PIKMOBILE PRIVACY STATEMENT

Version 1.1, May 1, 2018

At PikMobile®, we know that online privacy is important to our customers and you have a right to know how information that we collect through the PikMobile Application (mobile, web, and Mac/PC) and the PikMobile Services including the PikStore® Digital Publishing Platform will and will not be used.  We have created this privacy statement to demonstrate our commitment to privacy by helping you understand what kinds of information we collect, as well as how we collect and use such information.  The PikMobile services are owned and operated by Pikmobile, Inc.

This policy, together with the applicable provisions of the PikMobile Application License and Services Terms and Conditions of Use and the PikStore Digital Publishing Platform Terms and Conditions of Use (together the “Terms and Conditions of Use”), contain important information that impacts our use of personal and other data you provide to or through the PikMobile Services (as defined in the Terms and Conditions of Use).  Please read this policy carefully. Use of the PikMobile Application and other PikMobile Services is absolutely conditioned upon reviewing, understanding and agreeing to all of the information, disclosures and disclaimers contained in (1) this Privacy Statement; and (2) the Terms and Conditions of Use. PikMobile may modify or update this Privacy Statement from time to time, so please review it periodically. We may provide you additional forms of notice of modifications or updates as appropriate under the circumstances. Your continued use of PikMobile Services after any modification to this Privacy Statement will constitute your acceptance of such modification.

Your Privacy

The PikMobile Services are intended to serve as a platform for you to upload or choose your favorite images to share with others, to use our filters to transform such images, create collections of such images, add comments and share with others, and buy and sell the right to use images through the PikStore.

This Privacy Statement explains how PikMobile, collects and uses personal information in relation to our PikMobile Services, and any software provided on or in connection with PikMobile Services.  This Privacy Statement also describes the options available to you with respect to the collection and use of your information.

By using the PikMobile Services, you agree and acknowledge that the purpose of the PikMobile Services is to serve as a platform for you to post content, including original images, licensed images, derivative works thereof created using Pikmobile filters to transform such images, create collections of such images, add comments, and other descriptors, other metadata or other materials (“User Content”) and to use the PikMobile Services to share such User Content with others and/or publicly using controls available to you through the PikMobile Services.  This means that other users of PikMobile Services (other “Users”) may search for, see, use, or share any of your User Content that you make available publicly, or to some segment of Users, consistent with the Terms of Service.

Disclosures

Identifying Information.  Unique identifiers (such as your e-mail address(es)) are collected and may be used to respond directly to you when you request information, action or a response from us, as well as for verification purposes.

Profile Information. Please note that information, including personally identifiable data, you may provide as part of your user profile (e.g., username, first name, last name, other users following you, other users that you are following, PikLists being watched by you, email address, phone number, Twitter® handle, or Facebook® sign-on) may be made available to other registered PikMobile Users, and the general public but only pursuant to the sharing and privacy settings you manage for yourself using profile management functionality available through the PikMobile Services.  Notwithstanding anything to the contrary set forth in this Privacy Statement, you acknowledge that other Users may “find” you by searching on your phone number and/or e-mail and, by signing up for the PikMobile Service, you are consenting to the use of your phone number and e-mail address for purpose of the PikMobile “friending” features as described below.

 Finding Other PikMobile Users.  If you choose, you can use our “Find Friends” feature to locate other people with PikMobile accounts either through (a) the address book on your mobile device, (b) third-party social media sites or (c) through a search of names, usernames, phone numbers and e-mail addresses on PikMobile. 

  1. If you choose to find your friends through your device’s address book, then the PikMobile App will access your address book to determine whether or not someone associated with your contact information is using PikMobile.  
  2. If you choose to find your friends through a third-party social media site (e.g. Facebook), then you will be prompted to connect PikMobile to the third-party service and you understand that any information that such service may provide to us will be governed by this Privacy Statement.
  3. You may also search for your friends by entering a name, PikMobile username, phone number and/or e-mail address to search on the PikMobile Services.

“Invite Friends”. If you choose to invite someone to join PikMobile Services through our “Invite friends” feature, you may select a person directly from the contacts list on your device and send a text or email from your personal account. You understand and agree that you are responsible for any charges that apply to communications sent from your device, and because this invitation is coming directly from your personal account, PikMobile does not have access to or control this communication.

User Content.  User Content will be shared with others in accordance with choices you make using tools and functionality available to you through the PikMobile Services. Information or content that you voluntarily disclose for posting to the PikMobile Services, such as User Content, becomes available to the public, as controlled by any applicable privacy settings that you set. To change your privacy settings on the PikMobile Services, please change your profile setting. Once you have shared User Content or made it public, that User Content may be used, modified, and/or re-shared by others using PikMobile Services.  Subject to your profile and privacy settings, any User Content that you make public is searchable by other Users and subject to use under PikMobile public and private APIs. The use of PikMobile APIs is subject to separate API Terms of Use which incorporates the terms of this Privacy Statement.  If you remove information that you posted to the PikMobile Services, you acknowledge and agree that copies may remain viewable in cached and archived pages of the PikMobile Service, or if other Users or third parties have reshared, copied or saved that information using PikMobile Services.

