Privacy Policy

1. Purpose

This Privacy Policy explains how viralkey treats the information we collect from you, the kinds of information we may collect, how that information is used, with whom we share it, and how you can opt out of a use or correct or change such information. It supplements and forms a part of the viralkey Terms of Service.

2. Scope

This Privacy Policy applies to Personal Information that is Processed by viralkey in the course of our business, including via the viralkey Site, the viralkey.ai platform and AI-powered content generation tools, and through our apps, forums, social media accounts, blogs and other online or offline offerings (together with any and all future online and offline offerings operated by or on behalf of viralkey, the "Services"). All individuals whose responsibilities include the Processing of Personal Information on behalf of viralkey are expected to protect that data by adherence to this Privacy Policy.

This Privacy Policy does not apply to Personal Information of viralkey employees Processed in the employment context, but employees who elect to use the Services will be treated as users in accordance with this Privacy Policy with respect to Personal Information Processed as users of our Services.

3. Transparency / Notice — Types of Personal Information We Collect and How We Use It

The types of Personal Information we may collect (directly from you or from third-party sources) and our privacy practices depend on the nature of the relationship you have with viralkey and the requirements of applicable law.

You may provide Personal Information directly to viralkey through interacting with the Services (including when you use our AI-powered tools via our subscription services), participating in surveys, during events, promotions or sweepstakes, and requesting services or information. As you navigate the Services, certain passive information may also be collected about your visit, including through cookies and similar technologies as described below. It is our goal to collect only that information which is relevant for the purposes of Processing.

3.1 Types of Personal Information We Collect

viralkey collects Personal Information from its current, prospective, and former customers, members, users, visitors, and guests (collectively "Individuals").

Purchases. When you choose to purchase viralkey products or Services from us, including AI tools, credit packs, or subscription services, we may collect information from you such as your name, email address, mailing address, phone number, and payment information ("Financial Information"). Unless we tell you otherwise at the time of your purchase, your Financial Information is processed by our third-party processors and we do not collect, store, or maintain your Financial Information. We will also collect a username and password in connection with any account created via the Services.

Public User Profiles. When you use viralkey.ai services or subscribe to a paid plan, you will be given the opportunity to create a "User Profile". Only your email address and username are required to set up a User Profile; the rest of the information that you may provide is optional. Once your User Profile is created, anytime you log in we may collect additional information and add it to your User Profile, such as the total number of AI generations, usage history (including credits consumed, generation types, output formats, and prompts used), your saved projects, and shared content. You have the option to set your profile to "Private".

Uploaded Media for AI Generation. When you use our AI-powered generation tools, you may upload images, videos, audio files, music tracks, and provide text prompts ("Uploaded Media"). We collect and process this Uploaded Media along with associated metadata (such as upload time and file format) in order to generate the requested output. If your Uploaded Media contains human faces, voices, or other identifiable likenesses, this data may be transmitted to and processed by third-party AI model providers to perform the generation. We do not use your Uploaded Media to build standalone biometric identification databases, and we do not sell biometric data.

YOU SHOULD NOT PROVIDE US WITH ANY CONFIDENTIAL, SENSITIVE, UNLICENSED PROPRIETARY, OR BIOMETRIC INFORMATION THROUGH THE SERVICES. YOU MUST NOT UPLOAD ANY IMAGE, VIDEO, OR AUDIO OF ANOTHER PERSON WITHOUT THAT PERSON'S EXPLICIT CONSENT.

Communications with Us. We may collect Personal Information from you such as your email address, phone number, or mailing address when you choose to request information about our Services, register to receive viralkey communications, participate in promotions, request member or technical support, or otherwise communicate with us.

Location Information. Based on your interaction with the Services and the device you use, we may collect location-based information including your IP address, GPS location, city, region, and zip code. Unless you provide consent otherwise, this information will only be used to provide the Services you request or in an aggregated and anonymized format that does not identify you. You may opt out by disabling location features in your device settings.

Automatic Data Collection. We may collect certain information automatically, such as your IP address, cookie identifiers, mobile advertising identifiers, device identifiers, browser type and language, geo-location information, hardware type, operating system, the pages you visit, the date and time of your visit, and other actions taken through use of the Services.

Third-Party AI Model Processing. When you use generation features powered by third-party models, your prompts, Uploaded Media, and certain account-related metadata will be transmitted to those providers for processing. Each third-party provider operates under its own privacy policy and data handling practices, which we encourage you to review before using these features. By choosing to use these features, you consent to such transmission as a necessary part of delivering the requested service.

Information from Other Sources. We may receive information about you from other sources, including third-party services such as App Stores or social media sites, to supplement information provided by you and to enhance our ability to provide you with information about our business, products, and Services.

