PRIVACY POLICY

Legendary Software Labs, LLC (“Private Photo Vault”) is committed to respecting the privacy rights of users of the Private Photo Vault website, and the Private Photo Vault service, including software applications made available by Legendary Software Labs, LLC, such as the Private Photo Vault mobile device application, (together, the “Service”). Private Photo Vault has published this privacy policy to demonstrate its commitment to fair information practices and to the protection of privacy.

This Privacy Policy is only applicable to the Service and not to any websites or services of third parties (“Third-Party Websites”), which may have data collection, storage and use practices and policies that differ materially from this Privacy Policy. For additional information, see the section concerning Third-Party Websites, below.

BY USING THE SERVICE, YOU REPRESENT AND WARRANT THAT YOU HAVE READ AND UNDERSTOOD, AND AGREE TO THE TERMS OF, THIS PRIVACY POLICY. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO BE BOUND BY THIS PRIVACY POLICY, YOU MUST IMMEDIATELY CEASE USING OR ACCESSING THE SERVICE.

Each time You access the Service, the then-current version of this Privacy Policy will apply. Each time You use the Service, we recommend that you check the date of this Privacy Policy (which appears at the end) and review any changes since the last time You used the Service. For additional information, see the section concerning Updates and Changes to Privacy Policy, below.

1. CHILDREN’S PRIVACY

Private Photo Vault does not solicit or knowingly collect personally identifiable information from children under the age of 13. If Private Photo Vault obtains actual knowledge that it has collected personally identifiable information from a child under the age of 13, Private Photo Vault will immediately delete such information from its database. Because Private Photo Vault does not collect personally identifiable information from children under the age of 13, Private Photo Vault has no such information to use or disclose to third parties. Private Photo Vault has designed this Privacy Policy in order to comply with the Children’s Online Privacy Protection Act (“COPPA”).

2. INFORMATION COLLECTION PRACTICES

(a) Traffic (a.k.a. “Usage”) Data.

Like most mobile application operators, Private Photo Vault automatically gathers information of the sort that mobile devices automatically make available, including: (i) IP addresses; (ii) domain servers; (iii) types of mobile devices accessing the Service;(iv) number and average time of access and use; (v) purchase events and other key events; and (vi) number of photos imported and exported (collectively “Traffic Data”). Traffic Data is anonymous information that does not personally identify You.

(b) Tracking/USER ID Policy – Tracking Over Time and Across Different Websites

Your “USER ID” is a unique device-associated number that provides Private Photo Vault and third parties access to certain data that details your use of the Services. A USER ID acts as a string of information that is pre-loaded to a user’s mobile device by the manufacturer, and the USER ID provides mobile device information to Private Photo Vault each time You submit any of a set of predefined queries to the Service. While so-called “Cookies” are discussed below, Your USER ID is the primary technological tracking mechanism for Private Photo Vault to collect: (i) information about the type, make, and model of Your mobile device, the operating system You use on the device, browser type and specifications, the network service or wireless communication provider who connects Your device to a telecommunications system or systems, Your internet protocol address, and other unique identifiers assigned by third parties to Your mobile device, and (ii) information about your activity on the device, including Your use of other mobile applications on the same device, click data and click patterns in relation to promotional advertising on your device, cookies (defined below), tracking tags, pixel tags, and digital photograph metadata.

Likewise, “Cookies” are text files that are placed on Your computer by websites that You visit or certain emails that You open. The purpose of a Cookie is to identify the user as a unique user of the Service.

Private Photo Vault uses two types of Cookies – “first-party cookies” and “third-party cookies.”

First Party Cookies

Private Photo Vault uses first-party cookies on the Service, for example the Google Analytics Cookie, for the following purposes:

  • to gather visitor and access information relevant to customizing the Service to your interests; and
  • to store your password so you do not have to re-enter it each time you use the Service.

IF YOU DO NOT WISH TO HAVE FIRST-PARTY COOKIES PLACED ON YOUR MOBILE DEVICE, YOU SHOULD SET YOUR BROWSERS TO REFUSE COOKIES BEFORE ACCESSING THE SERVICE, WITH THE UNDERSTANDING THAT CERTAIN FEATURES OF THE SERVICE MAY NOT FUNCTION PROPERLY WITHOUT THE AID OF COOKIES. IF YOU REFUSE COOKIES, YOU ASSUME ALL RESPONSIBILITY FOR ANY RESULTING LOSS OF FUNCTIONALITY.

Third Party Cookies

In addition to these purposes, Google, Inc. (“Google”) uses third-party cookies to serve online interest-based advertisements on Private Photo Vault. As an important example, Google uses a cookie known as “DoubleClick” to enable both Google and Google’s third-party marketing partners to serve advertisements to You based on information gathered during Your use of the Service or Your visit to other websites and services.

