Privacy Policy
Last updated: October 16, 2024
Imaige, Inc. is the leading platform for multimedia curation, offering a proprietary solution for businesses and consumers to catalog and curate large multimedia and image sets. At Imaige, we help you derive insights from your images.
KEY INFORMATION:
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BY ACCESSING THE SITE, USING THE PLATFORM OR OUR SERVICES, OR OTHERWISE INTERACTING WITH IMAIGE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS PRIVACY POLICY, including the ARBITRATION and CLASS ACTION WAIVER provisions, below.
BY ENABLING OUR FACE GROUPING FEATURE, YOU AGREE THAT YOUR USE OF THE FEATURE IS SUBJECT TO THIS POLICY AND THAT BY ENABLING THIS FEATURE YOU ARE PROVIDING YOUR AFFIRMATIVE AND INFORMED CONSENT AS MAY BE REQUIRED UNDER ANY APPLICABLE STATE LAW.
If you do not agree to this Privacy Policy, you are instructed not to use the Site, Platform, or Services.
The terms “we” “us” “our” or “Imaige” refer to Imaige Incorporated, and their corporate affiliates. By “you” we are referring to visitors and users of any part of our website, Platform or Services, including but not limited to:
- Imaige Photo Assistant, including the Photo Assistant Desktop App;
- Photofetcher, a web and mobile photo curation applications;
- MediaViz AI Platform;
- Related multimedia analytics tool(s).
Our “Platform” is made up of www.imaige.com, and all related websites, mobile apps, products, services or programs offered by Imaige, including those defined above.
INFORMATION WE COLLECT ABOUT YOU
We may collect the following types of information, which are described in more detail below: (A) information you provide to us, (B) information we automatically collect, and (C) information we receive from third parties. All of the information listed in (A)-(C) above, is detailed below, and hereinafter referred to as “Information.”
Information You Provide to Us:
In using our Services, you may provide us with Information, including, without limitation:
- Your contact information including name, email address, postal address and telephone number(s);
- Account information and log in credentials, including unique identifiers such as username and password;
- Content you upload, such as your photographs or other imagery;
- Feedback through comments, surveys and interactions that produce indicator data about your user preferences;
- Print preferences and order information;
- Application user experience preferences and style information;
- Payment processing information including payment method information such as a credit card or debit card number, bank account information or payment card image selected by you, billing or shipping address, merchant and location, purchase amount and date of purchase;
Additional information as otherwise described to you at the point of collection or pursuant to your consent.
Consent to Share Information of Others: The content you choose to upload to our Service, including your photos, may include the personal information or likeness of other persons. If you choose to share photographs or other information of someone else through a feature we offer, we will use the personal information and photographs you provide (for example, photographs, likenesses, names, or the e-mail address of the recipient) to fulfill your request and for other purposes described in this Privacy Policy.
By using our Services or by uploading photographs or other information of third parties you agree that you have obtained the consent of any third persons to share their personal information, likeness, or photographs with us, to the extent such consent or authorization is required by law.
Information We May Automatically Collect:
We also collect information about you from your visit to our Online Services including:
- Usage Information: We may track, collect, and aggregate information indicating, among other things, which pages of our Site were visited, the order in which they were visited, when they were visited, and which hyperlinks were clicked. We also collect information from the URLs from which you linked to our Site. Collecting such information may involve logging the IP address, operating system, and browser software used by each user of the Site, device, and advertising identifiers.
- Video Viewing Information: We may collect information concerning your engagement with and consumption of videos, video content and URLs on our site, including whether you requested or viewed specific video materials or services.
- Location Information: We may be able to determine from an IP address a user’s Internet Service Provider and their geographic location. Location data may be used to route your traffic to the nearest regional server to reduce latency and improve your experience. Some of our apps can provide content based on your GPS location if you enable this feature. Your GPS location is your precise geolocation, which is considered a type of sensitive personal information.
- Cookies, Beacons and Pixels: We and our service providers may also use cookies and web beacons when you visit our Site.
- Mobile device information: We may collect information about your mobile device including the type of device you use, operating system version, and the device identifier (or “UDID”), your mobile application identification and behavior, use, and aggregated usage, performance data, and where the application was downloaded from;
- Other information: We may collect other information like your aesthetic, subject matter, composition, and style preferences.
