Privacy Policy - WordsEye Inc.

WordsEye offers an online content-creation and content-sharing service, available at the domain www.wordseye.com (the "Service" and the "Website," respectively), as described further in our Terms of Service.

We respect and are committed to maintain your privacy. This privacy policy and agreement (Privacy Policy) covers how we collect, use, and treat personal information that you may provide through our Website or while you participate in our Services. Our Privacy Policy applies to all users of our Website (collectively, you), including (i) casual visitors to our Site, who do not participate in the Services (Site Visitors, and (ii) users who register for and engage in the Services (Registered Users). The terms WordsEye, we, and us refer to WordsEye Inc.

YOUR CONSENT TO THE TERMS OF THIS PRIVACY POLICY CREATES LEGAL OBLIGATIONS FOR YOU AND FOR US. PLEASE READ SECTION 2 (YOUR CONSENT) TO LEARN WHAT CONSTITUTES "CONSENT" UNDER THIS PRIVACY POLICY. IF YOU DO NOT AGREE WITH THE TERMS OF THIS PRIVACY POLICY, PLEASE REFRAIN FROM USING OUR SITE.

Table of Contents

1. Navigating Our Privacy Policy
2. Your Consent
3. The Types of Information We Collect
4. Our Use of Personal Information
5. Disclosure of Personal Information
6. Our Collection and Use of Activities Information
7. Our Collection and Use of Aggregated Statistics
8. No Application to User-Supplied Content
9. Privacy Protection for Children
10. Opting Out
11. Access; Removing Information
12. Notice to California Residents
13. Do Not Track
14. Third-Party Sites
15. Security
16. Modifications to this Policy
17. Further Resources
18. Dispute Resolution
19. Definitions
20. Complete Agreement
21. Contact

1. Navigating Our Privacy Policy

It is important that you understand this Privacy Policy. To assist in your understanding, we have (i) divided this Privacy Policy into numbered sections, (ii) created a table of contents at the conclusion of this Policy, and (iii) provided a set of definitions to allow easy reference to the key concepts in this Policy.

2. Your Consent

Please read this Privacy Policy carefully; once you consent to this Policy's terms, it creates legal obligations on you and on WordsEye. We ask you to show your consent to the terms of this Privacy Policy in different ways, depending on your relationship to the Site. The procedures for consenting to this Policy are (a) less formal if you are simply a casual Site Visitor, and (b) more formal if you are seeking to become a Registered User on the Site.
IF YOU DO NOT AGREE WITH THE TERMS OF THIS PRIVACY POLICY, PLEASE REFRAIN FROM USING OUR SITE.

2.1. Consent by Site Visitor. By accessing and using our Site as a Site Visitor, you are acknowledging that you have read and understood this Privacy Policy and agree to be legally bound by it.

2.2. Consent by Registered Users. If you register as a user of our Site, you will be prompted to click an "I Accept" button linked to this Policy during the registration process. Clicking "I Accept" further confirms your agreement to be bound by this Privacy Policy.

3. The Types of Information We Collect

Information we may collect when you visit our Site or participate in our Services falls into three broad categories, as follows:

3.1. Personal Information. We use the term Personal Information to mean any information that could reasonably be used to identify you, including your name, address, e-mail address, birth date, or any combination of information that could be used to identify you. We collect and use Personal Information in the manner described in Section 4 (Our Uses of Your Personal Information). You can always decline to supply Personal Information, with the caveat that it may prevent you from engaging in certain Services.

3.2. Activities Information. We use the term "Activities Information" to refer to information collected by so-called "persistent identifiers" such as cookies and web beacons. Unlike Personal Information, Activities Information does not directly identify a particular person; the Information, however, is or can potentially be linked to a particular computer or device. Activities Information is collected and used in the manner described in Section 6 (Our Collection and Use of Activities Information) .

3.3. Aggregated Statistics. We use the term Aggregated Statistics to mean information that does not identify you and that is not linkable to a device or computer you use. Aggregated Statistics includes statistical information concerning, for example, (i) how users generally use our Services, (ii) which pages they visit most frequently; and (iii) which WordsEye-Supplied Visuals are most popular. Section 7 (Aggregated Statistics) describes our collection and use of Aggregated Statistics.

