Privacy Policy

DARCE ("DARCE", "we", "us" or "our") is operated by Kellert Labs, a sole trader based in Sydney, New South Wales, Australia (ABN to be confirmed).

We are responsible for the personal information we hold about you. This policy applies to all of the Service. If you have any questions, contact our Privacy Officer using the details at the end of this policy.

Information you give us

• Waitlist sign-ups: your email address, and where the sign-up came from (the page and referring site).
• Account and profile: your name, email address, password, and details you choose to add such as your sport, experience level, gym or goals.
• Payments (if and when paid plans launch): handled by our payment or app-store provider — we receive limited details such as a confirmation and partial card information, not your full card number.
• Support and communications: the content of messages you send us and our correspondence with you.

Footage and content you upload

This is the most sensitive information we handle. When you record or upload training footage, we collect that video and audio, which may show the faces, bodies, voices and movements of you and other identifiable people. We also generate derived information from it — for example detected positions, transitions, scores, weaknesses and recommended drills — and link it to your account.

To make your analysis ready sooner, footage you select in the app is compressed on your device and begins uploading securely to your private storage area as soon as you pick it — before you submit it for analysis. We only analyse it after you confirm on the upload screen. If you do not go ahead — for example you pick a different video or leave the upload screen without submitting — the uploaded file is deleted from our servers automatically.

Information we collect automatically

• Device and app data: device type, operating system, app version, identifiers and settings.
• Usage data: features you use, actions you take, and how you interact with the Service.
• Product-analytics and session-replay data: through our analytics provider (PostHog) we collect in-app events (the features and actions you use) and, where session replay is enabled, recordings of how you interact with app screens. Replays are designed to mask the text you enter, and are used only to diagnose problems and improve the Service.
• Log and technical data: IP address, approximate location derived from it, browser type and user-agent, and timestamps.
• Cookies and similar technologies on our website — see our Cookie Policy.

Information from third parties

We may receive limited information from app stores, analytics or infrastructure providers, and from anyone who refers you, in each case to operate and improve the Service.

Training footage can include "sensitive information" under the Privacy Act, such as images and other information about identifiable individuals and their physical activity or health. We collect and use this information only where it is reasonably necessary to provide the Service and you have consented. You consent to us receiving and storing footage by selecting it for upload in the app, and to us analysing it by confirming on the upload screen. If you do not confirm, the footage is deleted automatically as described above.

Using footage to improve our AI is opt-in. By default we do not use your footage to train our models for the benefit of other users. We only do so if you turn on the optional training-data setting, and you can turn it off again at any time.

We use personal information to:

• provide, maintain and personalise the Service, including generating your breakdowns, drills and progress;
• run the AI analysis that powers the Service;
• create and manage your account and respond to your requests and support enquiries;
• keep the Service safe and secure, prevent and investigate misuse, and enforce our terms;
• understand and improve the Service, including through aggregated or de-identified analytics, and (only if you opt in) by improving our models;
• send you service messages and, where you have not opted out, occasional product updates; and
• comply with our legal obligations and exercise or defend legal rights.

We collect personal information only by lawful and fair means, and generally directly from you. Where we collect information for a particular purpose, we will not use it for an unrelated purpose without your consent unless an exception under the APPs applies.

We do not sell your personal information. We share it only as needed to run the Service or as required by law, including with:

• service providers who host and operate the Service (for example cloud hosting, database and storage providers such as our hosting and Supabase infrastructure);
• AI and machine-learning providers that process footage to generate your breakdown;
• communications and customer-relationship tools we use to email you and manage enquiries;
• payment and app-store providers, if and when paid plans launch;
• analytics and security providers that help us run, understand and protect the Service (for example PostHog, for product analytics and — where enabled — session replay);
• our professional advisers (such as lawyers and accountants) where reasonably necessary;
• government bodies, courts or law-enforcement where we are required or authorised by law, or to protect safety or our rights; and
• a buyer or successor if we sell or reorganise our business, subject to this policy.

We require our service providers to protect your information and to use it only for the purposes we engage them for.

Our primary database and the footage you upload are hosted by our infrastructure provider, Supabase, on servers in Tokyo, Japan. Other service providers — for example our AI processing, analytics or communications providers — may store or process information in the United States or other countries where they operate. Where we disclose personal information overseas, we take reasonable steps to ensure it is handled consistently with the APPs.

By using the Service and uploading content, you acknowledge that your information may be stored and processed overseas, and that overseas recipients may be subject to different privacy laws than those in Australia.

Footage is short-lived by design. Unless you choose to save a video in your account, we delete uploaded footage within 30 days after it has been analysed. Where you save a video, we keep it until you delete it or close your account. Footage that uploads but is never submitted for analysis is deleted automatically when you leave the upload flow.

We keep other personal information only for as long as we need it for the purposes in this policy — for example, account information while your account is open, waitlist emails until launch or until you ask us to remove them, and records we are required to keep by law. We may keep de-identified or aggregated data, which can no longer identify you, indefinitely. Information may persist for a short time in secure backups before being overwritten.

We take reasonable steps to protect personal information from misuse, interference and loss, and from unauthorised access, modification or disclosure — including access controls, encryption in transit, and restricting access to those who need it. No method of transmission or storage is completely secure, so we cannot guarantee absolute security. Please help protect your account by keeping your login details confidential.

If a data breach occurs that is likely to result in serious harm, we will respond in line with the Notifiable Data Breaches scheme, including notifying affected individuals and the Information Commissioner where required.

Access and correction. You can ask for access to the personal information we hold about you, and ask us to correct it if it is inaccurate, out of date or incomplete. Much of it is available directly in your account. To make a request, contact us using the details below; we may need to verify your identity, and we will respond within a reasonable time (usually within 30 days).

Deletion and export. You can delete your account at any time in the Service, which removes your content in line with the retention section above, and you can export your data where that feature is available. Some information may be retained where the law requires.

Consent and marketing. Where we rely on your consent, you can withdraw it at any time (for example by turning off the training-data setting). You can opt out of product emails using the unsubscribe link or by contacting us; we will still send essential service messages.

Our website uses a small number of cookies and similar technologies. How they work and how to control them is explained in our Cookie Policy.

The Service is not intended for children under 16, and we do not knowingly collect their personal information. If you believe a child has provided us with personal information, please contact us and we will take reasonable steps to delete it.

The Service may link to or rely on third-party sites and services that we do not control. This policy does not cover their practices, and we encourage you to read their privacy policies.

We may update this policy from time to time. If we make a material change we will take reasonable steps to notify you, such as through the Service or by email. The date at the top of this page shows when it was last updated, and your continued use of the Service after a change means you accept the updated policy.

If you have a question, request or concern about your privacy, contact our Privacy Officer at privacy@darce.app (or hello@darce.app), or by mail at Kellert Labs, Sydney, New South Wales, Australia. We will acknowledge your enquiry and aim to respond within 30 days.

If you are not satisfied with how we handle a privacy issue, you can complain to the Office of the Australian Information Commissioner (OAIC), which can be contacted at oaic.gov.au or on 1300 363 992.