Certain laws may provide you with the right to object to the automated processing of your personal information. Please review these rights in the “Your State Data Privacy Rights” section below.
Face Grouping Feature
IMAIGE’s photo curation services include its Face Grouping feature, which at your request will scan the faces that appear in your photos and then organizes your photos based on the faces or groups of faces that appear in your photos.
Why we use the Face Grouping feature:
At your request, we use the Face Grouping feature to organize together images within a photo set that are likely to be of the same face or groups of faces. We also use the Face Grouping feature to analyze your photos and determine which photos may have greater meaning and significance to you, by recognizing the faces that appear most frequently in your photos, among other things.
How our Face Grouping feature works:
If you decide to enable the Face Grouping feature, the feature recognizes a face in an image and analyzes the face’s general geometry to create a face model that is a numerical representation of the face. The face model is used to predict the similarity of different faces in a photo set and estimate whether different images in the photo set represent the same face. For each face model that the feature creates across your photo set, the feature assigns a generic numeric label such as “Face 1,” to distinguish that face model from “Face 2,” and so on. Our image curation service then organizes photos based on the faces or groups of faces that appear in those photos. Our Face Grouping feature does not otherwise attempt to identify the people in your photos.
Each time we apply our Face Grouping feature to a photo set, the feature creates new face models and numeric labels that are used only for that specific photo set. We do not use the same face models across multiple photo sets, and we do not use face models created from one photo set with any other photosets, including photo sets from the same or different user accounts. We do not sell or transfer any face models or numeric labels to any third parties.
How long we retain Face Models and Numeric Labels:
We retain face models and numeric labels only for as long as needed to process and organize the photo set(s) that you upload and/or provide any services that you request. We delete face models and numeric labels as soon as is practicable after we have finished processing your photo set(s).
Consent to Face Grouping Feature:
The Face Grouping feature, as described above, may constitute the collection and use of “biometric information” under certain state laws. YOU AGREE that by enabling our Face Grouping feature, you are providing affirmative consent to such collection and use as may be required under any applicable state or federal law or regulation.
At all times, you are in control of the Face Grouping feature. You can enable or disable the Face grouping feature here: app.mediaviz.ai/settings. Your enabling the Face Grouping Feature shows your consent to this Privacy Policy and our Terms and Conditions.
SPECIFIC BIOMETRIC STATE LAW REQUIREMENTS
As a Platform for multimedia and imagery curation, Imaige allows you to upload photographs and to utilize our Face Grouping feature. To the extent there is a determination that photographs of the Face Grouping feature constitute the collection of biometric information, you agree that you have given your affirmative consent to Imaige’s collection of this data from you, or on behalf of others. Specifically:
FOR ILLINOIS RESIDENTS, you agree that by affirmatively enabling our Face Grouping feature you are providing informed consent and written release to the Face Grouping feature, as may be required by the Illinois Biometric Information Privacy Act.
FOR TEXAS or WASHINGTON RESIDENTS, you agree that by affirmatively enabling our Face Grouping feature you are providing informed consent to the Face Grouping feature, as may be required by the Texas Capture or Use of Biometric Identifier Law or Washington’s Biometric Identifiers law.
FOR NEW YORK or COLORADO RESIDENTS, you agree that by affirmatively enabling our Face Grouping feature you are providing informed consent to the Face Grouping feature, as may be required by Colorado Privacy Act (CPA) amended by HB 1130 or New York City Biometric law.
FOR ALL OTHERS, you agree that affirmatively enabling our Face Grouping feature you are providing affirmative consent to the collection of information that may constitute ‘sensitive personal information” under state privacy laws. As described above, we do not utilize the photographic or imagery content you provide to us or face models and numeric labels for any purposes other than to provide the services or goods you request or as otherwise permitted by law.
By enabling the Face Grouping feature, you also agree that you have obtained consent to use the feature from the other people who may appear in your photos or, if they are under the age of 18, from their parent or legal guardian.
You are not required to consent to our Face Grouping feature to use our image curation services.
