We hope that you will carefully read and understand this Privacy Policy before using our application and related services so that you can make appropriate choices. Important terms regarding your personal data rights are highlighted in bold, please pay special attention to them. Privacy Policy & Terms of service Privacy Policy Version 2.0. Effective 01.06.2023 Scope of this Privacy Policy TheMagic.ai is committed to protecting your privacy. This Privacy Policy explains how we handle data, including what we collect and how we obtain it, how we use it, when and if we disclose it, and some of your options for managing your data with TheMagic.ai with regard to: ● our apps and related services which we generally refer to as the “Services”; Our games refer to mobile apps published under the following accounts: ̶ App Store & Google Play Store Who are we and how to contact us? The words “we”, “our”, “us” refer to to TheMagic.ai . TheMagic.ai TheMagic.ai is a company incorporated in Estonia and having its registered office at Harju maakond, Tallinn, Kesklinna linnaosa, Tornimäe tn 5, 10145,estonia. You may also contact our Data Protection Officer via email at: sean@themagic.ai What data, for what purposes, how long, and based on what grounds do we process as a Controller? Purpose of Processing How we collect the data? Data Subjects: Categories of Data Storage Period Legal Basis Creation of new accounts which allows new players to initially access the Services Directly from you Automatically through third parties Our users: Contact information provided by you within the Services, such as nickname and email address Data about your device, such as device name, model and operating system, screen resolution, browser type, country and language settings, internet provider, cellular net operator, network type Data obtained through third parties, such as your application store ID (Google Play Store, App Store) Until the termination of a contract or until the deletion of an account, whichever happens earlier, and within the terms specified by law Processing is necessary for the performance of a contract to which you are a party. We will not be able to provide you with our Services if you do not provide these data Delivery of the requested services and products Directly from you Automatically through your use of our apps Our users: Data about your game progress & account Data about your use of the Services, such as gameplay data and your interactions with other players inside the Services In-service communication, such as chats with other Services’ users and/or communication with the support team Directly from you Automatically through your use of our apps Our users: Data about your game progress & account Data about your use of the Services, such as gameplay data and your interactions with other players inside the Services Your communication logs with the Services support or the community team, such as support tickets or in-service chat texts Our legitimate interests to improve the quality of our Services Processing is necessary for the performance of a contract to which you are a party. We will not be able to provide you with our Services if you do not provide these data Verification and confirmation of payments processed through and/or within the Services Automatically through your use of our apps Our users: Contact information provided by you within the Services, such as nickname and email address Timely notification & related information delivery, such as support messages, updates, and security alerts Directly from you Automatically through your use of our apps Our users: Contact information provided by you within the Services, such as nickname and email address Your communication logs with the Service support or the community team, such as support tickets or in-service chat texts Our legitimate interests to improve the quality of our Service Player experience improvement, development, and customization Automatically through your use of our apps Our users: Data about your game progress & account Data about your use of the Services, such as gameplay data and your interactions with other players inside the Services Services security maintenance Directly from you Automatically through your use of our apps Our users: Contact information provided by you within the Services, such as nickname and email address Data about your game progress & account Data about your use of the Services, such as gameplay data and your interactions with other players inside the Services As long as necessary in order to maintain the security Our legitimate interests to manage security, risk and prevent fraud Ads personalization Automatically through your use of our apps Our users: Data about your device, such as device name, model and operating system, screen resolution, browser type, country and language settings, internet provider, cellular net operator, network type Your IP address and mobile device identifiers, such as your device ID, advertising ID, MAC address, geo-location, IMEI Data obtained through third