IMAIGE PRIVACY POLICY

Last Modified: March 1, 2022

1. INTRODUCTION.
Imaige, Inc. (“Company,” “we,” or “us”) respects your privacy and we are committed to protecting it through our compliance with this policy.

This policy describes the types of information we may collect from you or that you may provide when you visit our websites, including https://photofetcher.com, https://imaige.com, https://www.aices.com, or any of our mobile applications, including Photofetcher (collectively, our “Site”), and our practices for collecting, using, maintaining, protecting, and disclosing that information. 

This policy applies to information we collect: 

  • on any Site; 
  • in electronic messages between you and this Site; 
  • when you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy; and 
  • when Company or its employees interact with you on social media. 

It does not apply to information collected by: 

  • us offline or through any other means, including on any other website operated by Company or any third party (including our affiliates and subsidiaries, unless otherwise provided); or 
  • any third party (including our affiliates and subsidiaries, unless otherwise provided), including through any application or content (including advertising) that may link to or be accessible from or on the Site.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, do not use our Site or sign up for any of our services. By accessing our Site, you agree to this policy. This policy may change from time to time. Your continued use of the Site after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

If you are a California resident, please review Section 16 (Your California Privacy Rights) below, for important information about how we collect, use and disclose personal information about California residents and your rights under the California Consumer Privacy Act.

If you are a European resident, please review the Section 17 (Your European Privacy Rights) below.

2. INFORMATION WE COLLECT ABOUT YOU.
We collect several types of information from and about users of our Sites, including information: 

  • by which you may be personally identified, such as name, postal address, e-mail address, telephone number, or any other identifier by which you may be contacted online or offline, or information that relates to, describes, is reasonable capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household (“personal information”); 
  • that is about you but individually does not identify you; and/or 
  • about your internet connection, the equipment you use to access our Sites and usage details. 

3. HOW WE COLLECT YOUR PERSONAL INFORMATION.
We collect most of this personal information directly from you when you provide it to us. However, we may also collect information automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies.

3.1. Information You Provide to Us. The personal information we collect on or through our Site may include:

  • Information that you provide us filling in forms on our Site. This includes information provided at the time of registering for an account on our Site, purchasing services, subscribing to updates, or requesting further services. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with our Site.
  • Information you allow us to access and/or upload to our Sites, including your photos.
  • Records and copies of your correspondence (including email addresses and phone number), if you contact us.
  • Your responses to surveys that we might ask you to complete for research purposes.
  • Details of transactions you carry out through our Site, including the purchase of any services
  • Your search queries on our Sites.

3.2. Information We Collect Through Automatic Data Collection Technologies. As you navigate through and interact with our Sites and our services, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

  • Details of your visits to our Site, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Site.
  • Information about your computer and internet connection, including your IP address, operating system, and browser type.
  • Biometric markers and identifiers in photo and image data.

The information we collect automatically is statistical data and may include personal information, or we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Site and to deliver a better and more personalized service, including by enabling us to: estimate our audience size and usage patterns, store information about your preferences, allowing us to customize our Site according to your individual interests, speed up your searches, and recognize you when you return to our Site.

The technologies we use for this automatic data collection may include:

  • Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. 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 Site. 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 Site.
  • Flash Cookies. Certain features of our Site may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Site. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Choices About How We Use and Disclose Your Information.
  • Web Beacons. Pages of the Site and our e-mails 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 or opened an email] and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
  • Log Files. Most browsers collect certain information, such as your IP address, device type, screen resolution, operating system version, and internet browser type and version. This information is gathered automatically and stored in log files.
  • Third-Party Analytics. We also use automated devices and applications, such as Google Analytics to evaluate the use of our Sites and services. We use these tools to gather non-personal data about users to help us improve our services and user experiences. These analytics providers may use cookies and other technologies to perform their services and may combine the information they collect about you on our Sites with other information they have collected for their own purposes. This policy does not cover such uses of data by third parties. 
  • Biometric and Visual Pattern Recognition: By submitting or posting Content in portions of the Services and Sites or using the Sites and Services you consent to the use of biometric measurement technologies that use personally identifiable data in their processes on your content and you consent that the information gained can be used to by the system to aid in the Services provided. Biometric data is not stored long-term nor sold to third parties.

