WHAT DOES THIS POLICY COVER

Welcome to FILMM, the online and mobile service of FILMM, LLC (“FILMM,” “we,” or “us”). Our Privacy Policy explains how we collect, use, disclose, and protect information that applies to our Service, and your choices about the collection and use of your information. Capitalized terms that are not defined in this Privacy Policy have the meaning given to them in our Terms of Use.

This policy sets out how FILMM collects and uses the information that we collect about you when you use the FILMM services. This policy also explains the choices that you can make about the way that we use your information.

INFORMATION WE COLLECT AND ITS USE

We collect the following types of information about you:

INFORMATION YOU PROVIDE US DIRECTLY

We may ask for certain information such as your first and last name, phone number, device ID, and e-mail address when you correspond with us via support or sign up for our email list. We may also retain any messages you send through the Service, and may collect information you provide in User Content you post to the Service. We use this information to operate, maintain, and provide to you the features and functionality of the Service. We may also use this information to correspond with you, and to address any issues you raise about the Service. Unless otherwise noted within the Service or this Policy, any information you provide through the Service may be transmitted to or stored by FILMM and/or its third-party providers.

INFORMATION WE MAY RECEIVE FROM THIRD PARTIES

We may receive information about you from third parties. For example, by “following,” “liking,” adding the FILMM application, linking your account to the FILMM Service, etc., that third party may pass certain information about your use of its service to FILMM. This information could include, but is not limited to, the user ID associated with your account (for example, your Facebook user identification), an access token necessary to access that service, any information that you have permitted the third party to share with us, and any information you have made public in connection with that service. You should always review, and if necessary, adjust your privacy settings on third-party websites and services before linking or connecting them to the FILMM Service. You may also unlink your third party account from the Service by adjusting your settings on the third party service. If you unlink your third party account, we will no longer receive information collected about you in connection with that service.

INFORMATION WE COLLECT FROM YOU AUTOMATICALLY

We may directly collect analytics data, or use third-party analytics tools, to help us measure traffic and usage trends for the Service. These tools collect information sent by your browser or mobile device, including, but not limited to, the location of your mobile device, your mobile device ID, the type of mobile device you are using, information associated with Apple Store or Google Play account, the pages you visit, and other information that assists us in improving the Service.

LOG FILE INFORMATION

Log file information is automatically reported by your browser or mobile device each time you access the Service. When you use our Service, our servers automatically record certain log file information. These server logs may include anonymous information such as 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 Service, domain names, landing pages, pages viewed, and other such information.

CLEAR GIFS/WEB BEACONS INFORMATION

When you use the Service, we may employ clear GIFs (also known as web beacons) which are used to anonymously track the online usage patterns of our Users. In addition, we may also use clear GIFs in HTML-based emails sent to our users to track which emails are opened and which links are clicked by recipients. This information allows for more accurate reporting and improvement of the Service.

DEVICE IDENTIFIERS

When you access the Service by or through a mobile device (including but not limited to smart-phones or tablets), we may access, collect, monitor and/or remotely store one or more “device identifiers,” such as a universally unique identifier (“UUID”). Device identifiers are small data files or similar data structures stored on or associated with your mobile device, which uniquely identify your mobile device. 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 FILMM. A device identifier may convey information to us about how you browse and use the Service. A device identifier may remain persistently on your device, to help you log in faster and enhance your navigation through the Service. Some features of the Service may not function properly if use or availability of device identifiers is impaired or disabled. Device Identifiers used by FILMM include the Android Advertising ID and iOS Advertising Identifier.

LOCATION DATA

When you access the Service by or through a mobile device, we may access, collect, monitor and/or remotely store “location data,” which may include GPS coordinates (e.g. latitude and/or longitude) or similar information regarding the location of your mobile device. Location data may convey to us information about how you browse and use the Service. Some features of the Service, particularly location-based services, may not function properly if use or availability of location data is impaired or disabled.

HOW WE USE YOUR INFORMATION

We use the information we collect about you for the following purposes:

• Providing you with the Service: We use the information that you provide us to provide the Service to you. This includes allowing you to access the Service, operating and maintaining the Service, giving you access to your designs, and billing you for transactions that you make via the Service. We also use information we collect about you automatically to remember information about you so that you will not have to re-enter it during your visit or the next time you visit the site

• For data analytics: We use information about you to help us improve the FILMM Service and our users’ experience, including by monitoring aggregate metrics such as total number of visitors, traffic, and demographic patterns.