parties, such as your application store ID (Google Play Store, App Store) Until you withdraw your consent or until we lose interest in achieving the processing purpose whichever happened earlier Your consent to receive personalized ads You may withdraw your consent by changing your device settings. If you’re using iOS, go to Settings > Privacy > Advertising and turn on Limit Ad Tracking. For most Androids, the option is in the Settings app under Google > Services > Ads. Other Androids may have it under Settings > Privacy > Advanced > Ads. Better understanding your preferences, helping you navigate our website, personalizing and providing more convenient experience to you, analyzing which pages you visit, and measuring advertising and promotional effectiveness Automatically through your use of our websites Our website visitors: IP-address, GEO (country or town), OS type and version, browser type and version, type of device and its display resolution, traffic source for the visitor, OS and browser language, which buttons are being clicked and what pages are being opened. 2 years or until you withdraw your consent, whichever happened earlier Your consent to store cookies in your browser You may withdraw your consent at any time by changing the settings of your web browser as set in our Cookie Policy General complaints and requests processing Directly from you Persons sending us requests or complaints: name, phone number, email-address, troubleshooting and support data (content of a message) As long as necessary in order to assist you with your queries unless, and within the terms specified by law Our legitimate interests to assist you with your queries In any case once data is no longer required for a particular purpose, it will be securely destroyed or anonymised (so the data no longer identifies you) even though the set retention period is not expired yet. Who do we share your data with? Affiliates/Business Partners. We share your personal data with our affiliates and partners in the EEA and outside the EEA. As an international group of companies, we share your data with our affiliates in order to administer our IT systems. Service Providers/Vendors. We also use various third-party service providers to help us provide the Services and give support. As such, we share your data with our hosting provider, IT-administration service provider, web and in-app analytics service providers, ads service providers, service desk providers. They only receive data needed to provide their services to us. We have agreements with our service providers that say they cannot use any of this data for their own purposes or for the purposes of another third party. We prohibit our service providers from selling data they receive from us or receive on our behalf. We require service providers to use data only in order to perform the services we have hired them to do (unless otherwise required by law). For example, we may use a company to help us provide client support. The information they may receive as part of providing that support cannot be used by them for anything else. Third party cookies and similar technologies. We share your data related to cookies and similar technologies to better understand your preferences, help you navigate our apps, personalize and provide you with a more convenient experience, to analyze which pages you visit, and to measure advertising and promotional effectiveness. Where a data transfer outside the EEA is not covered by an EU Commission adequacy decision, we rely on lawful safeguards mainly Standard Contractual Clauses that ensure that your data is properly protected. We also ensure in our data processing agreements with our third parties that they only process your personal data in accordance with our instructions and in order to ensure the integrity and confidentiality of your personal data entrusted to them. Please feel free to contact us for additional information on data transfers. Automated decisions We do not make any automated decisions about you that would result in legal or other similarly significant effects on you. Cookies Please read our Cookie Policy for information about cookies. Your rights You have the following rights under the GDPR concerning personal data: − right of access − right to rectification of personal data − right to erasure (right to be forgotten) − right to restriction of processing − right to data portability (to receive a copy of personal data in a commonly used machine-readable format) − right to object against processing for specific purposes (such as direct marketing) − right object to automated processing including profiling − right to withdraw consent − right to lodge a complaint Right of Access. You have the right to request more information about the personal data we hold about you. You can request a copy of personal data. Right to Rectification. If you believe that personal data we hold about you is incorrect or incomplete, you have the right to request that we correct or supplement the data. You can also correct some