PRIVACY POLICY

This is the privacy policy ("Privacy Policy") that governs how we, The Picturalist Inc. (together with any affiliates, "Picturalist Inc.", "we", "our" or "us"), use Personal Information (defined below) that we collect, receive and store about individuals in connection with the use of:

(i) The Picturalist Inc. mobile software application (together with its content and services, the "App");

and/or (ii) the website www.thepicturalist.com and any other website that we operate (each, together with its subdomains, content and services, a "Site"). The App and Site are individually and collectively referred to herein as the "Service".

1- INTRODUCTION

We have implemented this Privacy Policy because your privacy, and the privacy of other Service users, is important to us.

We provide this Privacy Policy explaining our online information practices and the choices you can make about the way your Personal Information is collected and used in connection with the Service.

“Personal Information” means any information that may be used, either alone or in combination with other information, to personally identify, locate, or contact an individual, including, but not limited to, a first and last name, a personal profile, an email address, a home or other physical address, or other contact information.

2- CONSENT AND MODIFICATION

This Privacy Policy forms part of the Site’s Terms of Use, available at www.thepicturalist.com/general-terms-conditions and/or the App’s End User License Agreement (collectively, the "Terms"). Capitalized terms not defined herein shall have the meaning ascribed to them in the Terms. By using the Service, you consent to the terms of this Privacy Policy and to The Picturalist Inc.' processing of Personal Information for the purposes set forth herein. If you do not agree to this Privacy Policy, please do not use the Service. We reserve the right, at our discretion, to change this Privacy Policy at any time. Such change will be effective ten (10) days following posting of the revised Privacy Policy on the Site or the App, and your continued use of the Service thereafter means that you accept those changes.

3- RECEIPT AND COLLECTION OF INFORMATION

We receive and/or collect Personal Information from you in the following ways:

3.1 Account Registration. In order to use the Service and/or certain features, you may be required to register an account (“ Account ”). We may collect certain Personal Information from you as part of the Account registration process, such as your email address and other designated information. You can also register an Account by clicking on a sign-in box that we display on the Service for Facebook or other designated third party websites with which you may have registered an account with (each a "Third Party Account"). Doing so will enable you to link your Account and your Third Party Account. If you choose this option, then a Third Party Account pop-up box will appear which you will need to approve in order to proceed, and which will describe the types of information that we will obtain from, and the types of activities that we may perform in connection with, your Third Party Account. Please note that in order to use this option, you will need to have, and may need to be signed-in to, an existing Third Party Account.

3.2 'Contact Us' Information. If you choose to send us a "Contact Us" request, whether by submitting an online form that we make available on the Service, or by sending an email to an email address that we display on the Service, you may be required to provide us with certain Personal Information such as your name and email address. You may also choose to provide us with additional Personal Information.

3.3 Purchases. The Service may include the option to purchase certain products or services from us. We use the tools, software or services of third-party service providers (such as PayPal or the Apple Store Kit) to process transactions on our behalf. You acknowledge and agree to review and be bound by the terms of use and privacy policy of said third party service providers.

3.4 Site Cookies, Log-Files and Tracking Technologies. The Site may utilize "cookies", log-files and other tracking technologies. A "cookie" is a small text file that may be used, for example, to collect information about Site activity. Some cookies and other technologies may serve to recall Personal Information previously indicated by a Site user. Most browsers allow you to control cookies, including whether or not to accept them and how to remove them. You may set most browsers to notify you if you receive a cookie, or you may choose to block cookies with your browser.

3.5 App Log-Files and Other Tracking Technologies. We may collect limited information from your mobile device in order to provide the Service. Such information may include your mobile device type, mobile device id, and date and time stamps of App use. In addition, we may deploy tracking technologies within the App to help us gather aggregate statistics, but we will not use Personal Information for such purposes.

4- PUBLICLY AVAILABLE INFORMATION

4.1 User Submissions. The Service may permit you and other users to post, publish and transmit information, video, image, data, text, documents, and other content (such as works of art to be sold via the Service) onto public areas of the Service ("User Submissions"). You acknowledge and agree that User Submissions will become publicly published content and will be available to other Service users and third parties to view. This is the case even if your User Submission contains Personal Information.

4.2 Public Profile. If you are an artist submitting works to be sold via the Service, you may be able to build a public profile in connection with your Account ("Public Profile"). Your Public Profile may include your name and other Personal Information that you choose to include. Your Public Profile will be publicly available to other Service users and third parties. You may use the tools that we make available on the Service to change and update the information that you have included in your Public Profile.