4. USE OF PERSONAL INFORMATION.
We use the personal information we collect from you to provide you access to our Sites, provide you with our services, improve our services, respond to your request or inquiry, and in the ordinary course of conducting our business. Generally, we use the personal information that we collect as follows:

  • Providing our Services. To operate our Sites, provide our services, communicate with you about your use of the Sites or services, provide troubleshooting and technical support, respond to your inquiries, fulfill your requests, communicate with you, and for similar service and support purposes.
  • Responding to your Requests. To provide you with information, products, or services that you request from us.
  • Personalization. To tailor content we may send or display to you, including to offer location customization and personalized help and instructions on our Sites, and to otherwise personalize your experiences.
  • Communicate with You. To respond to communications, reach out to you about your transactions or account, market our products and services, provide other relevant information, or request information or feedback. From time to time, we may use your personal data to send important notices, such as communications about purchases and changes to our terms, conditions, and policies. Because this information is important to your interaction with us, you may not opt out of receiving these important notices. 
  • Security and Fraud Prevention. To protect individuals, employees, and the Company and for loss prevention and to prevent fraud, including to protect individuals, employees, and the Company for the benefit of all our users, and prescreening or scanning uploaded content for potentially illegal content, including child sexual exploitation material.
  • General Business Operations. Where necessary, for the administration of our general business, accounting, recordkeeping, audit, and compliance functions.
  • Analytics and improvement. To better understand how users access and use our Sites and other services, and for other research and analytical purposes, such as to evaluate and improve our services and business operations and to develop services and features.
  • Comply with Law. To comply with applicable law — for example, to satisfy tax or reporting obligations, or to comply with a lawful governmental request.
  • Anonymous and De-identified Information. We create and use anonymous and de-identified information to assess, improve and develop our business, products and services, and for similar research and analytics purposes.

5. WHO WE SHARE YOUR PERSONAL INFORMATION WITH.
We may share personal information with:

  • Our affiliates.
  • Service providers we use to help deliver our products and/or services to you, such as payment service providers.
  • Other third parties we use to help us run our business, such as marketing agencies or website hosts.
  • Third parties approved by you, including social media sites you choose to link your account to or third-party payment providers.
  • Our insurers and brokers.
  • Our advisers, such as lawyers and accountants.

In addition, we may disclose personal information to other third parties under the following circumstances:

  • Business Transfers. As part of any actual or potential merger, sale and transfer of our assets, acquisition or restructuring of all or part of our business, bankruptcy, or similar event, including related to due diligence conducted prior to such event where permitted by law.
  • Comply with Law. We may disclose and exchange information with law enforcement agencies and regulatory bodies to comply with our legal and regulatory obligations.
  • Performance of Services. To the extent required or necessary for our provision of services.
  • Protect and Defend Rights. Where we believe it necessary to respond to claims asserted against us, enforce or administer our agreements and terms, or for fraud prevention, risk assessment and investigation, and to protect and defend the rights, property or safety of the Company, our clients and customers, or others.

We may also share aggregate or de-identified information with third parties for research, marketing, analytics and other purposes, provided such information does not identify a particular individual

6. HOW LONG YOUR PERSONAL INFORMATION WILL BE KEPT.
We will keep your personal information while you have an account with us or while we are providing products and services to you. Thereafter, we will keep your personal information for as long as is necessary:

  • To respond to any questions, complaints or claims made by you or on your behalf;
  • To show that we treated you fairly; or
  • To keep records required by law.

We will not retain your personal information for longer than necessary for the purposes set out in this policy. Different retention periods apply for different types of personal information.

7. THIRD-PARTY USE OF COOKIES AND OTHER TRACKING TECHNOLOGIES.
Some content or applications, including advertisements, on the Site are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Site. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content. We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

8. PROMOTIONAL COMMUNICATIONS.
We may use your personal information to send you updates (by email, text message, telephone, or post) about our products and/or services, including exclusive offers, promotions or new products and/or services.

We have a legitimate interest in processing your personal information for promotional purposes. This means we do not usually need your consent to send you promotional communications. However, where consent is needed, we will ask for this consent separately and clearly.

We will always treat your personal information with the utmost respect and never sell or share it with other organizations or marketing purposes.

  • You have the right to opt out of receiving promotional communications at any time by:
    Contacting us at yourdata@imaige.com; or
  • Using the “unsubscribe” link in emails.

We may ask you to confirm or update your marketing preferences if you instruct us to provide further products and/or services in the future, or if there are changes in the law, regulation, or the structure of our business.

9. CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR INFORMATION.
We strive to provide you with choices regarding the personal information you provide to us. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.

We do not control third parties’ collection or use of your information to serve interest-based advertising. However, third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website.