of this information directly in our apps. Please contact us as soon as possible if you notice any inaccuracy or incompleteness. Right to Erasure. You have the right to request that we erase some or all of your personal data from our systems. Please note that if you delete our app from your device, we will still be processing your data if we have an appropriate legal basis for this. Right to Restriction of Processing. You have the right to ask us to restrict further processing of your personal data if ̶ the accuracy of your personal data is contested by you for a period enabling us to verify the accuracy of your personal data, ̶ the processing is unlawful, and you oppose the erasure of your personal data and request to restrict of their use instead, ̶ we no longer need personal data for the purposes of processing, but you require it to establish, exercise or defend legal claims, ̶ you objected to processing pursuant to your right to object pending the verification whether our legitimate grounds override those of yours. Right to Data Portability. You have the right to ask for a copy of your personal data in a structured, commonly used and machine-readable format and to request that we transmit the data to another controller where it’s technically possible if our legal basis if your consent or where the processing is necessary for the performance of a contract to which you are a party. Right to Object. You have the right to object to processing of your personal data (including direct marketing purposes) which is based on our legitimate interests at any time. We will no longer process personal data unless we demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims. You may exercise the mentioned rights by contacting us via email at sean@themagic.ai Right to Withdraw Consent. If we process your personal data on the basis of your consent, you have the right to withdraw it at any time. You may exercise the mentioned right as described in this Policy. Right to Lodge a Complaint. You have the right to lodge a complaint with a data protection authority, in particular in the Member State of your habitual residence, place of work, or where an alleged infringement of the GDPR has taken place. Minors We offer to our users a range of apps, some of which are primarily targeted at children below the age of 16 years, and others that are intended for users of all ages. We generally do not process children’s personal data on the basis of consent but, if we do, in the event we discover we have collected information from a child below the age of 16 years, we will either delete their personal data or immediately seek the parent’s consent for that collection. Data Security TheMagic.ai is committed to protecting your personal data. We use a combination of industry-standard security technologies, procedures, and organizational controls and measures to ensure the integrity and confidentiality of your personal data and to protect your data from unauthorized access, use, or disclosure. If you have any questions about the security of your data, please contact us at sean@themagic.ai Changes to this Policy We regularly update this Policy in case there are significant changes in the way we process your personal data. You will receive a notification prior to such significant changes become effective by email if you provided us with your email address, by our mobile app or by pop-up notice on our website. Terms of use The terms of this agreement (“Terms of Use”) govern the relationship between you and TheMagic.ai regarding your use of TheMagic.ai ’s games, mobile applications, in-game chats and other related services (“Services”) provided by TheMagic.ai . Use of the Service is also governed by us’ Privacy Policy, which is incorporated herein by reference. BY DOWNLOADING, INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICES PROVIDED BY TheMagic.ai , YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF USE AND TheMagic.ai PRIVACY POLICY; AND REPRESENT THAT YOUR AGE IS SUFFICIENT FOR USE OF THE SERVICE UNDER THE APPLICABLE LAWS AND/OR YOUR LEGAL GUARDIAN HAS REVIEWED AND AGREED TO THESE TERMS OF USE. IF YOU DO NOT WANT TO BE BOUND BY THESE TERMS OF USE OR DISAGREE WITH THEM, PLEASE DO NOT DOWNLOAD, INSTALL, USE OR OTHERWISE ACCESS THE SERVICES. USE OF THE SERVICES WITHOUT ACCEPTANCE OF THESE TERMS OF USE IS STRICTLY PROHIBITED. 1. Account You may use your account only for your personal, non-commercial purposes. You shall not share the Account or the Login Information (such as Google Play account or Apple ID), neither should you let anyone else access your Account or do anything else that might threaten the security of your Account. You are solely responsible for keeping your Login Information confident, and you will be solely responsible for all uses of your Login Information, including any purchases or other changes to your Account and/or Account status, whether or not authorized by you. You are responsible for anything that happens through your Account. TheMagic.ai will not be responsible for anything that happens through or to your Account and/or Account status as a result of you allowing any third party to access your Login Information and/or Account. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify TheMagic.ai and modify your Login Information. In the absence of such prompt notification we cannot guarantee the safety of your Service progress. 2. Ownership & License TheMagic.ai owns & reserves all rights, title and interest in and to the Service, and all data and content included therein, without limitation any games, titles, including any game content such as computer code, objects, characters, dialogues, concepts, artwork, animations, catch phrases, sounds, musical compositions, audio-visual effects, methods of operation, documentation, in-game chat transcripts, character information, recordings of games played using TheMagic.ai game client and server software. TheMagic.ai owns and has rights to use any content that appears in the Services. You agree that you have no ownership, right or title in or to any content that appears in the Service, including without limitation (a) “Virtual Goods” or (b) “Virtual Currency” appearing or originating in any TheMagic.ai Services, whether earned in a Service or purchased from TheMagic.ai , or any other attributes associated with an Account or stored on the Service. You agree & acknowledge that you have no ownership or other property interest in the Account, and you further agree and acknowledge that all rights to the account are and shall forever be owned by TheMagic.ai . TheMagic.ai hereby grants you a non-exclusive, non-transferable, non-sublicensable, revocable limited license to access our Services for your non-commercial entertainment use only, conditioned upon your compliance with these Terms or Use. Unless expressly granted a license by TheMagic.ai in a signed writing, you may not reproduce, distribute, copy, exchange, modify, decompile, translate, lease services or any works from TheMagic.ai ’ intellectual property. Any violation of the ownership or use not in accordance with these Terms of Use is expressly prohibited and may result in severe civil or criminal penalties. 3. License limitations You agree that while using any of TheMagic.ai Services you will not, under any circumstances: {C}{C}{C}{C}{C}· {C}{C}{C}{C}{C}Initiate, assist, take part (directly or indirectly) in any type of attack, including any type of hacker attack, distribution of any viruses, worms, adware or any deleterious/malicious code upon the Services, or other attempts to disrupt the Services or to disturb any other person’s use of the Services. {C}{C}{C}{C}{C}· {C}{C}{C}{C}{C}Harass, bully, threaten any other users, post or submit any abusive, threatening, bullying, obscene, harassing, offensive, pornographic or illegal content, or any other content that infringes or violates the rights of other users. {C}{C}{C}{C}{C}· {C}{C}{C}{C}{C}Exploit any errors or bugs found in the provided Services and/or distribute them, nor promote the use of them to the other users in any way or form. {C}{C}{C}{C}{C}· {C}{C}{C}{C}{C}Attempt to access another user’s Account, collect or harvest personal information from other users, nor attempt to obtain another user’s Login information. {C}{C}{C}{C}{C}· {C}{C}{C}{C}{C}You will not attempt to gain unauthorized access to the Service, to Accounts registered to others, or to networks from which portions of the Service are provided, including by circumventing or bypassing robot exclusion headers or security mechanisms for the Service; {C}{C}{C}{C}{C}· {C}{C}{C}{C}{C}Apply any software, device, technology, or code to the Services in attempt to send content, spider, crape, or crawl the Services, nor harvest or manipulate data from the Services, including any user data; {C}{C}{C}{C}{C}· {C}{C}{C}{C}{C}Advocate, promote, or otherwise encourage any illegal behavior (including, but not limited to gambling, use of drugs, theft, causing harm to human life or health), or facilitate violation of these Terms of Use. 4. Purchases Within the Service you may purchase, with “real world” money, a limited, personal, non-transferable, non-sublicensable, revocable license to use “Virtual goods” such as: (a)”virtual currency”; (b) “virtual in-game items”; (c) other goods or services. You are only allowed to purchase virtual goods from us or our authorised partners through the Service, all other ways are prohibited unless stated otherwise. All Virtual Goods transactions are handled by third-party e-commerce payment providers. By purchasing in-game Virtual Goods, you agree to the third-party payment providers’ Terms of Use. You agree you do not have ownership or other property interest in any of the Virtual Goods you purchase the license for. Virtual Goods do not have monetary value and cannot be redeemed for any real world currency. You agree that all prices and sales of Virtual Goods are final and you can’t obtain any refunds for purchasing the license to use them except as expressly authorized by TheMagic.ai . TheMagic.ai reserves the right to change or limit the price, availability, or order quantity of any Virtual Goods as well as regulate, manage, modify or eliminate Virtual Goods with or without prior notification. TheMagic.ai shall have no liability to you or any third party in the event that TheMagic.ai exercises any such rights. 