Privacy Policy

As a leading actor in the field of synthetic photography, we consider protection of our customers’ personal data is crucial.

You will find hereunder Yokai's Privacy Policy, i.e. the explanation of our practices and commitments in terms of protection of personal data, in compliance with the General Data Protection Regulation (hereinafter “GDPR”).

This Privacy Policy covers the processing of your personal data when you use (a) our website available at yokai.ai, (b) our web app available at app.yokai.ai and (c) our Yokai mobile app available on the App Store.

This Privacy Policy was last updated on December 20^th 2022.

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1. Who is the data controller of your data ?

Your use of our Yokai services is managed by the company Vitruvian Labs, a French simplified joint stock company with a capital of 10.537,47 euros, which registered office is located at 10, rue Gaston Monmousseau - 94200 Ivry-sur-Seine (France), registered in the Créteil Trade and Companies Register under the number 850 942 459, (hereinafter “Yokai” or “we”).

Yokai collects and processes your personal data for various purposes, as described below – for instance to provide its services or measure the audience of its website yokai.ai.

As such, Yokai is the data controller of your personal data; this means that we are responsible for the processing of your data as well as your contact for any question or concern relating to the processing of your data. You may reach out to us in this respect at hey@yokai.ai 

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2. Why do we process your data and which data do we collect ?

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a. General Observation

Please note that the list of purposes for which we process your personal data below is limitative and we shall not process your personal data for any purpose that is not listed in this privacy policy.

In particular, we shall not sell your personal data to anyone.

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b. Providing you with our services ( web and mobile app )

When you use our web or mobile app, we process different types of data in order to provide you with our services. You will find below a list of those types of data:

• Data related to the creation and management of your Yokai account, such as your email address and your login credentials;
• Data related to the processing of your orders, such as your payment information or what your order is;
• Data related to the creation of a model of your body and facial characteristics, such as the pictures you upload, the information we infer from these pictures and the model we build based on these information in order to generate new pictures of you;
• Data related to the generation of new pictures of you, such as the theme you choose for your new pictures or the new pictures themselves;
• Data related to your interactions within our app and/or our services, such as which picture you wish to download which picture you liked or disliked.

The processing of these data is necessary for us to enter into a contract with you but also for us to execute this contract once entered into, in accordance with Article 6.1.b) GDPR.

We shall store your data for the duration of our contractual relationship with you (ie. until you ask us to delete your Yokai account), it being specified that some of your data may be further processed for other purposes, namely for the retention of evidence and to improve our services (see sections 2.f and 2.g).

Notwithstanding the foregoing,

• we shall delete and not further process the model of your body and face when you ask us to delete your Yokai account;
• we shall delete and not further process your credit card information once the payment of your order has been processed.

The provision of these data is mandatory in that we cannot provide our services without collecting and processing them. If you do not want us to process your data, then you may refrain from requesting that we provide you with our services.

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c. Audience and performance measurement (website, web and mobile app)

While you use our website, web app and mobile, we collect your data in order to generate usage statistics, detect navigation issues, and performance issues.

We retain these data for a duration of 14 months, it being specified that some of your data may be further processed in order to improve our services (see section 2.g)

The processing of these data is justified by our legitimate interest in generating usage statistics, detecting navigation issues, optimizing performance and user experience and understanding the preferences of our audience, in accordance with Article 6.1.f) GDPR.

The provision of these data is optional in that you may refuse to consent to our use of tracking technology via our cookie management tool, which you can access from our website’s landing page. Please note that you can withdraw your consent at anytime using our cookie management tool.

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d. Targeted advertisement (website and web app)

While you use our website and web app, we collect your data in order to present you with personalized ads according to your browsing and profile. We also use these data in order to measure the performance of our advertising campaigns.

We retain these data for a duration of 13 months.

The processing of these data is justified by our legitimate interest in conducting targeted advertisement and measuring the performance of our advertising campaign, in accordance with Article 6.1.f) GDPR.

The provision of these data is optional in that you may refuse to consent to our use of tracking technology via our cookie management tool, which you can access from our website’s landing page. Please note that you can withdraw your consent at anytime using our cookie management tool.

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e. Contact form and chat widget (website)

When you use the contact form or the chat widget available on our website, we shall process the data you input in the relevant fields of said form or in said widget, such as your messages.

These data are processed in order to receive, process and answer your messages.

We retain these data for a duration of five years.

The processing of these data is justified by our legitimate interest in operating our contact form and chat widget, as well as interacting with you at your request, in accordance with Article 6.1.f) GDPR. 

The provision of these data is mandatory in that we cannot receive and answer your message via our contact form or chat widget without collecting and processing said data. If you do not want us to process your data, then you may refrain from using our contact form or chat widget. 

f. Retention of data as evidence (further processing)

We shall retain and further process some of the data mentioned above in section 2.b and 2.d as evidence that we satisfied our obligations towards you and of our rights that we have under our contract with you. We may use it, as applicable, to prevent, initiate or reply to any legal claim in the context of which it may seem relevant, whether you are a party to the relevant dispute or not.

The processing of these data is justified by our legitimate interest in protecting and defending our own rights and interests (before a court as applicable), in accordance with Article 6.1.f) GDPR.

We will retain all those data that seem relevant as evidence for the applicable statute of limitations, which in principle is 5 years (French statute of limitations for typical civil claims).

For the specific case of accounting documents such as your invoice and order form, we are compelled by law to process them in order to satisfy our accounting document storage obligation (Article L123-22 of the French Code of commerce) and shall store them for a duration of 10 years past the end of the current fiscal year.

g. Improvement to our services (further processing)

We shall retain and further process some of your data in order to improve our services, mainly by optimizing performance and user experience and develop new features and functionalities based on the ones that are more popular.