4. Our Use of Personal Information

You decide whether you wish to provide us with Personal Information. We may collect information from you at different points (for example, when you request more information from us or register a product you have purchased), and use this information as follows. WordsEye collects Personal Information only insofar as is necessary or appropriate to fulfill the purpose of your interaction with WordsEye.

4.1. Registration. We collect Personal Information when you register for the Service and set up your user account. This information includes username, real name, social media profile information, email address, and date of birth (for age-gating purposes in accordance with Section 9 (Privacy Protection for Children)). We use Personal information in connection with providing you with the Service.

4.2. Transactions. Those who engage in commercial transactions with WordsEye are asked to provide additional information, including as necessary the Personal Information and financial information (such as credit card number, expiration date and security code) required to process those transactions. This Information is used for billing purposes, filling orders and contacting you in the event that there is an issue with your order. Please note that WordsEye does not directly collect or store your financial account information; instead, we use a third party payment services provider to collect and process your payment information, as provided in our Terms of Service. As provided in Section 5.1 (Vendors), we have taken steps to ensure that the payment services provider protects Personal Information it collects from you in compliance with our Privacy Policy.

4.3. Verifying Your Identity. When you make purchases via the Website, or engage in other specific activities, we might ask you for additional Personal Information beyond what we originally received in order to verify your identity and process your request. This is designed to further protect you and to reduce the threat of identity theft and fraudulent requests.

4.4. Through Social Media Connectors. If authorized by you (for instance if you use Facebook to login to WordsEye), we may access and store profile and other Personal Information provided by other websites to provide the Service and to collect Aggregated Statistics. For Facebook we may collect and store your name, email address, date of birth, location, likes, list of friends. We do not gain access your Facebook password. We may also access and store your Facebook photos if you authorize us.

4.5. Communications to Us. If you send us an email with questions, comments or requests for additional information, or if you include your Personal Information when providing us with feedback, we may use your email address and other information included in your correspondence to respond to you.

4.6. Alerts and Other Notices. We will use your email address and other Personal Information to send you information concerning WordsEye, our Site, products, services, and other information that we think would be of interest . You will have the ability to opt out of receiving these materials as provided in Section 10 (Opting Out).

4.7. Surveys and Contests. We may periodically conduct surveys or contests through our Site, and request Personal Information from you in connection with these surveys and contests. We will use this Personal Information in connection with the surveys and contests, and for purposes of monitoring and improving our Site and our products and services. In the event that we wish to use Personal Information in a manner different from what is set out in our Privacy Policy, we will notify you of the relevant details when asking you to participate in the survey or contest.

4.8. Other Uses. In addition to the uses specifically identified in this Section 4 (Our Uses of Your Personal Information), we may use Personal Information you submit in any other manner we reasonably deem necessary in order to provide you with the information, goods and services you request from us via the Website.

5. Disclosure of Personal Information

We will not disclose Personal Information about you to third parties without your express consent, except in the following circumstances:

5.1. Vendors. We employ other companies to perform functions both on our and your behalf, such maintaining the Website, collecting information, sending and responding to electronic mail and other functions necessary to support WordsEye, the Website and the products and services that we offer (collectively, the "Vendors"). We will provide Vendors with only that Personal Information necessary to perform their functions and instruct them not to use Personal Information for any purpose inconsistent with this Policy. We require that our Vendors agree contractually to comply with privacy laws and to maintain protections for Personal Information consistent with this Policy.

5.2. Uploading Content to Social Media. When you use WordsEye to upload content to other websites (e.g. share on Facebook) we may submit some of your Personal Information to these websites, but only as necessary to provide the service you have requested.

5.3. Questions of Harm. We may disclose Personal Information about you on a case-by-case basis to attorneys, private investigation organizations, or law enforcement agencies if we believe that you are: (i) in risk of harm from another; (ii) harming or interfering (or will harm or interfere) with others; or (iii) violating (either intentionally or unintentionally) our Terms of Use or other legal obligations.

5.4. Legal. We will reveal Personal Information about you to the extent we reasonably believe we are required to do so by law. If we receive legal process calling for the disclosure of your Personal Information, we may attempt to notify you via the email address you provided (if any) within a reasonable time before we respond to the request, unless such notification is not permitted. In addition, we may share your Personal Information with third parties as otherwise permitted by law in order, for example, to protect against fraud, the confidentiality or security of our business records or to comply with applicable legal requirements.

