Privacy Policy

Privacy Policy

Privacy Policy

Last modified: June 2024

I. INTRODUCTION. REGIONAL PATTERNS (CALIFORNIA)

AI FANTASY INC. (“we,” “us” or “our”) takes your privacy seriously. This Privacy Policy

(“Privacy Policy”) explains our data protection policy and describes the types of information

we may process when you install and/or use the “Calories.ai” software

application for mobile devices (the “App”, “our App”).

When we refer to personal data (or personal information), we mean any information of any kind

relating to a natural person who can be identified, directly or indirectly, in particular by reference

to such data.

It is a natural person who can be identified directly or indirectly, in particular by reference to an

identification number or to one or more factors specific to his or her physical, physiological, mental,

economic, cultural or social status.

Our Privacy Policy applies to all users, and others who access the App (“Users”).

For the purposes of the GDPR, we are the data controller, unless otherwise stated.

PLEASE READ THE FOLLOWING PRIVACY POLICY FOR INFORMATION REGARDING

THE WAYS YOUR PERSONAL INFORMATION MAY BE PROCESSED. WHEN YOU USE

THE APP YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE

TO BE BOUND BY THESE TERMS.

IF YOU ARE A CALIFORNIA RESIDENT, PLEASE READ THE FOLLOWING IMPORTANT

NOTICE

Under the California Consumer Privacy Act of 2018 (CCPA), California residents shall have the

right to request:

- the categories of personal information that is processed;

- the categories of sources from which personal information is obtained;

- the purpose for processing of user personal data;

- the list and categories of third parties with whom we may share your personal information;

- the specific pieces of personal information that we might have obtained about a particular user

provided that the data provided in the request is reliable enough and allows us to identify the user.

Please use the email mentioned in this Privacy Policy:

PERSONAL INFORMATION

All about the categories of information, its sources, and purposes of processing >>

Please mind that according to CCPA, personal information does not include de-identified or

aggregated consumer information.

SHARING

How your information can be shared >>

Please note that all third parties that are engaged in processing user data are service providers

that use such information on the basis of agreement and pursuant to business purpose.

OPT-OUT OPTIONS

If you do not want us to process your personal information anymore, please contact us through

the contact form. In most cases, there is no way to maintain the App’s further operation without

functional data; therefore, you will be advised to remove the App from your device. If you do not

want us to share device identifiers and geolocation data with service providers, please check your

device settings to opt-out as described below >>

REQUESTS

To submit a verifiable consumer request for access, portability, or deletion of personal data,

please contact us through the contact form. Please include in the text of your appeal the wording

"Your rights to maintain confidentiality in the state of California.”

When submitting a verifiable request, you should be ready to:

- Provide sufficient information that allows us to reasonably verify you are the person about whom

we collected personal information or an authorized representative, which may include: name, address,

city, state, zip code, and email address. We may use this information to surface a series of security

questions to you to verify your identity. If you are making a request through an authorized agent

acting on your behalf, such authorized agent must provide written authorization confirming or a

power of attorney, signed by you.

- Describe your request with sufficient detail that allows us to properly understand, evaluate, and

respond to it.

We will not be able to respond to your request or provide you with personal information if we cannot:

(i) verify your identity or authority to make the request; or (ii) confirm that the personal information

relates to you. We may ask you for additional information or documents to verify your identity.

We may also carry out checks, including with third-party identity verification services, to verify your

identity before taking any action with your personal information. This is regarded as a safeguard

measure to prevent disclosure of your personal information under a fake or scam request.

We ensure that personal information provided in a verifiable consumer request will be used only to

verify the requestor’s identity or authority to make the request and not for any other purpose. We will

keep it for the adequate term reasonably needed for the purpose described above and delete it after the

purpose is fulfilled.

We try to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we

require more time, we will inform you of the reason and extension period in writing. Please note that

we are only required to respond to two requests per customer each year.

EQUAL RIGHTS

Nothing in the way we deal with your request shall be interpreted as discrimination, which means that

we will not set up different pricing or products or a different level or quality of services for you

if you choose to exercise your rights. However, in some circumstances, we may not be able to provide

services if you choose to delete your personal information from our records.

SALE OF DATA

We do not sell any of your personal data to third parties.

II. INFORMATION WE PROCESS

There are several categories of information that can be processed.