The processing of these data is justified by our legitimate interest in improving our services, in accordance with Article 6.1.f) GDPR.

We will store these data for a duration of 14 months.

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2. Who can access your data ? Whom is it shared with ?

a. General Observation

1. General Observation

Please note that the list of recipients of your personal data below is limitative and we shall not transfer your personal data to any third party that is not listed in this privacy policy.

In particular, we shall not sell your personal data to anyone.

b. Yokai's teams and employees

Yokai's teams and employees may access and use your data within the limits of their missions, for the purposes described above.

c. Third party technical services providers

We use the services of third parties in order to operate our services, with which your personal data shall be shared.

Those third parties are the following:

• Our providers that host our website, webapp and mobile app and/or its content;
• Our payment processors ;
• Our providers of software extensions and widgets we use with our services ;
• Our providers of analytics, audience and performance tracking tools.

Please note that some of these service providers are located outside the European Union and your data may thus be transferred outside the European Union, namely in the United States of America. 

Our service providers may also use their own service providers that may be located outside the European Union.

The transfer of your personal data outside the EU, if to a country that has not been deemed to provide adequate protection of your personal data by the European Commission, is systematically governed by a mechanism providing appropriate safeguards to your rights and freedoms, as required by applicable data protection law : the Standard Contractual Clauses adopted by the European Commission.

If you want more information relating to the transfer of your personal data outside the EU, you can write us an email at hey@yokai.ai.

d. Other service providers

Some of your data may also be accessed or stored by the following persons and organizations, for the purposes of the services they provide to Yokai :

• Yokai’s accountants
• Yokai’s legal counsels.

e. Authorities, jurisdictions and parties to a dispute

Occasionally, we may be required to share all or part of the data above with authorities and jurisdictions which are competent to require communication of this data, and with the authorities, jurisdictions and parties (and their counsels) to the disputes and proceedings we may intervene in for the defence of our rights and interests.

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4. What rights do you have to control the processing of your data ?

You have a certain number of rights in relation to your personal data, as provided by applicable law.

You will find details for each of those rights below. A summary table is provided at the end of this section.

You may exercise those rights by writing an email to Yokai at hey@yokai.ai. Please make sure you mention clearly the nature of the right you wish to exercise and the reasons which justify your request, as applicable. 

a. Right of access

You have the right to request a copy of all your personal data, in a legible, understandable format, and a copy of this Privacy Policy.

b. Right to rectification

You have the right to ask us to rectify, complete or update your personal data, should they be inaccurate, incomplete or obsolete.

In such case, please make sure you provide us with all information necessary to proceed with the requested rectification, completion or update.

c. Right to object

You have a right to object to the processing activities mentioned above that are based on Yokai's legitimate interests (such as retention of data as evidence) on grounds relating to your particular situation.

In other words, you may ask Yokai to stop processing your personal data for a given purpose that is based on a Yokai's legitimate interest, by explaining the particular reasons that justify this objection.

It is possible however that we refuse to comply with your request if the processing of your data is still necessary, according to us, for compelling reasons that override the grounds relating to your particular situation (e.g. use of said data as evidence in an actual dispute).

If it is grounded and no compelling reason goes against it, your objection will result in us ceasing the relevant processing activities, but not necessarily deleting the data; to obtain deletion of your data, you must exercise your right to erasure (see below), which also comes with a series of conditions and limitations. 

4. Right to erasure

You may ask us to delete all or part of the data we have that relates to you, where one at least of the conditions below is met:

• You objected to the processing of your data as explained above, and you wish that Yokai deletes your data.
• Your personal data are no longer necessary in relation to the purpose for which Yokai collected or otherwise processed them.
• You consider that Yokai collected and/or processed your data in an unlawful manner.
• Yokai is legally compelled to delete your data.
• Your data were collected when you where less than 15 years old.

Please be aware that Yokai may refuse to delete your data where it is required to retain it for important reasons such as defending Yokai's interests before a court.

Also, please note that we may choose to anonymize the data instead of deleting it. In this case, we will be able to retain the data in a format that does not allow to identify you anymore (for instance for statistical purposes).

e. Right to restriction of processing

You may ask us to restrict the processing of your data, i.e. to retain them without using them (except insofar as we need to comply to our legal obligations).

You may exercise this right where at least one of the following conditions is met:

• Your data appear inaccurate and you prefer that we stop using them while we verify and rectify them.
• You objected to the processing of your data (as explained above), and you wish that we stop using them for the time necessary for us to verify the grounds for that objection.
• You consider that Yokai collected and/or processed your data in an unlawful manner, but you still prefer that we retain your data instead of deleting them.
• Yokai no longer needs to process your personal data for the purposes mentioned above, but you ask that we store them for you so that you may establish, exercise or defend a legal claim.

In such a case, we will stop using your data and will retain them for the appropriate duration.

f. Right to data portability

For data processed on the ground that they are necessary for us to enter into or execute an agreement with you, you may ask us to give you a machine-readable copy of the personal data you gave us, so that you may reuse that data yourself or with another service provider.

This right to data portability is not the same as the right of access above, as it is not about obtaining a legible copy of the data, but a machine-readable copy that may be reused by you or another service provider.

g. Right to provide instructions regarding your personal data after your death

You may provide us with instructions as to how you want Yokai to process your data after your death.

For instance, you may ask that we delete all of your personal data (except as needed for Yokai to defend its rights before a court) or to transfer them to a recipient of your choice.

You may also designate any person of your choice to issue instructions related to your data after you pass away. That person does not need to be your heir or your testamentary executor.