5.5. Transfer of Ownership. We shall be entitled to transfer Personal Information to a third party in connection with a sale of all or substantially all of the assets of the entity responsible for the information under this Policy, provided the acquiring third party has agreed to safeguard your Personal Information with protections that in all material respects are the same as or more protective than those set out in this Privacy Policy.

6. Our Collection and Use of Activities Information

We and certain service providers operating on our behalf collect Activities Information about your activity on our Site. In addition, advertisers and other third parties might collect Activities Information via our Site. The following further summarizes the Activities Information that is collected, and the purposes for which the Information is used:

6.1. IP Addresses; Logs. Either directly, or through our hosting service provider, we may automatically receive and record information from your internet browser, including your IP address (the internet address of your PC), your computer's name, the type and version of your web browser, referrer addresses, where the computer is routing from and other generally-accepted log information. We may also record page views (hit counts) and other general statistical and tracking information that will be aggregated with information about other users in order to understand how our Website is being used, and for security and monitoring purposes.

6.2. Cookies. A cookie is a small amount of data that often includes an anonymous unique identifier that is sent to your browser from a website's computers and stored on your computer's hard drive. Cookies can be used to provide a tailored user experience and to make it easier to use a website upon a future visit. We may include cookies on our Website and use them to recognize you when you return to our Site. Service providers that collect Activities Information on our behalf may provide an opportunity for you to choose not to be tracked online. In addition, other third-party websites may recognize our cookies stored on your computer, and use that information to provide you with information related to the content of our Website. You may set your browser so that it does not accept cookies, though cookies must be enabled on your web browser if you wish to access certain personalized features of our Site.

6.3. Tags. We may use "pixel tags," -- small graphic images (also know as "web beacons", "single-pixel GIFS", or "web bugs") -- to tell us what parts of our Website have been visited, to measure the effectiveness of searches users perform on our Site and for other purposes. Pixel tags also enable us to send email messages in a format users can read, and inform us whether emails have been opened, to help ensure that our messages are of interest to recipients. None of this data includes Personal Information, and you can opt out of receiving these types of emails from us by following the directions provided in Section 10 (Opting Out). Personal Information collected using such tools will be subject to the terms of this Privacy Policy.

6.4. Click-Throughs. We may send emails that use a "click-through URL" linked to content on our Website. When you click one of these URLs, you pass through our web server before arriving at the destination web page. We track this click-through data to help determine interest in particular topics and measure the effectiveness of our communications. If you prefer not to be tracked simply do not click text or graphic links in the email, or notify us in accordance with Section 10 (Opting Out).

6.5. Banner Ads; Advertising Profiles. Our Site may include the use of ad banner partners for the serving and/or targeting of ads, promotions, and other marketing messages. These ads may be provided, in some cases, by a third party ad service provider or advertiser (collectively, "Advertisers"). These Advertisers may use traditional banner ads, or other advertising methods, such as advertising using profiles and related content. An Advertiser may place or utilize its own cookie on your browser and may use Activities Information about your visit to our Site, such as the number of times you have viewed an ad. If the Advertiser requests that you provide Personal Information to it, please be aware that the Advertiser's use and collection of this information will be governed by its privacy policy, and not our Privacy Policy. We recommend that you review the Advertiser's privacy policy before providing Personal Information. You may choose not to receive targeted advertising from certain ad networks, data exchanges, marketing analytics and other service providers as indicated at: http://www.aboutads.info/choices/

6.6. Placements. We may enter into arrangements that involve including in WordsEye-Supplied Visuals product placements for goods or services that are branded under third party trademarks (each a "Placement"). We may collect Activities Information related to impressions, Visuals, and other features of our Services that present or contain Placements. We may provide reports on this Information, in de-identified form, to brand owners and others to illustrate the impact of the Placements and for other business purposes.

6.7. Any Aggregated Statistics Linked with Personal Information is Protected as "Personal Information." To enable us to better understand your characteristics and/or to provide services tailored to your needs, we may link Personal Information with Activities Information (collectively, "Linked Information"). Linked Information will be treated and protected as Personal Information under this Privacy Policy.

