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Fractograf Privacy Policy

Last Updated: April 28, 2014

Fractograf LLC and its related entities (as applicable, collectively referred to herein as “us,” “we” or “our”) provide a platform that facilitates the storage, editing and sharing of User Content (as defined herein) in an innovative, dynamic, social and multi-dimensional manner.

This Privacy Policy explains how information about you may be collected, used and disclosed by us when you use our website, mobile applications and/or other online products or services (collectively, the “Services”) or when you otherwise interact with us.

We may change this Privacy Policy from time to time. In the event of such changes, we will post a revised version of this Privacy Policy on our website (www.fractograf.com) and, in some cases, we may also provide you with additional written notice. We encourage you to review this Privacy Policy whenever you access the Services to stay informed about our information practices and the ways you can help yourself protect your privacy. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, PLEASE DO NOT USE ANY OF THE SERVICES OR SUBMIT ANY USER CONTENT TO US.

By using any of the Services you understand and agree we are providing a platform for you to post and make public through the Services content, including but not limited to, text, files, information, images, graphics, audio and video files, links, comments, photographs, and other material you share through any of the Services (“User Content”). The Services apply to all visitors, users, and others who access the Services (“Users”). This means that other Users may search for, see, use, or share any of your User Content, consistent with the terms and conditions of this Privacy Policy and our Terms of Use.

Key Points:

  1. Each individual digital collage of smaller images (a “Fractograf™”) created and saved within any of the Services will have both “View” and “Modify” settings. These settings control which Users can view a particular Fractograf and which Users can make changes to it (i.e. add/remove images, change the title/description, etc.)
  2. In order to keep the experience consistent for all Users, the cover photograph (“Cover™”) of each individual Fractograf is public. However, individual images contained within a Fractograf (“Fraxels™”) can be set to be viewed only by a select group of Users. This setting is controlled by the Fractograf Viewing and Editing Permissions.
  3. We use commercially reasonable safeguards to help keep the information collected through the Services secure and take reasonable steps to verify your identity before granting you access to your account. However, we cannot ensure the security of any information you transmit to us or guarantee that information on the Services may not be accessed, disclosed, altered, or destroyed.
  4. We do not knowingly collect personal information from Users under the age of 13. The Services and all User Content are not directed at children under the age of 13. If we learn we have collected personal information from a child under the age of 13, we will endeavor to delete such information promptly. Please note that User Content may be shared through third party sites (e.g. social media), which are not controlled by us. We are unable to prevent situations in which a person under age of 13 discovers User Content through a third party site that brings them to our website.
  5. We are not responsible for practices employed by any website or services linked to or from any of our Services, including the User Content contained within them. When you use a link to go from one of our Services to another website or service, this Privacy Policy does not apply to those third party websites or services. Your browsing and interaction on any third party website or service, including those that have a link on our website, are subject to that third party’s own rules and policies. We are not responsible and do not have control over any third parties that you authorize to access your User Content. If you are using a third party website or service and you allow the third party to access your User Content, you do so at your own risk.
  6. This Privacy Policy is developed to ensure and maintain a consistent, fun and engaging experience throughout our Services for all Users. If you have any technical questions about your experience with any of the Services, you can reach us via e-mail at support@fractograf.com.

Invitations:

You may have friends to whom you are connected through other social media or communication platforms whom you would like to invite to connect via the Services. You may find these people and invite them to connect with the Services in any of the following ways:

  1. Search Function: You may use our search function to search for the names and/or usernames of other existing Users.
  2. Your Contact Lists: You may provide us permission to access any of your contact lists as available on your phone. With such access, we will identify which of your contacts are already using our Services. Then, we provide you the opportunity to choose, by individual contact, to connect with you (to become your Friend or Follower) on our Services or join the Services through an invitation a message of your choice. These messages will be sent from your personal account (text or email) or through a request to connect (become your Friend or Follower) that is sent through our Services. You are responsible for any charges that apply to communications sent from your device. Because invitations to join the Services come directly from your personal device or email account, we do not have access to or control these communications.
  3. Third Party Social Media Accounts: You may provide us permission to access your basic information and contact lists held on third party social media accounts. With this information, we will identify which of your contacts are using our Services. Then, we provide you the opportunity to choose, by individual contact, to connect with you (become your Friend or Follower) on our Services or join our Services with a message of your choice. These messages will be sent from your personal account (text or email) or through a request to connect (become your Friend or Follower) that is sent through our Services. You are responsible for any charges that apply to communications sent from your device. Because invitations to join the Services come directly from your personal device or email account, we do not have access to or control these communications.