• Customizing the Service for you: We use information you provide us and information about you to make sure that your use of the Service is customized to your needs.

• To communicate with you about the Service: We use your contact information to get in touch with you and to send communications about critical elements of the Service. For example, we may send you emails or in-app notifications about technical issues, security alerts, or administrative matters.

• To promote and drive engagement with the FILMM Service: We use your contact information to get in touch with you about features and offers relating to the Service that we think you would be interested in. We also use information we collect about you to make sure that you get the most relevant offers and promotions based on your use of the Service, and your preferences. You can opt-out of getting these communications as described below.

• Customer service: We use information about you, information that you provide to our customer service team, information about your interactions with the Service to resolve technical issues you experience with the Service, and to ensure that we can repair and improve the Service for all FILMM users.

• For security measures: We use information about you to monitor activity that we think is suspicious or potentially fraudulent, and to identify violations or this Privacy Policy or our Terms of Use.

• For matters that you specifically consent to: From time to time FILMM may seek your consent to use your information for a particular purpose. Where you consent to our doing so, we will use it for that purpose. Where you no longer want us to use your information for that purpose you may withdraw your consent to this use.

• For matters that we are required to use your information by law: FILMM will use or disclose your information where we reasonably believe that such action is necessary to (a) comply with the law and the reasonable requests of law enforcement; (b) to enforce our Terms of Use or to protect the security or integrity of our Service; and/or (c) to exercise or protect the rights, property, or personal safety of FILMM, our Users or others.

LEGAL BASES FOR PROCESSING INFORMATION UNDER THE GDPR (FOR USERS IN THE EEA)

For FILMM users in the European Economic Area (EEA)

FILMM processes your information in accordance with European laws and regulations such as the General Data Protection Regulation (GDPR). The GDPR governs how FILMM may process your information, and the rights that EEA users have in relation to it. This means that FILMM will collect and use your information only where:We need it to provide you the Service and fulfil our obligations to you under our Terms of Service. This includes providing you with access to the information that you create in your designs.

It is justified because of a legitimate interest such as for research and development or marketing the Service (but only where our legitimate interest isn’t overridden by your interest in protecting your data).

You consent to us using your information in a certain way.

It is necessary for compliance with our legal obligations.

If you have consented to our use of your information you may withdraw that consent at any time. Depending on the situation you can either withdraw your consent by emailing hello AT filmm DOT co, by deleting the application, or through your account settings page (if applicable). Where we are using your information because of a legitimate interest to do so, you have the right to object to that use. However, if you do so it may mean that it is not possible for you to continue using the Services.

SHARING YOUR INFORMATION

We will not rent or sell your information into third parties outside FILMM and its group of companies (including any parent, subsidiaries, and affiliates) without your consent, except as noted in this sections below.

WHO YOU MAY CHOOSE TO SHARE YOUR USER CONTENT WITH

Any information or content that you voluntarily disclose for posting through the Service, such as User Content, becomes available to the public as determined by you. Subject to your settings and use, any User Content that you make public is visible by the public. If you remove information that you posted to the Service, copies may remain viewable in cached and archived pages of the Service, or on the public pages or platforms to which you made such User Content available.

WHO WE MAY SHARE YOUR INFORMATION WITH

We may share your information with third-party service providers for the purpose of providing the Service to you and to facilitate FILMM’s interests, as outlined above. Those service providers will only be provided with access to your information as is reasonably necessary for the purpose that FILMM has engaged the service provider, and we will require that such third parties comply with this Privacy Policy and any applicable laws.

Some of the third parties that FILMM may share your personal information with include providers who assist FILMM with functions such as:

• Billing;

• Customer support and customer management;

• Email services;

• Hosting and storage;

• Analytics; and• Analytics; and

• Delivery of physical products;

FILMM may also share your information with third parties in certain circumstances, such as where:

• we are required to do so as a result of a court order, subpoena, or other legal requirement;

• we believe that it is necessary to protect you or FILMM, such as where we consider that there is a need to investigate potentially fraudulent or criminal activity; or

• you have consented to our sharing it with a third party for a particular purpose.