6.8 Google Analytics. We use Google Analytics, a web analysis service provided by Google, to help us monitor and analyze User activity on the Site. Google Analytics collects Activity Information about your use of the Site, including your IP address, which pages you visit on the Site, and how much time you spend on the Site. Google may install Cookies (see section 6.2) to track your activity on the Site. Google might share Activity Data it collects with other Google Services to contextualize and personalize the ads of its own advertising network. Please refer to Google's website for further information on how Google collect and use data through Google Analytics. If you wish to opt-out of Google Analytics you can install a browser plugin to prevent tracking.

7. Our Collection and Use of Aggregated Statistics

We use Aggregated Statistics to analyze the effectiveness of our Site, to improve our Website, products, services, and for other purposes. For example, the fact that our Site users spend a majority of their time using certain Visuals, this information would constitute Aggregated Statistics, if that information does not identify a particular user. This information provides us with potentially useful data concerning our users' preferences and the efficacy and interest of our Site, products and services. In addition, we may undertake or commission statistical and other summary analyses of the general behavior and characteristics of Website users, and the use of our Website and related services, and may share Aggregated Statistics with third parties, including advertisers (if any). Rest assured that Aggregated Statistics provided to third parties will not allow anyone to identify you. We may collect Aggregated Statistics through features of the software supporting our Website through both the means described below and other means.

8. No Application to User-Supplied Content

Please keep in mind that our Privacy Policy does not govern information you choose to include in User-Supplied Content, as we have no direct control over the provision of this Content. Please use appropriate precautions in sharing your Personal Information via User-Supplied Content. Section 17 (Further Resources) provides additional guidance on good practices in this regard. If you are posting Personal Information concerning an individual other than yourself, be sure that you have permission from that individual to make the posting.

9. Privacy Protection for Children

Our Website is not directed at children and we will not accept or request Personal Information from individuals we know to be under 13 years old. In an excess of caution, we have age-gated certain features of our Site so that they are not available for use by children, and do not collect Personal Information or Activity Data on those areas of the Site that are not age-gated. In accordance with the Children's Online Privacy Protection Act ("COPPA"), if we learn that a child under 13 years old has provided Personal Information, we will either: (i) delete this information from our databases in accordance with our deletion procedures set out in Section 11 (Access; Removing Information), or (ii) obtain verifiable parental consent in accordance with COPPA. If you are a parent or legal guardian of a child under 13 years old, and you discover that your child has provided us with Person Information you can notify us via support.wordseye.com/contact and we will remove the information promptly in accordance with COPPA.

10. Opting Out

We allow you to opt out of receiving certain information. If we choose to send bulletins or other communications to you that you have not specifically requested from us, we will provide you with the ability to decline, or opt out of, receiving such communications. In addition, you have the option to unsubscribe to our Alerts, and we will take reasonable steps to comply with this request in a timely manner. Instructions for opting out will be provided if and when we determine to send such a communication. Please understand that you will not be allowed to opt out of formal notices concerning the operation of our Website, and legal and other related notices concerning your relationship to us and our Website.

11. Access; Removing Information

To allow you certain controls over your Personal Information, you can request us to change, update or delete Personal Information that you have previously submitted to us. To make such a request, please contact us as provided in Section 21 (Contact). We will take reasonable steps to verify your identity before fulfilling such requests. You may also delete your name and other Personal Information from our databases. Please understand, however, that it may be impossible to remove Personal Information completely due to system backups and records of deletions. In addition, if you request the deletion of your Personal Information, you will be unable to utilize the Services associated with that Personal Information. We will fulfill deletion requests within a reasonable time.

12. Notice to California Residents

If you are a California resident, California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your personal information by WordsEye to third parties for the third parties' direct marketing purposes. With respect to these entities, this privacy policy applies only to their activities within the State of California. To make such a request, please contact us as provided in Section 21 (Contact)

13. Do Not Track

Our Site does not change its behavior when receiving the Do Not Track signal from browser software.

14. Third-Party Sites

Our Site and certain communications we send to you might contain links to other sites. Please be aware that we are not responsible for the privacy practices or content of other sites. We encourage you to be aware when you leave our Site and to read the privacy policies of each website that collects Personal Information. This Privacy Policy applies solely to information collected on our Site and does not apply to information collected by a site operated by a third party. Rest assured, however, that Personal Information we receive from third-party sites will be treated by us as Personal Information pursuant to this Privacy Policy, unless such information is included with User-Supplied Content.

