🎅 Santa's Whisper

Privacy Notice

Last updated: December 2025

PRIVACY NOTICE

Last updated: December 2025

Introduction

This Privacy Notice for Santa's Whisper ("we," "us," or "our"), describes how and why we might access, collect, store, use, and/or share ("process") your personal information when you use our services ("Services"), including when you visit our website or use our video message platform.

Questions or concerns? Reading this Privacy Notice will help you understand your privacy rights and choices. We are responsible for making decisions about how your personal information is processed. If you do not agree with our policies and practices, please do not use our Services.

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 clicking the link following each key point or by using our table of contents below to find the section you are looking for.

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?

Some of the information may be considered "special" or "sensitive" in certain jurisdictions, for example your racial or ethnic origins, sexual orientation, and religious beliefs. We do not process sensitive personal information.

Do we collect any information from third parties?

We may collect information from public databases, marketing partners, social media platforms, and other outside sources.

How do we process your information?

We process your information to provide, improve, and administer our Services, communicate with you, for security and fraud prevention, and to comply with law. We may also process your information for other purposes with your consent. We process your information only when we have a valid legal reason to do so.

In what situations and with which parties do we share personal information?

We may share information in specific situations and with specific third parties.

What are your rights?

Depending on where you are located geographically, the applicable privacy law may mean you have certain rights regarding your personal information.

How do you exercise your rights?

The easiest way to exercise your rights is by submitting a data subject access 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. When and With Whom Do We Share Your Personal Information?
  4. Do We Use Cookies and Other Tracking Technologies?
  5. How Do We Handle Your Social Logins?
  6. Is Your Information Transferred Internationally?
  7. How Long Do We Keep Your Information?
  8. Do We Collect Information From Minors?
  9. What Are Your Privacy Rights?
  10. Controls for Do-Not-Track Features
  11. Do We Make Updates to This Notice?
  12. How Can You Contact Us About This Notice?
  13. 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
  • Participate in activities on the Services
  • Contact us

Sensitive Information: We do not process sensitive information.

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 and location
  • Information about how and when you use our Services
  • 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.

2. HOW DO WE PROCESS YOUR INFORMATION?

In Short: We process your information to provide, improve, and administer our Services, communicate with you, for security and 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 provide our Services
  • To respond to your inquiries
  • To send you marketing and promotional communications
  • To monitor and analyze usage patterns
  • To prevent fraudulent transactions and other illegal activities
  • To comply with legal obligations
  • To process payments
  • To deliver video messages and related content

2A. SPECIAL PROTECTIONS FOR CHILDREN'S PERSONAL INFORMATION

In Short: We implement special safeguards when processing information about children, as required by COPPA and GDPR.

When processing personal information about children (individuals under 18 years of age), we implement the following additional protections:

Parental Consent

  • We require verifiable parental or guardian consent before collecting, using, or sharing a child's personal information
  • Parents/guardians may review, obtain copies of, and request deletion of their child's information
  • We provide clear mechanisms for parents to consent, refuse, or withdraw consent

Data Minimization

  • We collect only the minimum personal information necessary to provide our Services (child's name, age, interests, and voice for video personalization)
  • We do not collect unnecessary personal information about children
  • We do not use children's information for marketing or profiling purposes

Data Security

  • We use encryption and secure transmission protocols for all children's data
  • Access to children's data is restricted to authorized personnel only
  • We regularly audit our security practices

User Deletion Rights

  • Parents may request deletion of their child's information at any time via our data deletion endpoint
  • We delete children's information immediately upon parental request (soft-delete, then hard-delete after 30-day grace period)
  • Deletion requests are prioritized and processed within 7 business days

No Sale of Children's Data

  • We do not sell, rent, or disclose children's personal information to third parties for marketing purposes
  • We only share children's data with service providers who have agreed to the same protections outlined in this notice

Transparency

  • We provide clear, age-appropriate information about how we use children's data
  • We include this notice in our terms and ensure parents understand their rights

For questions about how we protect children's information, parents should contact us using the details in Section 12.

3. 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 third parties.

We may 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.

Service Providers

We may share your information with third-party service providers who perform services on our behalf, including:

  • Payment processors (Stripe)
  • Email service providers (Resend)
  • Video generation services (HeyGen)
  • Cloud storage providers
  • Analytics providers

3A. AI PROCESSING AND SCRIPT GENERATION

In Short: We use artificial intelligence to generate personalized video scripts based on the information you provide. Parents must explicitly consent to AI processing before we create videos.

