Last revised 2/28/2017
Truepic, Inc. (“TRUEPIC”, “we”, “our”) operates and maintains the TRUEPIC service, which includes, but is not limited to, TRUEPIC’S: (i) website (https://truepic.com) and all its subdomains, and all other websites owned, operated or maintained, directly or indirectly, by TRUEPIC and its affiliated companies, (ii) mobile applications, (iii) online mobile application management platform, (iv) social media platforms (together, the “TRUEPIC Sites”), and (v) related software, applications, features, data, content, products, and services, which may include services provided by third parties (collectively, the “TRUEPIC Service”).
1. Information Collection
We collect and store a variety of information from and about you when you visit the TRUEPIC Sites and use the TRUEPIC Service. Some information is personal and some is not. It is important that you understand what information we collect when you use the TRUEPIC Service from a computer or a mobile device and what we may do with that information.
a. Personally Identifiable Information
TRUEPIC does not collect personally identifiable information (“Personally Identifiable Information” or “PII”) unless you voluntarily provide it to us. We do, however, ask for PII in certain circumstances, such as when you set up a user account (“Account”).
Providing PII to TRUEPIC is voluntary, however, if you opt not to provide certain PII to TRUEPIC, you may be unable to access all functions of the TRUEPIC Service, including but not limited to, creating an Account. In addition, you may be asked to submit your PII when contacting us about questions, inquiries or concerns or to provide services or support. When using the TRUEPIC Service, metadata or technical data associated with User Content, such as the date, time, device, and location of the User Content is captured and stored with the User Content.
When you use the TRUEPIC Service, we may collect and process information about your actual location. We use various technologies to determine location, including IP address, GPS and other sensors that may, for example, provide TRUEPIC with information on nearby devices, Wi-Fi access points and cell towers. Some Metadata, which may include PII, will be made public if you share your User Content. You acknowledge that the purpose of the TRUEPIC Service is to make your User Content, and the Metadata, including location information, publicly available through a URL that can be shared and accessed by third parties. If you do not wish to have your location information shared, do not use the TRUEPIC Service.
b. Information that is Non-PII
Information that is gathered when you visit the TRUEPIC Service is not necessarily PII. Information that does not identify you personally, such as your IP address, operating system, browser type and language, date and time of your visit, ISP, referring URL, website pages most frequently accessed, search terms entered, your geographic region, industry, the type of content you view, etc. is Non-Personally Identifiable Information (“Non-PII”). We use Non-PII to help administer the TRUEPIC Service and we reserve the right to share, sell or trade aggregated Non-PII with third parties. As stated earlier, Non-PII does not identify you individually. When Non-PII and PII are combined, we refer to this as PII and the combined information will be treated by TRUEPIC as PII hereunder as long as it is so combined.
2. Use and Sharing of PII
a. To Provide the TRUEPIC Service. In order to provide you the TRUEPIC Service, we may use your PII to:
- Register your Account
- Authenticate and store the creator, date, time, device, and location of where User Content is captured
- Make your User Content and the Metadata, including location information, publically available through a URL that can be shared and accessed by third parties
- Automatically update the TRUEPIC mobile application on your device
- Verify information that you provide to us as well as the representations and warranties you agree to in the Terms of Service
b. Parties with whom you may choose to share your User Content. Any information or content that you voluntarily disclose for posting to the TRUEPIC Service, such as User Content and metadata associated with User Content, becomes available to the public. Once you have shared User Content or made it public, that User Content may be re-shared by others. If you remove information that you posted to the TRUEPIC Service, copies may remain viewable in cached and archived pages of the TRUEPIC Service, or if other users or third parties using the TRUEPIC Service have copied or saved that information.
c. Improve our products and your experience on the TRUEPIC Service. TRUEPIC may store, process and use your PII in order to carry out the purpose for which such information was provided, including but not limited to, evaluate the use of the TRUEPIC Service, products and services, enhance your experience on the TRUEPIC Service (including tailoring it to your preferences), and for the general promotion, marketing, and advertising activities related to the TRUEPIC Service, products and services that TRUEPIC makes available from time to time.
d. Sharing with Third Parties. Your PII may be shared with third parties as stated herein and you acknowledge that such third parties may not be governed by the same policies as the TRUEPIC Service. Certain services available on the TRUEPIC Service may be provided by third parties, including without limitation, affiliates, sub-contractors, authorized vendors, data processors, email marketing companies, customer support specialists, Web hosting companies and fulfillment companies (“Service Providers”), and TRUEPIC may provide your PII to such third parties in order to deliver the TRUEPIC Services to you. These Service Providers will be given access to your information as is reasonably necessary to provide the TRUEPIC Service under reasonable confidentiality terms.