Functional Information

We ask for and process the following personal information when you use the App. This information is

necessary for the adequate performance of the contract between you and us. Without such information,

it is impossible to provide complete functionality of the App and perform the requested services.

-- Personal details that you voluntarily fill in the form(s) by yourself in order to use the App,

for example, when you choose to track your calorie intake and other parameters for your convenience

(name - optional field, gender, age, height, weight, target weight, activity level).

-- Activity records related to your diet, lifestyle, and personal goals (information from your food diary;

calorie intake; balance of macronutrients; goals: lose weight, keep fit, gain muscle; selected meal plan:

clean eating, keto, vegan, vegetarian; selected fasting plan, etc.).

Personal details that you provide to us, as well as Activity records, are stored locally on your device

and will be fully erased from your device if you choose to uninstall the App. Our analytics service

provider may have access to, store, and process some of the users’ Personal details

and certain Activity records (particularly goals: lose weight, keep fit, gain muscle; selected meal plan:

clean eating, keto, vegan, vegetarian; selected fasting plan) in anonymized and aggregated form that

does not allow us to identify a particular user.

-- User Content (images and photos you upload to the App for the use of the food recognition function).

In order to provide you with a food recognition function within the App, we use relevant third-party

services with an Artificial Intelligence platform

that performs image processing and analysis (check Section IV to learn more about Clarifai’s privacy

policy and practices). NOTE THAT IT IS STRICTLY PROHIBITED TO UPLOAD TO THE APP

USER CONTENT THAT CONTAINS ANY KIND OF PERSONALLY IDENTIFIABLE

INFORMATION, INCLUDING BUT NOT LIMITED TO SENSITIVE DATA.

-- Information about subscriptions and registration data. If you register within the App or provide

your email address on the App’s Website by choosing the option “Sign in with Apple” and activate

your access to subscription/premium options, the information about your email address associated

with your Apple ID, date of registration, as well as your subscription details (inter alia, subscription

title(s), start date, duration, etc.) are collected, stored, and processed. Note that even if you choose to

delete your account within the App and/or uninstall the App, the information about your email that you

previously used to register within the App or provided on the App’s Website, as well as your

subscription details, will continue to be stored for a period of time necessary for the proper provision

of services to you and for compliance with our legal obligations. In particular, the retention of the

specified categories of information (email and subscription details) after deletion of your account

and/or removal of the App may be necessary in order to ensure that the subscription/premium options

associated with your account will continuously be functional and valid during the whole applicable

intended period (even if during the applicable intended period of subscription/premium options you

choose to delete your account within the App and then register within the App again using the same

Apple ID).

-- Contact Information (name, e-mail address, as well as any other content included in the email),

which you may fill in by yourself when you contact us via email: apple@aifantasy.com.

We use such information to respond effectively to your inquiry, fulfill your requests, send you

communications that you request, and perform the requested services.

-- Payment details. If you have purchased the subscription and you want to

cancel it via our email: apple@aifantasy.com, we may request you to indicate one of the following: - your email address registered when you purchased the subscription, - receipt number identifying the payment, - unique number identifying the invoice. Information That Is Processed Automatically On the basis of your permission, we use third-party automatic data processing technologies

(advertising or analytics tools) to analyze certain information sent by your device via our App

(Identity For Advertisers). Some integrated advertising or analytics toolss launch automated processing

of your personal data, including profiling, which means any form of automated processing of personal

data used to evaluate certain personal aspects relating to you, in particular to analyze or predict

aspects concerning your personal preferences, interests, behavior, location, or movements (see the

list of data described below). Processing information through automatic data processing technologies

starts automatically once you allow our App to track your activity. You can withdraw your permission

at any time - please check opt-out options in Section VIII below.

We may process some information about your device and your user behavior on the grounds of our

legitimate interest. This information falls within categories of data described above in Subsection

“Information That Is Processed Automatically”, it is generally non-personal, i.e., it does not, on its

own, permit direct association with any specific individual, and we may access it only in aggregated

form. We use this information for improving our App and giving our users the best experience. Device Details. When you use a mobile device (tablet/phone/smartwatch) to access our App,

some of the details about your device are reported, including “device identifiers”.

Device identifiers are small data files or similar data structures stored on or associated with your

mobile device, which uniquely identify your mobile device (but not your personality).

Device identifier enables generalized reporting or personalized content and ads by the third parties.

