ImageIN Privacy Policy

Last Updated: May 30, 2017

Welcome to ImageIN, a website and application that his owned and operated by Incode Technologies, Inc. (“Incode,” “us” and “we”). Incode provides an online platform designed to connect users with professional photo editors who will attempt to retouch and edit users’ photographs, digital images, and/or text (“Photographs”) in accordance with the users’ instructions. Incode is committed to protecting your privacy.  We have prepared this Privacy Policy to describe to you our practices regarding the Personal Data (as defined below) we collect from users of our website, located at www.imagineapp.com, and our mobile application (“Application”) (collectively, the “Site”), as well as any of our online services (“Services”).

  1. Questions; Contacting Incode; Reporting Violations.  If you have any questions or concerns or complaints about our Privacy Policy or our data collection or processing practices, or if you want to report any security violations to us, please contact us at customercare@imagineapp.com.
  2. User Consent.  By submitting Personal Data through our Site or Services, you agree to the terms of this Privacy Policy and you expressly consent to the collection, use and disclosure of your Personal Data in accordance with this Privacy Policy.
  3. A Note About Children.  We do not intentionally gather Personal Data from visitors who are under the age of 13.  If a child under 13 submits Personal Data to Incode and we learn that the Personal Data is the information of a child under 13, we will attempt to delete the information as soon as possible.  If you believe that we might have any Personal Data from a child under 13, please contact us at customercare@imageinapp.com.
  4. A Note to Users Outside of the United States. If you are a non U.S. user of the Site, by visiting the Site and providing us with data, you acknowledge and agree that your Personal Data (as defined below) may be processed for the purposes identified in the Privacy Policy.  In addition, your Personal Data may be processed outside of the European Union (the “EU”), in the country in which it was collected and in other countries, including the United States, where laws regarding processing of Personal Data may be less stringent than the laws in your country.  By providing your data, you consent to such transfer.  
  5. Types of Data We Collect.  As used in this Privacy Policy,“Personal Data or Personal Information” is as defined as “personal data” in the European Data Protection Directive 95/46/EC and any successor legislation, including any information which, either alone or in combination with other information we hold about you, identifies you as an individual, including, for example, your name, postal address, email address and telephone number, as well as any other non-public information about you that is associated with or linked to any of the foregoing data.  “Anonymous Data” means data that is not associated with or linked to your Personal Data, including but not limited to any aggregate data created and compiled from your Personal Data, from which we delete and/or remove any of your Personal Data; Anonymous Data does not, by itself, permit the identification of individual persons.  We collect Personal Data and Anonymous Data, as described below.

(a)             Information You Provide to Us. 

  • We may collect Personal Data from you, such as your first and last name, e-mail addresses, and password when you create an account (“Account”).
  • When you submit Photographs on our Site, the information contained in your Photographs will be stored in our servers and your designed photo editor(s) will be able to see it.
  • We collect billing information such as your credit card number and billing address.
  • If you use our Services on your mobile device, including through our Application(s), we may collect your phone number and the unique device id number.
  • If you tell us where you are (e.g., by allowing your mobile device to send us your location), we may store and use that information to provide you with location-based information and advertising.   If you want to deactivate this feature, you can either reinstall the Application(s) or deactivate GPS on your mobile device.
  • If you provide us feedback or contact us via e-mail, we will collect your name and e-mail address, as well as any other content included in the e-mail, in order to send you a reply.
  • When you communicate through the Services with another user, such as your photo editor, we may retain your messages (a) to convey and synchronize your messages and (b) to enable you and your recipients to view the messages.
  • We may also collect Personal Data at other points in our Site that state that Personal Data is being collected.

(b)            Information You Provide to Facebook and other Social Networking Sites (collectively, “SNS”).  In order to access certain features and functions, you may be required to access the Services by logging in through an SNS. By proceeding, you are allowing the Services to access your information and you are agreeing to the SNS’s Terms of Use in your use of the Services.  If you are not currently registered as a user of the Services, and you click on “Sign up” or “Log in” using an SNS that we support, you will first be asked to enter your SNS credentials and then be given the option to register for the Services.  In this case, we may receive information from the SNS to make it easier for you to create an Account on the Site and show our relevant content from your SNS friends.  Any information that we collect from your SNS account may depend on the privacy settings you have with that SNS, so please consult the SNS’s privacy and data practices.

