Privacy Policy of SkySparxx AI

Effective Date: [January 9, 2025]

1. Introduction and Scope

This privacy policy informs users about the nature, scope, and purposes of the collection and use of personal data by SkySparxx AI (hereinafter "Provider") on the website www.skysparxx.ai.

The protection of your personal data is of particular concern to us. We therefore process your data exclusively on the basis of legal provisions (GDPR, DSG 2018, TKG 2003).

2. Data Controller

Nafis Khan
Magazingasse 12, Top 5
9020 Klagenfurt am Wörthersee
Austria

Email: skysparxx.ai@gmail.com

3. Principles of Data Processing

We process personal data only when there is a legal basis for doing so, in particular:

• Consent: You have given us your consent.
• Contract Performance: Processing is necessary for the performance of a contract or for carrying out pre-contractual measures.
• Legal Obligation: Processing is necessary for compliance with a legal obligation.
• Legitimate Interests: Processing is necessary for the purposes of our legitimate interests, provided that your interests or fundamental rights and freedoms do not override these interests.

4. Data Collected and Processing Purposes

4.1. When Visiting the Website

When you visit our website, we automatically collect data that is necessary for the operation and security of the website (server log files). This includes:

• IP address
• Date and time of access
• Name of the page accessed
• Referrer URL (the previously visited page)
• Browser type and version
• Operating system

This data is processed for technical purposes to ensure the functionality of the website and to ensure system security. The legal basis is our legitimate interest pursuant to Art. 6 para. 1 lit. f GDPR.

4.2. When Registering and Using User Accounts

When registering and using our services, we process the following data:

• Name, email address
• Password (in encrypted form)
• Information about purchased credits and their consumption

The purpose of this processing is the fulfillment of the user agreement (Art. 6 para. 1 lit. b GDPR), the management of your user account, and the processing of services.

4.3. Payment Processing via PayPal

For payment processing of our services, we use the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg.

If you choose one of the payment methods offered by PayPal (e.g., PayPal account, credit card), your payment data will be transmitted directly to PayPal. We do not store sensitive payment data such as credit card numbers ourselves.

The data transmitted to PayPal may include:

• Your data provided during the order (name, address, email address).
• Information about your order (purchased credits, invoice amount, currency).
• Your IP address and possibly other technical data that PayPal needs for fraud prevention and payment processing.

The legal basis for data transmission is contract fulfillment (Art. 6 para. 1 lit. b GDPR), as the transmission of your data is necessary for processing the payment you initiated.

Please note that PayPal is an independent data controller responsible for processing your data. PayPal's privacy policy can be found at: https://www.paypal.com/de/legalhub/paypal/privacy-full. We recommend reading this to be informed about PayPal's processing of your data.

Additional Note: PayPal reserves the right to conduct credit checks for certain payment methods (e.g., credit card via PayPal). For this purpose, your payment data may be transmitted to credit agencies based on PayPal's legitimate interest (Art. 6 para. 1 lit. f GDPR). You can object to this processing at PayPal, although further processing for proper payment processing may still be necessary.

The legal basis for data transmission is contract fulfillment (Art. 6 para. 1 lit. b GDPR).

4.4. When Generating AI Content

• Input Data (Prompts and Uploaded Images): The texts you enter and images you upload are processed to create the AI-generated content. This data may be temporarily stored to provide the service and improve the quality of AI models.
• Generated Content: The images and videos created by AI are stored in your user account.

The legal basis for this is contract fulfillment (Art. 6 para. 1 lit. b GDPR). You can manage the storage of your generated content in your account at any time.

5. Cookies

We use cookies on our website. These are small text files that your browser stores.

• Technically Necessary Cookies: These are required for the basic functionality of the website (e.g., for login status). The legal basis is our legitimate interest (Art. 6 para. 1 lit. f GDPR).
• Analytics and Marketing Cookies: [Add information here if you use Google Analytics, Matomo, etc. Specify which services you use and how users can withdraw their consent.]

6. Your Rights as a Data Subject

Under the GDPR, you have the following rights:

• Right to information about your stored data (Art. 15 GDPR).
• Right to rectification of incorrect data (Art. 16 GDPR).
• Right to erasure of your data (Art. 17 GDPR).
• Right to restriction of processing (Art. 18 GDPR).
• Right to data portability (Art. 20 GDPR).
• Right to object to processing (Art. 21 GDPR).
• Right to withdraw consent (Art. 7 para. 3 GDPR).

To exercise these rights, you can contact us at any time using the email address mentioned above.

7. Right to Complain to the Supervisory Authority

If you believe that the processing of your data violates data protection regulations, you can complain to the competent supervisory authority. In Austria, this is the Austrian Data Protection Authority, Barichgasse 40-42, 1030 Vienna.

8. Data Security

We take appropriate technical and organizational measures to protect your data against manipulation, loss, destruction, and unauthorized access by third parties.

9. Changes to This Privacy Policy

We reserve the right to adapt this privacy policy as needed to comply with changed legal requirements or new services. The current version can be found on our website.