5. User Content TheMagic.ai Services may include opportunities to participate in group chats, surveys, message blogs, public or close tests or any other opportunities to create, submit and publish writings, graphical or other material (“User Content”). You grant, represent, warrant and agree that any of such transmission or submission is (a) accurate and not confidential or misleading; (b) not in violation of any laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content; (c) free of viruses, adware, spyware, worms or other malicious code; and (d) you acknowledge and agree that any of your personal information within such content will at all times be processed by TheMagic.ai in accordance with these Terms of Use. You understand and agree that by using the Services you may be exposed to User Content and actions from other users that are offensive, indecent, explicit or do not meet your expectations in any other way. TheMagic.ai reserves the right, in its sole discretion, to monitor, edit, refuse to post or remove any User Content. You acknowledge and agree that TheMagic.ai nonetheless assumes no responsibility and no obligation to modify any inappropriate User Content and that TheMagic.ai shall have no liability to you and or any third-party in any way for User Content, or for any damage or loss therefrom. 6. Updates & modification of the product TheMagic.ai reserves the rights to modify, change, update any parts of the Service such as Virtual Goods, Virtual In-game Items and any other features, and specifications of the Service with or without prior notice or liability to you. You acknowledge and agree that TheMagic.ai may require you to accept and download the updates required for further use and support of TheMagic.ai Services. You also acknowledge and agree that we may introduce automatic updates and/or modification to the Service which shall be applied without manual install, with or without additional notice to you. 7. Termination You understand and agree that if, under any circumstances, any of these terms are violated, regardless of whether the violation was accidental or intentional, these Terms of Use will be automatically terminated. Upon termination you must immediately stop any use of the Services. You acknowledge and agree that TheMagic.ai has the right to terminate or disable your Account at any time for any reason or no reason with or without prior notification. You agree that your obligations stated in the following sections: “2. Ownership & License”,“5. User Content”, “3. License Limitations” survive any termination. 8. WARRANTIES & LIABILITY LIMITATION WITHOUT LIMITING ITS LIABILITY TheMagic.ai WAIVES ANY WARRANTY AND/OR GUARANTEE OF ANY KIND, EXPRESS OR IMPLIED, THAT PROVIDED SERVICES ARE SUITABLE FOR YOUR PURPOSES, UNINTERRUPTED, SECURE, ERROR-FREE, VIRUS-FREE, FUNCTION PROPERLY OR DO NOT CONTAIN ANY HARMFUL COMPONENTS. ANY TheMagic.ai SERVICES ARE PROVIDED “AS IS”. TheMagic.ai SHALL NOT, UNDER ANY CIRCUMSTANCES, LEGAL THEORY, STRICT LIABILITY OR OTHERWISE, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT OR DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING BUT NOT LIMITED TO, ACTUAL LOSS, PROFIT LOSS, DATA LOSS, BUSINESS LOSS) REGARDLESS OF WHETHER TheMagic.ai HAS BEEN ADVISED OF SUCH DAMAGE OR NOT. 9. TERMS OF USE UPDATES You acknowledge and agree that TheMagic.ai reserves the right to update, modify or revise these Terms of Use or Privacy Policy at any time, by publishing updated version to website located at evolutiongames.io The updated Terms of Use or Privacy Policy come into force immediately upon being published. You are advised to check the website from time to time for notices concerning such updates. Only the English version of this document has legal effect. Any translations of this document to other languages are provided for your convenience only. In case of any issues related to these Terms of Use, please use the e-mail address sean@themagic.ai FaceAI Policy We understand the importance of privacy and are committed to protecting your personal data. This Privacy Policy outlines how we handle and use the information collected through our application. Please read this policy carefully to understand how your data is treated. 1. Face AI Recognition Technology 1.1 Image Processing: Our application utilizes advanced facial recognition technology to detect key facial points in the images you provide. This enables us to enhance and manipulate the images as per your preferences. We assure you that only anonymous data from your images will be analyzed, and we will not upload or disclose this data elsewhere without your explicit consent. 