What data can be processed: - Information about the device itself: type of your device, type of operating system and its version,

model and manufacturer, screen size, screen density, orientation, audio volume and battery, battery life,

loading time, latency, framerate, device memory usage. - Information about the internet connection: mobile carrier, network provider, network type,

IP address, timestamp and duration of sessions, speed, browser. - Location-related information: IP address, the country code/region/state/city associated with

your SIM card or your device, language setting, time zone, neighboring commercial points of

interest (e.g., “coffee shop”). - Other device identifiers: e.g., user identifiers (if they are set up by the App’s developer). - Information about the applications. Name, API key (identifier for application), version, properties

of our App can be reported for automated processing and analysis. Some services also record the

list of applications and/or processes which are installed or run on your device. - Cookies and similar technologies. When you use the App, cookies and similar technologies may

be used (pixels, web beacons, scripts). A cookie is a text file containing small amounts of information

which is downloaded to your device when you access the App. The text file is then sent back to the

server each time you use the App. This enables us to operate the App more effectively. For example,

we will know how many users access specific areas or features within our App and which links or ads

they clicked on. We use this aggregated information to understand and optimize how our App is used,

improve our marketing efforts, and provide content and features that are of interest to you. We may ask

advertisers or other partners to serve ads or services to the App, which may use cookies or similar

technologies. - Log file information. Log file information is automatically reported each time you make a request to

access the App. It can also be provided when the App is installed on your device. When you use our

App, analytics tools automatically record certain log file information, including time and date when

you start and stop using the App, and how you interact with the App. - Ad-related information. The following data might be reported about the ads you can view: the date

and time a particular ad is served; a record if that ad was “clicked” or if it was shown as a “conversion”

event; what the ad offer is about; what type of ad it is (e.g., text, image, or video); which ad placement

is involved (where the ad offer is displayed within the App); whether you respond to the ad. - In-App events. When you use our App, analytics tools automatically record in-App information

(tutorial steps, leveling up, payments, in-app purchases, custom events, progression events, method of

limiting the processing of user data). Information provided automatically to advertising or analytics tools does not generally come to our

control; therefore, we cannot be responsible for processing such information. Please mind that some

services are engaged in personal data profiling and may obtain information related to your personality

and/or your device by using technologies that do not belong to our scope of responsibility. In case when

your user ID is linked to your Facebook account, Facebook may use your device information in

association with categorized data that were already recorded in its databases (e.g., your age, gender, or

other demographic indication). We do not control, supervise, or stand surety for how the third parties

process your personal data, which might be collected by their own means (not through our App). Any

information request regarding the disclosure of your personal information should be directed to such

third parties (see Section IV).

Payment Information Our e-commerce providers are responsible for billing, processing, and charging for in-app purchases,

handling your personal information, and keeping it absolutely safe and secure. This information is

processed as part of the performance of the contract between you and us. We cannot access or use

your credit or debit card information. - Apple Pay; - Payment by card. If you pay with a card, you will be required to enter your email address, as well as your card information, country, or region. In this case, the payment transaction will be processed via the Stripe payment system. Hence, some categories of your personal data (including transaction data) are collected, retained, and processed by the Stripe payment service provider in accordance with its privacy policy. Email Communications When you register within the App and provide your email information by choosing the option

“Sign in with Apple,” we may use such email information to send you communications (“newsletters”)

regarding special subscription offers, new features and functionalities, and other news related to the

App on the grounds of our legitimate interest. To receive newsletters about the App, you may also leave

information about your email address in the App Settings (if available), or we may request your email

address in a separate popup window within the App (if available). Sending you newsletters will allow

you to stay up to date and receive the latest news about our App, including about the best price offers.

Note that when you provide your email information by using “Sign in with Apple,” you may choose

either to share your email or to keep your personal email address private and to hide it (“Hide my email”

option, if available). In the latter case, Apple will generate and provide us with a unique, random email

address that automatically forwards to your personal inbox. You also hereby acknowledge and accept the

treatment of some categories of your personal data (i.e., the information about your name if you provide

it, date of registration within the App, subscription purchase date, geolocation data, activity information,

etc.) for market analysis activities, particularly for the purpose of delivering you targeted newsletters

that most align with your needs and interests. The information about your email address that we have

received may be transferred to the email marketing tool for the purposes of optimization and automation

of the email delivery process (please check Section IV to learn more about the tool’s privacy policies

and practices). You may also opt-out of receiving communications to your email address at any time by

using the resignation link provided in each email you receive from us. Your unsubscribe request shall

be honored within a reasonable period of time.