3.2 How viralkey Uses Your Information

To Provide Products, Services or Information Requested. We may use information about you to fulfill requests for products, Services, or information, including to manage Individual accounts; respond to questions, comments, and requests; provide access to features of the Services; monitor usage patterns and trends; personalize content recommendations based on your settings and historical usage; communicate about logistical matters and service updates; and provide member or technical support.

Administrative Purposes. We may use Personal Information to measure interest in our Services; develop new products and Services; ensure quality control; verify Individual identity; communicate about accounts and policy changes; process payments and transactions; prevent potentially prohibited or illegal activities; maintain and administer our Services; and enforce our Terms.

Marketing viralkey Products and Services. We may use Personal Information to provide you with materials about offers, products, and Services that may be of interest, by phone, postal mail, text, or email, as permitted by applicable law. You may contact us at any time to opt out of the use of your Personal Information for marketing purposes, as further described in Section 5 below.

Research and Development. We may use Personal Information to create non-identifiable information, alone or in the aggregate, to help us improve existing products and Services or develop new ones. We may share anonymous Individual and aggregate data for research and analysis purposes.

AI Model Training and Improvement. We may use Uploaded Media, prompts, generation outputs, and feedback (in identifiable or anonymized form, subject to your opt-out preferences as described in the Terms of Service) to train, fine-tune, evaluate, and improve our AI models, content moderation systems, and quality classifiers.

Content Moderation and Safety. We process Uploaded Media and prompts through automated screening systems to detect content that may violate our Terms of Service or applicable law, including non-consensual imagery, CSAM, and unauthorized use of biometric data.

3.3 Cookies, Pixel Tags / Web Beacons, Analytics, and Interest-Based Advertising

We, as well as third parties that provide content, advertising, or other functionality on our Services, may use cookies, pixel tags, local storage, and other technologies ("Technologies") to automatically collect information through the Services. Cookies are small text files placed in visitors' browsers to store their preferences. Most browsers allow you to block and delete cookies; however, if you do that, the Site may not work properly.

We may use Google Analytics to collect information regarding visitor behavior and demographics and to develop website content. You can opt out of Google's collection and Processing of data generated by your use of the Services by visiting https://tools.google.com/dlpage/gaoptout. Our uses of such Technologies fall into general categories: operationally necessary, performance related, functionality related, and advertising or targeting related. If you would like to opt out of the Technologies we employ, you may do so by blocking, deleting, or disabling them as your browser or device permits.

3.4 Third-Party Websites, Social Media Platforms, and SDKs

The Services may contain links to other websites, and other websites may reference or link to the viralkey Site or other Services. These other domains and websites are not controlled by us, and viralkey does not endorse or make any representations about third-party websites or social media platforms. We encourage you to read the privacy policies of every website and application with which you interact. We use third-party software development kits ("SDKs") and APIs as part of the functionality of our Services. We do not share information that we collect from SDKs or other third-party applications with third parties for their advertising or marketing purposes.

3.5 Third-Party Payment Processing

When you make purchases through the Services, we Process your payments through a third party, such as an App Store or an online payment processor. In these instances, the third party may collect certain Financial Information from you to Process a payment on behalf of viralkey, in which case the use and storage of your Financial Information is governed by that third party's terms, conditions, and privacy policies. For more information on our use of third-party payment processors, please email [email protected].

4. Onward Transfer — viralkey May Disclose Your Information

4.1 Information We Share

We may share your information as described in this Privacy Policy or with your permission. Vendors and Service Providers. We may share any information we receive with vendors and service providers who provide IT, analytics, payment processing, customer service, and related services, under contracts that prohibit them from using or sharing Personal Information except as necessary to perform the contracted services. Business Partners. We may share Personal Information with our business partners and affiliates for internal business purposes or to provide you with a product or service that you have requested.

Third-Party AI Model Providers. When you use third-party model features, your Uploaded Media, prompts, and related inputs will be transmitted to those providers for processing under their respective privacy policies. We recommend reviewing those policies before using these features. Disclosures to Protect Us or Others. We may access, preserve, and disclose your Personal Information if we believe doing so is required or appropriate to comply with law enforcement requests and legal process, to protect rights, property, or safety, to enforce our policies or contracts, or to prevent physical harm or financial loss. Merger, Sale, or Other Asset Transfers. If we are involved in a merger, acquisition, financing, reorganization, bankruptcy, or sale of company assets, your information may be sold or transferred as part of such a transaction as permitted by law.

4.2 International Data Transfers

You agree that all Personal Information collected via or by viralkey may be transferred, Processed, and stored anywhere in the world, including but not limited to the United States, Canada, and the European Union, in the cloud, on our servers, on the servers of our affiliates, or on the servers of our service providers. By providing information to viralkey, you explicitly consent to the storage of your Personal Information in these locations.

5. Opt-Out (Right to Object to Processing)

You have the right to object to and opt out of certain uses and disclosures of your Personal Information. Where you have consented to viralkey's Processing of your Personal Information, you may withdraw that consent at any time by contacting us at [email protected].