(c)             Information Collected via Technology. 

  • Information Collected by Our Servers.  To make our Site and Services more useful to you, our servers (which may be hosted by a third party service provider) collect information from you, including your browser type, operating system, Internet Protocol (“IP”) address (a number that is automatically assigned to your computer when you use the Internet, which may vary from session to session), domain name, and/or a date/time stamp for your visit.
  • Log Files.As is true of most websites, we gather certain information automatically and store it in log files.  This information includes IP addresses, browser type, Internet service provider (“ISP”), referring/exit pages, operating system, date/time stamp, and clickstream data.  We use this information to analyze trends, administer the Site, track users’ movements around the Site, gather demographic information about our user base as a whole, and better tailor our Services to our users’ needs.  For example, some of the information may be collected so that when you visit the Site or the Services again, it will recognize you and the information could then be used to serve advertisements and other information appropriate to your interests.  Except as noted in this Privacy Policy, we do not link this automatically-collected data to Personal Data.
  • Cookies.  Like many online services, we use cookies to collect information.  “Cookies”are small pieces of information that a website sends to your computer’s hard drive while you are viewing the website.  We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on our Site.    This type of information is collected to make the Site more useful to you and to tailor the experience with us to meet your special interests and needs.
  • Pixel Tags. In addition, we may use “Pixel Tags” (also referred to as clear Gifs, Web beacons, or Web bugs).  Pixel Tags are tiny graphic images with a unique identifier, similar in function to Cookies, which are used to track online movements of Web users.  In contrast to Cookies, which are stored on a user’s computer hard drive, Pixel Tags are embedded invisibly in Web pages.  Pixel Tags also allow us to send e-mail messages in a format users can read, and they tell us whether e-mails have been opened to ensure that we are sending only messages that are of interest to our users.  We may use this information to reduce or eliminate messages sent to a user.  We do not tie the information gathered by Pixel Tags to our users’ Personal Data.
  • Mobile Services.  We may also collect non-personal information from your mobile device if you have downloaded our Application(s).  This information is generally used to help us deliver the most relevant information to you. Examples of information that may be collected and used include your geographic location, how you use the Application(s), and information about the type of device you use.   In addition, in the event our Application(s) crash on your mobile device, we will receive information about your mobile device model software version and device carrier, which allows us to identify and fix bugs and otherwise improve the performance of our Application(s).  This information is sent to us as aggregated information and is not traceable to any individual and cannot be used to identify an individual.
  • Analytics Services.  We use analytics services (including, but not limited to, Amplitude, Mixpanel, and Intercom) to help analyze how users use the Site and App. Analytics services use Cookies to collect information such as how often users visit the Site and we use the information to improve our Site, App and Services. The analytics services’ ability to use and share information collected by them is restricted by their terms of use and privacy policy, which you should refer to for more information about how these entities use this information, and how you can opt-out of their use of such information.
  • How We Respond to Do Not Track Signals.  We do not currently respond to “do not track” signals or other mechanisms that might enable consumers to opt out of tracking on our Site.

 

 

  1. Use of Your Personal Data

(a)             General Use.  In general, Personal Data you submit to us is used either to respond to requests that you make, or to aid us in serving you better.  We may use your Personal Data in the following ways:

  • facilitate the creation of and secure your Account on our network;
  • identify you as a user in our system;
  • provide improved administration of our Site and Services;
  • provide the Services you request;
  • improve the quality of experience when you interact with our Site and Services;
  • track user behavior within the system to create a more customized experience;
  • send you a welcome e-mail to verify ownership of the e-mail address provided when your Account was created;
  • send you administrative e-mail notifications, such as security, or support and maintenance advisories;
  • send you administrative e-mail requests for feedback, such as suggestions for how to improve our product, surveys about your use of our product, or questions about new potential features;
  • respond to your inquiries related to support, complaints and administration of our Site and Services;
  • respond to your inquiries related to employment opportunities or other requests; and
  • send newsletters and optional surveys.