1.2 Mobile System Permissions: Storage Permissions: To use the photo enhance feature, we require access to your local media to select and edit photographs or save the enhanced images. Rest assured that we will not automatically obtain any videos or photos from your device, nor modify or delete any content in your local media storage. Photo Processing: When you choose a photo for enhancement, we may temporarily collect the selected photographs on our server for processing. 1.3 Customer Service and After-Sales Support: Feedback and Error Reports: When you provide feedback via email or submit an error report, we collect your username, email address, and the content of your message. This information allows us to address any issues you may encounter while using our products and services. We will retain your personal data only for as long as necessary for the aforementioned purposes. 2. Use of Personal Data We use the collected data for the following purposes, with strict adherence to this Privacy Policy. Your personal data will not be disclosed to third parties, except as specified below: Photo Enhancement: We utilize your provided images to enhance or edit them according to your preferences. All Face Images will be deleted in 7days period. Process Information: We display relevant information about the enhancement or editing process related to our program. Personalized Suggestions: We offer recommendations for the best-enhanced images based on your preferences. Application Improvement: To enhance and develop our application, we may request you to upload images for in-depth learning and optimization of our product's functionality. Quality and Service Enhancements: We continuously improve our service quality and enhancements by utilizing deep learning techniques and fixing any identified issues. Image Processing Capabilities: We strive to provide additional image processing features, validate new algorithms, and deliver high-quality image restoration services more efficiently. Service Maintenance: We monitor the usage of our service and ensure its smooth operation. Communication: When you contact us through email with feedback or error reports, we use your username, email address, and email content to communicate with you regarding any problems encountered while using our products and services. Contractual Obligations: We process personal data necessary for the formulation, compliance, and commitment of purchase contracts or any other contracts with you through our services. Request Management: We manage and address any requests you make to us. 3. Data Storage and Protection 3.1 Data Transfer: By consenting to this Privacy Policy and providing us with your information, you agree to the transfer of your data. We take all reasonable steps to ensure that your data is handled securely and in accordance with this Privacy Policy. We do not transfer your personal data to other organizations or countries unless adequate controls are in place. 3.2 Data Retention: We retain and use your personal data as long as necessary to comply with legal obligations, resolve disputes, enforce our agreements and policies, or fulfill the purposes described in this Privacy Policy Statement. We also retain personal data for internal analysis purposes. If you wish to copy or delete your personal data stored by us, please contact us using the email address provided in Article 11. 3.3 Data Security: We have implemented appropriate technical and security measures to protect your personal data from accidental loss, unauthorized access, misuse, alteration, disclosure, and destruction. While we strive to ensure the security of your personal data, please note that no internet transmission or storage method can guarantee 100% security. We recommend accessing our service in a secure environment. There are links to other websites that are not operated by Us in Our Service. If You click on a third-party link, You will be directed to that third-party website. We strongly recommend that You carefully review the Privacy Policy of each website You visit. We hereby declare that We have no control over, and are not responsible for, the practices, content or privacy policies of any third-party websites or services. Changes to this Privacy Policy With the extension of the scope of Our products and Services, We may update Our Privacy Policy from time to time and You are advised to regularly review this Privacy Policy for any changes. Changes to this Privacy Policy will be effective as soon as they are posted on this page. Before the change becomes effective, We will notify You by a prominent notice on Our Services and update the "Last Updated" date at the top of this Privacy Policy. Contact Us Your privacy matters to Us. Please note that whether to send Us Your feedback or bug report is entirely a voluntary act. If You have any questions or comments about Your Personal Data, or if You want further information about Our Privacy Policy, please feel free to contact Us at sean@themagic.ai, We will try Our best to provide clear answers to Your questions as quickly as possible. Thanks for Your support.