Privacy Policy
Last Revised: November, 2015
WebyClip Ltd. (“WebyClip”, “we”, “our” or “us“) welcomes you (the “Creator(s)” or “you”) to our website at www.webyclip.com (the “Site”) and to our online campaign platform (the “Services”).
Capitalized terms which are not defined herein, shall have the meaning ascribed to them in our Terms of Use available at www.webyclip.com/terms which this Privacy Policy is incorporated thereto by reference (together, the “Terms”).
BY ACCESSING THE SITE AND/OR SERVICES AND/OR USING THE SITE AND/OR SERVICES, YOU AGREE TO THE TERMS AND CONDITIONS SET FORTH IN THIS PRIVACY POLICY (THE “PRIVACY POLICY”), INCLUDING TO THE COLLECTION AND PROCESSING OF YOUR PERSONAL INFORMATION (AS DEFINED BELOW). IF YOU DISAGREE TO ANY TERM PROVIDED HEREIN, YOU MAY NOT USE THE SERVICES.
1. Information We May Collect
We may collect two types of data and information from our Creators. The first type of information is non-identifiable and anonymous information (“Non-Personal Information”). We are not aware of the identity of the Creator from which we have collected the Non-Personal Information. Non-Personal Information is any unconcealed information which is available to us while Creators are using the Services. Non-Personal Information which is being gathered consists of technical information and behavioral information, and may contain, among other things, the activity of the Creator on the Services, and anonymized statistics from the Creator’s social media account (the “Social Media Account”), including without limitation the Creator’s popularity, the content and description of Creative on Creator’s Social Media Account.
The second type of information is individually identifiable information (“Personal Information”). This information may identify an individual or may be of a private and/or sensitive nature such as Creator’s name, email address and public profile in Social Media Account mainly for operating the Services and enhancing the Creator’s experience and for geo-location and security purposes as further detailed below and any independently Creator-provided personal details.
For avoidance of doubt, any Non-Personal Information connected or linked to any Personal Information shall be deemed as Personal Information as long as such connection or linkage exists.
We do not collect any Personal Information from you or related to you without your approval, which is obtained, inter alia, through your active acceptance to the Terms.
HOW WE COLLECT INFORMATION ON OUR CREATORS
There are two main methods we use:
(1) Use of the Services. When you use the Services, we collect Non-Personal Information derived from information we receive from third party providers, as well as information we receive from your social media interface. We also collect Non-Personal Information when you access or use the Services. In other words, we are aware of your usage of the Services and may gather, collect and record the information relating to such usage, either independently or through the help of third-party Services as detailed below.
We will collect Personal Information when you register for use of the Services either by information you input directly.
IT IS THE YOUR SOLE RESPONSIBILITY TO OBTAIN ANY AND ALL CONSENTS REQUIRED UNDER ANY APPLICABLE LAWS, REGARDING THE ACCESSSING OF ANY PERSONAL INFORMATION OF OTHERS WHICH IS PART OF THE SERVICES, AND TO ADHERE TO ANY APPLICABLE STATE AND FEDERAL LAWS REGARDING SUCH INFORMATION.
(2) Voluntarily Provided. We collect Personal Information which you voluntarily provide when you use the Services. By registering for an Account you must provide us with your name, email address, and access to Creator’s social media account. We may store the Personal Information and Non-Personal Information either independently or through our authorized third-party Services providers as detailed below.
HOW WE USE YOUR INFORMATION
Your information is collected for purposes, which include without limitation the following: (i) to provide you with and operate the Services, including for matching your Creative with the appropriate brands and Brand Website; (ii) to develop, improve and custom the Services and offering available through the Services; (iii) to be able to contact Creator for the purpose of providing them with technical assistance, support, and collect feedback; (iv) to be able to reply to Creator’s online queries or governmental agencies’ requests; (v) for customization and improvement of the Services’ accuracy and interface; and (vi) to comply with any applicable rule or regulation.
SHARING INFORMATION WITH THIRD PARTIES
WebyClip will not share any Personal Information it collects with any third party. Notwithstanding, WebyClip may disclose Personal Information in the following cases: (i) to satisfy any applicable law, regulation, legal process, subpoena or governmental request; (ii) to enforce this Privacy Policy and/or the Terms of Use, including investigation of potential violations thereof; (iii) to detect, prevent, or otherwise address fraud, security or technical issues; (iv) to respond to Creator’s support requests; (v) respond to claims that any content available on WebyClip’s Services violates the rights of third-parties; (vi) to respond to claims that contact information (e.g. name, e-mail address, etc.) of a third-party has been posted or transmitted without their consent or as a form of harassment; (vii) to protect the rights, property, or personal safety of WebyClip, its Creators, or the general public; (viii) when WebyClip is undergoing any change in control, including by means of merger, acquisition or purchase of all or substantially all of its assets; or (ix) to collect, hold and/or manage your Personal Information through WebyClip’s authorized third party Services providers, as reasonable for business purposes, which may be located in a country that does not have the same data protection laws as your jurisdiction; (x) pursuant to your explicit approval prior to the disclosure; (xi) cooperate with third parties for the purpose of enhancing the Creator’s experience; or (xii) to authorized third party service providers solely for the purpose of providing you with the Services.
