Privacy Policy
Application Privacy Policy
YOUR ARTWORK IS CONFIDENTIAL, PERIOD.
We at Hypersketch Pte. Ltd. (“Hypersketch”), take your personal data and privacy seriously. As creatives who initially developed Hypersketch to work on our own client projects, we know how confidential your data needs to be.
WHEN USING HYPERSKETCH TO CREATE ARTWORK, THIS IS HOW YOUR DATA IS STORED:
1. Your artwork, videos, drawing tools settings, and colour palettes, are all saved locally
2. If you use our experimental AI features to generate derivative images from your sketches, it becomes necessary to send your chosen sketch to our cloud servers in order for these to be used as input images to create derivative images using generative AI. Both your input images and the derivative images generated are kept private and confidential. They are securely hosted on the server to allow your device enough time to download these images from the cloud for your use. These are periodically flushed.
3. The use of Hypersketch’s AI features means that you are bound to the conditions of the CreativeML OpenRAIL-M license. This license can be found here: https://huggingface.co/spaces/CompVis/stable-diffusion-license
OWNERSHIP AND CONFIDENTIALITY OF YOUR ARTWORK
4. Unless you intentionally choose to post or share your sketches through device's functions, external apps, or functions provided within Hypersketch, no artwork you created will ever leave your device, leave our AI generative servers and troubleshooting computers, or be sent to any third party.
5. Where permissible by law, you remain the owner, author, copyright holder of the input images you created, as well as the derivative images you generated using our AI features. We do not guarantee that the image you generate is sufficiently novel to qualify for a defensible copyright, nor do we provide any guarantees that such output does not infringe on another’s copyright. We claim no rights in the output You generate using the Hypersketch. You are accountable for the output you generate and its subsequent uses.
6. Your data is absolutely not used for any form of training of our AI models. It is used solely to provide you with the generated images you requested, and only held on the server after the AI generation to facilitate sufficient time for your device to download it. For users without Paid plans, the images you use for and receive from AI generation may be accessed by only two of our server administrators for technical troubleshooting. This is rare and only possible before the images are flushed. Even when viewed, the source of the accessed images are also unidentifiable. Users on any form of Paid plans are given total privacy, and your images that you used for and received from AI generation are strictly never opened even in the event of any malfunction or technical troubleshooting. They still reside on our servers momentarily for you to download to your own devices but they are never accessed by anyone other else.
CHANGES TO THIS PRIVACY POLICY
7. Other than the confidentiality of your artwork, changes to the Privacy Policy may be needed over time. An upcoming one, for example, will allow us to provide you the option to back up your artwork into your own iCloud account.
8. Any changes will become effective when we post the revised Privacy Policy here on this page.
COLLECTION, USE AND DISCLOSURE OF YOUR PERSONAL DATA
9. We intend to collect non-identifiable information about the number of artwork created, the rate of usage of the app, or similar metrics relating to the frequency and duration of usage of the app and its functions. These are used to optimize the performance of the app in future revisions.
10. None of these analytics is tied to identifiable persons, nor disclosed to third parties outside of the design and development team responsible for creating the app.
If you have any questions regarding your personal data or this Privacy Policy, you can contact us by visiting this page on our website.
Website Privacy Policy
This is the privacy policy of ‘hypersketch.com’ website.
WHO WE ARE
1. We at Hypersketch Pte. Ltd. (“Hypersketch”), take your personal data and privacy seriously. This policy explains how we manage your personal data in compliance with Singapore’s Personal Data Protection Act 2012 (“PDPA”).
2. Personal data refers to data, whether true or not, about an individual who can be identified: (a) from that data; or (b) from that data and other information to which we have or are likely to have access. Examples of personal data which you may provide to us include your name, billing address, email address, contact number, residential address, login data, profile data, username and password, and video, image or audio recordings of you. For the avoidance of doubt, data that has been anonymised by the removal of personally identifiable information shall not be regarded as personal data.