In addition to disabling the Face Grouping Feature [here], you may also opt-out of the Face Grouping feature at any time by Contacting Us. If you choose to disable our Face Grouping feature, this could affect certain features of our Services.
Cookies and Other Tracking Technologies
We collect this Information directly and through the use of third parties by using certain technologies such as cookies, web beacons, and other technologies. Third-party service providers, advertisers, and/or partners may also view, edit, or set their own cookies or place web beacons to collect similar or identical information. The use of these technologies by such third parties is subject to their own privacy policies and is not covered by this Privacy Policy, except as required by law.
Cookies (or browser cookies)
A cookie is a small file placed on the hard drive of your computer. Most web browsers automatically accept cookies. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting, you may be unable to access certain parts of our website and Online Services. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our website and Online Services.
Web Beacons.
Pages of our website and Online Services may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
Analytics
Analytics are tools we use, such as Google Analytics, to help provide us with information about traffic to our website and use of our website, which Google may share with other services and websites who use the collected data to contextualize and personalize the ads of its own advertising network.
You can opt-out of having your activity on the website made available to Google Analytics by installing the Google Analytics opt-out browser add-on (https://tools.google.com/dlpage/gaoptout) for your web browser.
Mobile Application Technologies.
If you access our website or Online Services through a mobile device, we may automatically collect information about your device, your phone number, and your physical location. You may opt-out of tracking and receiving tailored advertisements on your mobile device by some mobile advertising companies and other similar entities by downloading the App Choices app at aboutads.info/appchoices.
Opting Out of Direct Marketing
We, or third-party service providers with whom we collaborate or contract with to perform services on our behalf, may deploy cookies and may use your Information to text, email, or contact or share with you information that we believe may be useful to you, such as information about products or services provided by or through us through permissible targeted advertisements or related to our Services. You affirmatively consent to receive these communications. To help exercise choices regarding the marketing information you receive, you may also review the following links:
- You may opt-out of tracking and receiving tailored advertisements on your mobile device by some mobile advertising companies and other similar entities by downloading the App Choices app at aboutads.info/appchoices.
- You may opt-out of receiving permissible targeted advertisements by using the NAI Opt-out tool available at http://optout.networkadvertising.org/?c=1 or visiting About Ads at http://optout.aboutads.info.
- You can opt-out of having your activity on our Online Services made available to Google Analytics by installing the Google Analytics opt-out add-on for your web browser by visiting: https://tools.google.com/dlpage/gaoptout for your web browser.
Information We May Receive from Third Parties
We may collect additional Information about you from others such as affiliates, other companies, third-party websites, and/or sources providing publicly available information (e.g., from the U.S. postal service) to help us provide services to you, help prevent fraud, and for marketing and advertising purposes.
We provide you with the ability to connect or login to your account with a third-party service (e.g., Google, Apple, Facebook). If you connect or login to your account with a third-party service, you give that third party permission to provide Information to us, such as your registration and profile information from that service. This information varies and is controlled by that service or as authorized by you via your private settings with that third-party service.
If you choose to upload to our Services photos from third-party services such as Google Photos, Apple Photos, or iCloud, we may collect Information from those third-parties services.
The Information we collect is covered by this Privacy Policy, and the Information the third-party website or Social Media Platform collects is subject to the third-party website or platform’s privacy practices. We encourage you to be aware when you leave our sites or applications and to read the privacy policies of other sites that may collect your Information.
HOW WE USE YOUR INFORMATION
Use and Purpose of Processing Your Information
We use and process your Information above for things that may include, but are not limited to, the following:
- To respond to your inquiries and provide you with requested information;
- To process your request for services;
- To provide you with our services or related information;
- For marketing and advertising purposes, including sending for third party targeted advertisement to you, or to send you promotional material or special offers on our behalf or on behalf of our marketing partners and/or their respective affiliates and subsidiaries and other third parties, and to evaluate the success of such advertisements or promotions, provided that you have not already opted-out of receiving such communications;
- To personalize your experience, such as tailoring the content and information made available to you and our support services;
- To manage, improve and foster relationships with third-party service providers, including vendors, suppliers, and parents, affiliates, subsidiaries, and business partners;
- Maintain, improve, customize, or administer our services, perform business analyses, or other internal purposes to improve the quality of our business, the Services, resolve technical problems, or improve security or develop other products and services;
- For customer service, support or other business purposes, including new and co-branded products and services and our Platform’s functionality;
- To prevent fraud and to maintain a quality experience for our business purposes or for legal reasons, including to filter for spam and communications that violate our agreements with you (for example our Terms of Use);
- To comply with our Terms & Conditions;
- To comply with any applicable laws and regulations and respond to lawful requests; and/or
- For any other purposes disclosed to you at the time we collect your Information
- Artificial Intelligence/Machine Learning (AI/ML). We may also use your information to improve our products and train our AI/ML models as described below: Train our AI/ML Models: We may use the information we collect from you and publicly available information to help train our machine learning or artificial intelligence models, which we use to help us predict user preferences, for example.
