PRIVACY POLICY

This website and products are owned and operated by Plotagraph, Inc. (“Plotagraph”). Plotagraph may update this Policy from time to time, so please check back if you are a regular visitor. We will post any Privacy Policy changes here and, if the changes are significant, we will provide you with a more prominent notice such as an email notification. If we change this Privacy Policy in a way that will affect how we use your personal data, we will advise you of the choices you may have as a result of those changes. We will also keep prior versions of this Privacy Policy in an archive for your review. Because of the nature of our website and products it is important that you read and understand the operation and use of our privacy policy and how it affects you.

Your use and access to this website is subject to the following terms and conditions and all applicable laws. By viewing or using this website, you agree to be bound by these terms, conditions, and laws. If you do not agree with any provision in this Privacy Policy and the Terms of Use, please do not use this website.

Plotagraph, Inc. acts as the data controller for the processing of your personal data collected on the www.plotaverseapps.com website (the “Website”), any version of the Plotagraph software, including the looping photograph platform “Plotaverse” (the “Software”) and the corresponding mobile application (the “Application”). Plotagraph makes every effort to preserve your absolute privacy when you visit the Website or use Software or the Application. To become a member of Plotaverse, you must accept our privacy policy (the “Privacy Policy”), which is designed to tell you how Plotagraph collects and processes information that may identify you (personal data) when you visit the Website, use the Software or Application, sign in as a user, buy products or services, or interact with us in other ways. We may show you other privacy notices when we collect or share certain of your personal data and this Privacy Policy is in addition to those. We ask that you take a moment to read this Privacy Policy carefully and become aware of its content. If you have any questions, you are welcome to contact us by using the contact information provided at the end of this Privacy Policy.

Please note that our Website may contain links to and from websites that can be held by our network partners, advertisers and affiliates. If you follow a link to any of these websites or use third party services, you should be aware that they have their own privacy policies and that we do not assume any liability for their processing of your personal data. Therefore, please make sure to read their privacy policies before providing your personal data to them.

Please note that Plotagraph is not responsible for the information or content you provide or make available to us, and you must ensure that they do not contain material that is obscene, defamatory, or infringing on any rights, including privacy rights, of any third party. You shall be solely responsible for all content you provide, including for obtaining any necessary consents from such third parties prior to providing content to us.

What information we collect from you

Information and Content You Provide

We collect the content, communications and other information you provide when you use our Website, Software or Application, when you register for an account, create or share content, and communicate with us or with others. This may include information in or about the content you provide to our Website, Application and Software (such as images, texts, videos, as well as image metadata), your email address, username and your password that you give to us when you register on our Website or Application, as well as your date of birth which is necessary in order to verify that you are over 16 years old. Such profile data may include also information you give us in connection with purchases or orders made by you, your interests, preferences, feedback or survey responses, as well as any information provided by you when you report a problem with our Website, Software or Application or when you request additional services. We may collect information such as name and email address of parents and guardians for the purpose of obtaining parental consent when applicable. Profile data you enter in your account profile, including your username, content, as well as comments, reviews and feedback may be shown to other users and visitors to facilitate the development of our Software and the user interaction on our Website and Application. We do not disclose email addresses and birth dates to other users.

User Generated Personal Data

We may automatically receive and record information from your device or web browser when you interact with our Website or Application, for example your internet protocol (IP) address, mobile device ID, time zone setting, location data, language preference, operating system, web-browser software, platform, and information about how your devices have interacted with Plotagraph’s online properties, such as the pages accessed and other statistical information, links you have clicked on or shared with others, including through email and social media. We may use this information to collect data about your activities on our Website or Application and on third-party sites, apps and platforms. We may associate information that indirectly identifies you with your user account and other information we have collected about you. When you browse our Website or use the Application, we may collect information on your browsing session and details of your visits, including but not limited to data traffic and other communication data and the resources to which you have access. We may collect information about how you use our Website, Software or Application, such as the types of content you view or engage with, the features you use, the actions you take, the other users you interact with, and the time, frequency and duration of your activities.

We may also collect other information regarding your use of our Website through cookies and other similar technologies. You can find out more about this in our Cookies Policy.

Marketing and Communications Data

This may include information about your subscriptions to marketing communications, newsletters and your marketing preferences.

Transaction and Financial Data

We may collect or receive transactional and financial information relating to you when you buy something through our Website or Application (for example payment details). However, we do not have access to information related to your credit card and / or its identification.

