AVATAi - Privacy Policy

SPHERUM SDN. BHD. (we, us, Spherum, AVATAi) are committed to protecting your personal data and respecting your privacy.

‍User-Generated Content Warning

Your access to and use of the Services is subject to these Terms and all applicable laws and regulations. You may not:

  • intimidate or harass another, or promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  • use the Services in a manner that may create a conflict of interest or undermine the purposes of the Services, such as trading reviews with other users or writing or soliciting fake reviews;
  • use the Services to upload, transmit, distribute, store or otherwise make available in any way: files that contain viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful; any unsolicited or unauthorised advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other prohibited form of solicitation; any private information of any third party, including addresses, phone numbers, email addresses, number and feature in the personal identity document (e.g., National Insurance numbers, passport numbers) or credit card numbers; any material which does or may infringe any copyright, trade mark or other intellectual property or privacy rights of any other person; any material which is defamatory of any person, obscene, offensive, pornographic, hateful or inflammatory; any material that would constitute, encourage or provide instructions for a criminal offence, dangerous activities or self-harm; any material that is deliberately designed to provoke or antagonise people, especially trolling and bullying, or is intended to harass, harm, hurt, scare, distress, embarrass or upset people; any material that contains a threat of any kind, including threats of physical violence; any material that is racist or discriminatory, including discrimination on the basis of someone’s race, religion, age, gender, disability or sexuality;
  • any answers, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide; or
  • material that, in the sole judgment of Spherum, is objectionable or which restricts or inhibits any other person from using the Services, or which may expose Spherum, the Services or its users to any harm or liability of any type.

We reserve the right, at any time and without prior notice, to remove or disable access to content at our discretion for any reason or no reason. Some of the reasons we may remove or disable access to content may include finding the content objectionable, in violation of these Terms or our Community Guidelines, or otherwise harmful to the Services or our users. Our automated systems analyze your content to provide you personally relevant product features, such as customized search results, tailored advertising, and spam and malware detection. This analysis occurs as the content is sent, received, and when it is stored.

We accept no liability in respect of any content submitted by users and published by us or by authorised third parties.

If you believe that content has been uploaded by other users, purchase your rights, please email us at support@spherum.my.‍‍‍

INTRODUCTION

This policy (together with our terms and conditions of use as set out at AVATAi - Terms of service (T&Cs) our Cookie Policy as set out at and any additional terms of use incorporated by reference into the T&Cs, together our Terms of Use applies to your use of:‍

  • The AVATAi App mobile application software (App) available on the Apple Appstore and Google Play Store, once you have downloaded a copy of the App onto your mobile telephone or handheld device (Device).
  • The AVATAi App VR application software (App) available on the Oculus Store (including but not limited to AppLab and Oculus Quest Store),  Viveport, Steam Store, Pico Store, and any other Appstore offering VR applications for purchase, once you have downloaded a copy of the App onto your VR/AR device (Device).
  • Any of the services accessible through the App (Services). This policy sets out the basis on which any personally identifiable information (also known as “personal data”) we collect from you, or that you provide to us, will be processed by us.
  • Validation of a person's pose in a photograph is necessary so that the neural network that will create an avatar from this photograph correctly understands and segments all parts of the body. With preliminary pose validation, the chance of getting the best result increases significantly. For pose validation, the application uses depth data obtained, among other things, using the TrueDepth API.
  • For certain features, We may ask you to submit (or We may ask your permission to take) a photo, facial scan, or other image or video of you.
    • For example, when making a volumetric video using a front camera, we use TrueDepth API (developed by Apple) technology with your camera to look at and measure multiple data points on your face. That provide information about facial position, orientation, and topology. We use that information to generate volumetric video of your face in a realistic position and scale. For more information about TrueDepth API processing of your photos and videos, you may visit the following link.  Please read the following carefully to understand our practices regarding your personal data and how we will treat it.

1. IMPORTANT INFORMATION AND WHO WE ARE

SPHERUM SDN. BHD. (company registration number: 202401014822 (1560672-D)) with registered office at 47­-1 JALAN SS 18/6 47500 SUBANG JAYA SELANGOR MALAYSIA, is the controller and is responsible for your personal data (collectively referred to as the "Company", "we", "us" or "our" in this policy).‍

We have appointed a data privacy manager. If you have any questions about this privacy policy, please contact them using the details set out below.

Contact details

Our full details are:

  • Full name of legal entity: SPHERUM SDN. BHD.
  • Name or title of data privacy manager: Director
  • Email address: support@spherum.my
  • Postal address: suite 7.2, 7th Floor, East Wing, Rohas Tecnic, No. 9 Jalan P.Ramlee, Kuala Lumpur, Malaysia, 50250

Changes to the privacy policy and your duty to inform us of changes

We keep our privacy policy under regular review.