Communications about PikMobile.  We may always use your contact information to communicate with you about various aspects of the PikMobile Services or our corporate affiliates, if any, including without limitation any problems with your user profile information, as well as status updates, notifications, or promotional materials regarding the services, web sites and/or apps of PikMobile or our corporate affiliates, if any.

Information Requested Data.  We may track the kinds of information you request and view through our Site to help us determine what promotional and other informational communications that may be of interest to you.  

Aggregate/Anonymized Data.  From time to time, we may disassociate non-personally identifiable information from your user profile and information about your PikMobile interactions and transactions including without limitation, searches, activity level, and/or user engagement, aggregate such data with similarly anonymized data from other users and use such aggregated data for reporting and analysis.  PikMobile may use such aggregated data, reporting and analysis for its own business purposes, including without limitation improving and refining PikMobile service features such as search results, and recommendations.  

Mobile Device Data.  With respect to users of the PikMobile app on mobile devices, for purposes of providing you the PikMobile Services, we may associate your user profile with a unique hardware identification (“UDID”), hardware identification, device type, the request type, your carrier, your carrier user ID, and device location data collected from the PikMobile app and the mobile device upon which the PikMobile app is installed.  This information allows us to recognize your account when you run the PikMobile app from your mobile device, import or upload photos from your device, and provide location-based services such geo-tagging your photos.  In addition to the aggregate/anonymized data described in the section above, we may also use aggregated/anonymized mobile device data described in this section for the purposes describe in the Aggregate/Anonymized Data section above.

Information Use.   PikMobile reserves the right to use the data described above to provide personalized content, information and recommendations to you and others, which may include marketing or promotion presented on the PikMobile Services, or the web sites, services and properties of our cororate affiliates, if any.

Traffic Data 

In addition to “Personal Information” that you voluntarily provide, our Site also gathers data generated automatically by traffic to our Site (“Traffic Data”).  For example, we use your device’s IP address to help diagnose problems with our server, and to administer the PikMobile Services.  Your IP address is used to help identify you and to gather broad demographic information.

The PikMobile Services require you to accept “session cookies” to enable certain functions as you navigate the PikMobile Services. “Session cookies” are small pieces of information that are stored on your device and passed back to the server whenever a request for a new page is made. The session cookie is discarded when the app exits the active memory of your device, when you log out of the PikMobile Services, or when you have not visited a page on the PikMobile Services for a designated amout of time. Please note however that the PikMobile Services may not function as intended, or at all, if you block, refuse or delete such session cookies placed by PikMobile Services.

Links

PikMobile Services may contain links to third party sites and/or services not owned or operated by PikMobile, including without limitation, sites and services owned or operated by Apple, Inc..  PikMobile is not responsible for the privacy practices or the content of such web sites and we advise you to check their privacy policies.

Change of Control

If all, or a portion of, PikMobile is sold or otherwise transferred, or all, or a portion of, our assets are sold to another organization (e.g., in the course of a transaction like a merger, acquisition, bankruptcy, dissolution, liquidation), your information as described above, and any other information collected through the PikMobile 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 Statement.

Legal Requests

PikMobile may access, preserve and share your information in response to a legal request (like a search warrant, court order or subpoena) if we have a good faith belief that the law requires us to do so. This may include responding to legal requests from jurisdictions outside of the United States where we have a good faith belief that the response is required by law in that jurisdiction. 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; to protect ourselves, you and others, including as part of investigations; and to prevent death or imminent bodily harm. 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.

Storage and Processing

Information collected through the PikMobile Service, including without limitation you personal information as described above, may be stored and processed in the United States or any other country in which PikMobile, its Affiliates or service providers maintain facilities.  PikMobile, its Affiliates, or service providers may transfer information that we collect about you, including personal information across borders and from your country or jurisdiction to other countries or jurisdictions around the world. Although intended for use within the US, if you are located in the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction.  By registering for and using the Service you consent to the transfer of information to the U.S. or to any other country in which PikMobile, its Affiliates or service providers maintain facilities and the use and disclosure of information about you as described in this Privacy Statement.

Choice/Opt-In/Removal

The PikMobile Services provide you with the opportunity to opt out of receiving personalized or targeted marketing or promotion communications from us by following links to request support service available on the PikMobile Services.

PikMobile also gives users the option to e-mail us to request removal of their Personal Information from our database and/or to not receive future communications by sending an e-mail to: support@pikmobile.com 

Correct/Update

Users have the option to change or modify Personal Information previously provided by sending an e–mail to: support @pikmobile.com

 

Contacting the Web Site

If you have any questions about this privacy statement, the practices of this site, or your dealings with this web site, you can contact support@pikmobile.com