Personal Data Obtained From Third Parties

We may supplement the information that we collect from you with information that we receive from third parties and through your use of websites, products or services of other partners. This may include information we receive from content providers regarding, for example, your use of our Website or Application so that we can personalize your service and recommend content that you might like. It can also include information from third parties that collect consumer information including demographic and interest data. We may then combine this information with your personal data to help us predict your preferences, to direct marketing offers that might be more relevant to you, and to help us better analyze customer information for business modeling purposes.

Aggregated Data

We aggregate personal data we collect, such as the number and frequency of your visits to our Website or Application, to produce metrics and statistical information. We may share this data with third parties.

We may share aggregated, anonymized, information with our ad partners and service providers so that we, and they, can understand how people use our Website or Application and help us improve and develop our Software and Application. These third parties may share with us information about you that they have independently developed or acquired. Such aggregated data does not include personal data and cannot be linked to you. If we combine or connect aggregated data with any personal data, we shall treat the combined data as personal data and deal with it in accordance with this Privacy Policy.

How We Collect Your Data

You may give us your personal data directly, for example when you register to use our Website or Application and create a user account, purchase a paid subscription license to the Software, subscribe to our newsletters, opt in to marketing, publish content, comments or feedback, enter a competition, participate in a promotion or survey, ask for user support, or contact us for any reason.

We may automatically collect personal data when you interact with our Website and Application. We may collect information about your devices and browsing actions and interests by using cookies and similar technologies, as described in detail in our Cookies Policy.

Third parties who provide advertising and related services may give us your personal data, these including analytics providers and ad networks.

How We Use Your Data and What Our Purposes Are

We process your personal data for the following purposes and on the following legal basis:

For creation or performance of a contract:

• To register you as a user of our Software, Website and Application or other products and services, and to administrate your account.

• To allow you to use our Software, Website and Application, including to fulfill your requests, improve your experience of our Services and to administrate our contractual relationship with you.

• To allow you to publish content on our Website and Application or participate in a competition or other promotional activity.

• To fulfill your purchases of subscription licenses to the Software or other orders for products or services placed through our Website or Application.

• To communicate with you about our terms, notify you about changes to them and communicate with you about non-compliance.

• To communicate with you about your subscriptions, your account or your purchases.

• To conduct surveys in order to improve your interaction with our Software, Website and Application.

• To carry out analysis on an aggregated level to improve our Software, Website and Application.

For our legitimate interest:

• To communicate legal information to you.

• To ask you to take part in surveys or other researches about our Software, Website and Application and other products and services.

• For analyzing and statistical purposes necessary to improve and develop our Software or Application.

• To serve content and ads and analyze their performance and effectiveness.

• To administrate and protect our business including troubleshooting, data analysis, testing, system maintenance, user support, reporting and hosting data, administration and IT services, network security, fraud prevention, customer services and business reorganization.

• To use IP-address, device identifiers or other information necessary to block disruptive use, for the reason of protecting our Software, Website and Application or otherwise enforcing or applying our Terms of use.

• To communicate with you about our Software and Application, and content, including published content and content you provide to us, as well as your comments on content, feedback and reviews.

• To provide information in a merger & acquisition processes, for the reasons of business and strategic management.

• For the establishment, exercise or defense of legal claims.

• To address intellectual property infringement or right of privacy violations, related to content you upload.

Upon your consent

• To send you marketing communications or our newsletter, if you have agreed thereto, which may also contain offers, news or information related to our Software, Application, and/or other products or services which we believe may be of interest to you. Please note that you can opt out of receiving marketing communications or unsubscribe at any time from our newsletter by changing your account preferences on your account page, by clicking the “unsubscribe” link in the newsletter, or by contacting us at support@plotaverse.com.

• To conduct surveys or undertake research so that we can improve and develop our business, our Website and Application and our Software and other products and services.

To comply with a legal obligation or authority decision

• To comply with applicable laws, regulations and legal and regulatory processe

• To communicate our Privacy Policy and notify you of changes to it.

Personal data that we request from you and that is marked “mandatory” in anyway, for example by using the * symbol, is required for us so you could use our Software, Website and Application (for statutory, contractual, administrative, technical or similar reasons and we will not be able to offer some/all our services without such data). However, some of the personal data may be required only in the event that you use specific features, turn on optional parts of the Software or Application or request certain resources, offerings, promotions, programs, etc. from us or our partners, as will be further indicated prior to collecting such personal data from you.

