SMART SKETCHER AI APP PRIVACY POLICY

California Consumer Privacy Act (“CCPA”) Notice at Collection

The following serves as our notice at collection (“Notice”) of Personal Information. We collect personal information as detailed in this Notice and in our Privacy Policy.

Categories of Personal Information collected:
- Identifiers (including account information): This includes (e.g. your name, email address, mobile or other telephone number, username and password if you register an account with us.
- Demographic information. This includes (e.g. the child's age).
- Characteristics of Protected Classifications under California or Federal Law: This includes the child's gender.
- Commercial Information: This includes purchase, return, and transaction information

Purposes for which the Personal Information is used:
- To provide you with the App. We will use your Personal Information, including, without limitation, for the following purposes: (i) allow you to create an account; (ii) to provide you the products and services and to process your requests; (iii) communicate with you about your use of the products and services and for support purposes; (iv) fulfill any instruction and/or request made by you in the context of the products and services; (v) to personalize your experience with our products and services; and (vi) to generally administer and improve our products and services.
- For Administrative Purposes. Flycatcher use your information (i) to respond to your questions, comments, and other requests for customer support, or information, including information about potential or future products and services; (ii) to provide you with our products and services; (iii) for internal quality control purposes; (iv) to establish a business relationship; and (v) to generally administer products and services.
- To Market our products and services. We use information to market our products and services. Such use includes (i) notifying you about offers and services that may be of interest to you; (ii) tailoring content, advertisements, and offers for you, including, targeting and re-targeting practices; (iii) conducting market research; (iv) developing and marketing new products and services, and to measure interest in our products and services; (v) other purposes disclosed at the time you provide information; (vi) as you otherwise consent; and (vii) Please add other applicable purposes.
- Security purposes. Some of the abovementioned information will be used for detecting, taking steps to prevent and prosecuting fraud or other illegal activity; to identify and repair errors; to conduct audits; and for security purposes. Information may also be used to comply with applicable laws, with investigations performed by the relevant authorities, law enforcement purposes, and/or to exercise or defend legal claims.
- De-identified and Aggregated Information Use. In certain cases, we may or will anonymize or de-identify your Information and further use it for internal and external purposes, including, without limitation, to analyze and improve our products and services (including through the use of artificial intelligence) and for research purposes. We will use this anonymous or de-identified information and/or disclose it to third parties without restrictions (for example, in order to improve our services and enhance your experience with them and/or to develop new product features and improve existing offerings)

Analytic tools. We use analytic tools and other technologies to automatically collect information through our products and services. 

Sale or share of Personal Information: We do not "sell" or "share" personal information as these terms are defined under the CCPA.

Retention periods: Your Personal Information will be kept by Flycatcher until the record is deleted, either proactively or upon receiving a valid deletion request from you. It's important to be aware that, under certain circumstances, we may retain your Personal Information for extended periods. These circumstances include: (i) Compliance with Legal and Regulatory Requirements, including, regulatory, tax, or accounting obligations. (ii) Maintenance of a Record of Dealings, for example a record of your interactions with Flycatcher, especially in the event of complaints or challenges. (iii) Anticipation of Litigation, for example if there is a reasonable expectation of litigation related to your Personal Information or dealings, we may retain the information for a longer period to address potential legal proceedings.

Last Updated: June 15, 2025

This privacy policy (“Privacy Policy”) governs how we, Flycatcher Corp Ltd. (“Flycatcher” “we”, “our” or “us”) use, collect and store information pertaining to you (“User”, “you”) in the following use cases: 

(i) When you make use of smART sketcher AI Application (“App”), and the services provided thereunder (collectively referred to as the “Services”);

(ii) when you create an Account (as defined below) on the App;

(iii) when you perform an in-app purchase of our paid subscriptions; 

(iv) when you commence direct communications with us (whether through the App or otherwise); and

(v) when we send you marketing communication. 

We greatly respect your privacy, which is why we make every effort to provide a platform that would live up to the highest of user privacy standards. Please read this Privacy Policy carefully, so you can fully understand our practices in relation to Personal Data. “Personal Data” or "Personal Information" means any information that can be used, alone or together with other data, to uniquely identify any living human being and any information deemed as Personally Identifiable Information by privacy laws.

Table of contents: 

  • Accounts and Profiles

  • What Personal Data we Collect, Why we Collect it, and How it is Used

  • How we Protect and Store your Personal Data

  • How we share your Personal Data

  • Additional Information Regarding Access to Personal Data and Transfers of Personal Data

  • Your Rights

  • Parental Choices and Controls

  • Notice to California, Nebraska and Texas residents

  • How to Contact Us

This Privacy Policy may be updated from time to time and therefore we ask you to check back periodically for the latest version of the Privacy Policy, as indicated below. If there are any significant changes made to the use of your Personal Data in a manner different from that stated at the time of collection, we will notify you by posting a notice on our App or by other means.

