PRIVACY POLICY 

1. WHO WE ARE AND WHAT THESE PRINCIPLES ARE FOR 

About us. We are Wide Open s.r.o., with its registered office at Puchmayerova 739/7, 405 02 Děčín, ID No.: 193 65 411, registered in the Commercial Register maintained by the Regional Court in Ústí nad Labem under file No. C 50560. (“we“). 

What we do. We operate an application called FOCAI, which serves as an AI assistant for users in the field of photography (“Application“). The Application allows users to evaluate photos they have already taken and helps them set up their camera to take better photos.  

What will you find in this document? In this policy (“Policy“), you will learn primarily what personal data we process, why and on what basis we do so, to whom we transfer it, and what your rights are in connection with its processing.  

Legal basis. All personal data processing is carried out in accordance with European Union General Regulation No. 2016/679 on the protection of personal data, commonly referred to as GDPR, and we also use this abbreviation in the Policy.   

Who does this Policy apply to? The Policy applies to situations where we process your personal data as a controller. That is, as the person responsible for the processing of personal data. This applies to you if you download the Application and create an Account on it, thereby entering into an Agreement with us on the use of the Application (“Agreement“). 

Terms and Conditions. The content of the Agreement is governed by the Terms and Conditions of Use of the Application. Capitalized terms not defined in the Policy have the meanings set forth in the Terms and Conditions. 

How to contact us. You can contact us via the following contacts: 

• Email: info@focai.app 

• Phone: +420736481088 

1. What personal data do we process? 

The data we process can be divided into the following categories: 

• Identification data. We use this data to identify you. It includes, for example, your first and last name, date of birth, and home address. 

• Contact data. We use this data to contact you in connection with the Agreement and the Application, or with commercial communications. This includes your phone number and email address. 

• Login details. We use these to enable you to log in to the Application. These include your username and password.  

• Portrait. If you save a photo of your portrait in the Application. 

• Information about your device. We use this information primarily to ensure that the Application runs as it should. We also process cookies for this purpose. This includes your IP address, operating system version, browser type, location, and other data that you choose to provide. 

• Billing and banking information. We process this in connection with identification and payment processing. This includes, for example, information appearing on invoices, bank details, and information about payments received or sent. 

• Information from our communication. In this case, this mainly includes information in emails, records of telephone calls, and the content of our communication, as well as data on Service Agreements concluded through the Application. This includes all personal data that you provide to us. 

• Information entered into the Application. In this case, this mainly concerns information that you enter into the Application, e.g., when prompted, or when uploading photos to the Application, which may contain personal data.  

1. Do we really need your personal data? 

We always try to process your personal data to the least extent possible. However, sometimes its processing is unavoidable. In order to conclude a Contract and allow you to use the Application, we cannot do without your personal data.  

1. Why and for how long do we process personal data? 

In order to process personal data, we always need a legal reason to do so. This means that we must find support in legal regulations for each processing of your data. We process personal data for the following reasons: 

What is the legal basis for processing under the GDPR?	Why do we process personal data?	How long will we process it?	What data do we process for this purpose?
AGREEMENT    fulfillment of obligations under the contract or in the context of pre-contractual negotiations  Article 6(1)(b) of the GDPR	When you create an Account in the Application and thus enter into a Contract with us, we need to process your personal data.  We also need this data during the performance of the Agreement (e.g., communication with the administrator regarding a query or error in the Applications).	For the duration of the Agreement.	Identification data  Contact  Login details  Portrait  Information about your device  Billing and banking details  Information from our communication  Information entered into the Application
LEGAL OBLIGATION  Compliance with legal obligations  Article 6(1)(c) of the GDPR	Sometimes we have to process personal data when required to do so by law. This mainly concerns accounting and tax regulations.	For the period required by the relevant legal regulation (usually 10 years from the end of the fiscal year in which a significant event occurred from a tax/accounting perspective)	Identification data  Contact  Billing and banking details
LEGITIMATE INTEREST   it is in our legitimate interest  Article 6(1)(f) of the GDPR	In order to protect the Application from attacks, spam, or other damage, we may process so-called log files, including the IP address of the accessing person, as part of access to the Application.	For a maximum of 3 months from each activity in the Application.	Information about your device
	So we can send you newsletters, such as information about new services and features of the Application.	For the duration of the Agreement and up to 3 years after the termination of the Agreement, or until you object to this processing, e.g., by unsubscribing from our newsletters.	Identification data  Contact
	So that we can notify you of important information regarding the Application (e.g., outages or maintenance).	For the duration of the Application Use Agreement.	Identification data  Contact
	So that we can protect our rights and legally protected interests (e.g., in the event of a dispute in connection with the Application Use Agreement).	For a maximum period of 16 years after the termination of the Agreement. This corresponds to the maximum limitation period under the Civil Code (15 years) plus an additional year for situations where we receive a claim from you after the limitation period has expired.	Identification data  Contact details  Billing and banking details
CONSENT  We process data based on your consent  Section 89(3) of the Electronic Communications Act	In order to process your data that you enter into the Application based on the settings of your device, e.g., phone or tablet (e.g., accessing photos from the gallery).  You expressly grant us such consent in the Application when you make the data available.	For the duration of the consent.	Data specified in the consent to the processing of personal data.
CONSENT  We process data based on your consent  Article 6(1)(a) of the GDPR	In order to process your data, the processing of which cannot be subsumed under any of the above-described legal grounds for data processing.	For the duration of the consent.  You can revoke your consent at any time, for example by email. However, even if you revoke your consent or its duration expires, this does not mean that we must delete all your data that we have processed on the basis of your consent. We may continue to work with data for which we have another legal basis. If you revoke your consent, this does not affect the lawfulness of the processing of personal data prior to its revocation.	Data specified in the consent to the processing of personal data.

