Privacy Policy

Last updated: July 15, 2026

This privacy notice for Alphana, Inc., a Delaware corporation ("Visuals," "we," "us," or "our"), which operates the Visuals product, describes how and why we might collect, store, use, and/or share ("process") your information when you use our services (the "Services"), such as when you:

• Visit our website at visuals.fm, our application at app.visuals.fm, or any website or app of ours that links to this privacy notice;
• Participate in our official community spaces and channels that we operate and that link to this notice;
• Engage with us in other related ways, including any sales, marketing, or events.

Some interactions happen on third-party platforms that we do not control (for example, Discord or social media). Those interactions are also governed by the third party's own terms and privacy policies.

Questions or concerns? Reading this privacy notice will help you understand your privacy rights and choices. If you do not agree with our policies and practices, please do not use our Services. If you still have any questions or concerns, please contact us at privacy@visuals.fm.

Summary of key points

This summary provides key points from our privacy notice, but you can find out more details about any of these topics by using the table of contents below.

• What personal information do we process? When you visit, use, or navigate our Services, we may process personal information depending on how you interact with us and the Services, the choices you make, and the products and features you use.
• Do we process any sensitive personal information? We do not process sensitive personal information.
• Do we collect any information from third parties? For our marketing and website audiences, we may collect information from public databases, marketing partners, social media platforms, and other outside sources.
• How do we process your information? To provide, improve, secure, and administer our Services, communicate with you, for fraud prevention, and to comply with law. We may also process your information for other purposes with your consent.
• Your content and AI. We do not sell your customer content, we do not share it for cross-context advertising, and we do not use paid or enterprise customer content to train our AI models. See "AI and your content" in Section 2.
• In what situations and with which parties do we share personal information? We may share information in specific situations and with specific categories of third parties.
• How do we keep your information safe? We have organizational and technical measures in place to protect your personal information. However, no electronic transmission or storage can be guaranteed to be 100% secure.
• What are your rights? Depending on where you are located, applicable privacy law may give you certain rights regarding your personal information.
• How do you exercise your rights? By submitting a data subject request or by contacting us. We will consider and act upon any request in accordance with applicable data protection laws.

Table of contents

1. What information do we collect?
2. How do we process your information?
3. What legal bases do we rely on to process your personal information?
4. When and with whom do we share your personal information?
5. Do we use cookies and other tracking technologies?
6. How do we handle your social logins?
7. How long do we keep your information?
8. How do we keep your information safe?
9. Do we collect information from minors?
10. What are your privacy rights?
11. Controls for Do-Not-Track features
12. Do United States residents have specific privacy rights?
13. Do other regions have specific privacy rights?
14. Do we make updates to this notice?
15. How can you contact us about this notice?
16. How can you review, update, or delete the data we collect from you?

1. What information do we collect?

Personal information you disclose to us

In short: We collect personal information that you provide to us.

We collect personal information that you voluntarily provide to us when you register on the Services, express an interest in obtaining information about us or our products and Services, when you participate in activities on the Services, or otherwise when you contact us.

Personal information provided by you. The personal information that we collect depends on the context of your interactions with us and the Services, the choices you make, and the products and features you use. The personal information we collect may include the following:

• names
• phone numbers
• email addresses
• job titles
• passwords
• contact preferences
• contact or authentication data

Customer content. When you use the app, we process the content you upload and the content you generate — for example, prompts, uploaded media and files (such as audio, images, and video), project and workflow information, and the images, videos, and audio the Services produce. We refer to this as "customer content." Customer content may include personal information to the extent you or your authorized users include it.

Sensitive information. We do not process sensitive information.

Payment data. We may collect data necessary to process your payment if you choose to make purchases, such as your payment instrument number and the security code associated with your payment instrument. All payment data is handled and stored by Stripe. You may find their privacy notice at https://stripe.com/privacy.

Social media login data. We may provide you with the option to register with us using your existing social media account details, like your Google or other social media account. If you choose to register in this way, we will collect certain profile information about you from the social media provider, as described in the section "How do we handle your social logins?" below.

All personal information that you provide to us must be true, complete, and accurate, and you must notify us of any changes to such personal information.

Information automatically collected

In short: Some information — such as your Internet Protocol (IP) address and/or browser and device characteristics — is collected automatically when you visit our Services.

We automatically collect certain information when you visit, use, or navigate the Services. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Services, and other technical information. This information is primarily needed to maintain the security and operation of our Services, and for our internal analytics and reporting purposes.

Like many businesses, we also collect information through cookies and similar technologies. See the Cookie Notice for details.

