We care about your privacy – we try as much as possible to keep you anonymous at all times. We do not collect any personal data from you unless it is necessary to provide you with the service. This is why we let you sign up to use the Filma App using Apple’s anonymous “Sign in with Apple” feature. We only share personal data about you as described in this Privacy Policy. And where necessary, we provide an anonymous function to keep you private, including where you comment on posts.

Also, we save and secure the collected data on Google’s secure cloud storage, Firebase. We do not have access to any payment method data you use for any payment made in relation to any in-app purchase. Such payments are handled by Apple securely.

However, due to the nature of the internet, we cannot guarantee that your personal data will always be private or that unauthorised parties will not access it. We use commercially reasonable measures to safeguard your privacy, but we cannot give a 100% guarantee.

7. Retention of data

Unless you request that we remove some data about you (as described under your rights below), we will retain your data with us for as long as you use the Filma App. However, when you request to delete certain data about you, we may be unable to delete specific data for business continuity purposes or in line with applicable legal requirements. IP Addresses collected will be retained in accordance with Google’s retention policy. Firebase logs and retains your IP address temporarily. To find out more about Firebase’s retention period, click here.

8. International transfer of data

Your data may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those in your jurisdiction (for example, Apple may process your payments from the United States).

If you are located outside Australia and choose to provide personal data to us, please note that your data will be processed in accordance with this Privacy Policy subject to the Privacy Act of 1988 cth. However, when we transfer personal data to our service providers, we ensure they use it in accordance with this Privacy Policy. Your consent to this Privacy Policy followed by your submission of such data represents your agreement to that transfer.

For transfers of data about users in the European Union (EU) and countries under the General Data Protection Regulation (GDPR), we rely on the European Commission’s approved data transfer mechanisms.

9. Do Not Track signals

Your browser may contain a Do Not Track (“DNT”) signal, which may be transmitted to websites and services you visit to stop tracking your navigations on such websites and services. Under California’s CalOPPA, we are required to tell you if we respond to DNT signals. At this time, we do not respond to DNT signals. You may find out more about DNT signals at www.allaboutdnt.com.

10. Your data rights and choices

In relation to the data we hold about you, you have the following rights and choices (in addition to the rights and choices already discussed under this Privacy Policy):

• You may request access to and correct the data we hold about you at any time. You may access your profile area at any time and correct the data available therein, including your picture, bio, social media account, etc.
• You may remove the personal data and user account you have with us to the extent possible. You may sign off your account and delete it via the “remove account” button of your Filma profile section.
• You have a choice to not provide any data we require from you. However, where such data requested will help us to provide a service or function, please be aware that we may not be able to provide such function or service if you do not provide the data.

11. Additional disclosures for users in the EU

If you are using the Filma App and service from the European Union (“EU”) or any country under the General Data Protection Regulation (“GDPR”), this section applies to you.

We are required to process and transfer personal data about you in accordance with the GDPR. As described above, we are your data controller. We will only process your personal data under the following legal basis:

• Consent: We will collect some of the personal data above if you expressly consent to it (for example, where you sign up to use the Filma App and provide your data).
• Legal obligations: We will collect some data, such as transaction data, to comply with our legal obligations (for example, where we are required by applicable law to keep records).
• Legitimate interest: We will collect certain data automatically where such collection satisfies our legitimate interest (for example, where we gather usage data so as to identify how the Filma App is used and provide improvements).
• Contract performance: We will collect certain data in order to fulfil our obligations to you.

In addition to the rights and choices discussed in the section above, you have the following rights in relation to your data:

• The right to limit processing: It may sometimes be possible to restrict the processing of your data so that it can only be used for specific purposes (for example, for legal claims or to exercise legal rights). In such situations, we would not use or share your data in other ways while processing is restricted. You can ask us to restrict the use of your data if (i) it is inaccurate, (ii) it has been unlawfully used, but you do not want us to delete it; (iii) it is no more relevant, but you want us to keep it for use in legal claims, and (iv) you have already requested that we stopped using it, but you are waiting for us to tell you if we are allowed to keep using it.
• Right to object to profiling: The GDPR gives you the right to object to the processing of your data. This effectively allows you to ask us to stop processing your certain personal data (for example, where we use your email address to send you newsletters, you will have the right to opt out).
• Right to portability: The right to data portability permits you to collect and reuse your data for any purposes across different services. It allows you to move, copy or transfer your data easily from our service to another service in a safe and secure way, without affecting its usability.
• Right to reporting: You have the right to report us to any data authority in the location you are if you believe that we are unlawfully processing your data.

You may exercise the above rights by reaching out to us at support@filma.app or using the profile area of your Filma account where possible.

12. Additional disclosure for users in California

If you are using the Filma App from the State of California, the United States, this section applies to you. Under the California Consumer Privacy Act (“CCPA”), you have the below additional rights in relation to your data:

• The rights to know about the data we collected or shared with third parties in the past 12 months calendar.
• The rights to request the deletion of personal data about you. However, be aware that this does not include (i) any data we are required by applicable law to retain (e.g., transaction data), (ii) any data that exists in copies shared with service providers, or (iii) any data you have previously shared with other users through the Filma App.
• The right to request that we remove your data from being sold or rented to third parties for them to market to you. Fortunately, we are not in the business of selling or renting out personal data to third parties for their business purposes.
• You have the right to exercise any of the above rights without us discriminating against you regardless of your race, colour, sexual orientation, religion, status or interest.

To exercise any of the above rights as a user from California, you may reach out to us via our email address at support@filma.app. Please, be aware that we may attempt to verify your location.

13. Links to third-party services

The Filma App may contain links to other apps, sites, services and content that are not operated by us. If you click on a third-party link via the Filma App, you will be directed to that third party's service. We strongly advise you to review the privacy policy of every app, site, service or content you visit via the Filma App. We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party sites or services.

14. Children's privacy

The Filma App does not address anyone under the age of 18 (“Child” or "Children"). We do not knowingly collect data from Children. If you are a parent or guardian and you are aware that your Child has provided us with personal data, please contact us support@filma.app. If we become aware that we have collected personal data from a Child without verification of parental consent, we will take steps to remove that data from our servers.

15. Changes to this Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page. We will let you know via email and/or a prominent notice on the Filma App, prior to the change becoming effective and update the "Last Updated" at the top of this Privacy Policy. You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

16. Contact us

If you have any questions about this Privacy Policy, please contact us by email: support@filma.app.