Vyplio, Inc., a Delaware corporation ("Vyplio," "we," "us," or "our"), respects your privacy and is committed to protecting your personal information. This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you visit vyplio.com (the "Website") or use our product, Vyplio (the "Product") (collectively, the "Services").
Note for Done-For-You ("DFY") clients: Vyplio also offers a separate Done-For-You managed service. DFY engagements are governed by a separate signed agreement between Vyplio and the client, which controls the collection and use of client and end-user data in connection with that service. This Privacy Policy does not apply to DFY engagements except where explicitly referenced in the applicable DFY agreement.
Business use. The Services are designed and offered for business, commercial, and professional use. We do not offer the Services for personal, household, or family use. Where we collect personal information, we generally collect it about a person acting as a representative, employee, contractor, or authorised user of a business or organisation.
By using our Website or Services, you agree to the collection and use of information in accordance with this Privacy Policy. If you do not agree with our policies and practices, please do not use our Website or Services.
1. Information We Collect
1.1 Information You Provide Directly
Account Registration and Paid Services. When you sign up for the Product, we collect:
- Your email address and country or region of residence
- Billing and payment information (processed by our third-party payment processor; we do not store full payment card numbers on our servers)
- Account credentials and profile information
- Any additional information you choose to provide in connection with the Services
Brand, Content, and Creative Information. When you use the Product, we collect the information you provide to generate and publish content, which may include:
- Your website URL and information we extract from it (products, positioning, audience)
- Prompts, instructions, briefs, preferences, and niche or category selections
- Brand assets you upload, such as logos, images, videos, and product photos
- Reference materials, source links, and content you choose to remix
- Content generated for you, your edits, and your approval and rejection decisions
Creator and Media Features. Where you use creator, avatar, face swap, voice, or similar features, we collect and process the inputs and outputs involved, which may include face images, likeness references, voice recordings, generated faces and voices, and related settings. You must only provide images, voice, or likeness of a person where you have the necessary rights and consents to do so.
Communications. If you contact us directly (e.g., via email, contact forms, or support channels), we collect the contents of your communication and any contact details you provide.
1.2 Information Collected Automatically
When you visit our Website or use the Product, we may automatically collect:
- IP address and approximate location derived from it
- Device and browser information (type, version, operating system)
- Usage data (pages visited, links clicked, time spent, referring URLs, features used)
- Content performance data for content published through the Services (views, engagement, and similar metrics made available by the platforms)
- Cookie and similar tracking technology data (see Section 8)
Consent and approval records. We keep records of acknowledgments and approvals you give within the Services, including purchase-flow acknowledgments and content approval decisions, together with timestamps. We keep these to operate the Services, evidence your instructions and consents, and comply with our legal obligations.
1.3 Information from Third Parties
We may receive information about you from third-party service providers, such as analytics providers and payment processors, in connection with their services to us.
1.4 Connected Social Media Accounts
If you connect your own social media account to the Services, we collect the information needed to provide the connection and publish on your behalf, which may include account names, identifiers, profile information, access tokens, permissions, published content, and performance and engagement data made available by the platform and authorised by you. You may revoke access at any time through the platform's security settings or within the Services. Your use of each platform remains governed by that platform's own terms and privacy policy.
2. How We Use Your Information
We use the information we collect to:
- Operate, maintain, and improve our Website and Services
- Process payments and provide the Product
- Generate, edit, schedule, and publish content at your direction, including to accounts we operate on your behalf and to social media accounts you connect
- Learn from the performance of your published content to improve the content and recommendations we provide to you, such as generating more of what your audience responds to
- Operate credits, usage allowances, plan limits, rate limits, and fair use controls
- Communicate with you about updates, security alerts, and support (these are transactional communications you cannot opt out of while you have an active account)
- Send marketing and promotional communications where you have opted in or where permitted by law
- Understand how users engage with our Services to improve features and user experience
- Detect, prevent, and address fraud, abuse, security, and technical issues
- Comply with legal obligations and enforce our Terms & Conditions
We collect country/location information at signup to help us understand our user base, plan regional availability and feature rollouts, and comply with regional legal requirements.