15. Security

We have put in place security systems, physical and technical safeguards, and quality controls designed to prevent unauthorized access to, or disclosure of, Personal Information (collectively, the "Security Safeguards"). Our Security Safeguards are structured to deter and prevent unauthorized users and others from accessing Personal Information. Please understand that our Security Safeguards are not fail-proof and, due to the nature of internet communications and evolving technologies, we cannot provide, and expressly disclaim (to the extent permitted by law), assurance that the Personal Information and other information we receive from or about you via the Website (including User-Supplied Content) will remain free from loss, misuse, or alteration by third parties who, despite our efforts, obtain unauthorized access. Please note that you play a key role in protecting the security of your Personal Information. For example, you should guard your password to our Website, and not give it to others to use. In addition, you should close your browser when have finished viewing your information on our Website in order to prevent others from viewing your Personal Information.

16. Modifications to this Policy

We reserve the right to change this Privacy Policy, and changes will be effective prospectively, when we post the revised Privacy Policy. Rest assured that we will not use your Personal Information in a manner materially different than promised at the time the Information was collected.

17. Further Resources

If you wish further information concerning privacy policies in general, and concerning online social networking and safety, you should visit the following site: http://www.ftc.gov/privacy/index.html

18. Dispute Resolution

Any disputes under this Privacy Policy will be governed by the mandatory arbitration provisions in our Terms of Service.

19. Definitions

The following are defined terms used in this Privacy Policy. Other defined terms can be found in our Terms of Service.

"Activities Information" means information that is linked or reasonably linkable to a particular computer or device but that is not, on its own, used to identify, contact, or precisely locate a particular individual. Activities Information can include IP addresses, cookies, web beacons, unique device IDs, and other identifiers.

"Aggregated Statistics " means data (i) that is not linked or reasonably linkable to an individual natural person or (ii) that is not linked or reasonably linkable to a particular computer or device.

"Display Image" means a static image generated by the WordsEye Software.

"Personal Information" means a natural person's name, address, telephone number, email address, or other data used to identify, contact, or precisely locate that natural person, as further provided in
Section 3.1 (Personal Information).

"Registered User" has the meaning provided in the introduction to Privacy Policy.

"Services" means all services available via the Website, including access and use of (i) the WordsEye Software; (ii) Premium Services and Premium Content; and (ii) Merchandise Services.

"User Images" means images and photos uploaded by a User, as part of a Premium Service.

"User-Supplied Content" means (i) User Text; (ii) User Images (where applicable); and (iii) user profiles.

"User Text" means text a user supplies in order to generate a Display Image.

"User", "you" or "your" means (i) Visitors; and (ii) Registered Users. Where applicable, the term "you" will refer to individuals who view or access WordsEye Images, and follow the dispute resolution and related procedures set out in these Terms.

"Visitor" means any visitor to our Website other than a Registered User.

"Visuals" means (i) images and photos; (ii) objects; (iii) lighting and other visual effects; (iv) 3D models, views of 3D scenes, and related data sets; (v) animations; (vi) outputs from graphics processing units ("GPUs") (if applicable); and (vii) software and technology (now known or hereafter invented) used to generate or modify the above.

"We," "us," and "our" means WordsEye Inc.

"Website" or "Site" means the website located at www.wordseye.com.

"WordsEye-Supplied Visuals" means (i) WordsEye Visuals and (ii) WordsEye Third Party Visuals.

"WordsEye Third Party Visuals" means Visuals licensed by a third party vendor to WordsEye for use in connection with the Services.

20. Complete Agreement

This Privacy Policy must be read in conjunction with our Terms of Service, and our Terms-of-Service are incorporated herein. To the extent the Terms of Serive confligt with the terms of this Privacy Policy, the terms of this Privacy Policy shall control.

21. Contact

If you have any questions or concerns about our privacy policies, please contact us:

type-a-picture@wordseye.com

Wordseye, Inc
189 Marcotte Lane
Bergenfield, NJ 07621


Privacy Policy version 6 - Last modified: November 1, 2016