Account

IMAGE3D, LLC

PRIVACY POLICY

(LAST MODIFIED OCTOBER 5, 2020)



We at Image3D, LLC, have created this Privacy Policy to describe how information is collected, used, and disclosed when you visit or use our website at Image3D.com, and any other Image3D website, service or product licensed, downloaded or otherwise accessed by you (“Image3D Services”). By accessing or using Image3D Services, you are accepting the practices described in this Privacy Policy.

For purposes of this Privacy Policy, “Image3D” and “we” mean Image3D, LLC and its affiliates. “Affiliates” means, with respect to any party, any person or entity which controls, is controlled by, or is under common control with, any such party.

If you do not want us to collect, store, use, or share your personal information in the ways described in this Privacy Policy, you must not use Image3D Services, and you must promptly uninstall and delete all Image3D Services from all of your devices.


You must be at least 16 years of age to access or use Image3D Services.


UPDATES

We may update our Privacy Policy at any time and in our sole discretion. If we believe that the changes are material, we will let you know by doing one (or more) of the following: (1) posting the changes on our website or (2) sending you an email or other message about the changes. Changes will be effective immediately upon the posting of the changes. You are responsible for reviewing and becoming familiar with any changes. You can tell when changes have been made by referring to the “Last Modified” date at the top of this page. Your use of Image3D Services following the changes constitutes your acceptance of the updated Privacy Policy. If you do not agree, you must immediately discontinue use of all Image3D Services. You cannot make changes to this Privacy Policy unless both you and Image3D sign a written amendment.


TYPES OF DATA WE COLLECT AND HOW WE COLLECT IT

We may collect the following categories of personal information in the ways described below:

  • 1 Data about you that you give us directly

    • When you use Image3D Services, you may give us data directly (like when you set up your account), and we will store that data on our databases and use it for the purposes described in this Privacy Policy. The data you give us in connection with your account includes identifiers such as first and last names and email address. We may also request other information that helps us make sure it is you accessing your account, helps us improve Image3D Services, or allows us to provide the products/services you are requesting.

  • 2 Data generated using Image3D Services

    • When you use Image3D Services, we collect data about the ways in which you use and interact with Image3D Services, such as purchases you make and communications through our “Contact” page.

    We may access in real-time, record, and store archives of these communications, comments, and other user-generated content on our servers to protect our rights and property in connection with Image3D Services; to conduct research, and to operate, improve, personalize, and optimize Image3D Services (including through the use of analytics). Where required by law, we will seek your consent for this.

  • 3 Payment data

    • If you make a purchase, our third-party payment partners will collect the billing and financial information needed to process your charges. This may include your postal address, email address, and financial data such as your credit card or debit card information. Our payment partners do not share your financial information, like credit card numbers, with us, but they may share non-financial data with us related to your purchases, like your name, and the items purchased. The privacy policy of JetRails, which hosts our payment platform can be found at https://jetrails.com/privacy-policy/

  • 4 Technical information

    • When you access Image3D Services, we may collect technical information about the device you’re using, such as the IP address that requested the display of the Image3D Services, whether you’re connected to Wi-Fi or to mobile data, the name of the Internet service provider, the operating system type, the battery status of your device, the resolution of your device’s screen, the identifiers associated with the device, and geolocation.

  • 5 Support correspondence

    • When you ask for help from our support team, we may collect and store the contact information you give them (generally, your name and email address), the communications you have with our support team, and any additional information in those communications in order to provide support and improve our services.

    Please note that in many cases we will need certain data from you. Without this information, we will not be able to provide support or answers to your data rights’ requests, so please be aware that we may contact you and request additional information in order to provide services.

  • 6 Cookies and web beacons

    • Cookies are text files placed on your computer to collect standard internet log information and visitor behavior information. When you visit our websites, Image3D and our service providers may collect information from you automatically through cookies or similar technology. For further information about cookies, visit allaboutcookies.org and our Cookie Policy.