How We Use AI

We use OpenAI's GPT-4o-mini model (accessed through Vercel AI Gateway) to generate personalized Santa video scripts based on:

  • Child's name
  • Child's age
  • Child's interests and hobbies
  • Custom message from parent
  • Child's location (for personalization)

Consent Requirement

  • AI processing requires explicit parental consent via our consent form
  • Parents can opt out of AI processing, though this prevents video generation
  • We will not generate scripts without documented parental consent

Data Processing

  • Only the information necessary for script generation is sent to OpenAI
  • Full children's personal information (email, phone) is NOT sent to OpenAI
  • Prompts to the AI system are designed to minimize exposure of sensitive data
  • OpenAI processes this data to generate scripts but does not use it for model training (as per our agreement)

Data Retention

  • Generated scripts are retained for 90 days to allow for video generation and delivery
  • After 90 days, scripts are automatically deleted
  • Parents can request deletion of scripts at any time via our data deletion endpoint

Third-Party AI Processing

  • We do not share children's data with AI systems for profiling, training, or other purposes beyond script generation
  • We have data processing agreements in place with our AI service provider
  • Processing complies with GDPR Article 28 and COPPA requirements

Your Rights Regarding AI Processing

  • You may request to know what AI processing has occurred on your child's data
  • You may withdraw consent to AI processing at any time
  • You may request deletion of generated scripts and scripts will be permanently deleted

4A. DETAILED VENDOR DATA SHARING INFORMATION

In Short: We share your information with selected third-party vendors only to deliver our Services. All vendors must comply with strict data protection agreements.

Our Service Vendors and Their Data Access

Payment Processing (Stripe)

  • Data shared: Parent name, email, payment method, billing address
  • Purpose: Process payment for video orders
  • Data protection: Stripe is PCI DSS Level 1 compliant
  • Retention: Stripe retains data per their retention policy (typically 7 years for tax/legal purposes)
  • Child data shared: NO - we do not share child information with Stripe
  • How to contact: https://stripe.com/privacy

Video Generation (HeyGen)

  • Data shared: Child name, age, interests, generated script, and voice recording
  • Purpose: Create personalized Santa video
  • Data protection: HeyGen has agreed to process data for video generation only
  • Retention: We delete videos after delivery and then retain for 90 days maximum
  • Child data shared: YES - necessary for video personalization
  • Parental consent: Required before any data is sent to HeyGen
  • How to contact: https://www.heygen.com/privacy

Email Delivery (Resend)

  • Data shared: Parent email, child name, video delivery link, personalization details
  • Purpose: Send video links and notifications to parents
  • Data protection: Resend complies with GDPR and has CCPA certification
  • Retention: Email logs retained for 90 days
  • Child data shared: Minimal (only child name in email content)
  • How to contact: https://resend.com/legal/privacy

Cloud Storage (Supabase/AWS)

  • Data shared: All order and consent information
  • Purpose: Store and retrieve data for our Services
  • Data protection: Supabase uses AWS infrastructure with encryption at rest and in transit
  • Retention: Per this Privacy Notice and our data retention policy
  • Child data shared: YES - all collected information is stored
  • How to contact: https://supabase.com/privacy

Analytics (Built-in Supabase analytics)

  • Data shared: Anonymized usage patterns, page views, feature usage
  • Purpose: Understand how our Services are used and improve performance
  • Data protection: Data is aggregated and does not identify individuals
  • Retention: 90 days for analytics, then automatically deleted
  • Child data shared: NO - analytics data does not include personal information
  • How to contact: N/A (first-party processing)

Data Processing Agreements

All vendors listed above have executed Data Processing Agreements (DPA) that ensure:

  • Data is processed only as instructed by Santa's Whisper
  • Appropriate technical and organizational security measures are in place
  • Data is not shared with subprocessors without consent
  • Data is deleted or returned at termination of the service

Vendor Changes

If we change vendors for any service, we will update this Privacy Notice and, where required by law, seek additional parental consent.

Opting Out of Vendor Sharing

Because our service requires integration with these vendors to function (payment processing, video generation, email delivery), opting out of sharing with vendors would prevent us from delivering the service. However, you may:

  • Request deletion of your data at any time (see Section 13)
  • Choose not to use our Services

4. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?

In Short: We may use cookies and other tracking technologies to collect and store your information.

We may 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
  • Prevent crashes
  • Fix bugs
  • Save your preferences
  • Assist with basic site functions

We also permit third parties and service providers to use online tracking technologies on our Services for analytics and advertising, including to:

  • Help manage and display advertisements
  • Tailor advertisements to your interests
  • Send abandoned shopping cart reminders (depending on your communication preferences)

The third parties and service providers use their technology to provide advertising about products and services tailored to your interests which may appear either on our Services or on other websites.

For specific information about how we use such technologies and how you can refuse certain cookies, please refer to our Cookie Policy.