THE PURPOSES OF PROCESSING YOUR PERSONAL DATA Our mission is to constantly improve our App and provide you with new experiences. As part of this

mission, we use your information for the following purposes: (a) To make our service available. We use functional information and information that is processed

automatically to provide you with all requested services. (b) To improve, test, and monitor the effectiveness of our App. We use the information that is processed

automatically to better understand user behavior and trends, detect potential outages and technical issues,

and to operate, protect, improve, and optimize our App. (c) To provide you with interest-based (behavioral) advertising or other targeted content. We may use

the information that is processed automatically for marketing purposes (to show ads that may be of

interest to you based on your preferences). We provide personalized content and information to you,

which can include online ads or other forms of marketing. (d) To communicate with you. We use the information we have to communicate with you through

newsletters, i.e., to send you marketing notifications, receive your feedback about our App experience,

and let you know about our policies and terms. We also use your information to respond to you when

you contact us. (e) To prevent fraud and spam, to enforce the law. We really want our App to be free of spam and

fraudulent content so that you feel safe and free. We may use your information to prevent, detect, and

investigate fraud, security breaches, potentially prohibited or illegal activities, protect our trademarks,

and enforce our Terms of Use. If any new purposes for processing your personal data arise, we will let you know we start to process

information on that other purpose by introducing the corresponding changes to this Privacy Policy. IV. SHARING OF YOUR INFORMATION We will share your information with third parties only in the ways that are described in this Privacy

Policy. We adhere to the U.S. Digital Advertising Alliance’s Self-Regulatory Principles for the Mobile

Environment. Please note that while integrating external services, we choose third parties that can assure they apply

all necessary technical and organizational measures to protect user personal data. However, we cannot

guarantee the security of any information transmitted from the App directly to any such third party. We

are not responsible for any accidental loss or unauthorized access to your personal data through a fault

of third parties. We will not rent or sell your personal data to any third parties, but we may share your information

from tools like cookies, log files, device identifiers, and location data with third-party organizations

that provide automatic data processing technologies for the App. We do not control or influence these

third parties’ tracking technologies or how they may be used. We may also share certain information, such as cookie data, with third-party advertising partners.

This information allows third-party ad networks, inter alia, to deliver targeted advertisements that they

believe will be of most interest to you.

Our App may contain links to third-party websites/services, or you may access the App from a

third-party site. We are not responsible for the privacy practices of these third-party sites or services

linked to or from our App, including the information or content contained within them. We may disclose your personal information if it is needed for objective reasons, due to the public

interest, or in other unforeseen circumstances: - as required by law; - when we believe, in good faith, that disclosure is necessary to protect our rights, protect your safety

or the safety of others, investigate fraud, or respond to a government request; - if we are involved in a merger, acquisition, or sale of all or a portion of our assets, you will be notified

via email and/or a prominent notice in our App of any change in ownership or your personal information

usage, as well as any choices you may have regarding your personal information. V. INTERNATIONAL DATA TRANSFERS We work in the cross-border area and provide our App to our Users around the world. We and third-party organizations that provide automatic data processing technologies for the App or our

third-party advertising partners may transfer the automatically processed information across borders

and from your country or jurisdiction to other countries or jurisdictions around the world. If you are located in the European Union or other regions with laws governing data processing that

may differ from U.S. law, please note that we may transfer information, including personal information,

to a country and jurisdiction that does not have the same data protection laws as in your jurisdiction. This means that your personal information can be transferred to a third country, a territory, or one

or more specified sectors within that third country, or to an international organization where data

protection and confidentiality regulations may not provide the same level of protection of personal data

as your country does. We try to make sure that the recipient of any personal data provides proper protection of the personal

data received, in accordance with the current legislation on the protection of such information. By

using the App, you agree that we may transfer your personal data to any third country, a territory, or

one or more specified sectors within that third country, or to an international organization. For the purposes of data storage, we recourse to the services of the hosting organizations. We take

your privacy seriously and, therefore, encrypt your personal data - if possible - before sending it to

the hosting organizations for the purposes of its storage. Please note that we cooperate only with those