- Automated Analyses: We may review, scan or analyze your communications with us, including via our chat features and chatbots, for the business and commercial purposes set forth above, including in order to improve or expand our product and services or to train our customer service or other employees. We may use automated methods where reasonably possible. We will not review, scan, or analyze your messaging communications to send third-party marketing messages to you and we will not sell reviews or analyses of these communications.
Sharing Your Information
We may share your Information as disclosed at the time you provide your Information, as set forth in the Privacy Policy and in the following circumstances:
- Third-Party Service Providers. We may share your information with third-party service providers that perform certain business functions or services on our behalf (such as process your transactions, manage our databases, maintain your account, perform analyses, provide customer service, or send communications for us). These companies are authorized to use your personal Information only as necessary to provide these services to us.
- Disclosure of Customer Information for Legal and Administrative Reasons. We may disclose your Information when required by law or to comply with a court order, subpoena, search warrant or other legal process or as part of any internal or external audit, investigation or inquiry, or other legitimate business need. Federal and state securities regulators may review our Company records and your personal records as permitted by law.
- Information Shared with our Subsidiaries and Affiliates. We may share your Information with our subsidiaries and affiliates. “Affiliates” means any entity controlled by, controlling, or under common control with us. Our affiliates will use and distribute your information in accordance with the terms of this Privacy Policy. If you do not want us to share your Information with our subsidiaries and affiliates, please contact us via the Contact Us section.
- Business Transfers. Your Information may be transferred, sold or otherwise conveyed (“Conveyed”) to a third party where we: (i) merge with or are acquired by another business entity; (ii) sell all or substantially all of our assets; (iii) are adjudicated bankrupt; or (iv) are liquidated or otherwise reorganize. You consent to any and all such Conveyances of your Information.
- Online Communications. If you chose to share with us comments, post a review, participate in a survey, provide a testimonial, or other Information you consent and agree that we may make it available generally to the public and it will not be returned to you unless we receive such a request in writing from you and determine, in our sole discretion, to honor such request.
- With Your Consent. Except as provided in this Privacy Policy, we will not sell, rent, or license your Information we have collected to any third party without your consent and shall share your Information consistent with this Privacy Policy with your consent.
LINKS TO OTHER WEBSITES
Our Online Services may contain links to other websites or services that are not owned or controlled by us, including links to Social Media Platforms such as Facebook, Instagram, and Twitter (“Social Media Platforms”) or may redirect you off our Online Services to other websites for information, other services, or to receive special offers or for transactions or purchases. We are not responsible for the privacy and security practices of those websites or the information they may collect (which may include IP address). You should contact such third parties directly to determine their respective privacy policies. Links to any other party’s website or content do not constitute or imply an endorsement or recommendation by us of the linked website and/or content. We also have no control over websites that link to our Online Services.
INFORMATION SECURITY AND DATA RETENTION
We use commercially reasonable safeguards to provide our Online Services. However, you should assume that no data transmitted over the Internet or stored or maintained by us or our third-party service providers can be 100% secure. Therefore, although we believe the measures implemented by us reduce the likelihood of security problems to a level appropriate to the type of data involved, we do not promise or guarantee, and you should not expect, that your Information or private communications will always remain private or secure. We do not guarantee that your Information will not be misused by third parties. We are not responsible for the circumvention of any privacy settings or security features. You agree that we will not have any liability for misuse, access, acquisition, deletion, or disclosure of your Information.
