Last Updated: May 30, 2017
- 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 firstname.lastname@example.org.
(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.
(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.
- 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.
- 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.
- 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.
(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.
- 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 email@example.com.
- 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.
(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.