hosting organizations that have passed our security and reliability check. VI. HOW LONG WE USE YOUR PERSONAL DATA We generally retain your personal information for as long as is necessary for performing the functional

service of the App and to comply with our legal obligations. Some categories of your information (i.e.,

information about subscriptions and registration data) may be retained even after deletion of your

account and/or removal of the App from your device. If you no longer want us to use your information

that we physically access and store, you can request that we erase your personal information. However, some data may still be stored for a certain time period (but no longer than the storage purpose

requires) if the information is necessary to comply with legal obligations (taxation, accounting, audit) or

in order to maintain safety and data backup settings, prevent fraud, or other malicious acts. VII. EXERCISING YOUR RIGHTS Applicable data protection laws give you certain rights regarding your personal information. You have

the following options in relation to your personal information that was collected: - Data Access and Portability. You can request copies of your personal information. - Change or Correct Data. Where you cannot update data by yourself through your account, you have

the right to ask to correct, change, update, or rectify your data. - Data Retention and Deletion. User data is generally retained for as long as your user profile is in

existence or as it is needed to provide the relevant services. However, specific retention times can vary

based on the context of the processing performed. You have the right to ask to delete all or some of the

personal data that is held about you. - Restriction of Processing. Under certain circumstances, you may have the right to limit the ways in

which your personal information is used. - Exercising the right to know about data sharing. You have the right to know whether your data is

shared with third parties. Detailed information on this issue is contained in Section IV of the present

Privacy Policy. However, if you have further questions in this regard, you can contact us at any time. - Lodge a complaint. You can lodge a complaint with a supervisory authority if you consider that the

processing of personal data relating to you infringes the GDPR. To exercise any of the rights described above, you can contact us through the contact form. Please bear

in mind that we ensure the above-mentioned rights only with respect to the information that we

physically access and store. When your personal information is processed automatically, you may object to such processing in

some circumstances. Where your personal information is processed for direct marketing purposes, you

may ask to cease processing your data for these direct marketing purposes. In order to exercise your

right, please contact the third-party services listed in Section IV of this Privacy Policy to learn how you

can object to processing your data. Most of them have clear instructions on their privacy pages,

functional API, or other options. If you are located in the European Union, you may address our representative when you have questions

on privacy issues: apple@aifanatsy.com SECURITY The security of your personal information is highly important to us. We follow generally accepted

industry standards to protect the personal information submitted to us, both during transmission and

once we receive it. We take reasonable and appropriate measures to protect personal information from loss, misuse, and

unauthorized access, disclosure, alteration, and destruction, taking into account the risks involved in

the processing and the nature of the personal information. We implement appropriate technical and organizational measures, which are designed to implement

data-protection principles, such as data minimization, in an effective manner and to integrate the

necessary safeguards into the processing. We seek your personal data to be encrypted with proper and

strong encryption algorithms, including hashing where possible. Unfortunately, no method of transmission over the Internet or method of electronic storage is 100%

secure. We do our best to protect your personal data; nevertheless, we cannot guarantee its absolute

security. In the event that your personal information is compromised as a breach of security, we will

promptly notify you in compliance with applicable law. If you have any questions about the security of our App, you can contact us through the contact form

displayed below. X. CHILDREN’S PRIVACY Our App is not intended for children under the age of eighteen (18). Therefore, we do not knowingly

collect or solicit any personal information from children under eighteen (18). If you have not reached

the age of majority or legal age in your jurisdiction (i.e., if you are between the ages of thirteen (13)

and seventeen (17), your use of the App is possible only with the relevant consent and under the

supervision of the holder of parental responsibility for you). No one under the age of thirteen (13) may

provide any personal information to the App. If we learn that we have collected personal information

from a child under the age of eighteen (18) without verification of the holder of parental responsibility

for a child, we will erase that information as quickly as possible. If you believe that we might have any

information from or about a child under eighteen (18) and data processing is carried out without the

relevant consent of the holder of parental responsibility for a child, please contact us. XI. CHANGES TO THE PRIVACY POLICY This Privacy Policy is updated regularly. Whenever we change this Privacy Policy, we will post those changes to this Privacy Policy and other

places that we consider appropriate. Additional forms of notice of modifications or updates as

appropriate under the circumstances may be provided to you. XII. HOW TO CONTACT US If you have any questions about this Privacy Policy, please feel free to contact us via email:

apple@aifantasy.com