PRIVACY POLICY

1. The website https://cinefly.io (Site) and the iOS and Android mobile application called Cinefly (App) (together, Platforms) are provided on behalf of Cinema on the Fly Pty Ltd of 194 Varsity Parade, Varsity Lakes, 4227 QLD ("us", "we" or "our" (as context requires)).

   The purpose of this Privacy Policy is to inform you of how we collect, use, disclose, manage and store the personal information that you may provide to us, in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs) contained in Schedule 1 of the Privacy Act 1988 (Cth). This Privacy Policy should be read in conjunction with our End User Licence Agreement, a copy of which can be found here https://cinefly.io/eula.htm

   Please take some time to read through this policy before you provide us with any personal information. We also encourage you to check this policy regularly as it may change from time to time. If you have any suggestions or concerns that are not addressed in this policy, please contact us.

1. In this Privacy Policy, Personal Information means any information about an individual that may be used alone or in conjunction with other information to identify an individual, including an opinion, whether true or not and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion. If you do not agree with this Privacy Policy, please do not provide us with Personal Information or otherwise use the Platforms.

   You acknowledge and agree that photographs and videos of individuals are likely to constitute 'Personal Information' for the purposes of this Privacy Policy.

1. We will only collect Personal Information about you if it is reasonably necessary for our functions and activities. We collect the following types of information to provide and improve our Service:

   Type of Information	Examples	Primary Purpose
   Account Information	Your name, email address, date of birth; your account name and any authorisation token generated when you sign in; information you make publicly available through a social networking service (like Facebook or Google) if you use it to create an account.	To create, secure, and manage your account.
   User Content	Photographs and videos of yourself and other people that you submit to us.	To provide the core AI video generation service.
   Consent Information	Model release forms and consent documentation; metadata about when and where consent was obtained; contact information for individuals appearing in content for verification purposes.	To help you manage your legal and privacy obligations for content creation.

2. Pseudonyms You have the option of using a pseudonym when dealing with us. However, you will appreciate that, in some circumstances, if you do not correctly identify yourself, it may not be possible for us to deal with you or you may not be able to fully access the Platforms.
3. Sensitive information We generally will not collect sensitive information about you (such as racial or ethnic origin, political opinions, religious or philosophical beliefs or details of health or disabilities). However if we do collect sensitive information we will do so in compliance with the APPs.

You consent to us collecting your Personal Information in accordance with this Privacy Policy.

1. Collection from you

   We may collect Personal Information from you when you:

   • (a) create an account on one or more of our Platforms;
   • (b) log into an account on one or more of our Platforms;
   • (c) communicate with us, including by email;
   • (d) use the Platforms; and
   • (e) submit photographs or video content to us via the Platforms.

   Where you provide us with Personal Information about another person, you warrant that:

   • (f) you have permission from that other person to disclose their Personal Information to us; and
   • (g) you have provided that other person with a copy of this Privacy Policy.

You consent to us using your Personal Information in accordance with this Privacy Policy.

1. Provide the Platforms: We will use and store your Personal Information for the purposes of making the Platforms (and the services that are provided through the Platforms) available to you.
2. Internal purposes: We may use your Personal Information and other information for internal operational and administrative purposes including to store your user preferences and customise the Platforms.
3. Anonymised information: We may use aggregate and anonymised data about you for analytical purposes including to determine traffic patterns and related Platform information. We may disclose this data to our service providers and third party vendors for their internal, marketing and business development purposes.
4. Communication with you: By registering with us you agree to receive administrative and direct marketing communications from us, including from us on behalf of our third party entities. You can opt out of receiving direct marketing communication at any time by clicking the relevant link in any such message you receive from us. You agree that whilst you have an active account with us, you cannot opt out of receiving administrative communications from us.
5. Legal exception: Notwithstanding the above, we may use Personal Information to the extent required or permitted by law or legal process, to resolve disputes, to enforce our agreements (including this Privacy Policy and any end user licence agreement that you agree to before using the Platforms (EULA)) with you, or if in our reasonable discretion use is necessary to protect our legal rights or to protect third parties.
6. Content Rights Management: We may use your Personal Information to: (a) verify you have appropriate rights to use uploaded content; (b) manage consent and release documentation; (c) respond to takedown requests or privacy complaints.
7. AI Processing: We use artificial intelligence to process your content and create Films. This may involve: (a) analyzing your uploaded content for editing decisions; (b) applying automated effects and transitions; (c) generating metadata about your content.

Our Commitment to Your Data Privacy: We believe your content is your own. We will never use your User Content or Generated Content to train our generative AI models or any third-party models without your explicit, opt-in consent. Our AI processing is limited to providing the Service directly to you.

1. You consent to us disclosing your Personal Information in accordance with this Privacy Policy. We take reasonable steps to ensure that third parties that we disclose your Personal Information to protect your Personal Information to the same standard expected of us.
2. Partners: In some cases, parts of the Platforms (Partner Services) may be provided to you in connection with our third party partners (Partners). To the extent we collect your Personal Information in relation to Partner Services, you agree that we may disclose that Personal Information to those Partners.
3. Service Providers: You agree we may disclose your Personal Information to our third party service providers that provide services on our behalf, including marketing services, analytical services, data storage, and support and maintenance services solely to provide those services on our behalf.
4. Successors: You agree we may disclose and transfer your Personal Information to a third party in the event of a sale, merger, acquisition or other restructuring transaction of our business.
5. To protect certain rights: You agree we may disclose your Personal Information to necessary parties to protect our Platforms, or other users of the Platforms, or to enforce compliance with our EULA.
6. As permitted or required: You agree we may disclose your Personal Information to any law enforcement, judicial authority, or governmental or regulatory authority, to the extent required by law or if in our reasonable discretion disclosure is necessary to enforce or protect our legal rights or to protect third parties.
7. With your consent: You agree we may disclose your Personal Information to any other entity with your consent.
8. Client Organizations: Where you use the Service through a client organization (such as an employer or sports team), we may share your Personal Information and content with that organization in accordance with their instructions and applicable agreements.
9. Promotional Use: We may use your Films for promotional purposes only if you have not opted out of such use in your account settings. You can change this preference at any time.