Private Photo Vault may advertise on other Third Party Websites to You after You access the Service. We and third-party marketing partners, including without limitation Google, may use first party cookies (such as the Google Analytics cookie) and third party cookies (such as the DoubleClick cookie) to inform, optimize, and serve advertisements to You based on your use of the Service.

Google allows users to customize cookie preferences in Google Ads Settings page. You can also learn more about how to delete or control cookies at www.aboutcookies.org.

(c) Ad Serving.

Private Photo Vault uses third parties for advertising through the Service and analytics of Private Photo Vault users. These third parties may place Cookies on Your computer or mobile device, use web beacons, and gather IP addresses and log data to collect traffic and activity data in order to deliver relevant metrics, content, and advertising.

(d) Personally Identifiable Information, Including USER ID.

In order for You to use certain features of the Service, You will be asked to provide Private Photo Vault certain personally identifiable information (“Personal Information”). Personal Information includes the following categories, without limitation: (1) “Contact Data” (such as Your name, email address); (2) “Financial Data” (such as Your credit/debit card number and expiration date); and (3) “Demographic Data” (such as Your geographic location and device language). Additionally, You will have the opportunity to upload Your images, metadata stored in Your images, Your videos, metadata stored in your videos, usernames , and passwords (“User Content”). In each case, You will be asked to provide Personal Information; the Service will not gather it surreptitiously. Private Photo Vault may supplement the Personal Information You provide with additional Personal Information gathered from public sources or from third parties (e.g., consumer reporting agencies) who may lawfully provide such information to Private Photo Vault. You are under no obligation to provide Personal Information, with the caveat that Your refusal to do so may prevent You from using certain features of the Service.

  1. INFORMATION USE AND DISCLOSURE PRACTICES

(a) Traffic Data and Information Gathered Using USER ID and/or Cookies.

Private Photo Vault analyzes Traffic Data and information gathered using the Your USER ID or Cookies to help Private Photo Vault better understand who is using the Service and how they are using it. By identifying patterns and trends in usage, Private Photo Vault is able to better design the Service to improve Your experience, and to serve You more relevant and interesting content and advertisements. From time to time, Private Photo Vault may release Traffic Data and information gathered using Cookies in the aggregate, such as by publishing a report on trends in the usage of the Service.

(b) Personal Information

(i) Generally.

Private Photo Vault uses Your Contact Data to send You information about Private Photo Vault and Private Photo Vault’s products and services, and to contact You when necessary in connection with the Service. Private Photo Vault uses Your Financial Data to verify Your qualifications for certain features of the Service and, when necessary, to bill You. Private Photo Vault uses Your Demographic Data and Mobile Device Information to customize and tailor Your experience on the Service. As with Traffic Data and information gathered using Cookies, from time to time Private Photo Vault may release Demographic Data in the aggregate, such as by publishing a report on trends in the usage of the Service.

(ii) Disclosure Practices.

Except under the following categories of circumstances, Private Photo Vault will keep Your Personal Information private, and will not share it with third parties.

  • Disclosure to Marketing Partners. Private Photo Vault does not provide User Content to marketing partners. User Content, including any image or video files, is stored locally on Your mobile device and not sent to Private Photo Vault.

    However, Private Photo Vault may utilize certain Personal Information to help our clients better understand the demographics of our target audiences as well as to support our marketing data products and services. We may also provide Personal Information to partner firms which may include third party marketing companies, affiliates, advertising agencies, and data aggregation companies. Such data may be used by the aforementioned partner firms to provide consumers with information on products and services that may be of interest in accordance with this privacy policy.

  • Disclosure in Connection with Service. Private Photo Vault discloses or authorizes limited access to Personal Information to those who help it provide services, including without limitation those who perform technical, administrative, and data processing tasks such as hosting, billing, fulfillment, and data storage and security.
  • Business Transfers; Bankruptcy. Private Photo Vault reserves the right to transfer all Personal Information in its possession to a successor organization in the event of a merger, acquisition, or bankruptcy or other sale of all or a portion of Private Photo Vault’s assets. Other than to the extent ordered by a bankruptcy or other court, the use and disclosure of all transferred Personal Information will be subject to this Privacy Policy, or to a new privacy policy if You are given notice of that new privacy policy and an opportunity to affirmatively opt-out of it. Personal Information submitted or collected after a transfer, however, may be subject to a new privacy policy adopted by Private Photo Vault’s successor organization.
  • Unpaid Accounts. If You fail to pay any balance owed in consideration of services, Private Photo Vault may, as permitted by law, report Your Personal Information, including without limitation Your unpaid balance, to consumer credit reporting services, collection agencies, and others.

