Privacy Policy

This Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your information when You use the Service and tells You about Your privacy rights and how the law protects You.

We use Your Personal Data to provide and improve the Service. By using the Service, You agree to the collection and use of information in accordance with this Privacy Policy.

Interpretation and Definitions

Interpretation

The words whose initial letters are 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 our Service or parts of our Service.
• 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.
• Application refers to Folliq, the software program provided by the Company.
• Business, for the purpose of CCPA/CPRA, refers to the Company as the legal entity that collects Consumers' personal information and determines the purposes and means of the processing of Consumers' personal information, or on behalf of which such information is collected and that alone, or jointly with others, determines the purposes and means of the processing of consumers' personal information, that does business in the State of California.
• CCPA and/or CPRA refers to the California Consumer Privacy Act (the "CCPA") as amended by the California Privacy Rights Act of 2020 (the "CPRA").
• Company (referred to as either "the Company", "We", "Us" or "Our" in this Privacy Policy) refers to Folliq.
• Consumer, for the purpose of the CCPA/CPRA, means a natural person who is a California resident.
• Country refers to: Texas, United States
• Device means any device that can access the Service such as a computer, a cell phone or a digital tablet.
• Do Not Track (DNT) is a concept promoted by US regulatory authorities for the Internet industry to develop and implement a mechanism for allowing internet users to control the tracking of their online activities across websites.
• Personal Data (or "Personal Information") is any information that relates to an identified or identifiable individual. For the purposes of the CCPA/CPRA, Personal Data means any information that identifies, relates to, describes or is capable of being associated with, or could reasonably be linked, directly or indirectly, with You.
• Service refers to the Application.
• Service Provider means any natural or legal person who processes the data on behalf of the Company.
• Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself.
• You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Collecting and Using Your Personal Data

Types of Data Collected

Personal Data

While using Our Service, 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 (optional)

Usage Data

Usage Data is collected automatically when using the Service.

Usage Data may include information such as Your Device's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service 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 the Service 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's 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.

Information Collected while Using the Application

While using Our Application, in order to provide features of Our Application, We may collect, with Your prior permission:

• Pictures and other information from your Device's camera and photo library

We use this information to provide AI-powered hair and scalp analysis, face shape analysis, and hair color matching features. Photos submitted for analysis are transmitted securely to OpenAI's API for processing. If You are signed in to an Account, a reduced-size copy of Your photos is also stored in Your private cloud backup, described in the Cloud Backup section below, so that You can restore them on a new Device. You can enable or disable access to this information at any time, through Your Device settings.

Professional users (Folliq Studio subscribers) may also enter client profile information including names, contact details, hair type notes, color formulas, undertone profiles, and before/after service photos. When a Professional user is signed in to an Account, this client information and these client photos are included in that Professional user's private cloud backup. Professional users are responsible for obtaining appropriate consent from their clients before entering this information.

Cloud Backup

When You are signed in to an Account, the Application automatically keeps a private backup of the information You save in the Application, so that it can be restored if You sign in on a new Device or reinstall the Application. This backup may include:

• Photos You save in the Application, including hair, scalp, face shape and color match photos, progress and before/after photos, product photos, inspiration photos and Your profile photo
• Moments, notes and hair length entries
• Scan results and history
• Hair profile information, including hair type, porosity, goals, and any skin tone and undertone selections You choose to provide
• Product notes, routine schedule and profile details such as Your phone number
• For Professional users: client records, client photos, services, appointments and notes

Photos are stored as reduced-size copies. Your backup is stored using Google Firebase (Cloud Firestore and Cloud Storage) in the United States and can only be accessed by Your Account. We do not sell Your backup data or use it for advertising.

If You use the Application without an Account (guest mode), Your information is stored only on Your Device and is not backed up. If more than one Account is used on the same Device, each Account's information is kept separate.

Use of Your Personal Data

The Company may use Personal Data for the following purposes:

• To provide and maintain our Service, including to monitor the usage of our Service.
• To manage Your Account: to manage Your registration as a user of the Service.
• 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 regarding updates or informative communications related to the functionalities, products or contracted services, including security updates and email verification.
• To manage Your requests: To attend and manage Your requests to Us.
• For business transfers: We may use Your Personal Data to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets.
• For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, and to evaluate and improve our Service.

We may share Your Personal Data in the following situations:

• With Service Providers: We may share Your Personal Data with Service Providers to monitor and analyze the use of our Service and for payment processing.
• For business transfers: We may share or transfer Your Personal Data in connection with 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 Personal Data with Our affiliates, in which case we will require those affiliates to honor this Privacy Policy.
• With Your consent: We may disclose Your Personal Data 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, resolve disputes, and enforce our legal agreements and policies.

