Fotny Privacy Policy

Introduction

Effective date: March 10, 2025

This Privacy Policy ("Policy") is issued by Alpeen Technologies GmbH, a company registered in Switzerland, as the data controller for the Fotny application ("App"). It explains how we collect, use, disclose, and safeguard your information. By using Fotny, you agree to the collection and use of your information in accordance with this Policy. If you do not agree, please do not use the App.

Information We Collect

When you use Fotny, we may collect personally identifiable information (Personal Information) that you voluntarily provide to us, including but not limited to:

• Name
• Email address
• Profile information (such as profile picture, biography)
• Payment information processed via Stripe (if you make purchases through the App)
• Photos you upload to the App and associated metadata
• Biometric data derived from facial recognition processing of uploaded photos (where you have provided explicit consent)

We may also collect non-personally identifiable information (Non-Personal Information) about you when you use Fotny, including but not limited to:

• Device information (such as device type, operating system)
• Usage data (such as how you interact with the App, pages visited, time spent on the App)
• Profile information (such as profile picture, biography)
• Location information (if you choose to share it)

We may receive information about you from third-party services, such as social media platforms, if you choose to link your Fotny account with these services.

How We Use Your Information

We use the information we collect to:

• Provide and maintain the App
• Personalize your experience on Fotny
• Process transactions and manage your orders
• Communicate with you about your account, updates, and promotional offers
• Improve the App and develop new features
• Protect against fraudulent or illegal activity

Sharing Your Information

We do not sell, rent, or share your personal information with third parties for commercial or marketing purposes. No one outside of Alpeen Technologies GmbH has access to your production data, except for the data processors listed below who act solely on our instructions under binding Data Processing Agreements (DPAs).

• Stripe, Inc. — payment processing. Stripe receives only the data necessary to process your transaction. Stripe operates under its own privacy policy and security certifications.
• Microsoft Azure and Amazon Web Services (AWS) — cloud infrastructure and hosting. Your data is stored on servers provided by these processors. They act as infrastructure providers only and do not process your personal data for any other purpose.
• SendGrid (Twilio Inc.) — transactional and notification email delivery. SendGrid receives your email address (and, where applicable, your name) solely to deliver emails on our behalf and does not use this data for any other purpose.
• Legal Obligations: We may disclose your information if required to do so by law or in response to valid requests by public authorities (e.g., a court or government agency).
• Business Transfers: In the event of a merger, acquisition, or sale of all or a portion of our assets, your information may be transferred to the acquiring entity.

Biometric & Facial Recognition Data

Fotny uses facial recognition technology to provide certain App features. This processing involves biometric data, which is classified as a special category of personal data under Swiss law (nDSG) and the GDPR. The following rules apply:

• Explicit consent: We will only perform facial recognition processing on your photos with your explicit, informed consent. You may withdraw this consent at any time.
• Third-party photos: You must not use Fotny's facial recognition features to process images of other individuals without their explicit consent.
• Retention: Biometric data and all facial recognition metadata are permanently and irreversibly deleted within 90 days of the associated photos being uploaded or upon account deletion, whichever occurs first.

User-Generated Content (Photos)

When you upload photos to Fotny, those photos and any associated metadata are stored on our servers solely to provide the App's features. The following data retention rules apply:

• Photos and all related recognition data are permanently and irreversibly deleted within 90 days of upload.
• Upon account deletion, all your uploaded photos and associated data are permanently deleted without undue delay.
• Alpeen Technologies GmbH assumes no responsibility for the content of photos uploaded by users. By uploading photos you confirm that you own the photos or have all necessary rights and consents to share them through the App.

Cookies and Tracking Technologies

Fotny uses cookies and similar tracking technologies to enhance your experience. Cookies are small files that are stored on your device and allow us to recognize your preferences. You can control the use of cookies through your browser settings, but please note that disabling cookies may affect the functionality of the App.

Data Security

We take reasonable measures to protect your information from unauthorized access, use, or disclosure. However, no method of transmission over the internet or electronic storage is 100% secure, so we cannot guarantee absolute security.

Your Rights under Swiss Law (nDSG) & GDPR

Depending on your country of residence, you may have the following rights regarding your personal data:

• Right of access: Request a copy of the personal data we hold about you.
• Right to rectification: Request correction of inaccurate or incomplete data.
• Right to erasure: Request deletion of your personal data where there is no legitimate reason for us to continue processing it.
• Right to restriction: Request that we restrict processing of your data in certain circumstances.
• Right to data portability: Request a machine-readable copy of your data to transfer to another service.
• Right to object: Object to processing based on our legitimate interests.
• Right to withdraw consent: Where processing is based on consent (e.g., facial recognition), you may withdraw consent at any time without affecting prior processing.
• Right to lodge a complaint: You have the right to lodge a complaint with the Swiss Federal Data Protection and Information Commissioner (FDPIC) or, if you are an EU resident, your local supervisory authority.

To exercise any of these rights, contact us at privacy@fotny.com.

Data Retention

We retain your personal data for as long as necessary to provide the App and fulfil the purposes described in this Policy, unless a longer retention period is required by law. Photos and biometric data are subject to the 90-day deletion schedule described in the sections above. Account data is retained until you request account deletion.

Children’s Privacy

Fotny is not intended for use by individuals under the age of 18. We do not knowingly collect Personal Information from children under 18. If we become aware that we have inadvertently collected such information, we will take steps to delete it.

International Data Transfers

Alpeen Technologies GmbH is based in Switzerland. Our data processors — Stripe, Inc. (USA), Microsoft Azure (USA/EU regions), Amazon Web Services (AWS) (USA/EU regions), and SendGrid (Twilio Inc.) (USA) — may process data outside Switzerland and the European Economic Area (EEA). Where such transfers occur, we ensure appropriate safeguards are in place, including Standard Contractual Clauses (SCCs) approved by the European Commission and equivalent mechanisms recognised under Swiss law (nDSG). By using the App, you acknowledge that your data may be processed in countries with different data protection standards.

Changes to This Policy

We may update this Privacy Policy from time to time. We will notify you of any changes by posting the new Policy on the App. Your continued use of Fotny after any changes to this Policy constitutes your acceptance of the updated terms.

Contact Us

If you have questions or concerns about this Privacy Policy, please contact us at info@fotny.com.

For data protection and privacy requests (including data access, correction, or deletion), please contact our privacy team at privacy@fotny.com.