You agree that you are responsible for maintaining the confidentiality of your username and password. You are responsible for all activities that occur under your username and password. If you believe that your Information has been accessed or acquired by an unauthorized person, or if you believe there is any other breach of security, you shall promptly Contact Us so that necessary measures can quickly be taken.
DATA RETENTION
We keep your Information only for as long as is necessary for the purposes set out in this Privacy Policy, unless a longer retention period is required or permitted by law (such as tax, accounting, or other legal requirements).
When we have no ongoing business need to process your Information, we will delete it, or, if that is not possible, then we will securely store that Information and isolate it from any further processing until deletion is possible.
CONSENT
By submitting your Information to us, you agree that we may collect, use, and disclose such Information as set forth in this Privacy Policy and as permitted or required by law. If you wish to withdraw consent, please see the Contact Us section below.
HOW WE WILL CONTACT YOU
You agree that we, our affiliates, and/or our third-party service providers with whom we collaborate and contract, may communicate with you via electronic messages, including email, text message, or mobile push notification to, for example, send you information relating to our products and services that we think may be of interest to you, communicate with you about offers, promotions, upcoming events, and other news about products and services offered by us.
To opt-out of receiving promotional communications, you may Contact Us at any time or use the “unsubscribe” link in emails.
YOUR CHOICES
By using our Services, you agree that we may contact you by email as set forth herein. If you do not want to receive marketing and promotional emails from us, you may click on the “unsubscribe” link in the email to unsubscribe and opt-out of marketing email communications or Contact Us.
Mobile Push Notifications
By using our Services, you agree that we may contact you by calling or sending messages to your mobile device. You may be able to use the settings on your mobile device to enable or turn off mobile push notifications from us or Contact Us.
Text Messages
When using our Services, there may be situations where you can elect to receive text messages. We will ask for your consent before we send any text messages to you. If at any time you no longer want to receive text messages from us, reply STOP (or as otherwise instructed) to the text message or Contact Us.
When using our Services, you may have the option to use third-party services such as photo printing services, who may use text messages to communicate with their users. We do not control such third-party services or any text messages that they may send. If you elect to use third-party services, you agree to those third parties’ own terms of service and privacy policies, which may include provisions regarding text messaging.
Location Choices
You may be able to change the privacy settings of your mobile device at any time to turn off the sharing of location information with our Online Services. If you choose to turn off location services, this could affect certain features or services of our Online Services. If you have specific questions about the privacy settings of your device, we suggest you contact the manufacturer of your device or your mobile service provider for help.
IACCESSING, CORRECTING OR DELETING YOUR INFORMATION
Upon request (as set forth below) and subject to certain exceptions and limitations, we will inform you of the existence, use and disclosure of your Information and will provide you access to that Information.
We encourage you to review, update, and correct Information that we maintain about you, and you may request that we delete Information about you that is inaccurate, incomplete, or irrelevant. We may not be able to accommodate your request, or we may not accommodate a request if we believe the change would violate applicable law.
To request that you access, correct, or delete your Information, contact us at:
Email: [email protected] or [email protected]
Mail: IMAIGE, Inc,
P.O. Box 22700
San Diego, CA 92122
Call: 619.212.0244
The requests above will be considered and responded to in the time-period stated by applicable law. Note, certain Information may be exempt from such requests. We may require additional information from you to confirm your identity in responding to such requests. You have the right to lodge a complaint with the supervisory authorities applicable to you and your situation, although we invite you to contact us with any concern as we would be happy to try and resolve it directly.
CHILDREN’S INFORMATION
Our Services are intended only for users over the age of thirteen (13). By using our Services, you agree that you are thirteen (13) years or older. If we have actual knowledge that a user is under thirteen (13) (or a higher age threshold where applicable) and has provided us with Information, we will take steps to comply with any applicable legal requirement to remove such Information. Contact us if you believe that we have mistakenly or unintentionally collected Information from a child under the age of thirteen (13).