• Account Information: retained for the duration of your account relationship plus up to 24 months after account closure.
• Cloud Backup Data: photos and other information in Your cloud backup are retained for the life of Your Account and are permanently deleted when You delete Your Account.
• Customer Support Data: support tickets and correspondence up to 24 months from ticket closure.
• Usage Data: application usage statistics up to 24 months.
• Financial and Transaction Data: transaction records up to 10 years from the date of transaction to comply with tax laws and financial regulations.

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. The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy.

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. You may delete Your account and all associated data at any time through the Profile screen in the App. Deleting Your Account also permanently deletes Your cloud backup, including all backed-up photos. You may also request deletion by contacting Us at folliqcare@gmail.com. Please note that We may need to retain certain information when we have a legal obligation or lawful basis to do so.

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 reasonable means to protect Your Personal Data, We cannot guarantee its absolute security.

Detailed Information on the Processing of Your Personal Data

The Service Providers We use may have access to Your Personal Data. These third-party vendors collect, store, use, process and transfer information about Your activity on Our Service in accordance with their Privacy Policies.

AI Analysis

Photos you submit for hair and scalp analysis, face shape analysis, and hair color matching are transmitted securely to OpenAI for processing. OpenAI's privacy policy can be viewed at openai.com/privacy.

Account and Cloud Storage

We use Google Firebase to provide account sign-in and account verification emails (Firebase Authentication) and to store Your cloud backup (Cloud Firestore and Cloud Storage). Firebase's privacy policy can be viewed at firebase.google.com/support/privacy.

Payments

We use third-party services for payment processing. We will not store or collect Your payment card details. That information is provided directly to Our third-party payment processors whose use of Your personal information is governed by their Privacy Policy.

• RevenueCat — for subscription and purchase management. Privacy policy at revenuecat.com/privacy
• Apple Store In-App Payments — Privacy policy at apple.com/legal/privacy
• Google Play In-App Payments — Privacy policy at google.com/policies/privacy

CCPA/CPRA Privacy Notice (California Privacy Rights)

This privacy notice section for California residents supplements the information contained in Our Privacy Policy and it applies solely to all visitors, users, and others who reside in the State of California.

Categories of Personal Information Collected

We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular Consumer or Device. The following is a list of categories of personal information which We may collect or may have been collected from California residents within the last twelve (12) months.

• Category A: Identifiers. Examples: real name, email address, account name, unique personal identifier. Collected: Yes.
• Category B: Personal information categories listed in the California Customer Records statute. Examples: name, telephone number. Collected: Yes.
• Category C: Protected classification characteristics. Collected: No.
• Category D: Commercial information. Examples: products or services purchased, purchase history. Collected: Yes.
• Category E: Biometric information. Collected: No.
• Category F: Internet or other similar network activity. Examples: information on a consumer's interaction with an application. Collected: Yes.
• Category G: Geolocation data. Collected: No.
• Category H: Sensory data. Examples: visual information (photos submitted for analysis and photos stored in Your cloud backup). Collected: Yes, with your permission.
• Category I: Professional or employment-related information. Collected: No.
• Category J: Non-public education information. Collected: No.
• Category K: Inferences drawn from other personal information. Collected: No.
• Category L: Sensitive personal information. Collected: No.

Your Rights under the CCPA/CPRA

If You are a resident of California, You have the following rights:

• The right to notice. You have the right to be notified which categories of Personal Information are being collected and the purposes for which the Personal Information is being used.
• The right to know/access. You have the right to request that We disclose information to You about Our collection, use, sale, disclosure for business purposes and share of personal information.
• The right to say no to the sale or sharing of Personal Information (opt-out). You have the right to direct Us to not sell Your personal information.
• The right to correct Personal Information. You have the right to correct or rectify any inaccurate personal information about You that We collected.
• The right to delete Personal Information. You have the right to request the deletion of Your Personal Information under certain circumstances.
• The right not to be discriminated against. You have the right not to be discriminated against for exercising any of Your consumer's rights.

To exercise any of Your rights under the CCPA/CPRA, please contact Us at folliqcare@gmail.com.

"Do Not Track" Policy

Our Service does not respond to Do Not Track signals. However, some third-party websites do keep track of Your browsing activities. If You are visiting such websites, You can set Your preferences in Your web browser to inform websites that You do not want to be tracked.

Your California Privacy Rights (California's Shine the Light Law)

Under California Civil Code Section 1798, California residents with an established business relationship with Us can request information once a year about sharing their Personal Data with third parties for the third parties' direct marketing purposes. If you'd like to request more information, please contact Us at folliqcare@gmail.com.

Children's Privacy

Our Service does not address anyone under the age of 16. We do not knowingly collect personally identifiable information from anyone under the age of 16. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us at folliqcare@gmail.com. If We become aware that We have collected Personal Data from anyone under the age of 16 without verification of parental consent, We take steps to remove that information from Our servers.

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 and updating the "Last updated" date at the top of this Privacy Policy. You are advised to review this Privacy Policy periodically for any changes.

Contact Us

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

• By email: folliqcare@gmail.com