(b)            Creation of Anonymous Data.  We may create Anonymous Data records from Personal Data by excluding information (such as your name) that makes the data personally identifiable to you.  We use this Anonymous Data to analyze request and usage patterns so that we may enhance the content of our Services and improve Site navigation, including but not limited to certain benchmarking and/or data analytics purposes. We reserve the right to use Anonymous Data for any purpose we see fit, including for commercial and business purposes, and to disclose or sell Anonymous Data to third parties in our sole discretion.

  1. Disclosure of Your Personal Data and Interaction with Other Users.  We disclose your Personal Data as described below and as described elsewhere in this Privacy Policy.  Note that the Services are meant to enable you to communicate with other users who Incode does not have any control over. Incode will not be liable for any act or omission of a photo editor or other user with whom you choose to share your Personal Data, Photographs, or other information.

(a)             Other Users. Our Services allow you to choose to communicate with other users of the Services, such as photo editors, and whatever your message says or shows will be visible to that other user. To the extent you choose to share Personal Data in a communication with another user, it will be available to that user.  Please be thoughtful about the information that you share. Further, you agree and acknowledge that Incode is in no way responsible for any communications you have with another user via the Services, including any loss or damage that results from such communication with another user of the Services. Incode cannot control and does not monitor the information you may receive when you communicate with other users of the Services, and does not guarantee that such information will be accurate or non-offensive.

(b)            Third Party Service Providers.  We may share your Personal Data with third party service providers to:  provide you with the Services that we offer you through our Site; to conduct quality assurance testing; to facilitate creation of accounts; to provide technical support; to provide other services to Incode and/or to certain third party payment processors, as set forth in Section 8 below. Because we do not control the privacy practices of these third party services providers, you should read and understand their privacy policies. 

NOTICE TO CALIFORNIA RESIDENTS – YOUR CALIFORNIA PRIVACY RIGHTS

(AS PROVIDED BY CALIFORNIA CIVIL CODE SECTION 1798.83)

A CALIFORNIA RESIDENT WHO HAS PROVIDED PERSONAL DATA TO A BUSINESS WITH WHOM HE/SHE HAS ESTABLISHED A BUSINESS RELATIONSHIP FOR PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES (A “CALIFORNIA CUSTOMER”) MAY REQUEST INFORMATION ABOUT WHETHER THE BUSINESS HAS DISCLOSED PERSONAL INFORMATION TO ANY THIRD PARTIES FOR THE THIRD PARTIES’ DIRECT MARKETING PURPOSES.  IN GENERAL, IF THE BUSINESS HAS MADE SUCH A DISCLOSURE OF PERSONAL DATA, UPON RECEIPT OF A REQUEST BY A CALIFORNIA CUSTOMER, THE BUSINESS IS REQUIRED TO PROVIDE A LIST OF ALL THIRD PARTIES TO WHOM PERSONAL DATA WAS DISCLOSED IN THE PRECEDING CALENDAR YEAR, AS WELL AS A LIST OF THE CATEGORIES OF PERSONAL DATA THAT WERE DISCLOSED.  CALIFORNIA CUSTOMERS MAY REQUEST FURTHER INFORMATION ABOUT OUR COMPLIANCE WITH THIS LAW BY E-MAILING CUSTOMERCARE@IMAGINEAPP.COM.  PLEASE NOTE THAT WE ARE REQUIRED TO RESPOND TO ONE REQUEST PER CALIFORNIA CUSTOMER EACH YEAR AND WE ARE NOT REQUIRED TO RESPOND TO REQUESTS MADE BY MEANS OTHER THAN THROUGH THIS E-MAIL ADDRESS.

(c)             Affiliates.  We may share some or all of your Personal Data with our parent company, subsidiaries, joint ventures, or other companies under a common control (“Affiliates”), in which case we will require our Affiliates to honor this Privacy Policy.