1. We understand the need to prevent online fraud. To do so, we take reasonable steps to protect your Personal Information from theft, alteration and unauthorised inspection. Please remember that no data transmission over the Internet (or otherwise) is guaranteed to be 100% secure. Thus, while we strive to protect your Personal Information, we cannot ensure or warrant the security of any information you transmit to us. Therefore, you understand, acknowledge and agree that you transmit Personal Information over the Platforms at your own risk.
2. Data Breach Response: In the event of a data breach that is likely to result in serious harm, we will notify affected individuals and the Office of the Australian Information Commissioner within 72 hours of becoming aware of the breach, in accordance with the Notifiable Data Breaches scheme.
3. Security Measures: We implement appropriate technical and organizational measures to protect Personal Information, including encryption, access controls, and regular security assessments.
4. Third Party Security: We require our third-party service providers to maintain appropriate security measures to protect your Personal Information.
5. International Transfers: Your Personal Information may be transferred to and processed in countries other than Australia. We ensure appropriate safeguards are in place for such transfers, including standard contractual clauses where required.

You acknowledge that it is a term of our EULA that end users are over the age of 18 years, unless their parent or guardian has provided consent on the minor's behalf.

We will comply with this Privacy Policy in respect of any information submitted by users under 18 years but the primary responsibility rests on parents and guardians to properly supervise any use by minors of the Platforms. For tips on your privacy (including minor's privacy online), please see the website for the Office of the Australian Information Commissioner: https://www.oaic.gov.au

1. Access Rights: We take reasonable steps to keep your Personal Information complete, accurate and up-to-date. You may contact us to find out if we hold any Personal Information about you in which case we will provide you with a complete list of your Personal Information. We may charge you a reasonable fee to provide you with this list.
2. Correction and Deletion: You may also contact us to correct any of your Personal Information that is inaccurate or to request that your Personal Information be deleted in which case we will amend or delete your records in accordance with your request if it is reasonable to do so. If we do not make such amendment or deletion, you may ask us to include a statement that your Personal Information is inaccurate, out of date, incomplete, irrelevant or misleading.
3. Data Portability: You have the right to receive your Personal Information in a structured, commonly used and machine-readable format, and to transmit that data to another controller where technically feasible.
4. Legal Requirements: If applicable, any legal requirement on us to maintain certain records of your Personal Information shall prevail over your requests.

The GDPR is an EU privacy law that requires businesses to disclose their policies regarding the collection, use, storage and deletion of user data while also providing privacy rights to EU consumers.

1. Individual Data Subject's Rights - Data Access, Portability and Deletion: Cinefly processes or stores all personal data in fully vetted, DPA compliant vendors. We do store all conversation and personal data for up to 3 years unless your account is deleted, at which point, we dispose of all data in accordance with our Terms of Service and Privacy Policy.

   We provide all EU customers the ability to access, update, retrieve and remove personal data. Customers can access these services from the Cinefly portal or contact the Cinefly team at accounts@cinefly.io to provide these services.

2. Data Retention Periods:

   - Account data: Up to 3 years after last activity

   - Generated Films: Subject to your storage plan limits

   - Consent documentation: 7 years for legal compliance

   - Deleted content: Removed within 30 days of request

3. Lawful Basis: We process your personal data based on:

   Your consent

   Performance of our contract with you

   Our legitimate interests in providing and improving our services

   Compliance with legal obligations

We may revise this Privacy Policy at any time by updating this posting. Material changes will be notified to you via email or through the Platforms at least 30 days before taking effect. Such revisions shall be effective immediately upon posting. Therefore, we encourage you to frequently visit our website to review this Privacy Policy.

Your continued participation on the Platforms indicates your acceptance of this Privacy Policy. This Privacy Policy applies only to information collected online by us and does not cover any such information collected by any other person or entity, any of our corporate parent(s), affiliates, joint ventures or any other company or party, or any such information collected in connection with co-promotions between us and a third party, unless specifically stated.

If any provision of this Privacy Policy shall be adjudged unlawful or void or unenforceable in whole or in part, the remaining provisions shall continue in full force and effect.

If you are located in Australia you acknowledge that your use of the Platforms and/or providing us with your Personal Information is subject to the law of Queensland, Australia including the Privacy Act 1988 (Cth) and the APPs. You agree to submit to the exclusive jurisdiction of the courts of Queensland, Australia.

1. Initial Contact: If you have any inquiries or complaints about our compliance with the APPs, you may contact us at:

   Email: accounts@cinefly.io

   Postal: 194 Varsity Parade, Varsity Lakes, 4227 QLD

   We will respond to any inquiry or complaint within a reasonable time (usually within 30 days).

2. Escalation: If you are not satisfied with our response, you may escalate your complaint to the Office of the Australian Information Commissioner:

   Telephone: 1300 363 992

   Postal: GPO Box 5218, Sydney NSW 2001

   Website: https://www.oaic.gov.au