 

Automated processing of personal data. We will process your personal data manually and using automated processing. We will not carry out profiling or any decision-making based solely on automated individual processing that would have legal effects on you as a data subject or significantly affect you in a similar way. 

1. Processing of personal data when logging in via third-party services 

If you use your Google account to log in to the Application, we collect and store your personal user data entered in your Google account, such as your email address, first and last name, and profile photo. You can set up and adjust the transfer of data to the Application in your Google account in the privacy settings. Further information on the processing of personal data when using a Google account to register in the Application is available here: https://support.google.com/accounts/answer/2541991  

If you use your Apple account to log in to the Application, you can share your email address with us, but you can also hide it. If you click on the “Hide email address” button, a general alias email address will be generated for the purposes of the Application, which we will use to register you in the Application. More information about setting these preferences is available here: https://support.apple.com/HT210425. 

If you use your Facebook account to log in to the Application, we collect and store your personal user data via your Facebook account, such as your email address, first and last name, and profile photo. If you give your consent, we may also have access to other data, such as your Facebook friends list. Further information on the processing of personal data when using a Facebook account to register in the Application is available here: https://www.facebook.com/help/238318146535333/?helpref=hc_fnav. 

1. Who do we share your personal data with? 

We may also pass on your data to other entities, mainly to ensure our effective functioning. Our suppliers thus become processors, but they are only authorized to handle personal data for the purposes of the activities they perform for us. These include, for example, IT service providers, payment gateway providers, accountants, etc. However, they are only authorized to process your personal data to the extent agreed with them. 

Specifically, we transfer your personal data to the following entities: 

• edgy.digital s.r.o., with its registered office at Jankovcova 1596/14b, Holešovice, 170 00 Praha 7, Reg. No: 051 88 121, that takes care of the Application operation;  

• DigitalOcean, LLC, a provider of cloud infrastructure and hosting.  

• Google LLC, a provider of a language model (Google Gemini) and a subscription manager (Google Play)  

• Ecomail.cz s.r.o., a provider of email marketing services  

• Apple Inc., a subscription manager (App Store)  

• Partners who provide us with certain additional services (e.g., providers of accounting, tax, or legal advice; distributors of commercial communications, etc.).  

We may also transfer your personal data to public authorities if it is in our interest or if they request it.  

1. Where will we transfer your personal data? 

We do not transfer your personal data outside the EU. If we decide to transfer it outside the EU in the future, we will only do so in accordance with the GDPR to countries or entities where adequate protection of personal data is ensured, in particular to the USA. If your personal data is transferred to these third countries, such transfer will take place exclusively on the basis of standard contractual clauses, i.e., model contracts issued by the European Commission, and will be transferred exclusively to companies that guarantee that they provide adequate protection of personal data in accordance with the European Commission Regulation.  

1. What are your rights in relation to the processing of personal data?  

You have the following rights in relation to the processing of personal data. You can exercise these rights by writing to our registered office or sending an email to info@focai.cz.   

• Right to withdraw consent. If we process your personal data based on your consent, you can withdraw it at any time. 

• Right of access. You have the right to obtain information about what data we store about you and how we process it, and to request a copy of it. We will provide you with the first copy free of charge; for the second and subsequent copies, we may request reimbursement of the necessary costs of making the copy. 

• Right to rectification and completion. If you find that the data we process is incorrect, you can always ask us to rectify or complete it.  

• Right to erasure. Under certain conditions, we are also obliged to erase the personal data we hold about you. For example, if there is no longer any reason on our part to process personal data for the purposes for which it was collected. Or in connection with complying with another request from you (withdrawal of consent, objection). 

• Right to restriction of processing. If you do not want your personal data to be deleted, but do not want us to continue processing it, you can ask us to restrict the processing of your personal data.  

• Right to data portability. In some cases, you may ask us to transfer the personal data we hold about you to you or another responsible person in a structured, commonly used, and machine-readable format. 

• Right to object. You also have the right to object (if we process your personal data on the basis of a legitimate interest). We will then evaluate your objection within one month of receipt and either terminate the processing of your personal data for this purpose or explain our legitimate reasons for continuing the processing. In the event of an objection to the further sending of commercial communications, we will always comply with your objection. 

• Right to lodge a complaint. If you suspect that your personal data is being processed unlawfully, you have the option to lodge a complaint with the Office for Personal Data Protection, www.uoou.gov.cz, address Pplk. Sochora 27, 170 00 Prague 7. 

This Policy is effective from 05/2026.