1. ACCOUNTS AND PROFILES

Each User is required to create an account (“Account”). Please note that as Flycatcher offers its Services to its Users by primarily targeting children under the age of 13 (each, a “Child” or “Children), this Privacy Policy will focus on providing information intended for Children use of the Services to parent(s) or legal guardian(s) (“Parent(s)”). 

In order for a Child to use the Services that we offer via the App, a Parent will be required to create an Account. During the registration process to the App, we may ask the Parent to provide certain information, as further described in the table below. In each Account the User creates a Profile for the Child (“Profile”). During the creation of a Child’s (or User’s) Profile, we may ask the Parent to provide certain Personal Information relating to the Child, such as: a handle (username), gender and year of birth. We will not require any other information other than reasonably necessary in order to use the Services and we strongly advise Children never to provide any Personal Data in their Profile. Please note that you can choose whether to share their information with us, but certain features cannot function without it. As a result, certain features may not be accessible if required information has not been provided. 

In order to complete the registration process, the Parent will be required to solve a challenge (e.g., a mathematical exercise). Once solved, the registration will be complete and a confirmation email will be sent to the Parent’s email address. Parents may also have the opportunity to use a pin code or password in future communications with us as a way to confirm the Parent’s identity.

2. WHAT PERSONAL DATA WE COLLECT, WHY WE COLLECT IT, AND HOW IT IS USED

Data We Collect Why is the data collected and for what purposes? Legal basis (only relevant for GDPR) Third Parties with whom we Share your Data Consequences of not providing the data
  • Parent’s first and last name
  • Parent’s email address
 In order to create an account on the App. Performance of contract We use Amazon Web Services in order to store the Data. We won’t be able to provide you with the Services
  • Image gallery and camera accessed by the App on the User’s device. The images are stored locally on User's device and Flycatcher has no access to them
 To enable Users to select an image and transmit it through the App for sketching purposes. Consent None You won’t be able to sketch photos from your device’s gallery.
  • Parent’s first and last name
  • Parent’s email address.
  • Ticket's subject and description
 When you commence direct communications with us, for example through the 'Contact Us' tab.

Performance of contract

Legitimate interest (provide support and answer your questions)

 We use Gorgias to assist us with providing customer support. We will not be able to respond to your inquiry.
  • Parent's email
  • Parent’s first and last name
  • Purchase Identifier
 In order to subscribe to our Super smART subscription service and provide you with subscription content.

Performance of contracts

Legitimate interests of ours. (providing you with information about the subscription)

 We use Amazon Web Services in order to store the Data. We will not be able to provide you with our Super smART subscription service
  • Parent’s first and last name
  • Parent’s email address
 In order to send you marketing communication

Consent

Legitimate interest (sending you marketing communication)

 We use Klaviyo's marketing platform through its integration with Shopify. We will not be able to send you marketing communication
  • Bluetooth
 To communicate between the device and the App Consent None Cannot communicate between the device and the App
  • Child's nickname, gender, date of birth
 In order to set up an account and provide our Services Consent (Parental Consent) We use Amazon Web Services in order to store the Data. No Personal Information of Children will be processed for marketing purposes. We won’t be able to provide you with the Services

 

3. HOW WE PROTECT AND STORE YOUR INFORMATION

I. Security. We have implemented appropriate technical, organizational and security measures designed to protect your Personal Data. However, please note that we cannot guarantee that the information will not be compromised as a result of unauthorized penetration to our servers. As the security of information depends in part on the security of the device or network you use to communicate with us and the security you use to protect your user IDs and passwords, please make sure to take appropriate measures to protect this information.

II. Retention of your Personal Data. Your Personal Data will be stored until we delete the record and we proactively delete it or you send a valid deletion request, please note that in some circumstances we may store your Personal Data for longer periods of time, for example (i) where we are required to do so in accordance with legal, regulatory, tax or accounting requirements, or (ii) for us to have an accurate record of your dealings with us in the event of any complaints or challenges, or (iii) if we reasonably believe there is a prospect of litigation relating to your Personal Data or dealings.

