(LAST MODIFIED OCTOBER 5, 2020)
You must be at least 16 years of age to access or use Image3D Services.
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
- 2 Data generated using Image3D Services
- 3 Payment data
- 4 Technical information
- 5 Support correspondence
- 6 Cookies and web beacons
- 7 Aggregated, deidentified, or anonymous information
- 1 Security and Legal Compliance
- 2 Third-party service providers
- 3 Other third parties
- 4 Images
- 1 Your Rights
- 2 Accessing and deleting personal data held by Image3D
- 3 Managing personal data from third-party applications and from your mobile device
- 4 Opting in or out of marketing communication with Image3D
- 5 Privacy Policies of Third Parties.
- 6 Minors
- 7 Transfer of Data
- 8 Data Retention
- 9 Security of Your Information.
- 10 Data Protection Officer and Contact.
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.
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.
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.
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.
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.
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 may share your data with third parties or allow third parties to collect this information from Image3D Services in the following manner:
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.
We share your data with the third-party service providers and partners that we work with to bring you Image3D Services.
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.
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.
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
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.
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.
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.
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.
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.
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.
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.
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.
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).