The information we collect includes:

• Log and usage data. Service-related, diagnostic, usage, and performance information our servers automatically collect when you access or use our Services and which we record in log files. Depending on how you interact with us, this log data may include your IP address, device information, browser type, and settings, and information about your activity in the Services (such as the date/time stamps associated with your usage, pages and files viewed, searches and other actions you take, and features you use), device event information (such as system activity, error reports, and hardware settings).
• Device data. Information about your computer, phone, tablet, or other device you use to access the Services. Depending on the device used, this may include information such as your IP address (or proxy server), device and application identification numbers, location, browser type, hardware model, internet service provider and/or mobile carrier, operating system, and system configuration information.
• Location data. Information about your device's location, which can be either precise or imprecise. How much information we collect depends on the type and settings of the device you use to access the Services. For example, we may use your IP address to derive your approximate location. You can opt out of allowing us to collect this information either by refusing access to the information or by disabling your location setting on your device. However, if you choose to opt out, you may not be able to use certain aspects of the Services.

For our marketing and website audiences: when you visit or log in to our website, cookies and similar technologies may be used by our online data partners or vendors to associate these activities with other personal information they or others have about you, including by association with your email or postal address. We (or service providers on our behalf) may then send communications and marketing to these addresses. Where we run such advertising activity, you may opt out as described in Section 12. These activities do not involve your customer content.

Information collected from other sources

In short: For our marketing and website audiences, we may collect limited data from public databases, marketing partners, social media platforms, and other outside sources.

To help us provide relevant marketing, offers, and information and to update our records, we may obtain information about you from other sources, such as public databases, joint marketing partners, affiliate programs, data providers, social media platforms, and other third parties. This information may include mailing addresses, job titles, email addresses, phone numbers, intent data (or user behavior data), IP addresses, social media profiles, social media URLs, and custom profiles, for purposes of targeted advertising and event promotion. This does not include your customer content.

If you interact with us on a social media platform using your social media account, we may receive personal information about you from that platform, such as your name and email address. The platform's own use of your information is not governed by this privacy notice.

2. How do we process your information?

In short: We process your information to provide, improve, secure, and administer our Services, communicate with you, for fraud prevention, and to comply with law. We may also process your information for other purposes with your consent.

We process your personal information for a variety of reasons, depending on how you interact with our Services, including:

• To facilitate account creation and authentication and otherwise manage user accounts.
• To deliver and facilitate delivery of services to the user, including generating the outputs you request.
• To respond to user inquiries and offer support to users.
• To send administrative information to you, such as changes to our terms and policies.
• To enable user-to-user communications and collaboration where you use those features.
• To request feedback and to contact you about your use of our Services.
• To send you marketing and promotional communications, in line with your preferences. You can opt out at any time.
• To deliver and measure targeted advertising to our marketing audiences (see Sections 4 and 5).
• To protect our Services, including fraud monitoring and prevention.
• To identify usage trends so we can understand how our Services are used and improve them.
• To determine the effectiveness of our marketing and promotional campaigns.
• To comply with legal obligations, and to protect an individual's vital interests, such as to prevent harm.

AI and your content

Providing the Services requires sending your prompts and inputs to approved AI and media-processing providers (our sub-processors) so they can generate the outputs you request. In connection with AI:

• We do not train our AI models on paid or enterprise customers' content, and our providers are configured not to do so. If we ever offer training to paid customers, it will be opt-in.
• On the free plan, we may use your generated outputs and usage data to operate and improve the Services, including model training, though we do not do this today.
• We do not use the files you upload (such as audio, images, or video) to train AI models.
• We may use aggregated, de-identified data that does not identify you or include your content in a recognizable form, to operate, secure, and improve the Services.
• We do not sell your customer content, share it for cross-context advertising, or combine it with data from other sources except as needed to provide the Services.

3. What legal bases do we rely on to process your personal information?

In short: We only process your personal information when we believe it is necessary and we have a valid legal reason to do so under applicable law, such as with your consent, to comply with laws, to provide you with services, to fulfill our contractual obligations, to protect your rights, or to fulfill our legitimate business interests.