4. HOW WE SHARE YOUR PERSONAL INFORMATION 

In addition to the recipients described above, we may share your Personal Data as follows:

a. With our business partners with whom we jointly offer products or services. We may also share Personal Data with our affiliated companies; 
b. To the extent necessary, with regulators, courts or competent authorities, to comply with applicable laws, regulations and rules (including, without limitation, federal, state or local laws), and requests of law enforcement, regulatory and other governmental agencies or if required to do so by court order. We may use or disclose the information we collect in order to ensure that our users are complying with all applicable aspects of our policies;
c. We may disclose information with our lawyers, accountants, auditors and other professional advisors where necessary to obtain legal or other advice or otherwise protect and manage our business interests;
d. We may use or disclose the Personal Data to investigate, prevent, or take action regarding illegal activities, suspected fraud, cybersecurity threats, situations involving potential threats to the physical safety of any person, violations of this policy, or as otherwise required or allowed by law and regulations;
e. If, in the future, we sell or transfer, or we consider selling or transferring, some or all of our business, shares or assets to a third party, we will disclose your Personal Data to such third party (whether actual or potential) in connection with the foregoing events;
f. In the event that we are acquired by, or merged with, a third party entity, or in the event of bankruptcy or a comparable event, we reserve the right to transfer, disclose or assign your Personal Data in connection with the foregoing events, including, in connection with, or during negotiations of, any merger, sale of company assets, consolidation or restructuring, financing, or acquisition of all or a portion of our business by or to another company; and/or 
g. Where you have provided your consent to us, sharing or transferring your Personal Data (e.g., where you provide us with marketing consents or opt-in to optional additional services or functionality).
h. If you want to receive the list of the current recipients of your Personal Data, please make your request by contacting us to support@flycatcher.toys.

5. ADDITIONAL INFORMATION REGARDING ACCESS TO PERSONAL DATA AND TRANSFERS OF PERSONAL DATA.

I. Where we transfer your Personal Data outside of Flycatcher, for example to third parties who help provide our products and services, we will obtain contractual commitments from them to protect your Personal Data. Some of these assurances are well recognized certification schemes like the EU - US Data Privacy Framework for the protection of Personal Data transferred from within the EU to the United States.

6. YOUR RIGHTS 

I. The following rights (which may be subject to certain exemptions or derogations), shall apply to individuals (some of which only apply to individuals protected by the GDPR):

  • You have a right to access information held about you. Your right of access can normally be exercised free of charge, however we reserve the right to charge an appropriate administrative fee where permitted by applicable law;
  • You have the right to request that we amend any Personal Data we hold that it is inaccurate or misleading;
  • You have the right to request the erasure of the Personal Data that relates to you. Please note that there may be circumstances in which we are required to retain your data, for example for the establishment, exercise or defense of legal claims;
  • The right to object to or to request restriction of the processing. However, there may be circumstances in which we are legally entitled to refuse your request;
  • The right to data portability. This means that you may have the right to receive your Personal Data in a structured, commonly used and machine-readable format, and that you have the right to transmit that data to another controller;
  • You have the right to object to profiling;
  • You have a right to lodge a complaint with your local data protection supervisory authority (i.e., your place of habitual residence, place or work or place of alleged infringement) at any time. We ask that you please attempt to resolve any issues with us before you contact your local supervisory authority;
  • The right to withdraw your consent. Please note that there may be circumstances in which we are entitled to continue processing your data, in particular if the processing is required to meet our legal and regulatory obligations;
  • You also have a right to request details of the basis on which your Personal Data is transferred outside the European Economic Area, but you acknowledge that data transfer agreements may need to be partially redacted for reasons of commercial confidentiality.

II. You can exercise your rights by contacting us at support@flycatcher.toys. You may use an authorized agent to submit a request on your behalf if you provide the authorized agent written permission signed by you. Subject to legal and other permissible considerations, we will make every reasonable effort to honor your request promptly in accordance with applicable law or inform you if we require further information in order to fulfil your request. When processing your request, we may ask you for additional information to confirm or verify your identity and for security purposes, before processing and/or honoring your request. We reserve the right to charge a fee where permitted by law, for instance if your request is manifestly unfounded or excessive. In the event that your request would adversely affect the rights and freedoms of others (for example, would impact the duty of confidentiality we owe to others) or if we are legally entitled to deal with your request in a different way than initial requested, we will address your request to the maximum extent possible, all in accordance with applicable law. 

III. Deleting your account: Should you ever decide to delete your account, you may do so: (1) from inside the App; (2) by using the following URL: http://store.flycatcher.toys/pages/app-account-deletion; or (3) by emailing support@flycatcher.toys. If you terminate your account, any association between your account and Personal Data we store will no longer be accessible through your account. However, given the nature of sharing on certain services, any public activity on your account prior to deletion will remain stored on our servers and will remain accessible to the public.

 
IV. Marketing emails – opt-out: You may choose not to receive marketing email of this type by sending a single email with the subject "BLOCK" to support@flycatcher.toys. Please note that the email must come from the email account you wish to block OR if you receive an unwanted email from us, you can use the unsubscribe link found at the bottom of the email to opt out of receiving future emails, and we will process your request within a reasonable time after receipt.