Information We Collect:

  1. Directly from you (that you provide us).
    1. Account Creation: When you register for an account to use any of the Services, we collect your username, password, email and birthday.
    2. Profile Information: When you create your account profile to use any of the Services (“Profile”) we collect the profile information you provide us to help you and others be “found” through the Services, namely, your:
      1. First and last name;
      2. Picture;
      3. Phone number; and
      4. Other “Optional” information that we may request but which we are currently not collecting for the Services.
    3. User Content: Photos, comments, and other Content you post via the Services.
    4. Communications between You and Us: For example, Service-related emails: e.g. account verification, technical/security notices, changes and updates to any of the Services.
  2. From other sources: From time to time, we may obtain information from other sources and combine that with information we collect through our Services. For instance, when you complete in-app purchases from your mobile device, we may collect information about you from the provider of your device operating system when your purchase is processed. We do not receive your payment method information from the operating system providers.
  3. Supporting Analytics: We use third party tools to collect analytics to help us measure traffic and usage trends for the Services. These tools collect information sent by the device you use to access our Services, including the web pages you visit, add-ons, and other information that assists us in improving the Services and your experience as a User. We combine this information with analytics information from other Users so that it cannot be reasonably be used to identify any particular individual User.
  4. Connecting you with your friends via the Services: You have the option to find friends, or locate people via the Services either through:
    1. Your Contact Lists: We will access your contact list(s) to determine whether or not someone associated with your User Content is using the Services. If not, you will be provided the option to invite them via email or text message. If you choose to invite someone to any of the Services through our invite feature, we may select a person directly from the contacts list on your device. The email or text message will be sent from your personal account. In such event, you understand and agree that you are responsible for any charges that apply to communications sent from your device and that, because this invitation is coming directly from your personal account, we do not have access to or control this communication.
    2. Your Third Party Social Media Sites Contacts: You will be prompted to set up a link to the third party service and you understand that any information that such service may provide to us will be governed by this Privacy Policy, but any information collected or used by the third party will be governed by the privacy policy of the third party.
    3. Your Search Function Use: A search of names and usernames on the Services, which our Services will perform upon your request.
  5. Your Log File Information:
    1. Your browser automatically reports log file information each time you make a request to access/visit a web page or app. It can also be provided when the content of the webpage or app is downloaded to your browser or device.
    2. When you use one of our Services, our servers automatically record certain log file information, including your web request, Internet Protocol (“IP”) address, browser type, referring/exit pages and URLs, number of clicks and how you interact with links on the Services, domain names, landing pages, pages viewed, and other such information. We may also collect similar information from emails sent to our Users (i.e. was email opened? Did recipient click links?). This information allows for more accurate reporting and improvement of the Services.
  6. Cookies and similar technologies:
    1. We may use cookies and similar technologies like web beacons, pixels and local storage to collect information about how you use the Services and provide features to you.
    2. We may ask advertisers or other partners to serve ads or services to your devices, which may use cookies or similar technologies placed by us or the third party.
  7. Device identifier—We may use small data files or similar data structures to be stored on or associated with your mobile device, which will uniquely identify your mobile device. Accessing our Services through a mobile device like a tablet or phone will enable us to access, collect, monitor, store on your device, and/or remotely store one or more “device identifiers.” A device identifier may be data stored in connection with the device hardware, data stored in connection with the device’s operating system or other software, or data sent to the device by us. A device identifier may deliver information to us or to a third party partner about how you browse and use the Services and may help others or us provide reports or personalized content with ads. Some features of the Services may not function properly if use or availability of device identifiers is impaired or disabled.
  8. Metadata—Metadata is technical data that is associated with User Content. Metadata can describe how, when and by whom a piece of User Content was collected and how that content is formed. Users can or may have Metadata added to their User Content to make it more searchable by others and more interactive. This may include, but not limited to, hashtags to mark keywords when you post a photo and geotags to mark your location to a photo. If you geotag a photo or tag your photo using other’s API, your latitude and longitude will be stored with the photo.