With Whom We Share Your Data

Partners and Advertisers

We may share your personal data with third parties who process your data on our behalf when they provide services to us, such as to provide the infrastructure and IT services (including but not limited to data storage), to process card transactions, to provide customer services, to improve data and process customer inquiries and to perform other statistical analyses. In the performance of these services the third-party suppliers may have access to your personal data but are only authorized to process such data strictly on our behalf and in accordance with our instructions.

We may also disclose your personal data to third parties, if we reasonably believe that disclosure of such personal data is necessary:

• To comply with valid legal obligations including subpoenas, court orders, governmental requests or search warrants, and as otherwise authorized by law;

• To protect our rights or property, or the safety of our customers or employees;

• To protect against fraudulent, malicious, abusive, unauthorized or unlawful use of or subscription to our Software or Application and to protect our network, Website and Application, devices and users from such use;

• To advance or defend against complaints or legal claims in court, administrative proceedings and elsewhere;

• As part of mergers & acquisitions, provided that the prospective buyer or seller agree to respect your personal data in a manner consistent with our Privacy Policy;

• To outside lawyers, external auditors or advisors, professional consultants and regulators.

We will require any third party to whom we disclose your personal data or who may obtain it on our behalf to ensure its confidentiality, and to handle it in accordance with the applicable legislation. We will not share your information with third parties for their own independent marketing or business purposes without your explicit consent.

You share your personal data with third parties when you publish content, as well as comments, reviews and feedback on our Website or Application.

EEA Users: International Transfer of Your Data

If you are a resident of the European Economic Area (EEA), which includes all EU member states plus Iceland, Liechtenstein and Norway, visiting or using our Website, Software and Application, please be aware that your personal data may be transferred to, stored, and processed in the United States where our servers are located and our central database is operated. By using our Website, Software and Application, you understand that your data may be transferred to our facilities and those third parties with whom we share it as described in this Policy.

When your data is transferred outside the EEA we take steps to make sure it has the same level of protection as it would have in the EEA. We will take all reasonable necessary steps to ensure that your personal data is treated securely and in accordance with this Privacy Policy and an adequate level of protection is applied to it, in particular through the implementation of standard contractual clauses approved by European Commission or contractual clauses previously authorized by the relevant authority.

Protecting Your Personal Data

Safeguarding your personal data is a priority for us. Any personal data that you provide to us is stored on secure servers and we use rigorous procedures to protect against loss, misuse, unauthorized access, alteration, disclosure, or destruction of your personal data. Our security measures are regularly audited to ensure that they remain effective. Your personal data may only be accessed by our employees, agents, contractors and other third parties who need to access it and are bound by a duty of confidentiality. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using Plotagraph’s website and digital products you consent to the transfer of such information to them.

Plotagraph will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, Plotagraph discloses potentially personally-identifying and personally-identifying information only when required to do so by law, or when Plotagraph believes in good faith that disclosure is reasonably necessary to protect the property or rights of Plotagraph, third parties or the public at large. If you are a registered user of the Plotagraph website and have supplied your email address, Plotagraph may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with Plotagraph and our products. We primarily use our various product blogs to communicate this type of information, so we expect to keep this type of email to a minimum. If you send us a request (for example via a support email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. Plotagraph takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.

Although we work hard to protect your personal data, we cannot guarantee that our safeguards will prevent every unauthorized attempt to access, use or disclose personal data. However, we maintain security and incident response plans in the event of a physical or technical incident to handle this in a timely manner and limit any negative effect of such incident.

Data Retention Periods

We only keep your personal data for as long as necessary to provide our services on the Website, Software and Application, or until your account is deleted – whichever comes first, after which we will securely delete or in some cases anonymize so that it can no longer be associated with you (for research or statistical purposes). We do regular status checks to review when personal data needs to be deleted.

When you delete your account, we delete your profile data, as well as any content you have provided, such as your content and comments, and you won’t be able to recover that information later.

Minors

We take it very seriously to protect the safety and privacy of children online and we do not knowingly market to or solicit personal data from children under the age of 16 without obtaining verifiable parental consent. Should an individual whom we know to be a child under age 16 send personal data to us, we will delete or destroy such data as soon as reasonably possible.

