Privacy Policy

Privacy Policy of NEVER
Aug 29, 2023

This Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your information when You use NEVER and tells You about Your privacy rights and how the law protects You.

We use Your Personal data to provide and improve NEVER. By using our services, You agree to the collection and use of information in accordance with this Privacy Policy.

1. Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of this Privacy Policy:

Account means a unique account created for You to access NEVER or parts of NEVER.

Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Totality Corp Pte Ltd, Singapore.

Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.

Country refers to: Singapore

Device means any device that can access NEVER such as a computer, a cellphone or a digital tablet.

Personal Data is any information that relates to an identified or identifiable individual.

Service refers to the Website.

Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.

Third-party Social Media Service refers to any website or any social network website through which a User can log in or create an account to use the Service

Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

Website refers to https://www.never.tech/

You means the individual accessing or using the NEVER, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable, and are referred to as “users” or “yours”.

2. Collecting and Using Your Personal Data

Types of Data Collected

Personal Data

While using NEVER, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:


Email address
First name and last name
Phone number
Address, State, Province, ZIP/Postal code, City
Usage Data

Usage data

Usage Data is collected automatically when using NEVER.

Usage Data may include information such as Your Device's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of NEVER that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data

When You access NEVER by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.

We may also collect information that Your browser sends whenever You visit NEVER or when You access NEVER by or through a mobile device.

When you choose to use the Image Template feature, you provide your gender identification, which is used to retrain the separate copy of the Stable Diffusion model to generate Avatars based on your particular images. It is our contractual obligation to ensure that we provide you with the requested service.

Information from Third-Party Social Media Services

The Company allows You to create an account and log in to use NEVER through the following Third-party Social Media service

  • Google
  • Facebook
  • Apple ID

The company may at its discretion include other social media platforms for login into NEVER.

If You decide to register through or otherwise grant us access to a Third-Party Social Media Service, We may collect Personal data that is already associated with Your Third-Party Social Media Service's account, such as Your name, Your email address, Your activities or Your contact list associated with that account.

You may also have the option of sharing additional information with the Company through Your Third-Party Social Media Service's account. If You choose to provide such information and Personal Data, during registration or otherwise, You are giving the Company permission to use, share, and store it in a manner consistent with this Privacy Policy.

Tracking Technologies and Cookies

We use Cookies and similar tracking technologies to track the activity on NEVER and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze NEVER. The technologies We use may include:

  • Cookies or Browser Cookies: A cookie is a small file placed on Your Device. 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 parts of NEVER. Unless you have adjusted Your browser setting so that it will refuse Cookies, NEVER may use Cookies.
  • Web Beacons: Certain sections of NEVER and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity).
  • Cookies can be "Persistent" or "Session" Cookies. Persistent Cookies remain on Your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close Your web browser.

We use both Session and Persistent Cookies for the purposes set out below:

Necessary / Essential Cookies
Type: Session Cookies
Administered by: Us
Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.

Cookies Policy / Notice Acceptance Cookies
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies identify if users have accepted the use of cookies on the Website.

Functionality Cookies
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.

For more information about the cookies we use and your choices regarding cookies, please visit our Cookies Policy or the Cookies section of our Privacy Policy.

Use of Your Personal Data

The Company may use Personal Data for the following purposes:

To provide and maintain NEVER, including to monitor the usage of NEVER. When you choose to use the Image Templates feature, you provide your gender identification, which is used to retrain the separate copy of the Stable Diffusion model to generate Avatars based on your particular images. It is our contractual obligation to ensure that we provide you with the requested service. This data is deleted immediately after the Avatars are successfully generated.

To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user

For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service

To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.

To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.

To manage Your requests: To attend and manage Your requests to Us.

For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about NEVER users is among the assets transferred.

For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve the Company products, services, marketing and your experience.

We may share Your personal information in the following situations:
We do not rent or sell your Personal Data, including images and videos, to any third parties outside the Company or its Affiliates (as defined below).

Parties with whom we may share your Personal Data.
We may share your Personal Data with businesses that are legally part of the same group of companies that we are part of, including our subsidiaries (“Affiliates”). The Affiliates act as our data processors and may perform data processing on our behalf (e.g., providing technical support or conducting analytics). Such Affiliates are bound by appropriate contractual safeguards in place.

Our Affiliates are:


Totality Media Private Limited

  • With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of NEVER, to contact You
  • For business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company.
  • With Affiliates: We may share Your information with Our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include Our parent company and any other subsidiaries, joint venture partners or other companies that We control or that are under common control with Us.
  • With business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.
  • With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside. If You interact with other users or register through a Third-Party Social Media Service, Your contacts on the Third-Party Social Media Service may see Your name, profile, pictures and description of Your activity. Similarly, other users will be able to view descriptions of Your activity, communicate with You and view Your profile.
  • With Your consent: We may disclose Your personal information for any other purpose with Your consent.

Retention of Your Personal Data

The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of NEVER, or We are legally obligated to retain this data for longer time periods.

Your original images and your Avatars are stored on our servers to be available to you at any time from any device until you decide to delete them.