e. Transfer of PII. TRUEPIC may transfer, sell, assign or otherwise dispose of or encumber PII to third parties in connection with the sale, merger, consolidation, change in control, transfer of all or some assets, bankruptcy, reorganization or liquidation of TRUEPIC. In such case, you would not be entitled to any compensation arising from any such transfer, sale, assignment, disposition or encumbrance of your PII. Finally, TRUEPIC may disclose PII when required to do so under applicable law, including but not limited to comply with a legal requirement, judicial proceeding court order or legal process served on us; to investigate a possible crime, such as fraud or identity theft; or when we believe it is appropriate to do so to protect the rights, property, or safety of our company or other persons.
f. Responding to legal requests and preventing harm. We may access, preserve and share your information in response to a legal request (like a search warrant, court order or subpoena) if we have a good faith belief that the law requires us to do so. This may include responding to legal requests from jurisdictions outside of the United States where we have a good faith belief that the response is required by law in that jurisdiction, affects users in that jurisdiction, and is consistent with internationally recognized standards. We may also access, preserve and share information when we have a good faith belief it is necessary to: detect, prevent and address fraud and other illegal activity; to protect ourselves, you and others, including as part of investigations; and to prevent death or imminent bodily harm. Information we receive about you may be accessed, processed and retained for an extended period of time when it is the subject of a legal request or obligation, governmental investigation, or investigations concerning possible violations of our terms or policies, or otherwise to prevent harm.
3. Your Account and Communication Settings
You are not required to provide PII when visiting the TRUEPIC Sites, however, many of the features of the TRUEPIC Service may not be available to you if you choose not to create an Account or, at other times, not to provide certain requested information. If you do not wish to receive marketing emails from TRUEPIC (except emails related to customer service or your Account), please let us know by (i) contacting us through one of the methods described on our Contact Us page (ii) by clicking on the unsubscribe link within any marketing e-mail you receive from us; or (iii) if applicable, by unselecting the subscribe box on your Account Settings. You may not opt out of Service-related communications (e.g., account verification, purchase and billing confirmations and reminders, changes/updates to features of the TRUEPIC Service, technical and security notices).
4. Ways We Collect Information
a. Cookies: Like many websites, we employ the use of “cookies” (or any other technology now existing or hereafter developed providing similar tracking benefits to TRUEPIC) in certain parts of the TRUEPIC Service to allow us to provide information that is targeted to your interests and make your online experience more convenient (for instance, by reducing the number of times you have to re-enter your password). Cookies are small bits of electronic information that a website sends to a visitor’s browser and are stored on your hard drive. We do not receive or record any personal information in the cookies we use and are never tied to anything that could be used to identify you. Although most web browsers automatically accept cookies, you may choose to change your browser to block cookies that or to notify you when you are sent a cookie. Most cookies are “session cookies,” meaning that they are automatically deleted at the end of a session and you are always free to decline our cookies if your browser permits. However, cookies are necessary to access certain areas of the TRUEPIC Service and if you disable cookies on your browser, you will not be able to view or use portions of the TRUEPIC Service.
b. Log Data: Our servers automatically track certain information about you as you use our Service. This information may include the URL that you just came from, which URL you go to next, what browser you are using, and your IP address. Our site logs do generate certain kinds of non-identifying site usage data, such as the number of hits and visits to our Service. This information is used for internal purposes by technical support staff to provide better services to the public and may also be provided to others, but the statistics contain no personal information and cannot be used to gather such information.
c. Marketing and Promotional Communications: We may use your information to market to you and provide you with information about our products and services and other offerings that may be of interest to you including third party offerings. If you decide at any time that you no longer wish to receive such information or communications from us, please follow the unsubscribe instructions provided to you. Regardless of your choices with respect to receiving marketing and promotional communications from us, we may send you administrative messages, service announcements, and other similar communications without offering you the opportunity to unsubscribe in order to improve and administer your use of the TRUEPIC Service.
d. Usage Activity: When you use the TRUEPIC Service we may track your usage history, including search history and the particular content you viewed. This usage history will be used for your convenience, so that you can easily access past searches and content of interest.