Privacy Rights

EEA Users

You have the right to exercise your rights under the EU General Data Protection Regulation with respect to your personal data, which are briefly described below:

• Right to access your personal data: you have the right to obtain confirmation from us as to whether or not personal data concerning you is being processed, and, where that is the case, access to the personal data and information.

• Right to rectification of personal data: if you find that personal data that we process about you is inaccurate, you have the right to have us correct such personal data.

• Right to erasure of personal data (right to be forgotten): under certain circumstances, such as if your personal data has been unlawfully processed or you have withdrawn your consent (if the processing of your personal data is based on consent), you have the right to request and obtain erasure of your personal data from us.

• Right to restriction of processing: under certain circumstances, such as if you question the accuracy of your personal data or you have objected to our legitimate purpose to process your personal data, you have the right to request that we restrict the processing of your personal data until a solution has been found.

• Right to object to processing: under certain circumstances, such as if you question our legitimate interest to process your personal data, you have the right to object, on grounds relating to your particular situation, to such processing. In particular you have the right to object to our processing of your data for direct marketing, which you can exercise by using the “unsubscribe” link in such marketing communications.

• Right to withdraw consent: if our processing of your personal data is based on your consent, you have the right to withdraw such consent at any time (this will however not affect the processing based on your consent before its withdrawal) by contacting us or by updating the settings in your account However, this will not affect the lawfulness of any processing carried out before you withdraw your consent.

• Right to data portability: if your personal data is processed by automated means based on your consent or for the fulfillment of our contractual relationship, you have the right to request that we provide you with your personal data on a machine-readable format for transmission to another data controller.

• Right to lodge a complaint with a supervisory authority: you have the right to lodge a complaint regarding our processing of your personal data with your supervisory authority.

Please contact us using the contact details provided below to make a request in respect of your rights. We will use commercially reasonable efforts to respond to your request within 30 days of receiving such request. If we cannot honor your request within the 30-day period, we will let you know the reasons why and when we expect to be able to fulfill your request. We may have an overriding lawful basis for processing your personal data, or certain exemptions may apply. If we refuse your request, we will explain why.

Please also note that you can change your contact preferences at any time in your account if you do not wish to receive certain information from us, or if you want to delete your account. You can also exercise this right at any time by contacting us at support@plotaverse.com.

Cookies

A cookie is a string of information that a website stores on a visitor’s computer, and that the visitor’s browser provides to the website each time the visitor returns. Plotagraph may use cookies to help Plotagraph identify and track visitors, their usage of the Plotagraph website and digital products and their website and digital products preferences. Plotagraph visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using Plotagraph’s website, with the drawback that certain features of Plotagraph’s website may not function properly without the aid of cookies.

Ads

Ads appearing on our website and/or digital products may be delivered to users by advertising partners, who may use cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement to compile information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. This Privacy Policy covers the use of cookies by Plotagraph and does not cover the use of cookies by any advertisers.

Unsolicited Ideas

Plotagraph cannot protect your unsolicited ideas, suggestions or materials related to our products, and we reserve the right to share non-personal information received via this website with the public. We do not seek unsolicited ideas, suggestions or materials related to our products other than in some surveys for feedback to improve the customer experience. If you do not want Plotagraph to use your ideas to improve our products, please do not submit them to us (either directly or by making them available through a public platform). If you do submit your ideas to us, you acknowledge that Plotagraph has the right to use your ideas in any manner, without further consent from you, and without any compensation or remuneration to you. In the event that Plotagraph elects to use your submitted ideas, you agree not to oppose any such use.

Privacy Policy Changes

Although most changes are likely to be minor, Plotagraph may change its Privacy Policy from time to time, and in Plotagraph’s sole discretion. Plotagraph encourages visitors to frequently check this page for any changes to its Privacy Policy. Your continued use of this website and digital products after any change in this Privacy Policy will constitute your acceptance of such change.

Personal Information of Minor Children

Important Note to Parents: Plotagraph does not include information or content on this website that is intentionally directed at minor children. We do not knowingly collect personally identifiable information from kids on our website.

Contact us

If you have any questions or concerns regarding this Privacy Policy or your privacy when visiting the Website or using the Application and the Software, please send us a detailed message to support@plotaverse.com or 1215 S. Kihei Rd. Ste O #1074, Kihei HI 96753. We will make every effort to resolve your concerns.

Archived Terms