For avoidance of doubt, WebyClip may transfer and disclose or otherwise use Non-Personal Information or information which is linked to anonymous random identifiers or information that is aggregated in a non-identifiable way, at its own discretion.
DELETION OR MODIFICATION OF PERSONAL INFORMATION
If for any reason you wish to modify or delete your Personal Information please contact us at: www.webyclip.com/terms , and we will make reasonable efforts to modify or delete any such Personal Information pursuant to any applicable privacy laws. It is your sole responsibility to store any of your Creative provided via the the WebyClip Services.
Note that unless you instruct us otherwise we may retain your Personal Information for a period of seven (7) years. Please note, upon request to delete your account, WebyClip may depersonalize your Account activity history for the purpose of enhancing and improving our Services.
THIRD PARTY SOFTWARE/SERVICES
While using the Services we may be using third party software and/or Services for various needs, inter alia, in order to collect and/or process the information detailed herein (the “Third Party Services Provider”). Furthermore, WebyClip using Third Party Services Providers for facial recognition technology allowing for the WebyClip Services. Note that these are independent software and/or Services providers and WebyClip does not take any liability about the information collection policies of these providers, or about any kind of issue, legal or otherwise, relating thereto. Third Party Services Provider’s includes without limitation, Rackspace Network, which privacy policy is available at http://www.rackspace.com/information/legal/aup/.
USE OF COOKIES
When you access or use our Site, the WebyClip may use industry-wide technologies such as “cookies” (or similar technologies), which store certain information on your computer (“Local Storage”) and which will allow us to enable automatic activation of certain features, and make your Services experience much more convenient and effortless. The cookies will assist the WebyClip to enable automatic diagnosis by the application. It is easy to prohibit the Local Storage. Most browsers will allow you to erase cookies from your computer’s hard drive, block acceptance of cookies, or receive a warning before a cookie is stored. However, if you block or erase cookies your online experience may be limited.
DIRECT MARKETING
You hereby agree that we may use your contact details for the purpose of informing you regarding our products and Services, which may interest you, and to send to you other marketing material, transmitted to the email address or to the mobile device. You may withdraw your consent contacting us at: www.webyclip.com/terms
SECURITY
We take a great care in implementing and maintaining the security of WebyClip’s Services and its Creator’s Personal Information. WebyClip employs industry standard procedures and policies to ensure the safety of its Creators’ Personal Information, and prevent unauthorized use of any such information. We do not, however, guarantee that unauthorized access will never occur.
PROTECTING CHILDREN
The WebyClip Services are not directed to children and we do not knowingly collect information from children. If you have any information regarding a use of a minor under the age of eighteen (18) please let us know at: www.webyclip.com/terms
You must be at least eighteen (18) years of age to use the WebyClip Services. By agreeing to these Terms, you represent and warrant to us: (i) that you are at least eighteen (18) years of age; (ii) that you have not previously been suspended or removed from the WebyClip Services; and (iii) that your registration and your use of the WebyClip Services is in compliance with any and all applicable laws and regulations. Please note that in certain jurisdiction a minor may be defined differently and that several jurisdictions may prohibit taking pictures of minors.
CHANGES TO THE PRIVACY POLICY
The terms of this Privacy Policy will govern the use of the Services and any information collected therein. WebyClip reserves the right to change this policy at any time, so please re-visit this page frequently. In the event of any substantial change of this policy, we will make reasonable efforts to post a clear notice on the Site. Such substantial changes will take effect seven (7) days after such notice was provided on our Services or sent by email. Otherwise, all other changes to this Privacy Policy are effective as of the stated “Last Revised” date and your continued use of the Services after the Last Updated date will constitute acceptance of, and agreement to be bound by, those changes.
ADDITIONAL INFORMATION AND CONTACT US
If you have any questions (or comments) concerning this Privacy Policy, you are welcome to send us an email at: www.webyclip.com/terms and we will make an effort to reply within a reasonable timeframe.
By contacting WebyClip you warrant and agree that you are free to do so, and that you do not provide WebyClip with information, which violate any third party intellectual rights (the “Information”). Without degrading from the aforesaid, all rights, including intellectual property, arising from the communication will be owned by WebyClip and will be considered as WebyClip’s confidential material. It is clarified that any use of the Information, will be done in WebyClip’s sole discretion, and WebyClip is not obligated to use all or part of this Information.