YOUR STATE DATA PRIVACY RIGHTS
If you reside in a state that has a state privacy law, this section may apply to you. Depending on your state, you may have (and we will honor to the extent applicable) the following data subject rights:
| Limit Use and/or Disclosure of Sensitive Personal Information | Certain categories of personal information that we collect and use might be “sensitive” under data privacy laws. Consistent with applicable law, you may limit certain uses or disclosures of your sensitive personal information and may exercise this right by using the form linked here. |
| Right to Access | Consistent with applicable law, you may submit a verifiable consumer request to access, in a portable and (if technically feasible) readily-usable form, the personal information that we have collected about you as well as more information about our data practices. For more information about how we collect, use, and disclose personal information for business purposes, please review our Privacy Policy. |
| Right to Correct | Consistent with applicable law, you may submit a verifiable consumer request to correct inaccuracies in your personal information held by Imaige. |
| Right to Delete | Consistent with applicable law, you may submit a verifiable consumer request to delete your personal information. |
| Sale and Sharing of Data | We do not sell personal information to third parties; we are not data brokers and do not put personal information on the open market. We do not knowingly sell or share the personal information of individuals who are younger than 17. We do allow third parties to collect personal information through the Imaige Platform and share personal information with third parties for the business purposes described in the Privacy Policy including, without limitation, advertising and marketing on the Imaige Platform and elsewhere based on users’ online activities over time and across Imaige, services, and devices. Consistent with applicable law, you may request to opt out of such processing by using the form linked here. |
| Right of Non-Discrimination | We will not discriminate against you for exercising your rights and choices, although some of the functionality and features available on the service may change or no longer be available to you. Any differences in the services are related to the information provided. |
| Data Retention | We retain personal information for as long as needed or permitted in light of the purpose(s) for which it was collected. The criteria used to determine our retention periods include:
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| De-Identification | Consistent with applicable law, we may maintain and use anonymized information in de-identified form and not to attempt to re-identify the information, except that we may attempt to re-identify the information solely for the purpose of determining whether its de-identification processes satisfy the requirements of the California Privacy Rights Act. |
| Appeal of Consumer Rights Requests | To appeal a refusal to take action on your request, please see the instructions in our response to your request or submit your appeal in writing by contacting [email protected] or [email protected] with the subject “Appeal of Consumer Rights Request.” |
| Use of Opt-Out Signals | We do not sell personal information. However, we do process personal information for purposes of displaying advertisements that are selected based on users’ online activities over time and across different sites, services, and devices. We also engage in automated processing that could affect you. Consistent with applicable law, you may opt out of such processing by using the form linked here. |
| Right to Opt-Out for the Purposes of Profiling for Decisions That Produce Legal or Similarly Significant Effects | Consistent with applicable law, you may have the right to opt-out of processing of personal information for purposes of profiling in furtherance of decisions that produce legal or similarly significant effects. To exercise any right you may have, please click here. |
Categories of Personal Information We Collect and Our Purposes for Collection and Use.
You can find a list of the categories of personal information that we collect in the “Personal Information We Collect” Section of our Privacy Policy. The categories of information we collect are name, email, and company name.
NOTICE OF FINANCIAL INCENTIVE DISCLOSURE
We offer our customers a loyalty program that provides certain perks, such as rewards and exclusive offers. We may also provide other programs, such as sweepstakes, contest, or other similar promotional campaigns (collectively, the “Programs”). When you sign up for one of these Programs, we typically ask you to provide your name and contact information (such as email address and/or telephone number). Because our Programs involve the collection of personal information and offering of certain benefits, they might be interpreted as a “financial incentive” program under California law. Under the California law, the value of your personal information to us is related to the value of the free or discounted products or services, or other benefits that you obtain or that are provided as part of the applicable Program, less the expense related to offering those products, services, and benefits to Program participants.
You may withdraw from participating in a Program at any time by contacting us using the designated method set forth in the applicable Program rules or by emailing us at [email protected] or [email protected]
RIGHT TO OPT OUT
In general, we do not sell your information as the term “sale” is commonly understood. However, some sharing of information with third parties may constitute a “sale” under state privacy laws, for example with third parties who are not our service providers (as those terms are defined under the California Consumer Privacy Act and the California Privacy Rights Act, or “CCPA” for short in this Policy).
You may have the right to opt out of the “sale” of your information as that term is defined under state privacy laws. To exercise this right, click the Do Not Sell/Share My Information link on the bottom of the webpage where your information is being collected or visit your profile on app.mediaviz.ai/settings and click the “Do Not Sell/Share My Information” link there.