5. 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 Facebook or X logins). 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 social media provider concerned, but will often include:

  • Your name
  • Email address
  • Friends list
  • Profile picture
  • Other information you choose to make public on such a social media platform

We will use the information we receive only for the purposes that are 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, and how you can set your privacy preferences on their sites and apps.

6. IS YOUR INFORMATION TRANSFERRED INTERNATIONALLY?

In Short: We may transfer, store, and process your information in countries other than your own.

Our servers are located in the United States. Regardless of your location, please be aware that your information may be transferred to, stored by, and processed by us in our facilities and in the facilities of the third parties with whom we may share your personal information, including facilities in the United States and other countries.

If you are a resident in the European Economic Area (EEA), United Kingdom (UK), or Switzerland, then these countries may not necessarily have data protection laws or other similar laws as comprehensive as those in your country. However, we will take all necessary measures to protect your personal information in accordance with this Privacy Notice and applicable law.

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).

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. 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 the address provided in the "How Can You Contact Us About This Notice?" section below.

8A. RIGHT TO ERASURE (RIGHT TO BE FORGOTTEN)

In Short: You have the right to request that we delete your child's personal information at any time, and we will comply within 7 business days.

Who Can Request Deletion

  • Parents or legal guardians can request deletion of their child's personal information
  • Parents must verify their identity and ownership of the order

What Data Will Be Deleted

Upon request, we will delete:

  • Child's name, age, email address
  • Parent contact information (email, phone)
  • Child interests and hobbies
  • Custom messages provided by parent
  • Generated video scripts (after 90-day retention period)
  • Video files and recordings
  • All associated consent records

We will NOT delete (as required by law):

  • Payment transaction records (retained 7 years per tax law)
  • Anonymized analytics and usage data
  • Fraud prevention records

How to Request Deletion

Parents can request deletion by:

  1. Visiting /api/compliance/delete-data endpoint with order ID and email
  2. Sending a signed request to: info@santaswhisper.com
  3. Including the order ID and parent email address

Deletion Process

  1. Request verification: We verify parent identity and ownership of the order
  2. Immediate soft-deletion: Data is marked as deleted within 24 hours
  3. 30-day grace period: Data remains in backups but is inaccessible
  4. Hard deletion: After 30 days, data is permanently removed from all systems
  5. Confirmation: We send deletion confirmation email to the parent

Timeframe

  • Initial response to deletion request: Within 24 hours
  • Soft deletion: Within 24-48 hours of request confirmation
  • Hard deletion: Within 30 days of soft deletion
  • Confirmation email: Within 7 business days

Videos and Scripts

  • If video generation is in progress, we will stop the process immediately
  • Generated videos will be deleted from HeyGen within 48 hours
  • Generated scripts will be deleted from our systems immediately

Payment Information

  • We cannot delete payment transaction records (required by law and financial regulations)
  • However, we can delete the association between payment records and children's personal data
  • Stripe's payment records are subject to their own retention policy

Withdrawal of Consent

Requesting deletion is a permanent withdrawal of consent to process the child's information for any purpose.

Verification of Deletion

After 30 days, we will provide confirmation that data has been permanently deleted upon request. We will not keep records of the specific data that was deleted, only that a deletion request was processed.

9. WHAT ARE YOUR PRIVACY RIGHTS?

In Short: You may review, change, or terminate your account at any time, depending on your country, province, or state of residence.

Withdrawing Your Consent

If we are relying on your consent to process your personal information, which may be express and/or implied consent depending on the applicable law, you have the right to withdraw your consent at any time. You can withdraw your consent at any time by contacting us by using the contact details provided in the section "How Can You Contact Us About This Notice?" below.

However, please note that this will not affect the lawfulness of the processing before its withdrawal nor, when applicable law allows, will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent.

Account Information

If you would at any time like to review or change the information in your account or terminate your account, you can contact us using the contact details provided below.

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 in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our legal terms and/or comply with applicable legal requirements.

10. 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.

If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this Privacy Notice.

11. 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 to this Privacy Notice, 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.

12. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?

If you have questions or comments about this notice, you may contact us by:

Email: info@santaswhisper.com

Business Details: Santa's Whisper UK Sole Trader

Web: https://www.santaswhisper.com

13. HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?

Based on the applicable laws of your country, you may have the right to:

  • Request access to the personal information we collect from you
  • Obtain details about how we have processed it
  • Correct inaccuracies
  • Delete your personal information
  • 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 contact us using the contact details provided in the "How Can You Contact Us About This Notice?" section above.

We will respond to your request in accordance with applicable data protection laws within the timeframe specified by law (typically 30 days).

Document Version: 1.1 Last Updated: December 2025