(d)            Corporate Restructuring.  We may share some or all of your Personal Data in connection with or during negotiation of any merger, financing, acquisition or dissolution transaction or proceeding involving sale, transfer, divestiture, or disclosure of all or a portion of our business or assets.  In the event of an insolvency, bankruptcy, or receivership, Personal Data may also be transferred as a business asset. If another company acquires our company, business, or assets, that company will possess the Personal Data collected by us and will assume the rights and obligations regarding your Personal Data as described in this Privacy Policy.

(e)            Other Disclosures.  Regardless of any choices you make regarding your Personal Data (as described below), Incode may disclose Personal Data if it believes in good faith that such disclosure is necessary (a) in connection with any legal investigation; (b) to comply with relevant laws or to respond to subpoenas or warrants served on Incode; (c) to protect the health or safety of other Users, Incode, or a third party; (d) to protect or defend the rights or property of Incode or users of the Site or Services; and/or (e) to investigate or assist in preventing any violation or potential violation of the law, this Privacy Policy, or our Terms of Use.

  1. Security and Credit Card Information. The security of your personal information is important to us. When you enter sensitive information (such as credit card number) on our order forms, we encrypt the transmission of that information using secure socket layer technology (SSL). We may use third party payment processors, such as Stripe, when you pay with your credit card using our Services. For more information on how payments are handled, or to understand the data privacy and security afforded to such information, please visit Stripe’s privacy terms at https://stripe.com/us/privacy. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security. If you have any questions about security on our Web site, you can contact us at customercare@imagineapp.com.
  2. Third Party Websites.Our Site may contain links to third party websites.  When you click on a link to any other website or location, you will leave our Site and go to another site, and another entity may collect Personal Data or Anonymous Data from you. We have no control over, do not review, and cannot be responsible for, these outside websites or their content.  Please be aware that the terms of this Privacy Policy do not apply to these outside websites or content, or to any collection of your Personal Data after you click on links to such outside websites.  We encourage you to read the privacy policies of every website you visit.  The links to third party websites or locations are for your convenience and do not signify our endorsement of such third parties or their products, content or websites.
  3. Your Choices Regarding Information.You have several choices regarding the use of information on our Service:

(a)             Messages and Photographs. Most messages sent through our Services are regularly deleted. We also instruct our photo editors to delete your Photographs after their project with you is completed.  But—and this is important—while we do not provide a save feature through the Services, you should understand that users who see your messages and/or Photographs may still be able to save them (for example, by taking a screenshot or a photograph of their device). The same common sense that applies to the Internet at large applies to Incode as well: Don’t send messages or Photographs that you wouldn’t want someone to save or share.

(b)            Email Communications.  We may periodically send you free newsletters and e-mails that directly promote the use of our Site or Services. When you receive newsletters or promotional communications from us, you may indicate a preference to stop receiving further communications from us and you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the e-mail you receive or by contacting us directly (please see contact information above).  Despite your indicated e-mail preferences, we may send you service related communications, including notices of any updates to our Terms of Use or Privacy Policy.

(c)             Cookies.  If you decide at any time that you no longer wish to accept Cookies from our Service for any of the purposes described above, then you can instruct your browser, by changing its settings, to stop accepting Cookies or to prompt you before accepting a Cookie from the websites you visit. Consult your browser’s technical information. If you do not accept Cookies, however, you may not be able to use all portions of the Service or all functionality of the Service. If you have any questions about how to disable or modify Cookies, please let us know at the contact information provided above.

(d)            Changing or Deleting Your Personal Data.  You may change any of your Personal Data in your Account by editing such information within your Account. You may request deletion of your Personal Data by us, and we will use commercially reasonable efforts to honor your request, but please note that we may be required by law to keep such information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements).  When we delete any information, it will be deleted from the active database, but may remain in our archives.  We may also retain your information for fraud prevention or similar purposes.

(e)            Applications.  You can stop all collection of information by the Application(s) by uninstalling the Application(s).  You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network.

  1. Changes to This Privacy Policy.  This Privacy Policy may be updated from time to time for any reason.  We will notify you of any changes to our Privacy Policy by posting the new Privacy Policy at http://www.imageinapp.com/legal/privacy-policy/ and we will change the “Last Updated” date above.  You should consult this Privacy Policy regularly for any changes.