3. This policy applies to all personal data which we may collect from you or your authorised representative through our website, web services, online services, mobile or other applications (collectively the “HYPERSKETCH Services”), third-party online services with related accounts accessible or controlled by us (including Typeform, VideoAsk, and Google forms), social media accounts (including Facebook, Instagram, LinkedIn, TikTok, Twitter, Behance etc.), instant messaging accounts, online advertisements and any other media utilised by HYPERSKETCH or from any other form of interaction with you or your authorised representative, or from third parties (the HYPERSKETCH Services and these other modes of collection shall collectively be referred to as “media of collection”).
CHANGES TO THIS PRIVACY POLICY
4. This Privacy Policy may be changed over time. Any changes will become effective when we post the revised Privacy Policy on the HYPERSKETCH Services and/or other media of collection.
COLLECTION, USE AND DISCLOSURE OF YOUR PERSONAL DATA
5. We may collect your personal data in the following ways:
5.1. when you access or use any of the HYPERSKETCH Services;
5.2. when you create an account on the HYPERSKETCH Services;
5.3. when you subscribe to any of our mailing lists, newsletters and/or social media channels;
5.4. when you make a transaction regarding any of our products or services;
5.5. when you communicate with us whether through our website’s online form, email, HYPERSKETCH social media accounts, instant messaging, phone calls, face-to-face interactions, any of the media of collection, or any other means;
5.6. when you participate in any promotion, activity, campaign, or survey initiated by HYPERSKETCH;
5.7. when you log in to your account on any HYPERSKETCH Services or otherwise interact with us via an external service or application;
5.8. when you interact with any of our agents, officers, contractors or employees;
5.9. when we receive personal data from third parties such as vendors, suppliers, business partners or customers;
5.10. when you interact with and/or provide your personal data to HYPERSKETCH via any of our online advertisements; and
5.11. when you provide your personal data to us for any other reason any by any means whatsoever.
6. The type of personal data we may collect from you includes the following:
6.1. When you make enquiries regarding our products or services via our email accounts, social media accounts, websites, or other media of collection, or when you interact with the HYPERSKETCH website, HYPERSKETCH online advertisements or other media of collection, we may collect details from you such as your name, name of employer or business, place of employment / business, email address, contact numbers, residential and/or business addresses.
6.2. When you are engaging and/or transacting with HYPERSKETCH for the procurement of our products or services, we may collect details from you such as your name, name of employer or business, place of employment / business, email address and contact numbers. Where you are engaging HYPERSKETCH on a prolonged basis for the purposes of a project or collaboration, we may collect similar information on or from your authorised representatives or employees for the purposes of ongoing communications during the period of the project or collaboration.
6.3. When you are engaging with HYPERSKETCH as a prototype user of any of our products or services, we may collect details from your such as your name, contact number, email address, age, demographic information, visual, audio or other recordings of your use of the prototype in question, as well as your personal feedback on the prototype; such collection may be done by a variety of media of collection, including in-person meetings and online forms.
6.4. When you are accessing our mobile or other applications as a product user, we may, through such application, collect details from you such as your name, email address, contact number, product usage data and product usage diagnostics for the purposes of our product development and improvement.
7. If you choose to interact with us through social media, your personal data (such as your name and the fact that you are interested in HYPERSKETCH, its products and/or services) will also be visible to all the visitors of your personal account or page on such social media platform, according to your privacy settings on the social media services. HYPERSKETCH is not responsible for the processing of such personal data or the privacy policy of such social media websites / platforms. When you communicate with us through social media (for example, when you post a comment, upload media, send a personal message or click the “Like” button), we may receive personal data about you (such as your username, profile photo, your location, and your email address). We will use the data received from social media in accordance with this Privacy Policy.
8. You should ensure that all personal data submitted to us is complete, accurate, true and correct. Any failure on your part to do so may result in our inability to provide you with the products and services you have requested. We shall have the right to request for documentation and carry out the necessary checks to verify the personal data provided by you as part of our user verification processes or as required under law.
