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Privacy Policy

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© 2020 Dubsmash, Inc. All rights reserved.

California Privacy Rights & California Consumer Privacy Act Statement

If you are a California resident, you have the rights set forth in this California Consumer Privacy Act Statement (the “Statement”) in addition to our Privacy Policy. Please see the “Access, Deletion and Exercising Your Rights” section below for instructions regarding how to exercise these rights. As used in this Statement, “Personal Data” means any information that identifies or relates to a particular individual, including the information set forth in the “Information We Collect” section of the Privacy Policy and reiterated in the “Categories of Personal Data We Collect” section in this Statement below, and also includes information referred to as “personally identifiable information” or “personal information” under applicable data privacy laws, rules or regulations, including the California Consumer Privacy Act (“CCPA”). If there are any conflicts between this Statement and any other provision of the Privacy Policy and you are a California resident, the portion that is more protective of Personal Data shall control to the extent of such conflict. Any capitalized terms used herein but not defined shall have the meaning set forth in the Privacy Policy. If you have any questions about this Statement or whether any of the following rights apply to you, or if you have a disability and wish to access this Statement in an alternative format, please contact us at support@dubsmash.com.

1. Personal Data

Categories of Personal Data We Collect

This section details the categories of Personal Data that we collect and have collected over the past 12 months (as such categories are also reflected in the “Information We Collect” section of the Privacy Policy):

  • Personal Information
    • Examples of Personal Data We Collect: Name, age, date of birth, email address, social media login details, telephone number, photograph, username, and password.
    • Categories of Third Parties With Whom We Share this Personal Data for a Business Purpose:  Service providers and parties you authorize, access, or authenticate.
  • Usage Information
    • Examples of Personal Data We Collect:
      · Time, dates and extent of Platform usage.
      · Time zone, language, screen resolution, and Platform usage preferences.
      · Device keyboard settings, device ID, and domain server.
      · User Accounts and/or User Content you view, like, comment on, share, follow, message, add memes to, and otherwise interact with, as well as the foregoing that other Users do with respect to your Account and/or User Content.
      · Usage history such as areas and pages within the Platform that you access or use and/or which buttons in the Platform you click on and other web page interactions.
      · Search terms you type in on the Platform.
      · URL or advertisement that may have referred you to the Platform or through which you access the Platform.
      · Search terms you entered into a search engine or app store that may have led you to the Platform.
      · Mobile platform or service provider you use and statistics associated with the interaction between device or browser and the Platform.
      · Browser type, operating system, Internet Protocol (IP) address, referring/exit pages, and your push notification token.
    • Categories of Third Parties With Whom We Share this Personal Data for a Business Purpose:  Service providers and parties you authorize, access, or authenticate.
  • Behavioral Information
    • Examples of Personal Data We Collect:
      · Contact or subscriber information, which is linked with your activity on the Platform across all your devices using your email or social media log-in details.
      · Engagement scores (“likes”, comments, repeated views).
      · Related Users based on your Platform behavior.
      · Opt-ins and communication preferences.
    • Categories of Third Parties With Whom We Share this Personal Data for a Business Purpose:  Service providers and parties you authorize, access, or authenticate.
  • Location Data
    • Examples of Personal Data We Collect: If you chose to opt in, information about your location when accessing and/or using the Platform, including Global Positioning System (GPS) data and mobile device location information.
    • Categories of Third Parties With Whom We Share this Personal Data for a Business Purpose:  Service providers and parties you authorize, access, or authenticate.
  • Metadata
    • Examples of Personal Data We Collect:
      · Data that shows how, when and by whom a piece of User Content was collected and how that User Content is formatted.
      · Data that enables other Users to trace back the User Content to your Account.
      · Data that you chose to provide (e.g., any hashtags used to mark keywords to the User Content).
    • Categories of Third Parties With Whom We Share this Personal Data for a Business Purpose:  Service providers and parties you authorize, access, or authenticate.
  • Third Party Information
    • Examples of Personal Data We Collect: Information about you that we may receive from third parties.
    • Categories of Third Parties With Whom We Share this Personal Data for a Business Purpose:  Service providers and parties you authorize, access, or authenticate.
  • Messages and User Content
    • Examples of Personal Data We Collect:
      · Information you provide in the context of composing, sending, or receiving messages (that means the content as well as information about when the message has been sent, received and/or read and the participants of the communication).
      · User Content (videos, sound files, comments, uploads, posts).
    • Categories of Third Parties With Whom We Share this Personal Data for a Business Purpose:  Service providers and parties you authorize, access, or authenticate.