  • 7 Aggregated, deidentified, or anonymous information

    • Through Image3D Services, we may collect aggregated, deidentified, or anonymized information that does not identify any single user or device. Information that has been aggregated, deidentified, or anonymized is not subject to this Privacy Policy.


    USES OF COLLECTED INFORMATION.

    We use the data we collect and store to provide you with the Image3D Services you request from us, but there are other uses as well.

    The uses for which we collect and store your data include: to improve and optimize Image3D Services and your experiences with Image3D Services; to create your account and allow you to use Image3D Services; to communicate with you, including about new Image3D Services and promotional offers that we think might be of interest to you; to provide support and respond to your requests; to protect the safety of our employees and customers; to protect our rights and property in connection with Image3D Services; to protect the security of our systems; to prevent fraud or potentially illegal activities; to enforce our Terms of Use; to administer promotional activities or events sponsored or managed by us or our partners; to comply with our legal obligations; to resolve any disputes we may have with you or other customers; and to enforce our agreements with third parties.

    We may use your contact information to process our promotional newsletters and email campaigns and to send you updates, security alerts, and administrative messages relating to Image3D. Your contact information will allow us to notify you about new features, enhancements, resolution of problems with Image3D Services, and to handle and route your customer-support questions and issues.

    We may use an IP address to determine the appropriate country-based version of Image3D Services for a user, or to exercise our ability to restrict access to the site by users who have violated our Terms of Use. We and our third-party service providers use cookies and other technologies, such as mobile device identifiers, to enhance your experience with Image3D Services. Cookies enable you to automatically sign in when you access Image3D Services and offer other operational activities within Image3D Services. We and our third-party service providers may also use web beacons and other technologies to monitor user behavior and collect information about visitors viewing a web page. We may use information collected to compile statistics and conduct analysis about our user community for the purpose of enhancing our offerings, or for security purposes.


    SECURITY AND STORAGE

    We at Image3D take reasonable measures to help protect the information we collect from loss, theft, misuse and unauthorized access, disclosure, alteration, and destruction. While we have employed security technologies and procedures to assist in safeguarding your personal data, no system or network can be guaranteed to be 100% secure. Your data is stored at a Zayo colocation facility in Oakbrook, Illinois. This tier III+ facility has 24-hour staff and bio-metric and key card access controls that meet SSAE 16 compliance. For more information, visit www.zayo.com/zcolo-facilities.

    We will keep your account information (name, email address and, if you have provided it to us, shipping address) indefinitely unless you delete your account. We keep incomplete reels and the images that comprise those reels on our website server for 90 days after the date of last editing; they are then deleted. Once a reel is completed, the individual image files and edits that comprise the reel will be saved for up to 90 days; after such time, the individual image files will be deleted. A fully completed Reel file will be saved indefinitely or until it is deleted by the customer. Once this time period has expired, or if you request deletion, we will delete your data by permanently removing it from your account and our servers.

    We will keep certain records (e.g., personal data relating to payments or customer service matters) where we need (and have rights) to, such as for legal or accounting purposes. We will also keep data in order to exercise, defend, or establish our rights. We do not have access to your password or payment information. The privacy policy of JetRails, which hosts our payment platform can be found at https://jetrails.com/privacy-policy/.


    DATA SHARING

    We may share your data with third parties or allow third parties to collect this information from Image3D Services in the following manner:

    • 1 Security and Legal Compliance

      • We share your data when necessary for safety, security, or compliance with law. Your data and the content of all of your online communications in Image3D Services, and between you and Image3D, may be accessed and monitored as needed by Image3D Services and may be disclosed: to satisfy any laws or regulations that apply; when we have to disclose the information in response to lawful requests by public authorities; if Image3D Services are being used in committing a crime or to share data with other companies and organizations for the purposes of fraud protection and other security precautions; and to protect the rights or property of Image3D or applicable third parties.