This version was last updated on October 16th, 2024. It may change and if it does, these changes will be posted on this page and, where appropriate, notified to you by email or when you next start the App. The new policy may be displayed on-screen and you may be required to read and accept the changes to continue your use of the App or the Services.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during our relationship with you.

Third party links

Our App may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. Please note that these websites and any services that may be accessible through them have their own privacy policies and that we do not accept any responsibility or liability for these policies or for any personal data that may be collected through these websites or services, such as Contact Data. Please check these policies before you submit any personal data to these websites or use these services.

2. THE DATA WE COLLECT ABOUT YOU

We may collect, use, store and transfer different kinds of personal data about you as follows:

  • Profile Data
  • Contact Data
  • Device Data
  • Content Data
  • Usage Data
  • Marketing and Communications Data
  • Location Data
  • TrueDepth Data

We also collect, use and share aggregated data such as statistical or demographic data for any purpose. Aggregated data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific App feature. However, if we combine or connect aggregated data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data) or information about your criminal convictions and offences when you capture/record videos with your Device through the App. We do not require this information and it is for you to decide whether you want to share such information in the contents you create/generate through the App and share with others. This information is subject to special protections under KZ law.

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3. HOW IS YOUR PERSONAL DATA COLLECTED

We will collect and process the following personal data about you:

  • Information you give us. This is information (including Profile, Contact, Content, Usage and Marketing and Communications Data) you consent to giving us about you by filling in forms on the App, using the App or by corresponding with us (for example, by email). It includes:‍
    1. information you provide when you download and register to use the App by creating a User account;
    2. information you provide when using your Device through the App and more generally when you use the App;
    3. information you provide when you generate AVATAi™ Model(s) and/or AVATAi™ Experience(s) using the App;
    4. the AVATAi™ Model(s) and AVATAi™ Experience(s) you share via the App's social media functions;
    5. information you provide when you report a problem with the App or our Services; and when you contact us, any correspondence between you and us.
  • Information we collect about you and your Device. Each time you use our App we will automatically collect personal data including Device, Content and Usage Data. For example, when you report a problem with the App or our Services, we log information in respect of your Device such as the version of the operating system you are using and the time zone within which your Device is located. We also log when you are using our App and what videos and other content you view on our App.
  • Information we receive from other sources including other users of the App and third parties. We will receive personal data about you from various third parties or other users within the App as set out below:‍
    1. When other App users share AVATAi™ Model(s) and/or AVATAi™ Experience(s) with/of you within the App, we will receive Profile and Usage Data about you such as your username, video and sound.
    2. Information collected by cookies. For more information about the cookies we use, please see our Cookie Policy here https://www.notion.so/Cookie-Policy-a82267ab8eae4ba59565b0d1cd341e60.

4. HOW WE USE YOUR PERSONAL DATA

We will only use your personal data when the law allows us to do so. Most commonly we will use your personal data in the following circumstances:

  • Where you have consented before the processing.
  • Where we need to perform a contract we are about to enter or have entered with you.
  • Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
  • Where we need to comply with a legal or regulatory obligation.

We will only send you direct marketing communications by email or text if we have your consent. You have the right to withdraw that consent at any time by contacting us.

Purposes for which we will use your personal data

Purpose/activity

Type of data

Lawful basis for processing

To install the App and register you as a new App user
Profile
Contact
Your consent
To manage our relationship with you including notifying you of changes to the App or any Services and contacting you directly in relation to any query you have raised about the App and its Services
Profile
Contact
Your consent
Performance of a contract with you Necessary for our legitimate interests (to keep records updated and to analyse how customers use our products/ Services)
Necessary to comply with legal obligations (to inform you of any changes to our terms of service)
To enable you to participate in a prize draw, competition, avail of special offers or complete a survey
Profile
Contact
Device
Marketing and Communications
Your consent
Performance of a contract with youNecessary for our legitimate interests (to analyse how customers use our products/Services and to develop them and grow our business)
To notify you of new content
Profile
Contact
Device
Marketing and Communications
Your consent
Necessary for our legitimate interests (to improve our customers user experience and their use of our products/Services and to develop them and grow our business)
To administer and protect our business and this App including content review, troubleshooting, data analysis and system testing
Profile
Contact
Content
Location
Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, Cloud services)
To improve quality, stability and secutiry of the App and our Services
Content
Device
Location
Usage
Performance of a contract with youNecessary for our legitimate interests (for running our business, provision of administration and IT services, network security, Cloud services)
To improve existing features of the App and develop new ones
Content
Device
Marketing and Communications
Usage
Necessary for our legitimate interests (for running and grow our business, provision of administration and IT services, network security, Cloud services)

COOKIES

You can adjust the preferences in the App to refuse all or some cookies. If you disable or refuse cookies, please note that some parts of the App may become inaccessible or not function properly. For more information about the cookies we use, please see our Cookie Policy.