Transfer of Your Personal Data

Your information, including Personal Data, is processed at the Company's operating offices and in any other places where the parties involved in the processing are located. It means that this information 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 than those from Your jurisdiction.

Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.

The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.

Delete Your Personal Data

You have the right to delete or request that We assist in deleting the Personal Data that We have collected about You.

The Company may give You the ability to delete certain information about You from within the Service.

You may update, amend, or delete Your information at any time by signing in to Your Account, if you have one, and visiting the account settings section that allows you to manage Your personal information. You may also contact Us to request access to, correct, or delete any personal information that You have provided to Us.

Please note, however, that We may need to retain certain information when we have a legal obligation or lawful basis to do so.

Subject to the GDPR, you have the right to lodge a complaint with a local data protection authority in the country of your residence, where you work or where an alleged infringement of the applicable data protection law took place.

Disclosure of Your Personal Data

Business Transactions

If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.

Law enforcement

Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Other legal requirements

The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:

  • Comply with a legal obligation
  • Protect and defend the rights or property of the Company
  • Prevent or investigate possible wrongdoing in connection with the Service
  • Protect the personal safety of Users of the Service or the public
  • Protect against legal liability

Security of Your Personal Data

The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.

The technologies we use for automatic data collection may include:
We use third-party analytics tools, such as but not limited to www.never.tech to help us measure traffic and usage trends for NEVER. These tools collect information via third-party analytics software development kits incorporated into NEVER, which includes your pseudonymised user ID and the information about NEVER web pages you visit when following the links available to you on NEVER, your actions in NEVER application and basic information about the type of subscription you have. We collect and use this analytics information in an aggregated manner with analytics information from other users so that it cannot reasonably be used to identify any particular user. For information on how third party analytics tools collect and process your data and to opt out of such collection and processing, generated by your Use of NEVER, please contact us at https://www.never.tech/

3. Usage of Face Data

Data Processing and Utilization
When you upload photos or face data to the Never AI - Image Generator app, we employ advanced technology to identify and analyze various elements within those photos. Specifically, we gather information such as the position, orientation, and topology of your face ('Face Data') as well as other components of the uploaded photos.

Purpose of Data Processing
We process this data to provide you with the features of the Never AI - Image Generator app that you have opted to use. The data is crucial for the optimal performance of the contract between you and us, offering a complete suite of functionalities and services that the app provides.

Data Retention and AI Model Training
Please be aware that we may retain your uploaded data for up to 24 hours for the purpose of training your personalized AI model. Once the AI model is trained, users are given the option to delete both the uploaded photos or face data as well as the trained model.

Types of Information We Collect

Information That You Provide
Face Data and Image Data
Your face data is specifically used in facial recognition features. The uploaded photos are analyzed by our deep learning algorithms. We collect face information either from your device's camera or its gallery and utilize this data to train your personalized AI model.

Data Storage and Security
All collected face data and trained models are stored securely in our AWS cloud storage located in the U.S. region.

Third-Party Sharing
We do not share your face data, trained AI models, or any other personal information with third parties.

User Control
Upon the successful training of your AI model, you will be given an option to delete the uploaded photos or face data, as well as the trained model from our database.

Consent
By using the Never AI - Image Generator app, you voluntarily consent to the provision of your personal information as described above.

4. Children's Privacy

NEVER does not address anyone under the age of 18. We do not knowingly collect personally identifiable information from anyone under the age of 18. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 18 without verification of parental consent, We take steps to remove that information from Our servers.

If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent's consent before We collect and use that information.

6. Cross-Border Transfer

The Company is incorporated in Singapore. Accordingly, your Personal Data may be transferred to and stored in Singapore or in other countries.

Where required under the EEA GDPR, in case of transfers of personal data from the EEA to countries outside the EEA, where we cannot rely on adequacy decisions adopted by the European Commission we ensure appropriate safeguards are in place to guarantee the continued protection of your personal data, particularly by signing the Standard Contractual Clauses of the European Commission (article 46(2)(c) GDPR).

Where required under the GDPR, in case of transfers of personal data to countries inside the United Kingdom, we ensure appropriate safeguards are in place to guarantee the continued protection of your personal data, particularly by signing the UK Addendum to the EU Standard Contractual Clauses or the UK International Data Transfer Agreement, whichever is more appropriate in the given situation. We may also guarantee the protection of your personal data by relying on adequacy decisions adopted or approved by the authorities in Singapore.

As to the location of our servers, we use servers located in India, United States of America and Singapore.

The Company shall implement appropriate security measures, such as encryption and access controls, to ensure the protection of user data and compliance with relevant laws and regulations. The Company shall also regularly monitor and evaluate the performance and security of the servers and promptly address any issues or concerns.

If the Company determines that a change in server location or cloud provider is necessary or desirable, it shall promptly notify the users of the NEVER and obtain their consent if required by law. The Company shall also provide reasonable advance notice of any scheduled maintenance or downtime that may affect the availability of the NEVER app or analytics operations.

7. 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 NEVER, prior to the change becoming effective and update the "Last updated" date 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.

Contact Us

If you have any questions about this Privacy Policy, You can contact us:

By visiting this page on our website: https://www.never.tech/