Categories of Sources of Personal Data

We collect Personal Data about you from the following categories of sources:

  • You
    • When you provide such information directly to us.
      • When you create an Account or use our interactive tools and Platform.
      • When you voluntarily provide information in free-form text boxes through the Platform or through responses to surveys or questionnaires.
      • When you send us an email or otherwise contact us.
    • When you use the Platform and such information is collected automatically.
      • Through Cookies (defined in the “Cookies and Other Tracking Technologies” section of the Privacy Policy).
      • If you download our mobile application or use a location-enabled browser, we may receive information about your location and mobile device, as applicable.
      • If you download and install certain applications and software we make available, we may receive and collect information transmitted from your computing device for the purpose of providing you the Platform, such as information regarding when you are logged on and available to receive updates or alert notices.
  • Third Parties
    • Service Providers. For example, we may use analytics Service Providers to analyze how you interact and engage with the Platform, or third parties may help us provide you with customer support. We may also receive information about you from some of our vendors who assist us with marketing or promotional services related to how you interact with our websites, applications, products, services, Platform, advertisements or communications.
    • Social networks connected to the services. If you provide your social network account credentials to us or otherwise sign in to the Platform through a third-party site or service, some content and/or information in those accounts may be transmitted into your Account with us.

Our Commercial or Business Purposes for Collecting Personal Data

We collect the Personal Data noted above for the purposes described in the “Use of Information” section of the Privacy Policy.

2. How We Share Your Personal Data

We disclose your Personal Data that we collect (as stated in the “Information We Collect” section of the Privacy Policy and the chart above) to the categories of Service Providers and other parties described in the “Information We May Share with Third Parties” section of the Privacy Policy and below, for the purposes as described below and the “Information We May Share with Third Parties” section of the Privacy Policy:

  • Service Providers
    • These are third parties that help us provide our Platform or perform business functions on our behalf, including payment processors, ad networks, security and fraud prevention providers, hosting and other technology and communications providers, analytics providers, and staff augmentation and contract personnel. We may also share Personal Data with Service Providers that help us market our services and provide you with other offers that may be of interest to you, including ad networks, data brokers, and marketing providers.
  • Parties You Authorize, Access or Authenticate
    • Social media services (if you intentionally interact with them through your use of the Platform).
    • Third-party business partners who you access through the Platform.
    • Other parties authorized by you.

Legal Obligations

We may also share any Personal Data that we collect with third parties in conjunction with any of the activities set forth under the last bullet point of “Information We May Share With Third Parties” section of the Privacy Policy.

Business Transfers

All of your Personal Data that we collect may be transferred to a third party if we undergo a merger, acquisition, bankruptcy or other transaction in which that third party assumes control of our business (in whole or in part). Should one of these events occur, we will make reasonable efforts to notify you before your information becomes subject to different privacy and security policies and practices.

3. Access, Deletion, and Exercising Your Rights

Access

You have the right to request certain information about our collection and use of your Personal Data over the past 12 months. In response, we will provide you with the following information:

  • The categories of Personal Data that we have collected about you.
  • The categories of sources from which that Personal Data was collected.
  • The business or commercial purpose for collecting or selling your Personal Data.
  • The categories of third parties with whom we have shared your Personal Data.
  • The specific pieces of Personal Data that we have collected about you.

If we have disclosed your Personal Data to any third parties for a business purpose over the past 12 months, we will identify the categories of Personal Data shared with each category of third party recipient. If we have sold your Personal Data over the past 12 months, we will identify the categories of Personal Data sold to each category of third party recipient.

Deletion

You have the right to request that we delete the Personal Data that we have collected about you. Under the CCPA, this right is subject to certain exceptions: for example, we may need to retain your Personal Data to provide you with the Platform or complete a transaction or other action you have requested. If your deletion request is subject to one of these exceptions, we may deny your deletion request.

Exercising Your Rights

To exercise the rights described above, you or your Authorized Agent (defined below) must send us a request that (1) provides sufficient information (including login credentials) to allow us to verify that you are the person about whom we have collected Personal Data, and (2) describes your request in sufficient detail to allow us to understand, evaluate and respond to it. Each request that meets both of these criteria will be considered a “Valid Request.” We may not respond to requests that do not meet these criteria. We will only use Personal Data provided in a Valid Request to verify your identity and complete your request. You do not need an account to submit a Valid Request. We will work to respond to your Valid Request within 45 days of receipt. We will not charge you a fee for making a Valid Request unless your Valid Request(s) is excessive, repetitive or manifestly unfounded. If we determine that your Valid Request warrants a fee, we will notify you of the fee and explain that decision before completing your request.
You may submit a Valid Request using the following methods:

  • Email us at: support@dubsmash.com
  • Mail us a written request at this address: Dubsmash, Inc., 85 Delancey St., New York, NY 10002.

You may also authorize an agent (an “Authorized Agent”) to exercise your rights on your behalf. To do this, you must provide your Authorized Agent with written permission to exercise your rights on your behalf, and we may request a copy of this written permission from your Authorized Agent when they make a request on your behalf.

4. Personal Data Sales

We will not sell your Personal Data, and have not done so over the last 12 months. To our knowledge, we do not sell the Personal Data of minors under 16 years of age.

5. We Will Not Discriminate Against You for Exercising Your Rights Under the CCPA

We will not discriminate against you for exercising your rights under the CCPA. We will not deny you our goods or services, charge you different prices or rates, or provide you a lower quality of goods and services if you exercise your rights under the CCPA. However, we may offer different tiers of our Platform as allowed by applicable data privacy laws (including the CCPA) with varying prices, rates or levels of quality of the goods or services you receive related to the value of Personal Data that we receive from you.