4.3 Contact Information. Please note that if you publish your contact information in your Public Profile, you may receive unsolicited messages from third parties which will be out of our control and which we are not be responsible. We therefore encourage you to post and publish only information you are sure you want to be accessible to anyone.

5- THE WAY WE USE PERSONAL INFORMATION

If you submit or if we collect Personal Information through the Service, then such Personal Information may be used in the following ways:

5.1 We will use your Personal Information to provide and improve the Service and any other services to you, to contact you in connection with the Service, programs or offerings that you may have registered for, and to identify and authenticate your access to the parts of the Service and services that you are authorized to access.

5.4 We may send you in-App notifications regarding the App, our services and third party advertisements.

5.5 We may use your designated contact details (such as your email address) to send you updates, a newsletter or news regarding the Service and our products and services, or to contact you in response to a "Contact Us" request.

5.6 We may transfer your Personal Information to our subsidiaries or affiliated companies for the purpose of storing or processing such information on our behalf. Such information may be transferred to other countries around the world. We require that these parties agree to process such information in compliance with our Privacy Policy.

5.7 We may transfer your Personal Information to our third party service providers (such as a hosting provider), but only to provide our services to you. Such information may be transferred to other countries around the world. We use commercially reasonable efforts to only engage or interact with third party service providers that post a Privacy Policy governing their processing of Personal Information.

5.8 We may disclose your Personal Information or any information you submitted via the Service if we have a good faith belief that disclosure of such information is helpful or reasonably necessary to: (i) comply with any applicable law, regulation, legal process or governmental request; (ii) enforce our Terms including investigations of potential violations thereof; (iii) detect, prevent, or otherwise address fraud or security issues; or (iv) protect against harm to the rights, property or safety of Picturalist Inc., its users, yourself or the public.

6- USE OF ANONYMOUS INFORMATION

We may use Anonymous Information (as defined below) or disclose it to third party service providers in order to improve our services and enhance your experience with the Service. We may also disclose Anonymous Information (with or without compensation) to third parties, including advertisers and partners, for purposes including, but not limited to, targeted advertisements. "Anonymous Information" means information which does not enable identification of an individual user, such as aggregated information about the use of our Services. 

7- OPTING OUT

You may choose not to receive future promotional, advertising, or other Service-related emails from us by selecting an unsubscribe link at the bottom of emails that you receive from us. Please note that even if you opt out of receiving the foregoing emails, we may still send you a response to any "Contact Us" request as well as administrative emails that are necessary to facilitate your use of the Service. 

8- CHOICE

At all times, you may choose whether or not to provide or disclose Personal Information. The notices that we provide on the Service in circumstances where we collect Personal Information should help you to make this choice. If you choose not to provide the Personal Information we request, you may still visit parts of the Service, but you may be unable to access certain options, programs, offers, and services that involve our interaction with you.

9- ACCESS / ACCURACY

To the extent that you do provide us with Personal Information, Picturalist Inc. wishes to maintain accurate Personal Information. You may use the tools that we make available in the Service to remove or modify certain information in your Account or Public Profile. If you would like to correct a material inaccuracy in any of your other Personal Information that we may be storing, you may submit an access request by sending an email to info@thepicturalist.com. Your email should include adequate details of your request.

10- LINKS TO OTHER SITES

The Site may contain links to third party websites that are not owned or controlled by Picturalist Inc.. We are not responsible for the privacy practices or the content of third party websites, and you visit them at your own risk.

11- CHILDREN'S PRIVACY

The Service is not structured to attract individuals under the age of 13. Accordingly, we do not intend to collect Personal Information from anyone we know to be under. 

12- SECURITY

The security of Personal Information is important to us. We follow generally accepted industry standards, including the use of appropriate administrative, physical and technical safeguards, to protect the Personal Information submitted to us. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security. If you have any questions about security on the Service, you can contact us at info@thepicturalist.com.

13- MERGER, SALE OR BANKRUPTCY

We reserve the right to transfer or assign Personal Information if we are acquired by, or merged with, a third party entity or in the event of bankruptcy or a comparable event, to a party that is related to the foregoing event.

14- YOUR CALIFORNIA PRIVACY RIGHTS

California Civil Code Section 1798.83 permits customers of The Picturalist Inc. who are California residents to request certain information regarding its disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please send an email to info@thepicturalist.com. Please note that we are only required to respond to one request per customer each year.

15- COMMITMENT

We are committed to protecting your privacy. Protecting your privacy online is an evolving area, and we are constantly evolving our Service to meet these demands. If you have any comments or questions regarding our Privacy Policy, please contact us at info@thepicturalist.com.

Last modified: July 22th, 2022