·       By Law or to Protect Rights. Private Photo Vault discloses Personal Information when required to do so by law, or in response to a subpoena or court order, or when Private Photo Vault believes in its sole discretion that disclosure is reasonably necessary to protect the property or rights of Private Photo Vault, third parties, or the public at large.

  1. CONSENT TO RECEIVE ELECTRONIC COMMUNICATIONS FROM PRIVATE PHOTO VAULT

Without limitation, by registering for the Service and/or by providing Your name and email address through the Service, You hereby expressly consent to receive electronic and other communications from Private Photo Vault, over the short term and periodically, including email communications, regarding the Service, new product offers, promotions, and other matters. You may opt-out of receiving electronic communications at any time by (a) following the unsubscribe instructions contained in each communication; or (b) sending an email to SUPPORT [at] PRIVATEPHOTOVAULT [dot] COM.

  1. CONSENT TO RECEIVE ELECTRONIC COMMUNICATIONS FROM PRIVATE PHOTO VAULT PARTNER MARKETERS

Without limitation, by registering for the Service and/or by providing Your name and email address through the Service, You hereby consent to receive, and openly and knowingly solicit, electronic communications, including email communications, from Private Photo Vault partner firms which may include third party marketing companies, affiliates, advertising agencies, and data aggregation companies regarding their services, including offers, promotions, and other related matters. You may opt-out of receiving electronic communications at any time by (a) following the unsubscribe instructions contained in each communication; or (b) sending an email to SUPPORT [at] PRIVATEPHOTOVAULT [dot] COM.

  1. SECURITY OF PERSONAL INFORMATION

Private Photo Vault takes security seriously. We utilize commercially reasonable safeguards to protect against the unauthorized access, use, modification, destruction or disclosure of Your Personal Information. However, due to the realities of data security, Private Photo Vault is unable to guarantee that any information provided to us will not be accessed, hacked, disclosed, altered, or destroyed by unauthorized parties.

  1. LOST OR STOLEN INFORMATION

You must promptly notify us if Your credit, bank, other financial institution information, user name or password is lost, stolen, or used without permission. In such an event, we will remove that credit card number, bank account information, other financial institution information, user name, or password from Your account and updated our records accordingly.

  1. USER ABILITY TO ACCESS, UPDATE, AND CORRECT PERSONAL INFORMATION

Private Photo Vault wants Your Personal Information to be complete and accurate. As stated in the Terms of Use, by using the Service, You represent and warrant that all information You provide in connection with Your use of the Service is current, complete, and accurate, and that You will update that information as necessary to maintain its completeness and accuracy.

9. THIRD-PARTY WEBSITES

Private Photo Vault neither owns nor controls Third-Party Websites. Accordingly, Third-Party Websites are under no obligation to comply with this Privacy Policy except with respect to Personal Information provided directly to them by Private Photo Vault. Before visiting or providing Personal Information to a Third-Party Website, You should inform Yourself of the privacy policies and practices (if any) of that Third-Party Website, and should take those steps necessary to, in Your discretion, protect Your privacy.

10. PROMOTIONAL ACTIVITIES

From time to time, Private Photo Vault may conduct contests, giveaways, and other promotions (collectively, “Promotional Activities”). Any information submitted in connection with Promotional Activities will be treated in accordance with this Privacy Policy. From time to time, Private Photo Vault may also ask You to participate in surveys designed to help Private Photo Vault improve the Service. Any Personal Information provided to Private Photo Vault in connection with any survey will be used only in relation to that survey, and will be disclosed to third parties not bound by this Privacy Policy only in aggregated form.

11. UPDATES AND CHANGES TO PRIVACY POLICY

Although most changes are likely to be minor, Private Photo Vault reserves the right, at any time and without notice, to add to, update, change, or modify this Privacy Policy, simply by posting such update, change, or modification on this page. Any such addition, update, change, or modification will be effective immediately upon posting. Unless Private Photo Vault obtains Your express consent, any revised Privacy Policy will apply only to information collected after the effective date of such revised Privacy Policy, and not to information collected under any earlier Privacy Policy.

  1. BUSINESS TRANSITIONS
    In the event Private Photo Vault goes through a business transition, including without limitation any merger, acquisition, partnership, business reorganization, debt finance, or sale of company assets, or in the event of an insolvency, bankruptcy, or receivership, Private Photo Vault may use information collected in accordance with this privacy policy and subject to the restrictions herein, as part of any such business transition. In such instances, Your information can be part of the assets transferred.
  2. CALIFORNIA DO-NOT-TRACK DISCLOSURES

Without changing or revoking any of Your privacy protections contained in this privacy policy, it is not feasible at this juncture for Private Photo Vault to “respond” to a “do not track” signal as those terms appear in Cal. Bus. & Prof. Code §§ 22575(b)(5).
Effective Date: December 18, 2014