How Can You Control Your Data and/or Effectuate Your Privacy Rights?
We provide you with a variety of ways to control the personal information we hold about you, including choices on how we use that information.
- Account Settings. You may access, modify or delete your account, update your subscriptions and email newsletters associated with that account here: https://app.mediaviz.ai/settings
- Communication Preferences. You can unsubscribe from email, mail, telephone and text message communications from us. To do so, call @imaus at +1 (619) 212 0244, email us at [email protected] or [email protected] or chat with us.
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- For email requests, it may take up to ten days for us to process your requests. For requests related to telephone calls, text messages, mobile service notifications it may take up to 30 days. If you adjust your postal mail preferences, it may take six to ten weeks before you stop receiving mail because postal mailings are prepared many weeks in advance.
- Regardless of your marketing communication preferences, we may still contact you for transactional or informational purposes, such as customer service, reminder or service notices, recalls, or information regarding your subscription or order(s).
- Opt-Out of Targeted Advertising. We may use your information for targeted advertising purposes, as described in Section II, above. To opt-out of targeted advertising or manage your preferences, click the “YOUR PRIVACY CHOICES” link at the bottom of our website or click here.
- Cookie Controls. Most web browsers are set to accept cookies by default. If you prefer, you can go to your browser settings to learn how to delete or reject cookies. If you choose to delete or reject cookies, this could affect certain features or services of our websites. If you choose to delete cookies, settings and preferences controlled by those cookies, including third party targeted advertising preferences, may be deleted and may need to be recreated. For more information, read our Cookies Policy or click the “YOUR PRIVACY CHOICES” link at the bottom of our website.
- Global Privacy Settings. Some browsers and browser extensions support the Global Privacy Control (“GPC”) that can send a signal to the websites you visit indicating your choice to opt-out from certain types of data processing, including data sales. When we detect such a signal, we will make reasonable efforts to respect your choices indicated by a GPC setting as required by applicable law.
- Access, Correct, Delete or Restrict Processing of Your Information. In some jurisdictions, you may have the right to access, modify or delete the personal information that we have about you. To exercise any of the rights described above, please submit a verifiable consumer request to us by either:
- Emailing us at: [email protected] or [email protected] ; or
- Calling us at: 619.212.0244
- You may only make a verifiable consumer request for access or data portability twice within a twelve (12) month period.
- State-Specific Privacy Rights. If you reside in a state with a state privacy law, you may have additional privacy rights. Our State Privacy Rights section to this Privacy Policy includes instructions on how you may exercise those rights.
- Verification & Authorized Agents. You may use an authorized agent to submit verifiable consumer requests on your behalf. An authorized agent is a natural person or a business entity that you have authorized to act on your behalf. We will take reasonable steps to verify your identity and requests, including by verifying your account information, residency or the email address you provide. If you are an authorized agent submitting a request on behalf of another individual, we may require proof of your written authorization before processing the request. We may deny a request from an authorized agent that does not submit proper verification proof.
- Exempt Information. Certain information may be exempt from such requests under applicable law such as information we retain for legal compliance and to secure our Services. We may need certain information in order to provide the Products or Services to you; if you ask us to delete it, you may no longer be able to obtain the Products or use the Services.
- Non-Discrimination. You will not receive discriminatory treatment by use of the exercise of any of your privacy rights described herein.
Verifying Deletion and Access Requests
To help protect your privacy and maintain security, if you request access to or deletion of your Information, we will take steps and may require you to provide certain information to verify your identity before granting you access to your Information or complying with your request. In addition, if you ask us to provide you with specific pieces of Information, we may require you to sign a declaration under penalty of perjury that you are the consumer whose Information is the subject of the request. If you designate an authorized agent to make a request on your behalf, we may require you to provide the authorized agent written permission to do so and to verify your own identity directly with us (as described above).
Other Important Legal Terms: Legal Consent, Liability, and Indemnification.
The terms in this Privacy Policy and in our Terms of Use have legal importance and may be used by us in a legal proceeding, including to restrict certain claims by you or to limit your rights.