    • 2 Third-party service providers

      • We share your data with the third-party service providers and partners that we work with to bring you Image3D Services.

        Text messaging opt-in is excluded from information sharing with third parties

          We will share your information with third-party companies who perform services on our behalf, like payment processing, analytics, analysis, hosting services, customer service, marketing, and advertising optimization. We will also share your data with our third-party partners who assist us in delivering and optimizing Image3D Services. Where we share your data with third-party service providers and partners, we ensure that we have appropriate agreements in place to protect your information as required by applicable data protection laws.

        • 3 Other third parties

          • Image3D might sell or buy certain subsidiaries or business units. In such transactions, customer information is generally one of the transferred assets. Also, in the unlikely event that Image3D or substantially all of its assets are acquired, customer information would in most cases be one of the transferred assets.

          In addition to the sharing described above, we may share your data with other third parties or allow them to collect your information from Image3D Services in some ways not specifically described in this Privacy Policy if we have your consent to do so.

        • 4 Images

          • Unless we obtain your consent to do so, we do not use, share, or sell your images for any purpose other than to provide you Image3D Services.


        RESIDENTS OF EUROPEAN COUNTRIES

        Image3D is a US based company which offers Image3D Services also to individuals residing European countries. If you reside in the European Union (EU), the European Economic Area (EEA) or Switzerland (collectively, the “European Countries”), this section will apply to you. To the extent that provisions in this section contradict other provisions of the Privacy Policy, the provisions in this section prevail for residents of the European Countries. In compliance with the EU General Data Protection Regulation, we have appointed Bethany Jeanfreau as our EU representative. You can address questions relating to the way we collect, store, use and disclose your personal information to our representative at [email protected].

        We collect, store, use and disclose personal information about you as described above. We do so to provide you with the services you request, pursuant to our Terms of Use; based on our legitimate business interests, and subject to your right of objection, to: (i) improve our services, (ii) ensure the security of Image3D Services, (iii) send you newsletters with the latest information on our products/services and company as well as other advertising for our products, (iv) conclude corporate transactions (e.g., corporate restructuring, sale or assignment of assets, merger); (v) to comply with our legal obligations, any court order or binding decision; (vi) to protect our rights and property, (vii) enforce our Terms of Use and legal notices and for the establishment, exercise and defense of legal claims; and (viii) for purposes unrelated to those described in this Privacy Policy by first notifying you and, where required, offering you a choice as to whether or not we may use your personal information in this different manner. We do not accept personal data of children under the age of 16. If you become aware of an account belonging to someone under 16, please contact us at the contact details provided at the end of this Privacy Policy.

        • 1 Your Rights

          • If you are located in the European Countries, you have the following rights:

          The right to access – You have the right to request copies of your personal data. We may charge you a small fee for this service.

          The right to rectification – You have the right to request that we correct any information you believe is inaccurate. You also have the right to ask us to complete the information you believe is incomplete.

          The right to erasure – You have the right to request that we erase your personal data, under certain conditions.

          The right to restrict processing – You have the right to request that we restrict the processing of your personal data, under certain conditions.

          The right to object to processing – You have the right to object to our processing of your personal data, under certain conditions.

          The right to data portability – You have the right to request that we transfer the data that we have collected to another organization, or directly to you, under certain conditions.

          If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please email us at [email protected] or write to us at 4211 SE International Way, Suite D, Milwaukie, OR 97222. If we have collected and processed your personal information with your consent, then you can withdraw your consent at any time through the settings on our website, by requesting this change through the Contact Us link on our website, or by emailing us at [email protected]. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent.

        • 2 Accessing and deleting personal data held by Image3D

          • To exercise your rights to access or deletion, please submit a request through the Contact Us link on our website or directly send us an email to our support team at [email protected]. We ask that you submit all requests through our website to ensure that, at a minimum, we have sufficient information about the user to enable us to service the request. If you send us an email message, we may ask you to provide more information about you.