If you are located in the EU or UK, this section applies to you. The General Data Protection Regulation (GDPR) and UK GDPR require us to explain the valid legal bases we rely on to process your personal information. We may rely on the following legal bases:

• Consent. We may process your information if you have given us permission to use your personal information for a specific purpose. You can withdraw your consent at any time.
• Performance of a contract. We may process your personal information when we believe it is necessary to fulfill our contractual obligations to you, including providing our Services.
• Legitimate interests. We may process your information when we believe it is reasonably necessary to achieve our legitimate business interests and those interests do not outweigh your interests and fundamental rights and freedoms. For example, to send you information about offers and our products and services, to develop and display relevant advertising to our marketing audiences, to analyze how our Services are used, to support our marketing activities, and to diagnose problems and prevent fraudulent activities.
• Legal obligations. We may process your information where we believe it is necessary for compliance with our legal obligations.
• Vital interests. We may process your information where we believe it is necessary to protect your vital interests or those of a third party.

If you are located in Canada, this section applies to you. We may process your information if you have given us specific permission (express consent) to use your personal information for a specific purpose, or in situations where your permission can be inferred (implied consent). You can withdraw your consent at any time. In some exceptional cases, we may be legally permitted under applicable law to process your information without your consent, including, for example: if collection is clearly in the interests of an individual and consent cannot be obtained in a timely way; for investigations and fraud detection and prevention; for business transactions provided certain conditions are met; if it is contained in a witness statement and collection is necessary to assess, process, or settle an insurance claim; for identifying injured, ill, or deceased persons and communicating with next of kin; if we have reasonable grounds to believe an individual has been, is, or may be a victim of financial abuse; if it is reasonable to expect that collection and use with consent would compromise the availability or accuracy of the information and collection is reasonable for purposes related to investigating a breach of an agreement or a contravention of law; if disclosure is required to comply with a subpoena, warrant, court order, or rules of court relating to the production of records; if it was produced by an individual in the course of their employment, business, or profession and collection is consistent with the purposes for which the information was produced; if collection is solely for journalistic, artistic, or literary purposes; or if the information is publicly available and specified by the regulations.

4. When and with whom do we share your personal information?

In short: We may share information in specific situations described in this section and/or with the following categories of third parties.

Vendors, consultants, and other third-party service providers. We may share your data with third-party vendors, service providers, contractors, or agents ("third parties") who perform services for us or on our behalf and require access to such information to do that work, under written contracts that require appropriate protection of the information. The categories of third parties we may share personal information with include:

• Cloud computing and website hosting service providers
• Data storage service providers
• AI and media-processing providers (to generate and process content)
• User account registration and authentication services
• Payment processors (Stripe)
• Customer support, communication, and collaboration tools
• Data analytics and performance-monitoring tools
• Product engineering and design tools
• Finance and accounting tools
• Sales and marketing tools
• Ad networks, retargeting platforms, and social networks (for our marketing audiences only)
• Affiliate marketing programs
• Testing tools

A current list of our sub-processors is available on request, and a Trust page listing them will be available on our website soon.

We may also need to share your personal information in the following situations:

• Business transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
• Affiliates. We may share your information with our affiliates, in which case we will require those affiliates to honor this privacy notice. Affiliates include our parent company and any subsidiaries, joint venture partners, or other companies that we control or that are under common control with us.
• Business partners. We may share your information with our business partners to offer you certain products, services, or promotions.
• Other users. When you share personal information or otherwise interact with public areas of the Services, such information may be viewed by other users and may be publicly accessible.

Customer content is not sold or shared for advertising. The advertising, retargeting, and social-network sharing described here applies only to marketing-contact and website-visitor information — never to your customer content, which we do not sell, share for cross-context advertising, or use to train our AI models.

5. Do we use cookies and other tracking technologies?

In short: We may use cookies and similar technologies to collect and store your information.

We use cookies and similar tracking technologies (like web beacons and pixels) to gather information when you interact with our Services. Some online tracking technologies help us maintain the security of our Services and your account, prevent crashes, fix bugs, save your preferences, and assist with basic site functions. We also use analytics tools to understand how the Services are used.

We may in the future permit third parties and service providers to use online tracking technologies on our Services for advertising, including to help manage and display advertisements and to tailor advertisements to your interests. To the extent these online tracking technologies are deemed to be a "sale" or "sharing" (which includes targeted advertising, as defined under applicable US state laws), you can opt out as described in Section 12.

Specific information about how we use such technologies, and how you can control them, is set out in our Cookie Notice. We are implementing a cookie consent banner for visitors in regions that require consent for non-essential cookies.

6. How do we handle your social logins?

In short: If you choose to register or log in to our Services using a social media account, we may have access to certain information about you.

Our Services offer you the ability to register and log in using your third-party social media account details (like your Google login). Where you choose to do this, we will receive certain profile information about you from your social media provider. The profile information we receive may vary depending on the provider, but will often include your name, email address, and profile picture, as well as other information you choose to make public.