5. SHARING OF YOUR PERSONAL DATA

When you consent to providing us with your personal data, we will also ask you for your consent to share your personal data when required with the third parties set out below and for the purposes set out in the table (Title 4).

  • External Third Parties as set out in the GLOSSARY (Title 11)
  • Third parties to whom we may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy policy.

TrueDepth data will not be shared with any third parties. It is not stored on any servers, and doesn’t leave the user’s device.

6. INTERNATIONAL TRANSFERS

Whenever we transfer your personal data out of the Malaysia, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

  • We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data.
  • Where we use certain service providers, we may use specific contracts approved by the Malaysian Commission which give personal data the same protection it has in the Malaysia.

Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of Malaysia.

7. DATA SECURITY

All information you provide to us is stored on our secure servers. Any payment transactions carried out by us or our chosen third-party provider of payment processing services will be encrypted using appropriate encryption technology. Where we have given you (or where you have chosen) a password that enables you to access certain parts of the App, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

Once we have received your information, we will use strict and appropriate procedures and security features to try to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way.

Certain Services include social networking features. Ensure when using these features that you do not submit any personal data that you do not want to be seen, collected or used by other users.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator when we are legally required to do so.

8. DATA RETENTION

We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.

In some circumstances you can ask us to delete your data: see YOUR LEGAL RIGHTS (Title 9) below for further information.

In some circumstances we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.

In the event that you do not use the App for a period of 12 months (or delete your account) then we will treat the account as expired and your personal data may be deleted.

9. YOUR LEGAL RIGHTS

Under certain circumstances you have the following rights under data protection laws in relation to your personal data. You may have the right to:

  • Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
  • Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
  • Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
  • Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
  • Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:
  1. if you want us to establish the data's accuracy;
  2. where our use of the data is unlawful but you do not want us to erase it;
  3. where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or
  4. you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
  • Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
  • Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

You also have the right to ask us not to continue to process your personal data for marketing purposes.

You can exercise any of these rights at any time by contacting us at support@spherum.my.

10. CALIFORNIA RESIDENTS

This section applies to our collection and use of personal data if you are a resident of California, as required by the California Consumer Privacy Act of 2018 and its implementing regulations (the “CCPA”). When we use the term personal data in the context of the CCPA, we mean information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California consumer or household (this is called “personal information” under the CCPA). Please note that the CCPA is experiencing further changes as part of the rulemaking activity process. As a result, please check back often as this section may change to comply with future CCPA requirements.

If you would like to receive a copy of this Section in an alternate format (e.g., printable) or language, please contact us using the information provided in Section 1 above.

A.   Categories of Personal Data Collected, Used, and Shared‍

In accordance with California law, we may have collected and share the following categories of personal data within the past 12 months:‍

Categories of Personal Data Collected & Shared

Identifiers: Username, password and e-mail address.

Personal Information listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)): Username and e-mail address. Some personal data included in this category may overlap with other categories.

Internet or other similar network activity:‍

Device Data: Information about your hardware, includes information about your hardware, for example the model of the Device you use, your Device’s operating system version, your carrier, your time zone within which your Device is located (country/city).‍

Usage Data: Information details of your use of our App including but not limited to login information, how you interact with our App, which AVATAi™ Models and/or AVATAi™ Experiences are your favourite, what Effect(s) you apply, what tags you select, information about your sharing of AVATAi™ Models and AVATAi™ Experiences with other App users, the resources that you access on the App, whether this is required by us to improve the App and/or user experience, fix usability issues, dimension our infrastructure or otherwise.

Marketing and Communications Data: includes your communication/correspondence with us (via emails or otherwise). This information includes any interests, preferences, feedback or survey responses that you provide to us.

Audio, electronic, visual, thermal, olfactory, or similar information:‍

Content Data: Information about any creativity, recorded or otherwise made available by you within the App, including sound recordings and ambient noise embodied therein, the AVATAi™ Model created from it (including sound recordings and ambient noise embodied therein) and the AVATAi™ Model(s) shared with you (including sound recordings and ambient noise embodied therein) from other users within the App.

Geolocation Data: The time zone within which your Device is located (country/city).