7. PARENTAL CHOICES AND CONTROLS

IMPRORTANT - Our Services do not intend to collect Personal Data of Children without their parents' or legal guardian's consent. If you believe your Child is participating in an activity that collects Personal Data and you or another Parent have NOT received an email providing notice or seeking your consent, or any other communication from us, please feel free to contact us at: support@flycatcher.toys. At any time, you can request the deletion of any Personal Data of Children in association with a particular Profile (to the extent such Personal Data was provided), and we will delete from our records the Personal Data we have collected in connection with that Profile from all valid claims. Please keep in mind that a request to delete records may also lead to a termination of a Profile, Account, membership, or other Service. 

We also note that we will not use Parent emails provided for parental consent purposes to send market materials to the Parent, unless the Parent has expressly opted in to email marketing or another legal basis can be relied on. 

8. NOTICE TO CALIFORNIA, NEBRASKA AND TEXAS RESIDENTS

I. General. This Privacy Policy for California Residents supplements and is expressly made part of the information contained in this Privacy Policy and applies solely to all Users and others who reside in the State of California (“User” or “you”). We adopt this Privacy Policy to comply with the California Consumer Privacy Act of 2018 and its amendments and regulations ("CCPA"), the Texas Data Privacy and Security Act ("TDPSA") of 2024 and the Nebraska Data ("NDPA") Privacy Act of 2024. Any terms defined in these acts have the same meaning when used in this Privacy Policy.
II. Categories of Personal Information. Personal Information collected in the last 12 months is described above. If you have further questions with respect to the collection, use, disclosure or sale of your Personal Information, please make your request by contacting us at support@flycatcher.toys. 
III. Categories of sources. Flycatcher obtains these categories of personal information listed above from the following categories of sources:
Directly from you. For example, Personal Information submitted by you as part of setting up your account or using the App.
IV. Your privacy rights: The following rights (which may be subject to certain exemptions or derogations) may apply to individuals protected by the CCPA, NDPA and TDPSA, depending on the rights under your applicable law:

a. You have the right to know what Personal Information is being collected about you, this includes the right to request that we disclose what Personal Information of yours we collect, use, disclose, and sell;
b. You have the right to request the erasure/deletion of your Personal Information (e.g. from our records and the records of our service providers). Please note that there may be circumstances in which we are required to retain your Personal Information, for example for the establishment, exercise or defense of legal claims;
c. You have the right to know whether your Personal Information is sold or disclosed and to whom;
d. You have the right to restriction of, or object to, processing of your Personal Information, including the right to opt in or opt out of sale of your Personal Information to third parties, if applicable, where such requests are permitted by law;
e. You have the right not to receive discriminatory treatment for the exercise of the privacy rights conferred by the CCPA; and
f. You have a right to lodge a complaint with your local data protection supervisory authority (i.e., your place of habitual residence, place or work or place of alleged infringement) at any time or before the relevant institutions in your place of residence (e.g. the Attorney General in your State). We ask that you please attempt to resolve any issues with us before you contact your local supervisory authority and/or relevant institution. You have certain choices about your Personal Information. Where you have consented to the processing of your Personal Information, you may withdraw that consent at any time and prevent further processing by contacting us as described in this Privacy Policy. Even if you opt out, we may still collect and use non-Personal Information regarding your activities on our services and for other legal purposes as described above. While we cannot guarantee privacy perfection, we will address any requests to the best of our ability as soon as possible. We will process such requests in accordance with applicable laws.
g. You can exercise your rights by contacting us at support@flycatcher.toys.  If we decline to take action on one of your rights, applicable law may allow us to submit an appeal, this may be done by emailing us at support@flycatcher.toys. Please note that the exercise of your rights may be subject to certain limitations as further elaborated in section 6. Additionally, if you wish to delete your account or opt-out of receiving marketing communication, please follow the instructions laid out in section 6. 

V. Non-Discrimination. If you decide to exercise your rights, you will not receive any discriminatory treatment by us for the exercise of the privacy rights conferred by the CCPA. However, note that some features of our App, will not function without your Personal Information. Unless permitted by the CCPA, we will not:

a. Deny you goods or services.
b. Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
c. Provide you a different level or quality of goods or services.
d. Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

If you are a California resident, you may have certain additional rights. California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your Personal Information to Third Parties for the Third Parties’ direct marketing purposes. California Business and Professions Code Section 22581 permits registered Users who are minors to request and obtain deletion of certain posted content. If you are a California resident wishing to make a request, please send an email to support@flycatcher.toys.


9. CONTACT US

If you have any questions, concerns or complaints regarding our compliance with this notice and the data protection laws, or if you wish to exercise your rights, we encourage you to first contact us at support@flycatcher.toys.