9. HYPERSKETCH processes your personal data for the following purposes:
9.1. to facilitate your use or our provision of the HYPERSKETCH Services or any of our other products of services;
9.2. to administer your account with our mobile application(s) or other HYPERSKETCH Services, including account and identity verification;
9.3. to understand reactions and feedback to prototypes, products and/or services offered by us for product development and improvement;
9.4. to communicate with you regarding our website, products, services, campaigns, promotions, and surveys, including changes to our terms and conditions and policies;
9.5. to communicate with you for the provision of such product and/or service requested by you via the HYPERSKETCH Service or other media of communication;
9.6. for the purposes of communication and marketing of business opportunities, opportunities for collaboration and/or offerings of our products and services;
9.7. to respond to your queries or requests or provide customer support;
9.8. to investigate or process any wrongdoing, complaints, feedback, enforcement action or legal action in relation to our business, products or services;
9.9. to store, host, back up data, including personal data;
9.10. any other purposes relating to the above purposes.
10. We may disclose or permit the disclosure of your personal data or transfer your personal data to third parties for the above-mentioned purposes. These third parties, which may be located in or outside your jurisdiction, include but are not limited to: service providers in respect of research and development, data analytics, market or consumer research, marketing, customer service, information technology and website hosting, professional services, and their service providers and related companies.
11. We may share your personal data with third party service providers for them to provide services to you if you choose to use such third-party services. Your acceptance or use of the third-party service provider’s services shall be subject to terms and conditions as may be agreed between you and the third-party service provider. Upon your acceptance of the third-party service provider’s service, the collection, use, disclosure, storage, transfer and processing of your data (including your personal data and any data disclosed by us to such third-party service provider) shall be subject to the applicable privacy policy of the third-party service provider, who shall be deemed the data controller of such data. You agree that any queries, issues or complaints relating to your acceptance or use of the third-party service provider’s services shall be directed to the third-party service provider in accordance with their applicable privacy policy.
12. We may share your personal data with a competent public authority, government, law enforcement or regulatory agency as permitted or required by applicable law or regulations.
13. We may share your personal data with any person to whom HYPERSKETCH proposes to transfer any of its rights and/or duties relevant to you, including in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock.
14. If we disclose your personal data to these third parties, we endeavour to ensure that the third parties keep your personal data secure from unauthorised access, collection, use, disclosure or processing and retain your personal data only for as long as your personal data is needed to achieve the above-mentioned purposes or in compliance with applicable laws.
15. We may transfer or permit the transfer of your personal data outside of the jurisdiction for any of the purposes set out in this Privacy Policy. However, we will not transfer or permit the transfer of any of your personal data outside of such jurisdiction unless the transfer is in compliance with applicable laws.
16. You should rest assured that we do not sell your personal data to any third party. Our employees and any third parties engaged by us are contractually obligated to protect the privacy and confidentiality of your information.
17. If you have provided to us any third party’s personal data, you shall be deemed to have obtained that party’s consent for the relevant purpose of providing the personal data to us.
18. Additionally, we may disclose your personal data to third parties if we believe that we are required by law to so disclose or that such disclosure is reasonably necessary to protect the rights, property or safety of our customers, the public or us.
MISCELLANEOUS
19. To the maximum extent permitted by law, HYPERSKETCH shall not be liable in any event for any special, exemplary, punitive, indirect, incidental or consequential damages of any kind or for any loss of reputation or goodwill, whether based in contract, tort (including negligence), equity, strict liability, statute or otherwise, suffered as a result of unauthorised or unintended use, access or disclosure of your personal data.
20. This Privacy Policy, our privacy practices and your use of the HYPERSKETCH services or other media of collection in connection with our goods and services, shall be governed by Singapore law. We make no representation that this Privacy Policy and our privacy practices comply with the laws of any other country. If you are not residing in Singapore, your use of our website shall be deemed to mean that you will not hold us responsible for any non-compliance with the laws of your residence to the extent that such laws are applicable. Further, by your continued use of our website, you consent to the transfer and use of your personal data outside your jurisdiction.
If you have any questions regarding your personal data or this Privacy Policy, you can contact us by visiting this page on our website.