5. Public Information on the TRUEPIC Service
Certain activities that you choose to participate in on the TRUEPIC Service may be public. This includes, but is not limited to, linking your Account with other social media platforms, clicking through to other TRUEPIC Service or to advertisements, participating in certain activities on the TRUEPIC Service, or entering into Sweepstakes. A brief explanation of some forms of information that may be displayed publicly is found below:
Social media: From time to time you may be able to create an Account and link your Account with third-party social networking sites, such as Facebook, Instagram, and Twitter or with other social media applications or plug-ins. By choosing to link your Account in these manners, you allow us to have access to PII and non-PII available in your social network or social media profile and your PII may be viewed or possibly used by other members of these TRUEPIC Service. Be mindful when choosing to link your Account with other applications or plug-ins.
Advertisements: Our TRUEPIC Service may feature advertisements served by third parties (e.g. advertisers, advertising agencies, advertising networks, data exchanges, etc.) to our TRUEPIC Service. These third parties may set and access their own cookies, web beacons and similar tracking technologies on your device in order to help us deliver customized content and advertising to you when you visit TRUEPIC Service or third party websites. These third parties may also collect Non-PII such as your IP address and your viewing habits of the advertisement. TRUEPIC is not responsible for these cookies or any data collected through use of these cookies, web beacons, or pixels. The advertisement service providers are solely responsible for the information they collect and how they use that information. Depending on your location, there may be other solutions to help you control your online behavioral advertising preferences (such as whether certain third parties may collect and use your Non-PII for targeted advertising purposes). For example, you may use the Network Advertising Initiative’s Opt-Out Tool and the Digital Advertising Alliance’s Opt-Out Tool.
6. California Privacy Rights
Pursuant to Section 1798.83 of the California Civil Code, residents of California have the right to request from a business, with whom the California resident has an established business relationship, certain information with respect to the types of personal information the business shares with third parties for direct marketing purposes by such third party and the identities of the third parties with whom the business has shared such information during the immediately preceding calendar year.
If applicable, request a copy of the information disclosure pursuant to Section 1798.83 of the California Civil Code by writing to us at: TRUEPIC, 7660 Fay Ave, STE H 376, La Jolla, CA 92037, Attn: TRUEPIC Customer Service California Privacy Law. Please include your full name and address and TRUEPIC Service username, if applicable.
7. Storage of Information
We use commercially reasonable safeguards to help keep the information collected through the TRUEPIC Service secure and take reasonable steps (such as requesting a unique password) to verify your identity before granting you access to your account. However, TRUEPIC cannot ensure the security of any information you transmit to TRUEPIC or guarantee that information on the TRUEPIC Service may not be accessed, disclosed, altered, or destroyed.
Please do your part to help us. You are responsible for maintaining the secrecy of your unique password and account information, and for controlling access to emails between you and TRUEPIC, at all times. Your privacy settings may also be affected by changes the social media services you connect to TRUEPIC make to their services. We are not responsible for the functionality, privacy, or security measures of any other organization.
TRUEPIC has no intention to knowingly collect any PII from individuals under the age of 16 years. If TRUEPIC learns that a child under the age of 16 years has provided PII to the TRUEPIC Service without verifiable parental consent, TRUEPIC will use commercially reasonable efforts to delete such information from its databases. If you believe your child, who is under 16, has submitted PII to the TRUEPIC Service, please contact us via one of the methods described on our Contact Us page.
9. Changes to this policy
TRUEPIC takes the protection of your personal information seriously. We utilize reasonable and appropriate security measures to help protect the information under our control. However, no Internet data transmission can be guaranteed to be completely secure. All information provided to us is provided at your own risk. TRUEPIC may store your information, in whole or in part, on equipment or in facilities leased or licensed from other vendors or entities. We rely on the safety and security statements of such vendors with regard to their storage equipment and services.
By using the TRUEPIC Service, you agree that TRUEPIC is not responsible for any issues related to the electronic storage equipment and services of other vendors or entities, including, but not limited to, the release, loss or corruption of your data. You also agree that you will seek remedy from the vendors or entities for any such issue and not TRUEPIC.
11. PII Retention
Following termination or deactivation of your account, TRUEPIC, its Affiliates, or its Service Providers may retain information (including your Account information) and User Content for a commercially reasonable time for backup, archival, and/or audit purposes. We will only retain your PII so long as it is necessary for the purposes it was collected, for the products and services that you use, or to meet any and all legal requirements. Your personal information will be deleted when it is no longer needed for any of these purposes.
12. Contact Us
- see personal information that you have sent us in order to correct or update it, or delete your personal information from our files;
- if your child has sent us personal information and you would like to delete that personal information from our files;
- ask that we not send you mailings or otherwise contact you; or
Customer Service Emails: [email protected]
Mailing address: TRUEPIC, 7660 Fay Ave, STE H 376, La Jolla, CA 92037
Effective Date: February 27, 2018