3. Legal Bases for Processing (EEA, UK, and Similar Jurisdictions)
If you are in the European Economic Area, the United Kingdom, or another jurisdiction with similar laws, we process your personal information on the following legal bases:
- Consent. Where you have given us consent (e.g., to send marketing emails).
- Contract. Where processing is necessary to perform a contract with you (e.g., to deliver the Product).
- Legitimate Interests. Where processing is necessary for our legitimate business interests, such as improving our Services, preventing fraud, and ensuring security, provided your rights do not override those interests.
- Legal Obligation. Where processing is necessary to comply with our legal obligations.
You may withdraw consent at any time without affecting the lawfulness of processing based on consent before withdrawal.
4. How We Share Your Information
We do not sell your personal information for monetary consideration. We may, however, use third-party advertising and analytics services that involve the disclosure of certain information (such as cookie identifiers or device data) in ways that may be considered "selling" or "sharing" under certain laws, such as the California Consumer Privacy Act (CCPA/CPRA). See Section 10.3 for your opt-out rights.
We may share your information in the following circumstances:
- Service Providers. With third-party vendors and contractors who perform services on our behalf (e.g., hosting, analytics, email delivery, payment processing, and content generation, model, and infrastructure providers used to deliver the Services). These providers are contractually required to safeguard your information and use it only for the purposes we specify.
- Social media platforms. When we publish content at your direction, the content and associated information are disclosed to the relevant platform and become subject to that platform's terms and privacy policy. Published content is public by nature.
- Legal Requirements. When required by law, subpoena, court order, or other legal process, or to protect the rights, property, or safety of Vyplio, our users, or others.
- Business Transfers. In connection with a merger, acquisition, financing, reorganization, bankruptcy, or sale of all or a portion of our assets.
- With Your Consent. With your consent or at your direction.
Aggregated and de-identified information. We may create and use de-identified and aggregated data, statistics, and insights derived from usage, content performance, and publishing activity across the Services, for analytics, benchmarking, research, product development, security, and business reporting. This information will not identify you or your brand.
5. International Data Transfers
Vyplio is based in the United States. If you access our Services from outside the United States, your information will be transferred to, stored in, and processed in the United States or other countries where our service providers operate. These countries may have data protection laws that differ from those in your country.
When we transfer personal data from the EEA, UK, or Switzerland to countries that have not been deemed to provide an adequate level of data protection, we use appropriate safeguards such as Standard Contractual Clauses approved by the European Commission.
6. Data Retention
We retain personal information only for as long as necessary to fulfill the purposes outlined in this Privacy Policy, unless a longer retention period is required or permitted by law. Specifically:
- Account and billing records for the Product are retained for the duration of the account plus any period required for tax, accounting, or legal purposes.
- Communications and support records are retained as needed to provide ongoing support and resolve disputes.
- Consent, approval, and acknowledgment records are retained for as long as reasonably necessary to evidence your instructions and consents, resolve disputes, and comply with legal obligations, which may extend beyond closure of your account.
- Content published to accounts we operate on your behalf is handled in accordance with our Terms & Conditions after your subscription ends. You retain ownership of your content and may request an export as described in the Terms.
When information is no longer needed, we delete or anonymize it.
7. Content Generation and Automated Processing
The Product uses our proprietary systems and, for certain features, third-party models and automated systems to generate, assist with, or enhance content. By using the Product, you understand and agree that:
- Generated content. Some or all content produced through the Product may be generated, modified, or assisted by automated systems.
- Your inputs and performance data. Information you provide as inputs to the Product (such as prompts, source materials, brand information, or preferences), together with the performance data of your published content, is used to generate outputs for you and to continually improve the content, recommendations, and results we provide to you. We may also use this information in de-identified or aggregated form to improve the Services generally. We do not ourselves use your inputs to train third-party models.
- Third-party providers. Certain generation features are delivered through third-party model and infrastructure providers, who process your inputs on our behalf to generate your outputs. Their processing is governed by our agreements with them and their own terms.
- Likeness and voice. Where you provide or generate a face, likeness, or voice, we process it solely to provide the features you use, such as maintaining a consistent creator identity or applying face swap at your direction. You are responsible for having the rights and consents for any real person's image, likeness, or voice you provide.
