🎁 PRIVACY POLICY
Last Updated: October 14, 2026
This Privacy Policy describes how Santa Magic | Smart Way AI ("we," "us") collects, uses, and protects your information when you use our website and mobile applications ("Services").
By using Santa Magic, you agree to the practices described below.
1. Information We Collect
1.1 Parent Account Information (Required)
- Email address
- Password
- Device information
- IP address
- Purchase history (no payment data)
1.2 Child Profile Information (Optional)
Only entered by a parent:
- First name
- Age range
- Wishlist items
- "Nice deeds" notes
We do not collect:
- Full names
- Birthdates
- Contact information
- School or location data
1.3 Uploaded Media
Parents may upload:
- Photos
- Videos
- Letters (typed or recorded)
- Images of gifts
- Living room photos for Santa sightings
We store these until the parent deletes them.
We may also perform a bulk deletion prior to the 2026 holiday season.
We do not use uploaded media:
- For AI training
- For advertising
- For any purpose besides generating the experience
1.4 Santa Interaction Data
We collect:
- Text transcripts of live or generated interactions, saved to your account
During a Live Santa Call, what is spoken is streamed in real time to our AI partner so Santa can hear and respond. We do not record or store that audio.
We do not collect:
- Recordings of audio from live calls
- Any video of you or your child during live calls - your camera view stays on your device and is never sent, stored or recorded
1.5 Analytics & Tracking
We may use:
- Firebase
- Mixpanel
- App store analytics
- Standard device data (IP, device model, OS)
This is used to improve performance, safety, and user experience.
2. How We Use Your Information
We use data to:
- Provide and personalize Santa experiences
- Generate AI-assisted content
- Display your stored videos and letters
- Maintain safety and prevent misuse
- Process credit purchases
- Improve app performance and reliability
We do not sell your data or share it with advertisers. We share it only with the providers listed in Section 3, and only to create and run your experiences.
3. How We Use AI and Who We Share Data With
Santa Magic experiences are created with AI. Before anything you share is sent to an AI partner, we show you exactly what is sent and to whom, and ask for your permission. You can browse without agreeing; you cannot create a letter, video, Chimney Visit or live call until you do.
3.1 What we collect
- Your account email address
- Your child's first name, age band, interests, wishes and good deeds, as you provide them
- Photos you upload (for example, a room photo for a Chimney Visit)
- Text scripts you write for Custom Videos
- Live call audio (processed in real time, not recorded) and call transcripts
- Your purchase history (we never receive your card details)
3.2 How it is collected
- Entered by you, the parent, in our forms
- Uploaded by you
- Captured as audio during live calls that you start
3.3 How it is used
- Generating personalized letters, videos, images and live conversation
- Saving call transcripts to your account
- Operating the service and providing support
3.4 Who we share it with
AI partners, who generate your experiences:
- OpenAI - conversation and script generation
- ElevenLabs - voice synthesis
- fal.ai - video and image generation (running models including Kling and Google's image models)
- HeyGen (LiveAvatar) - live avatar streaming and speech processing during live calls
Service providers, who run the service:
- Supabase - hosting and database
- Stripe - website payments
- Apple and RevenueCat - in-app purchases
- Resend - email
These providers process your information only to provide their service to us. They do not use it to train their models where we have opted out, and they are required to provide an equivalent level of data protection. We do not sell your data or share it with advertisers.
4. Children's Privacy (COPPA)
- Only parents may create accounts.
- Children cannot access the app without supervision.
- We collect child profile data only from parents, and only minimal details.
- Parents may delete child data at any time.
This structure ensures COPPA compliance.
5. Legal Basis for Processing (GDPR – for international visitors)
If you are in the EU/UK, we process data under the following bases:
- Performance of a contract (providing Santa experiences)
- Legitimate interest (security, analytics)
- Consent (when uploading optional media)
- Consent (sharing your details with our AI partners - asked in the app and on the website before anything is sent)
6. Data Retention
- Generated videos: kept for 90 days, after which they may be removed
- User-uploaded media: until the parent deletes it
- AI transcripts: retained to improve safety/quality
- Account data: retained while account is active
- Potential data purge before 2026 holiday season
You may request deletion at any time.
7. Data Rights
You may request:
- Access to your data
- Correction
- Export
- Deletion
- Removal of child profiles
To submit a request:
📩 support@chatswithsanta.com
8. Data Security
We use:
- Encrypted databases
- Access controls
- Limited staff access
- Industry-standard cloud storage protections
No system is 100% secure, but we take serious precautions.
9. International Transfers
Your data may be processed in the U.S. or by our cloud/AI partners.
We use legal safeguards such as SCCs where required.
10. Changes to This Policy
We may update this Privacy Policy as needed.
We will notify users of material changes.
11. Contact
Smart Way AI — Santa Magic
1221 103rd Pl SW Unit A
Everett, WA 98204
📩 support@chatswithsanta.com