          If you do not provide us with accurate information or we do not have access to your email address and sufficient consent, if required, we will not be responsible for failure to exercise your rights as we will not be able to identify you. We respond to all data protection requests we receive in accordance with applicable data protection laws. We will not discriminate against you for exercising your rights and choices except where permitted by law. For example, some of the functionality and features available on Image3D Services may change or no longer be available to you if you have requested that we delete your information.

          To review and update personal data (including consents) associated with your account, please email our support team at [email protected]. For deletion requests, we will take reasonable measures to delete your personal data from our records. We will keep certain records (e.g., personal data relating to payments or customer service matters) where we need (and have rights) to, such as for legal or accounting purposes. We will also keep data in order to exercise, defend, or establish our rights.

        • 3 Managing personal data from third-party applications and from your mobile device

          • To manage the information we receive from third-party applications and from your own devices (e.g., smart phone, computer, tablet) use the settings provided by the third-party application and your device. You also can manage many aspects of data collection and use from your device by visiting the “settings” of your device or web browser and reviewing the access permissions of each application. Once we receive your data from a third-party application/platform or your device, that data is stored and used by us in accordance with this Privacy Policy. You may access and update that information as described above.

        • 4 Opting in or out of marketing communication with Image3D

          • You can unsubscribe from promotional emails by clicking the “unsubscribe” link. Please note that if you opt in or out of receiving marketing communications from us, we may still communicate with you from time to time if we need to provide you with information about the services you are using from us, if we need to request information from you with respect to a transaction initiated by you, or for other legitimate non-marketing reasons, for example, if we update this Privacy Policy or our Terms of Use.

        • 5 Privacy Policies of Third Parties.

          • We are not responsible for the ways in which third parties use your data (other than our partners acting under our guidance). We are not responsible for the privacy practices or the content of these parties. If you have any questions about how these entities use your data, you should review their policies and contact them directly.

        • 6 Minors

          • We do our best to ensure that we do not collect information from or about children. Image3D Services are not intended for children under the age of 16. Those under 16 are not permitted to use Image3D Services, and we do not knowingly collect any personal data from children under the age of 16. If we learn that we have inadvertently gathered personal data from someone under 16, we will take reasonable measures to promptly remove that information from our records.

        • 7 Transfer of Data

          • When you use Image3D Services, your personal data may be sent outside of the European Countries, for example, to the United States and possibly other countries. When we transfer, store, and use personal data collected in the European Countries outside of the European Countries, we comply with our legal obligations and ensure that your personal data is subject to suitable safeguards (such as encrypting communication) or transferred to “approved” territories. We may transfer your personal data to our Affiliates located in and outside of European Countries or to our business partners and service providers from time to time for our legitimate business purposes. For example, we may provide certain services to our Affiliates.

          We store personal data about players and visitors to our sites on servers located in the United States, and we may also store this information on servers and equipment in other countries. Personal information collected in the European Countries may be transferred to, and stored at, a destination outside of the European Countries. The data we hold may also be processed by employees operating outside of the European Countries who work for us, one of our Affiliates, or one of our business partners or service providers. This staff may be engaged in, among other things, marketing communication with players and product development.

          When we transfer your personal data internationally, we will take reasonable steps to ensure that your data is treated securely, lawfully, and in the manner we describe here. Please note that laws vary from jurisdiction to jurisdiction, so the privacy laws applicable to the places where your data is transferred to or stored, used, or processed in, may be different from the privacy laws applicable to the place where you reside.

          Additionally, if we share with entities that are not subject to the Privacy Shield framework, and we make sure that these entities ensure an adequate level of protection, the transfer is supported by the European Commission’s standard contractual clauses for the transfer of personal data to a country outside the European Countries. These standard contractual clauses are available here: https://ec.europa.eu/justice/data-protection/international-transfers/transfer/.