We share each of these categories of personal data to our service providers to the extent necessary for them to facilitate our business purposes. We also share these personal data for the purposes set forth in Section 4 above. In the last 12 months, we have not knowingly sold any personal data of California consumers, nor do we have actual knowledge that we sold the personal data of California consumers under the age of 18 years old. The CCPA defines “sale” as: selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer’s personal data to another business or third party for monetary or valuable consideration.  If we do sell your personal data, we will notify you, and if you submit to us a verifiable consumer request we will disclose to you a list containing the categories of personal data that we sold in accordance with the CCPA’s requirements.

B.   Your California privacy rights‍

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

Privacy Right

Notice
You may have the right to be notified of what categories of personal data will be collected at or before the point of collection and the purposes for which they will be used and shared.
Access
You may have the right to request the categories of personal data that we collected in the previous twelve (12) months, the categories of sources from which the personal data was collected, the specific pieces of personal data we have collected about you, and the business purposes for which such personal data is collected and shared. You may also have the right to request the categories of personal data which were disclosed for business purposes, and the categories of third parties in the twelve (12) months preceding your request for your personal data.
Data Portability
You may have the right to receive the personal data you have previously provided to us.
Erasure
You may have the right to request to have your personal data deleted, and request that we will direct our service providers to do the same. However, please be aware that we may not fulfill your request for deletion if we (or our service provider(s)) are required or permitted to retain your personal data for one or more of the following categories of purposes: (1) to complete a transaction for which the personal data was collected, provide a good or service requested by you, or complete a contract between us and you; (2) to ensure our App’s integrity, security, and functionality; (3) to comply with applicable law or a legal obligation, or exercise rights under the law (including free speech rights); or (4) to otherwise use your personal data, internally, in a lawful manner that is compatible with the context in which you provided the information.
To Opt Out
You may have the right to request to opt out of us selling your personal data.

Description

If you would like to exercise your rights listed above, please send (or have your authorized agent send) an email to support@spherum.my

We must verify your identity before fulfilling your requests. If we cannot initially verify your identity, we may request additional information to complete the verification process. Any personal data you disclose to us for purposes of verifying your identity will solely be used for the purpose of verification.  

We may deny certain requests, or only fulfil some in part, as permitted or required by law. For example, if you request to delete personal data, we may retain personal data that we need to retain for legal purposes (e.g., tax accounting). You have a right not to receive discriminatory treatment by any business when you exercise your California privacy rights. The CCPA gives California Consumers the right to lodge a complaint with the California Attorney General’s office. The Attorney General’s office may be contacted at https://oag.ca.gov/contact/consumer-complaint-against-business-or-company or by telephone at: (916) 210-6276.

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11. GLOSSARY

LAWFUL BASIS‍

  • Consent means processing your personal data where you have signified your agreement by a statement or clear opt-in to processing for a specific purpose. Consent will only be valid if it is a freely given, specific, informed and unambiguous indication of what you want. You can withdraw your consent at any time by contacting us at support@spherum.my .
  • Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us at support@spherum.my.
  • Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
  • Comply with a legal obligation means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.

EXTERNAL THIRD PARTIES

Professional advisers including lawyers, bankers, auditors and insurers based in Malaysia (or elsewhere) who provide consultancy, banking, legal, insurance and accounting services.

The Malaysian Revenue, regulators and other authorities based in Malaysia (or elsewhere) who require reporting of processing activities in certain circumstances.

12. DESCRIPTION OF CATEGORIES OF PERSONAL DATA

  • Profile Data: includes your username and password.
  • Contact Data: includes your email address.
  • Device Data: includes information about your hardware, for example the model of the Device you use, your Device’s operating system version, your carrier, your time zone within which your Device is located (country/city).
  • Usage Data: includes details of your use of our App including but not limited to login information, how you interact with our App, which AVATAi™ Models and/or AVATAi™ Experiences are your favourite, what Effect(s) you apply, what tags you select, information about your sharing of AVATAi™ Models and AVATAi™ Experiences with other App users, number of AVATAi™ Models you recorded/captured, the resources that you access on the App, whether this is required by us to improve the App and/or user experience, fix usability issues, dimension our infrastructure or otherwise.
  • Marketing and Communications Data: includes your communication/correspondence with us (via emails or otherwise). This information includes any interests, preferences, feedback or survey responses that you provide to us.
  • Location Data: includes the time zone within which your Device is located (country/city).

CONTACTING US

SPHERUM SDN. BHD., suite 7.2, 7th Floor, East Wing, Rohas Tecnic, No. 9 Jalan P.Ramlee, Kuala Lumpur, Malaysia, 50250

support@spherum.my

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