Email, Text, and Telephone Communications. You can unsubscribe from email, text, and phone communications at any time by following the unsubscribe instructions in the messages you receive from us or by contacting us. Note that you will continue to receive transaction-related and certain non-promotional communications (e.g., updates to our Terms or this Privacy Policy).

Mobile Devices. We may send push notifications through our apps. You may opt out at any time by changing the settings on your device. "Do Not Track". Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers. Cookies and Interest-Based Advertising. You may stop or restrict the placement of cookies by adjusting your web browser preferences; these opt-outs must be performed on each device and browser you wish to opt out.

6. Rights of Access, Rectification, Erasure, and Restriction

Residents of the European Union or the UK may submit a request to exercise their rights. Although viralkey makes good-faith efforts to provide Individuals with access to their Personal Information, there may be circumstances in which we are unable to provide access. To protect your privacy, viralkey will take commercially reasonable steps to verify your identity before granting access to or making any changes to your Personal Information.

Delete Your Uploaded Media. You may delete Uploaded Media, generated outputs, and prompts from your account at any time through the Services interface. Deleted content may remain on our active servers for up to 30 days and in backups thereafter, except where retention is required for legal, fraud-prevention, audit, or law-enforcement purposes. To request deletion of content containing your or a third party's likeness, contact [email protected]. We will instruct downstream processors (including third-party model providers) to delete copies where contractually possible.

7. Data Retention

viralkey retains the Personal Information we receive as described in this Privacy Policy for as long as you use our Services or as necessary to fulfill the purpose(s) for which it was collected, provide our Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws. When we are no longer required to retain your Personal Information, we will destroy, erase, or de-identify it in accordance with our data retention policies and applicable law.

8. Security of Your Information

We take steps to ensure that your information is treated securely and in accordance with this Privacy Policy. We maintain commercially reasonable administrative, technical, and physical safeguards designed to protect against unauthorized use, disclosure, or access of Personal Information. Unfortunately, the Internet cannot be guaranteed to be 100% secure, and we cannot ensure or warrant the security of any information you provide to us. If we learn of a security breach, we may attempt to notify you electronically by posting a notice on the Services or sending an email to you.

9. Non-U.S. Users

By using the Services, you consent to viralkey's transfer of your data to the United States. By choosing to visit the Site, use the Services, or otherwise provide information to us, you agree that any dispute over privacy or the terms contained in this Privacy Policy will, to the extent permitted by law, be governed by the laws of the State of New York, without regard to principles of conflicts of law. If you are visiting from the European Union or other regions with laws governing data collection and use, please note that you are agreeing to the transfer of your information to the United States and to the Processing of your data globally.

10. Children's Privacy

Our Services are not directed to children under the age of 13. We do not knowingly collect Personal Information from children under the age of 13. If you learn that your child has provided us with Personal Information without your consent, you may alert us at [email protected]. If we learn that we have collected Personal Information of a child under the age of 13 (or under the age of 16 in certain jurisdictions, such as EU member countries), we will take steps to delete such information as soon as possible and terminate the child's account unless we receive verifiable parental consent.

11. Redress / Compliance and Accountability

If you have any questions about our privacy practices, this Privacy Policy, or how to submit a complaint with the appropriate authority, please contact viralkey by email at [email protected] or by mail at the address below. We will address your concerns and attempt to resolve any privacy issues in a timely manner. RANDOM MOTION TECHNOLOGY INC (County of Kent, DE, 19901), Attn: Legal Department.

12. Changes to Our Privacy Policy and Practices

This Privacy Policy may change from time to time. You understand and agree that you will be deemed to have accepted the updated Privacy Policy if you use the Services after the updated Privacy Policy is posted on the Services. If there are any material changes to this Privacy Policy, viralkey will notify you by email or as otherwise required by applicable law. We will post any adjustments to the Privacy Policy on this web page, and the revised version will be effective immediately when it is posted (or upon notice if applicable). Before we use Personal Information for any new purpose not originally authorized by you, we will endeavor to provide information regarding the new purpose and give you the opportunity to opt out.

13. Definitions

• "Agent" means any third party that Processes Personal Information pursuant to the instructions of, and solely for, viralkey, or to which viralkey discloses Personal Information for use on its behalf.
• "Personal Information" is any information relating to an identified or identifiable natural person ("Individual").
• "Process" or "Processing" means any operation performed upon Personal Information, whether or not by automatic means, such as collection, recording, organization, storage, adaptation, retrieval, use, disclosure, alignment, combination, restriction, erasure, or destruction.
• "Sensitive Data" or "Sensitive Personal Information" is a subset of Personal Information that, due to its nature, has been classified by law or by policy as deserving additional privacy and security protections.
• "Third Party" is any company, natural or legal person, public authority, agency, or body other than the Individual, viralkey, or viralkey's Agents.