FILMM may also share your information with a third party in circumstances where we sell divest or transfer FILMM (including any shares in FILMM), or any combination of its products, services, assets and/or businesses to a third party. Information such as customer names and email addresses, User Content and other user information related to the Service may be among the items sold or otherwise transferred in these types of transactions. We may also sell, assign or otherwise transfer such information in the course of corporate divestitures, mergers, acquisitions, bankruptcies, dissolutions, reorganizations, liquidations, similar transactions or proceedings involving all or a portion of the FILMM.

We may also aggregate or otherwise strip data of all personally identifying characteristics and may share that aggregated, anonymized data with third parties.

ADS ON FILMM

FILMM currently does not serve or leverage any ads on its platform. However, we may share certain information such as your location, browser and cookie data and other data relating to your use of our Service with our business partners to deliver personalized advertisements (“ads”) that may be of interest to you. FILMM may allow third-party ad servers or ad networks to serve personalized advertisements either on the Service or on third party websites, including Facebook and Google. These third-party ad servers or ad networks use technology to send, directly to your browser or mobile device, these personalized ads and ad links, and will automatically receive your IP address when they do so. They may also use other technologies (such as cookies, JavaScript, device identifiers, location data, and clear gifs, see above) to compile information about your browser’s or device’s visits and usage patterns on the Service, and to measure the effectiveness of their ads and to personalize the advertising content. FILMM does not sell, rent, or share the information we collect directly from you or about you from third parties with these third-party ad servers or ad networks for such parties’ own marketing purposes.

Please note that an advertiser may ask FILMM to show an ad to a certain audience of Users (e.g., based on demographics or other interests). In that situation, FILMM determines the target audience and FILMM serves the advertising to that audience and only provides anonymous aggregated data to the advertiser. If you respond to such an ad, the advertiser or ad server may conclude that you fit the description of the audience they are trying to reach.

The FILMM Privacy Policy does not apply to, and we cannot control the activities of, third-party advertisers. Please consult the respective privacy policies of such advertisers or contact such advertisers for more information.

HOW WE TRANSFER, STORE AND PROTECT YOUR DATA

Your information collected through the Service may be stored and processed in the United States or any other country in which FILMM or its subsidiaries, affiliates or service providers maintain facilities. FILMM may transfer information that we collect about you, including personal information, to affiliated entities, or to other third parties across borders and from your country or jurisdiction to other countries or jurisdictions around the world. As a result, we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction, and you consent to the transfer of information to the U.S. or any other country in which FILMM or its parent, subsidiaries, affiliates or service providers maintain facilities and the use and disclosure of information about you as described in this Privacy Policy.

CROSS-BORDER TRANSFERS OF INFORMATION (FOR USERS IN THE EEA)

FILMM is based in the United States and, regardless of where you use the Service, the information collected as part of that use will be transferred to and maintained on servers located in the United States. Any information we obtain about you will be stored in accordance with U.S. privacy laws, regulations, and standards, which may not be equivalent to the laws in your country of residence. By using the Service, you consent to this collection, transfer, storage, and processing of information to and in the United States in accordance with the foregoing.

KEEPING YOUR INFORMATION SAFE

FILMM cares about the security of your information, and uses appropriate safeguards to preserve the integrity and security of all information collected through the Service. To protect your privacy and security, we take reasonable steps to verify your identity before granting you access to your account. You are responsible for maintaining the secrecy of your account information, and for controlling access to your email communications from FILMM, at all times. However, FILMM cannot ensure or warrant the security of any information you transmit to FILMM or guarantee that information on the Service may not be accessed, disclosed, altered, or destroyed. Your privacy settings may also be affected by changes to the functionality of third party sites and services that you add to the FILMM Service, such as social networks. FILMM is not responsible for the functionality or security measures of any third party.

COMPROMISE OF INFORMATION

In the event that any information under our control is compromised as a result of a breach of security, FILMM will take reasonable steps to investigate the situation and where appropriate, notify those individuals whose information may have been compromised and take other steps, in accordance with any applicable laws and regulations.