Use of Information:

We may use information we receive to:

  1. Remember your information so you will not have to re-enter it during your visit or the next time you visit any of the Services;
  2. Provide, maintain, improve, test and monitor our Services and to develop and test new products and features;
  3. Provide and deliver the products and Services you request, process transactions and send you related information;
  4. Help you efficiently access your information after you sign in;
  5. Provide personalized content and information to you and others, which could include online ads or other forms of marketing;
  6. Communicate with you about products, services, offers, promotions, rewards, and events offered by us and others;
  7. Provide content, news and information we think will be of interest to you;
  8. Monitor and analyze trends, usage and activities in connection with our Services;
  9. Diagnose and fix technology problems (i.e. “bugs”), sending technical notices, updates, security alerts and support and administrative messages;
  10. Detect, investigate and/or prevent fraudulent, unauthorized or illegal activity;
  11. Carry out any other purpose for which the information was collected; and/or
  12. Provide you with additional customer service.

Sharing of Information:

WE WILL NOT RENT OR SELL YOUR INFORMATION TO THIRD PARTIES WITHOUT YOUR CONSENT, EXCEPT AS NOTED IN THIS POLICY.

You: Parties with whom you may choose to share your information include:

  1. Public Information: Any information or content that you voluntarily disclose for posting to the Services, such as User Content, becomes available to the public, as controlled by any applicable privacy settings that you set. Keep in mind that Covers remain public. To change your privacy settings, you will need to update that setting for each specific Fractograf for which you wish to change the setting. Remember, once you have shared User Content or made it public, that User Content may be re-shared by others.
  2. API: Subject to your profile and privacy settings, any User Content you make public is searchable by others Users and subject to use under our Fractograf API Terms of Use.
  3. Removal of Information: If you remove information that you posted to any of the Services, copies may remain viewable in cached and archived pages of the Services, and/or other places if other Users or third parties using the Fractograf API have copied or saved that information.

We: Parties with whom we may share your information include:

  1. Friends: Through usage of the Services, we may share your Username with other users, for example, in the case of Users searching for other users or attempting to locate their “friends,” you will be added to their friends list.
  2. Service Providers: We may share your information as well as information from tools like cookies, log files, and device identifies and location data, with third-party organizations that help us provide the Services to you (“Service Providers”). Our Service Providers will be given access to your information as is reasonably necessary to provide the Services under reasonable confidentiality terms.
  3. Advertising Partners: We may share certain aggregated or anonymized data with third party advertising partners. By doing so, we and our partners may be able to provide you more valuable and targeted advertisements.
  4. Other Companies: In connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition of all or a portion of our business to another company, we may share your data.

Other:

  1. Change of Control: If we sell or otherwise transfer part or the whole of our company or our assets to another organization (e.g., in the course of a transaction like a merger, acquisition, bankruptcy, dissolution, liquidation), your information such as name and email address, User Content and any other information collected through the Services may be among the items sold or transferred. You will continue to own your User Content. The buyer or transferee will have to honor the commitments we have made in this Privacy Policy.
  2. Legal Request: We may access, preserve and share your information in response to a legal request (e.g. search warrant, court order or subpoena) if we have a good faith belief that the law requires us to do so. We may also access, preserve and share information when we have a good faith belief it is necessary to detect, prevent, and address fraud and other illegal activity and/or to protect ourselves, you or others. Information we receive about you may be accessed, processed and retained for an extended period of time when it is the subject of a legal request or obligation, governmental investigation, or investigations concerning possible violations of our terms or policies, or otherwise to prevent harm.

Your Choices:

  1. Account Information: Update your account at any time by logging in and changing your profile settings.
  2. Account Termination: Following the termination of your account, we and our Service Providers may retain information and User Content for a commercially reasonable time for backup, archival, legitimate business, and/or audit purposes.
  3. Privacy Settings: Through settings in our Services, you can choose who can view and modify your Fractografs. You also have the ability to delete users from your followers list at any time by using controls within our Services.
  4. Device Information: Certain features of the Services require access to your device’s native phonebook and image storage applications (e.g. to find friends or to use/store a photo in your photo gallery). If you later decide to revoke your consent or prevent us from continuing to access your phonebook and image storage applications, you can do so by either changing the setting on your device, if this settings option is provided by your device operating system, or by following the standard uninstall process and removing our Services from your device.
  5. Location: Any features of our Services that collect location information will prompt you for consent to our collection of this information. You can always stop the collection of this information by changing the preferences on your mobile device. If you do so, certain features of our Services may no longer function or be accessible in limited capacity.
  6. Cookies: Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our website.
  7. Push Notifications/Alerts: We may send push notifications to your device. You can deactivate these messages at any time by changing the notification settings on your device.

Contact:

If you have legal concerns regarding this Policy, feel free to contact us by email at legal@fractograf.com or by regular mail to Fractograf LLC, 8161 Maple Lawn Boulevard, Suite 320, Maple Lawn, Maryland 20759, Attn: Legal Department.