Specifically:
- Video Viewing Behavior: As described elsewhere in this privacy policy and for purposes of clarity, your video viewing activity, including information as to whether you requested or obtained specific video materials or services, may be collected and shared by Imaige with third parties, including, without limitation, service providers with whom we partner to provide our Products to you, as well as our advertising, social media and other business partners. By using our Products where videos are displayed, you consent to the collection and sharing with third parties of your video viewing activity, if any, with each such consent being valid for two years from the date of such use or until you withdraw your consent by emailing [email protected] or [email protected] .
- Chat Bots: As described above, you may engage with us via chat functions on our websites, including automated chat bots. By using the Website and engaging with the chatbot or chat function, you consent to the recording and use of information about you and the chat session or any authorized service provider acting solely on our behalf. You further agree that we may use or disclose the information you provide via the chatbot or chat function in accordance with this Privacy Policy. If you do not consent to these terms, you should not use the chatbot or chat functionality. Your continued interaction with, or submission of information to, any chat feature will be deemed your acceptance of this provision.
- Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL WE OR OUR SUBSIDIARIES, PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM OUR USE OF PERSONAL INFORMATION, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES, AND THE MAXIMUM AMOUNT OF DAMAGES FOR WHICH WE WILL BE LIABLE UNDER THIS AGREEMENT WILL BE THE GREATER OF THE FEES YOU PAID FOR ANY PRODUCT IN CONNECTION WITH WHICH YOU PROVIDED YOUR PERSONAL INFORMATION, OR $100. (BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARIES, PARENT COMPANIES AND AFFILIATES, IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, THREATENING, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF OUR PRODUCTS.
- Indemnification. You agree to indemnify and hold harmless us, our affiliates, and each of our and their respective directors, officers, managers, employees, shareholders, agents, representatives, and licensors, from and against any and all losses, expenses, damages and costs, including reasonable attorneys’ fees, that arise out of your provision of any inaccurate or unauthorized Personal Information to us or your violation of this Agreement or any rights of another. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this section. In such event, you agree to provide us with such cooperation as is reasonably requested by us.
- Choice of Law. This Agreement will be governed by and construed in accordance with the laws of the State of Delaware without giving effect to any principles of conflicts of law.
- Statute of Limitations for All Claims. You agree that regardless of any statute or law to the contrary or providing for a longer period, any claim or cause of action that you may have arising out of or related to use of the Products or this Agreement must be filed by you within one year after such claim or cause of action arose or be forever barred.
I. WAIVER OF CLASS ACTION CLAIMS.
This is an important section that limits your right to bring a class action against us. You and Imaige agree that each party may bring disputes against the other party only in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, including, without limitation, a federal or state class action lawsuit. However, nothing in this section limits your right or Imaige’s right to bring a lawsuit against each other as an individual plaintiff. This provision applies to the maximum extent permitted by applicable law to all claims that arise under, in connection with, or relate to this Privacy Policy or the Personal Information you provide to us (whether your own or any other Personal Information you provide), Personal Information that is automatically collected by us and/or obtained by us from third parties; that arose under, in connection with, or relate to any previous privacy policy in effect or that otherwise arose before these terms went into effect; or that may arise in connection with or after or otherwise relate to your Personal Information (or any other Personal Information you provide to us) after termination of any business relationship we may have with you, including cancellation or deletion of your accounts if applicable.
II. ACCESSIBILITY
If you experience any difficulty in accessing any part of this Website or this Policy please contact us at [email protected] or [email protected]
III. How Are Changes to this Privacy Policy Communicated?
We may amend this Privacy Policy at our discretion and at any time. When we make changes to this Privacy Policy, we will post the updated notice on our Products and update the notice’s “Last Updated” date. Where permitted by applicable law, after we post any changes on this page, your continued use of our Website and/or Services following the posting of changes constitutes your acceptance of such changes.
IV. How Can You Contact Us?
If you have any questions or comments about this Privacy Policy, the ways in which we collect and use your Personal Information described here, your choices and rights regarding such use, or you wish to exercise your rights, please contact us as provided below.
Email: [email protected] or [email protected]
Call us: 619-212-0244
Write us: IMAIGE, Inc.
P.O. Box 22700
San Diego, CA 92122