10. ACCESSING AND CORRECTING YOUR INFORMATION
You can review and change your personal information by logging into the Site and visiting your account profile page. 

You may also send us an email at yourdata@imaige.com to request access to, correct or delete any personal information that you have provided to us. We may not be able to delete certain personal information without also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

11. DATA SECURITY.
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Site, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Site like message boards. The information you share in public areas may be viewed by any user of the Site. Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Site. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site.

12. USERS UNDER THE AGE OF 18.
The Site is not intended for those under 18 years of age, and we do not knowingly collect personal information from persons under 18. If a child under 18 submits personal information to us and we learn that the personal information is of a child under 18, we will delete that information.  If you believe we might have any information from or about a child under 18, please contact us at yourdata@imaige.com. 

13. HOW TO EXERCISE YOUR RIGHTS.
If you would like to exercise any of your rights as described in this policy, please:

Email us at: yourdata@imaige.com; or

Write to us at: IMAIGE Inc., P.O. Box 22700, San Diego CA 92122

Please note that you may only make a CCPA-related data access or data portability disclosure request twice within a 12-month period.

If you choose to contact directly by through email or writing, you will need to provide us with:

  • Enough information to identify you (e.g., your full name, address, and registered company name);
  • Proof of your identity and address (e.g., a copy of your driving license or passport and a recent utility or credit card bill); and
  • A description of what right you want to exercise and the information to which your request relates.

We are not obligated to make a data access or data portability disclosure if we cannot verify that the person making the request is the person about whom we collected information, or is someone authorized to act on such person’s behalf.

Any personal information we collect from you to verify your identity in connection with you request will be used solely for the purposes of verification.

14. CHANGES TO OUR PRIVACY POLICY.
We reserve the right to revise this policy or any part of it from time to time. If we make material changes to how we treat our users’ personal information, we will notify you by email to the email address specified in your account or through a notice on the Site home page. The date this policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Site and this policy to check for any changes.

15. CONTACT US.
To ask questions or comment about this policy and our privacy practices, contact us at:

Email: yourdata@imaige.com

Address: IMAIGE Inc., P.O. Box 22700, San Diego CA 92122

16. YOUR CALIFORNIA PRIVACY RIGHTS.
In this section, we provide additional information to California residents, as required under California privacy laws, including the California Consumer Privacy Act (“CCPA”). This section does not apply to publicly available information lawfully made available by state or federal government records, deidentified information, aggregate consumer information, or other personal information that is exempt under the CCPA.

While our collection, use and disclosure of personal information varies based upon our relationship and interactions with you, in this section we describe, generally, how we have collected and disclosed personal information about California residents in the prior 12 months (from the Last Updated date above), and the rights California residents have under the CCPA regarding this personal information.

  • Categories of Personal Information that we Collect and Disclose. 

Below identifies the categories of personal information (as defined under the CCPA) that we have collected about consumers in the prior 12 months, as well as how we have disclosed such information for a business purpose (subject to our applicable legal and ethical obligations). For more information about the business and commercial purposes for which we collect, use and disclose personal information, please see Section 4 (Use of Personal Information) and Section 5 (Who we Share your Personal Information With) above.

Personal Information Collected – Disclosed for Business Purpose Statuses

Identifiers – Includes direct identifiers such as a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, or other similar identifiers.  These have not been shared in the last 12 months with Service providers and Affiliates. These may have been shared in the last 12 months with Service providers and Affiliates.

Customer Records – Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)) such as a name, signature, address, telephone number, billing and payment information, and other information that individuals provide us to use our services. These have not been shared in the last 12 months with Service providers and Affiliates. These may have been shared in the last 12 months with Service providers and Affiliates.

Protected Classifications – Characteristics of protected classifications under California or federal law, such as age and gender, that individuals provide us. These have not been shared in the last 12 months with Service providers and Affiliates.

Commercial Information – Records of products or services purchased, obtained, or considered, and other purchasing or consuming histories or tendencies. These have not been shared in the last 12 months with Service providers and Affiliates. These may have been shared in the last 12 months with Service providers and Affiliates.

Usage Data – Internet or other similar network activity information, including browsing history, search history, and information regarding a consumer’s interaction with our Sites and services. These have not been shared in the last 12 months with Service providers and Affiliates. These may have been shared in the last 12 months with Service providers and Affiliates.

Geolocation data – Location information from your device or IP address. These have not been shared in the last 12 months with Service providers and Affiliates. These may have been shared in the last 12 months with Service providers and Affiliates.