We will use the information we receive only for the purposes described in this privacy notice or that are otherwise made clear to you on the relevant Services. Please note that we do not control, and are not responsible for, other uses of your personal information by your third-party social media provider. We recommend that you review their privacy notice to understand how they collect, use, and share your personal information.

7. How long do we keep your information?

In short: We keep your information for as long as necessary to fulfill the purposes outlined in this privacy notice unless otherwise required by law.

We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy notice, unless a longer retention period is required or permitted by law (such as tax, accounting, or other legal requirements). In general:

• Customer content is deleted within approximately 30 days after you delete it or after your account is terminated, unless a legal hold or law requires longer retention.
• Backups cycle out on a short rolling window (approximately 7 days).
• Transaction and account records are kept for up to 3 years.
• Security and audit logs are kept for 1 year or longer where needed for security.
• Financial, tax, and accounting records are kept for up to 7 years.

Business customers may request a certification of deletion. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

8. How do we keep your information safe?

In short: We aim to protect your personal information through a system of organizational and technical security measures.

We have implemented appropriate and reasonable technical and organizational security measures designed to protect the security of any personal information we process, including encryption in transit (TLS 1.2 or higher) and at rest (AES-256), least-privilege access controls and tenant isolation, logging and monitoring, vulnerability management, and an incident-response process. However, despite our safeguards, no electronic transmission over the internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that unauthorized third parties will not be able to defeat our security and improperly collect, access, steal, or modify your information. You should only access the Services within a secure environment.

9. Do we collect information from minors?

In short: We do not knowingly collect data from or market to children under 18 years of age.

We do not knowingly collect, solicit data from, or market to children under 18 years of age, nor do we knowingly sell such personal information. By using the Services, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent's use of the Services. If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we may have collected from children under age 18, please contact us at privacy@visuals.fm.

10. What are your privacy rights?

In short: Depending on your state of residence in the US or in some regions, such as the European Economic Area (EEA), United Kingdom (UK), Switzerland, and Canada, you have rights that allow you greater access to and control over your personal information.

In some regions (like the EEA, UK, Switzerland, and Canada), you have certain rights under applicable data protection laws. These may include the right (i) to request access and obtain a copy of your personal information, (ii) to request rectification or erasure, (iii) to restrict the processing of your personal information, (iv) if applicable, to data portability, and (v) not to be subject to automated decision-making. In certain circumstances, you may also have the right to object to the processing of your personal information. You can make such a request by contacting us using the contact details in Section 15.

If you are located in the EEA or UK and you believe we are unlawfully processing your personal information, you also have the right to complain to your Member State data protection authority or the UK Information Commissioner's Office. If you are located in Switzerland, you may contact the Federal Data Protection and Information Commissioner. If you are in the EEA or UK, you can contact us at privacy@visuals.fm; where a representative is required under Article 27, we appoint one and will identify it here.

Withdrawing your consent. If we are relying on your consent to process your personal information, you have the right to withdraw your consent at any time by contacting us. This will not affect the lawfulness of processing before its withdrawal, nor processing conducted in reliance on other lawful grounds.

Opting out of marketing and promotional communications. You can unsubscribe from our marketing and promotional communications at any time by clicking the unsubscribe link in the emails we send, replying "STOP" or "UNSUBSCRIBE" to SMS messages, or by contacting us. We may still communicate with you for service-related purposes.

Account information. If you would like to review or change the information in your account or terminate your account, you can contact us using the contact information provided. Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, we may retain some information to prevent fraud, troubleshoot problems, assist with investigations, enforce our legal terms, and/or comply with applicable legal requirements.

Cookies and similar technologies. Most web browsers are set to accept cookies by default. If you prefer, you can usually set your browser to remove or reject cookies, which could affect certain features of the Services. For more information, see our Cookie Notice.

If you have questions or comments about your privacy rights, you may email us at privacy@visuals.fm.

11. Controls for Do-Not-Track features

Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track ("DNT") feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage, no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. Where required by law, we honor recognized opt-out preference signals, such as Global Privacy Control (GPC), for the sale or sharing of personal information. California law requires us to let you know how we respond to web browser DNT signals; because there is currently no industry or legal standard for recognizing or honoring DNT signals, we do not respond to them at this time.

12. Do United States residents have specific privacy rights?

In short: If you are a resident of a US state with a comprehensive privacy law (such as California or Virginia), you may have rights to access, correct, delete, and obtain a copy of the personal information we maintain about you, and to opt out of certain processing. These rights may be limited in some circumstances by applicable law.