- Questions about automated processing. If you have questions about how automated processing affects your data or your use of the Services, please contact us at [email protected].
If applicable law grants you specific rights regarding automated decision-making (such as Article 22 of the GDPR), we will honor those rights. The Product is not designed to make decisions that produce legal or similarly significant effects on you without human involvement.
8. Cookies and Tracking Technologies
We may use cookies and similar tracking technologies to operate the Website, analyze usage, and improve user experience. Cookies are small data files stored on your device. Depending on the features and services active when you visit, these may include:
- Strictly necessary cookies required for the Website to function.
- Analytics cookies to understand how visitors use our Website (e.g., Google Analytics or similar).
- Functional cookies to remember your preferences.
You can control cookies through your browser settings. Disabling certain cookies may affect Website functionality. Where required by law, we will request your consent before placing non-essential cookies.
9. Data Security
We implement reasonable administrative, technical, and physical safeguards designed to protect your personal information from unauthorized access, disclosure, alteration, and destruction. However, no method of transmission over the Internet or electronic storage is 100% secure, and we cannot guarantee absolute security. You are responsible for maintaining the security of your account credentials, connected accounts, and devices, and for notifying us promptly of any suspected unauthorized access.
10. Your Privacy Rights
Depending on where you live, you may have certain rights regarding your personal information.
10.1 Rights for All Users
You may request to:
- Access the personal information we hold about you
- Correct inaccurate or incomplete information
- Delete your personal information
- Opt out of marketing communications (use the "unsubscribe" link in any marketing email)
10.2 Rights for EEA, UK, and Swiss Residents (GDPR)
In addition to the rights above, you have the right to:
- Restrict or object to our processing of your personal information
- Receive your personal information in a portable format
- Withdraw consent at any time
- Lodge a complaint with your local data protection authority
10.3 Rights for California Residents (CCPA / CPRA)
If you are a California resident, you have the right to:
- Know what categories of personal information we collect, use, disclose, and sell or share
- Request access to and deletion of your personal information
- Correct inaccurate personal information
- Opt out of the sale or sharing of personal information for cross-context behavioral advertising
- Limit the use of sensitive personal information
- Not be discriminated against for exercising your rights
In the past 12 months, we have collected the categories of information described in Section 1. We do not sell personal information for monetary consideration. To the extent that our use of analytics or advertising cookies constitutes "sharing" under the CCPA/CPRA, you may opt out by contacting us at [email protected] or by adjusting your cookie preferences.
10.4 Rights for Delaware Residents
If you are a Delaware resident acting in an individual or household context, and the Delaware Personal Data Privacy Act applies to our processing, you may exercise the applicable access, correction, deletion, portability, and opt-out rights described above. If we deny your request, you may appeal by replying to our decision. If your appeal is denied, you may contact the Delaware Department of Justice at [email protected].
10.5 Exercising Your Rights
To exercise any of these rights, contact us at [email protected]. We will respond within the timeframes required by applicable law. We may need to verify your identity before fulfilling certain requests. We may refuse or limit a request where permitted by law, including where fulfilling it would affect the privacy or rights of others, compromise security, or conflict with our legal obligations or record-keeping requirements.
11. Children's Privacy
Our Services are not directed to children. You must be at least 18 to use the Services. We do not knowingly collect personal information from anyone under 18. If you believe we have collected information from a person under 18, please contact us at [email protected] and we will take steps to delete it.
12. Third-Party Links and Services
Our Website may contain links to third-party websites or services. This Privacy Policy does not apply to those third parties, and we are not responsible for their privacy practices. We encourage you to read their privacy policies before providing any information.
13. Changes to This Privacy Policy
We may update this Privacy Policy from time to time. When we make material changes, we will notify you by updating the "Last Updated" date at the top of this Policy and, where appropriate, by additional notice (such as email or a notice on our Website). Your continued use of the Services after changes become effective constitutes acceptance of the revised Policy.
14. Contact Us
If you have questions, concerns, or requests regarding this Privacy Policy or our data practices, please contact us at:
Vyplio, Inc. Email: [email protected] Website: https://vyplio.com