YOUR CHOICES ABOUT YOUR INFORMATION

You control your account information and settings

If you have created an account on the Service, you may update your account information by logging into your account and changing your profile settings. You can also stop receiving promotional email communications from us by clicking on the “unsubscribe link” provided in such communications. We make every effort to promptly process all unsubscribe requests. You may not opt out of Service-related communications (e.g., account verification, purchase and billing confirmations and reminders, changes/updates to features of the Service, technical and security notices). If you have any questions about reviewing or modifying your account information, you can contact us directly at hello AT filmm DOT co.

When you access the Service, you may be asked whether you will allow access to your location while you are not using the Service and/or whether you would like to receive notifications on your mobile device. If you click “allow” but change your mind at any time in the future and no longer wish to allow access to your location and/or to receive notifications, you will be able to opt-out by updating the privacy settings on your mobile device.

California Do Not Track Disclosure. FILMM does not have a mechanism in place for responding to browser “do not track” signals or other similar mechanisms used to limit collection of information for use in online behavioral advertising.

OPTING OUT OF COLLECTION OF YOUR INFORMATION

Please refer to your mobile device for technical information for instructions on how to delete and disable cookies, and other tracking/recording tools. Depending on your type of device, it may not be possible to delete or disable tracking mechanisms on your mobile device. Note that disabling cookies and/or other tracking tools prevents FILMM or its business partners from tracking your activities in relation to the Service, and for use in targeted advertising activities by FILMM, including via third parties’ websites. However, doing so may disable many of the features available through the Service. For more information about cookies used on the Service, please read our Cookie Policy.

RIGHTS IN RESPECT OF YOUR INFORMATION

The laws of some countries grant particular rights in respect of personal information. Users in those jurisdictions may have the right to:

• Request a copy of your information;

• Request that we correct inaccuracies relating to your information;

• Request that your information be deleted or that we restrict access to it;

• Request a structured electronic version of your information; and

• Object to our use of your information;

Should you wish to make a request in respect of your personal information please contact us at hello AT filmm DOT co.

In some circumstances FILMM may not be able to comply with a request that you make with respect to your personal data. For example, we may not be able to provide a copy of your information where it infringes on the rights of another User. We may also be required to retain certain information that you ask us to delete for various reasons, such as where there is a legal requirement to do so. In some cases, you may have shared your information with third parties, such as by publishing User Content on a third party’s website or mobile application. In that case FILMM will not be able to delete the information, and you will need to contact that third party directly.

HOW LONG WE KEEP YOUR USER CONTENT

Following termination or deactivation of your User account or deletion of the mobile application from your device, FILMM may retain your profile information and User Content for a commercially reasonable time, and for as long as we have a valid purpose to do so. In particular, FILMM may retain your information for the purpose of complying with its legal and audit obligations, and for backup and archival purposes.

CHILDREN’S PRIVACY

FILMM does not knowingly collect or solicit personal information from children under the age of 13 and the Service and its content are not directed at children under the age of 13. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at hello AT filmm DOT co.

LINKS TO OTHER WEBSITES AND SERVICES

We are not responsible for the practices employed by websites or services linked to or from the Service, including the information or content contained therein. Please remember that when you use a link to go from the Service to another website, our Privacy Policy does not apply to third-party websites or services. Your browsing and interaction on any third-party website or service, including those that have a link or advertisement on our website, are subject to that third party’s own rules and policies. In addition, you agree that we are not responsible for and we do not exercise control over any third-parties that you authorize to access your User Content. If you are using a third-party website or service (like Instagram) and you allow such a third-party access to your User Content you do so at your own risk. This Privacy Policy does not apply to information we collect by other means (including offline) or from other sources other than through the Service.

CHANGES TO THIS POLICY

We reserve the right to update or modify the Service or this Policy at any time and from time to time without prior notice. Any revisions to this Policy will be effective upon posting. You should review this Policy periodically to ensure you are aware of any changes. If you object to any changes to this Policy, you must cease using the Service. Please review this Policy periodically by visiting Service. This Policy was last updated on the date indicated at the top of this page. Your continued use of our Apps after any changes or revisions to this Policy indicates your agreement to the terms of the revised Policy.

HOW TO CONTACT US

If you have any questions about this Privacy Policy or the Service, please contact us at hello AT filmm DOT co.

Last modified: July 5, 2019