Categories of personal information we collect

We have collected the following categories of personal information in the past twelve (12) months:

We may also collect other personal information outside of these categories through your interactions with us in person, online, by phone, or by mail in the context of receiving support, participating in surveys or contests, and the delivery of our Services.

Sources, use, and sharing

We collect personal information from the sources described in Section 1, use it for the purposes described in Section 2, and share it as described in Section 4.

We do not sell your customer content, and we do not share your customer content for cross-context behavioral advertising. To the extent our use of advertising or analytics cookies for our marketing audiences is treated as a "sale" or "sharing" under applicable US state laws, you can opt out by contacting us at privacy@visuals.fm, using an opt-out link where provided, or enabling a recognized opt-out preference signal (such as GPC). We may use your personal information for our own business purposes, such as internal research for technological development and demonstration; this is not considered a "sale."

Your rights

You have rights under certain US state data protection laws. These may include the right to know whether we are processing your personal data; to access it; to correct inaccuracies; to request deletion; to obtain a copy of the data you previously shared with us; to non-discrimination for exercising your rights; and to opt out of the processing of your personal data for targeted advertising, the sale of personal data, or profiling that produces legal or similarly significant effects. Depending on your state, you may also have the right to obtain a list of the categories of third parties to which we have disclosed personal data, and to limit the use and disclosure of sensitive personal data.

How to exercise your rights

To exercise these rights, contact us at privacy@visuals.fm or submit a data subject request. Under certain US state laws, you may designate an authorized agent to make a request on your behalf; we may deny a request from an agent who does not submit proof of authorization.

Request verification. Upon receiving your request, we will need to verify your identity to determine that you are the same person about whom we have the information. We will only use personal information provided in your request to verify your identity or authority to make the request. If we cannot verify your identity from the information we maintain, we may request that you provide additional information for verification and security purposes.

Financial incentives

We do not currently offer financial incentives (such as a price or service difference) in exchange for the retention, sale, or sharing of personal information. If we decide to offer one, we will notify you and explain the material terms, including a good-faith estimate of the value of your data and the method used to calculate it, and you may withdraw at any time by contacting us.

California "Shine the Light" law

California Civil Code Section 1798.83, the "Shine the Light" law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes, and the names and addresses of those third parties. If you are a California resident and would like to make such a request, please submit it in writing using the contact details in Section 15.

13. Do other regions have specific privacy rights?

In short: You may have additional rights based on the country you reside in.

Australia and New Zealand. We collect and process your personal information under the obligations and conditions set by Australia's Privacy Act 1988 and New Zealand's Privacy Act 2020. This privacy notice satisfies the notice requirements of both Acts, including what personal information we collect from you, from which sources, for which purposes, and other recipients of your personal information. If you do not wish to provide the personal information necessary to fulfill an applicable purpose, it may affect our ability to provide our services. At any time, you have the right to request access to or correction of your personal information by contacting us. If you believe we are unlawfully processing your personal information, you may complain to the Office of the Australian Information Commissioner or the Office of the New Zealand Privacy Commissioner.

Republic of South Africa. At any time, you have the right to request access to or correction of your personal information by contacting us. If you are unsatisfied with how we address any complaint about our processing of personal information, you can contact the Information Regulator (South Africa) at enquiries@inforegulator.org.za.

International transfers. We process personal information primarily in the United States (US East). Where we transfer personal information out of the EEA, UK, or Switzerland to a country that has not received an adequacy decision, we use appropriate safeguards, including the European Commission's Standard Contractual Clauses and the UK International Data Transfer Addendum. We are not self-certified under the EU-US Data Privacy Framework and do not rely on it.

14. Do we make updates to this notice?

In short: Yes, we will update this notice as necessary to stay compliant with relevant laws.

We may update this privacy notice from time to time. The updated version will be indicated by an updated "Last updated" date at the top of this privacy notice. If we make material changes, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy notice frequently to be informed of how we are protecting your information.

15. How can you contact us about this notice?

If you have questions or comments about this notice, you may email us at privacy@visuals.fm or contact us by post at:

Alphana, Inc. 382 NE 191st St, PMB 31968 Miami, FL 33179, United States

16. How can you review, update, or delete the data we collect from you?

Based on the applicable laws of your country or US state of residence, you may have the right to request access to the personal information we collect from you, details about how we have processed it, correct inaccuracies, or delete your personal information. You may also have the right to withdraw your consent to our processing of your personal information. These rights may be limited in some circumstances by applicable law. To request to review, update, or delete your personal information, please submit a data subject request or email us at privacy@visuals.fm.