Sensory data – Audio, electronic, visual, thermal, olfactory, or olfactory, or similar information, including photographs and images that you provide us. These have not been shared in the last 12 months with Service providers and Affiliates. These may have been shared in the last 12 months with Service providers and Affiliates.

Inferences – Inferences drawn from any of the information identified above to create a profile about a consumer reflecting the consumer’s preferences, and other characteristics. These have not been shared in the last 12 months with Service providers and Affiliates. These may have been shared in the last 12 months with Service providers and Affiliates.

In addition to the above, we may disclose the personal information that we collect to others, as necessary to comply with applicable laws or our legal obligations. We do not sell personal information about California residents, including those we have actual knowledge are younger than 16.

  • Categories of Sources of the Personal Information that we may Collect

As described in the Information we Collect section above, we may collect personal information directly from individuals, as well as from third parties:

    • Service providers: includes vendors, service providers, and content providers, as well as our professional advisors (such as lawyers and accountants) and our insurers.
    • Affiliates
  • CCPA Rights
    In general, California residents have the following rights with respect to their personal information:
  • Right to know: with respect to the personal information we have collected about them in the prior 12 months, to require that we disclose the following to them (up to twice per year and subject to certain exemptions):
    • categories of personal information collected
    • categories of sources of personal information
    • categories of personal information about them we have disclosed for a business purpose or sold
    • categories of third parties to whom we have sold or disclosed for a business purpose their personal information
    • the business or commercial purposes for collecting or selling their personal information
    • a copy of the specific pieces of personal information we have collected about them
    • Do-not-sell (opt-out): to opt-out of our sale of their personal information. We do not sell personal information about California consumers, including those we have actual knowledge are younger than 16.
    • Right of deletion: to request deletion of their personal information that we have collected about them and to have such personal information deleted (without charge), subject to certain exceptions.
    • Right to non-discrimination: the right not to be subject to discriminatory treatment for exercising their rights under the CCPA
  • Submitting CCPA Requests

California residents may submit CCPA requests to know (access) and requests to delete their personal information through one of the following methods:

  • Online by emailing yourdata@imaige.com
  • By mailing a written request to: IMAIGE Inc., P.O. Box 22700, San Diego CA 92122

When you submit a request to know or a request to delete, we will take steps to verify your request by matching the information provided by you with the information we have in our records. You must provide your name and contact information to verify your request. In some cases, we may request additional information in order to verify your request or where necessary to process your request. If we are unable to adequately verify a request, we will notify the requestor. Authorized agents may initiate a request on behalf of another individual by contacting us by email at the above link; authorized agents will be required to provide proof of their authorization and we may also require that the relevant consumer directly verify their identity and the authority of the authorized agent

  • Shine the Light Law

We may disclose your personal information to our affiliates or other related third parties for their use in marketing to you. Pursuant to California’s “Shine the Light Act,” California residents are permitted to request information about the manner in which we share certain categories of information with third parties for their marketing use. Please send an email to yourdata@imaige.com to request a copy of our disclosure pursuant to California law.

We will provide the required information to your email address in response. Please be aware that not all information sharing is covered by the “Shine the Light” requirements and only information on covered sharing will be included in our response.

17. YOUR EUROPEAN PRIVACY RIGHTS.
If you are a European resident, under European data protection law, in certain circumstance, you have the right to:

  • Request access to any personal information we hold about you as well as related information, including the purposes for processing the personal information, the recipients or categories of recipients with whom the personal information has been shared, where possible, the period for which the personal information will be stored, the source of the personal information, and the existence of any automated decision making.
  • Obtain without undue delay the rectification of any inaccurate personal information we hold about you.
  • Request that personal information held about you is deleted.
  • Prevent or restrict processing of your personal information.
  • Request transfer of personal information directly to a third party where this is technically feasible.

Also, where you believe that we have not complied with its obligation under this policy or European law, you have the right to make a complaint to an EU Data Protection Authority, such as the UK Information Commissioner’s Office.

You can exercise any of these rights by contacting us at yourdata@imaige.com or writing to us at IMAIGE Inc., P.O. Box 22700, San Diego CA 92122.

For further information on each of the rights outlined above, including the circumstances in which they apply, see the guidance from the UK Information Commissioner’s Office (ICO) on individual rights under the General Data Protection Regulation.

For more information about our privacy practices, you may contact us as set forth in Section 15 (Contact US) above.