          Participating European Countries’ residents should direct any questions, concerns, or complaints regarding our handling of personal data or compliance with the Privacy Shield to our Data Protection Officer (see below for contact information). We will answer your questions in a timely and complete manner. If, after discussing the matter with us, your question or complaint is not resolved, an additional binding arbitration option may be available to you.

        • 8 Data Retention

          • We will keep your information for as long as necessary to provide you with Image3D Services, maintain our legitimate business operations, and/or exercise, defend or establish our rights.

          How long we retain your personal information depends on why we collected it and how we use it, but we will not retain your personal information for longer than is necessary for our business purposes or for legal requirements.

          We will retain personal information about you and connected with your account and Image3D Services you use from us for as long as you have an active account with us, except that unfinished reels and related images are kept for 90 days and then deleted. We will take reasonable measures to delete this personal information if you delete your account. However, you acknowledge that we may retain some information after you have closed, or we have deleted, your account with us where necessary to enable us to meet our legal obligations or to exercise, defend, or establish our rights.

        • 9 Security of Your Information.

          • We implement reasonable and appropriate security measures to help protect the security of your data and to ensure that your data is treated securely and in accordance applicable laws. Although we work to protect your information, you also have to take certain steps.

          It’s important that you protect and maintain your account’s security and that you immediately tell us of any unauthorized use of your account. Be careful to keep your account information, including your password, secure. We urge you to log out of your Image3D account when you are finished using it.

        • 10 Data Protection Officer and Contact.

          • Our Data Protection Officer (the “DPO”) is responsible for all matters related to data protection and privacy matters. You can reach our DPO, Andrew J Jeanfreau, at [email protected].

          If you have a customer service-related issue, please contact our Support Team instead of contacting the DPO. Please be sure to include your name or your player ID or address and email address in any correspondence to us so that we can respond to your inquiry in a timely manner.


          RESIDENTS OF CALIFORNIA

          If the California Consumer Privacy Act (CCPA) applies to your information, we provide these disclosures and the tools described in this policy so you can exercise your rights to receive information about our data practices, as well as to request access to and deletion of your information. These tools allow you to review, update and delete your information, as well as export and download a copy of it. You can also read more about Image3D’s data retention periods, and the process we follow to delete your information.

          We do not sell your personal information. We only share your information as described in this policy. We process your information for the purposes described in this policy, which include “business purposes” under the CCPA. These purposes include:

          Protecting against security threats, abuse, and illegal activity. We use and may disclose information to detect, prevent and respond to security incidents, and to protect against other malicious, deceptive, fraudulent, or illegal activity. For example, to protect our services, we may receive or disclose information about IP addresses that malicious actors have compromised.

          Auditing and measurement. We use information for analytics and measurement to understand how our services are used, as well as to fulfill obligations to our partners like advertisers, developers, and rights holders. We may disclose non-personally identifiable information publicly and with these partners, including for auditing purposes.

          Maintaining our services. We use information to ensure our services are working as intended, such as tracking outages or troubleshooting bugs and other issues that you report to us.

          Research and development. We use information to improve our services and to develop new products, features and technologies that benefit our users and the public.

          Use of service providers. We share information with service providers to perform services on our behalf, in compliance with this Privacy Policy and other appropriate confidentiality and security measures. For example, we may rely on service providers to help provide customer support.

          Advertising. We may process information, including online identifiers and information about your interactions with advertisements, to plan future advertising campaigns.

          Legal Compliance. We also use information to satisfy applicable laws or regulations and disclose information in response to legal process or enforceable government requests, including to law enforcement.

          If you have additional questions or requests related to your rights under the CCPA, you can contact us (see Additional Questions section below).


          ADDITIONAL QUESTIONS

          If you have additional questions regarding this Privacy Policy or our handling of your personal information, please contact us at: [email protected].

© 2020 Image3D. All Rights Reserved.