Privacy Policy

PRIVACY POLICY

Last updated: January 1, 2014

imgScrimmage, LLC, through its software, applications, websites and other services, provides a social photo-sharing platform where users can document experiences and shared events through virtual assignments and challenges.  As you use our services, we want you to understand how we’re using information and the ways in which you can protect your privacy. Our Privacy Policy explains what information we might receive or collect from you and how that information may be used and disclosed.  Please note that our Terms of Service also govern your use of our services.

This Privacy Policy does not apply to information collected through mediums other than our platform, collected offline, or collected by any person or entity other than us (such as a third-party website or a third-party application, like Facebook).  This Privacy Policy also does not apply to any information that you submit pursuant to a sweepstakes entry. Please refer to the official rules and privacy policy for each individual sweepstakes for our specific policies regarding information sharing and disclosure pursuant to sweepstakes entry.

Information We Collect or Receive About You

We might receive or collect several types of information from and about you, such as the information described below.

Registration Information
If you register with us we may collect or receive information about you, including your first and last name, nickname, email address, profile picture, profile cover picture, hometown, preferred language, locale, gender, date of birth, and cell phone number.  If you register with us through a third-party application, service or website, such as Facebook, then we may also receive information about you and your contacts from that third party.

Photo and Video Information
If you submit a photo or video clip through the platform (a “recording”), we will collect information that you provide within that recording, such as date and time, your location, your mood, and your clothing.

General Use and Preference Information
We may collect, receive and store information regarding your general use of the platform (such as details of how and when you used the platform, interactions with the platform, log in information, resources that you access, your internet protocol address, your browser type, and your device type), as well as your preferences (such as preferred language).  For example, we may collect information such as whether you have indicated that you like or dislike a recording, whether you reply to a recording and whether you report abuse related to a recording, as well as the contents of such a reply or report.

Device Information
When you use the platform through your computer, mobile phone or other device, we will collect information regarding and related to your device, such as hardware models and IDs, device type, operating system version, the request type, the content of your request and basic usage information about your use of the platform, such as date and time.  In addition, we may collect information regarding application-level events, such as crashes, and associate that temporarily with your account to provide customer service.  We may also collect and store information locally on your device using mechanisms such as browser web storage and application data caches.

Recording Location Information
If you enable the collection of location information on your device, then we will collect information about your actual location, such as your mobile device’s GPS coordinates.  We may also use other technologies to determine your location (such as through the location of nearby Wi-Fi access points or cell towers), or obtain your location information from third parties, such as Facebook.

Cookies and Anonymous Identifiers
We, and third parties, like Facebook, use various technologies to collect and store information when you use the platform, including sending cookies, pixel tags or other anonymous identifiers to your device.  “Cookies” are pieces of data stored on our computer, mobile phone or other device.  A “pixel tag” is a type of technology placed within a website or email for the purpose of tracking activity, which is often used in combination with cookies.  Other “anonymous identifiers” are random strings of characters used for the same purposes as cookies, such as with mobile devices where cookie technology is not available.  These technologies help us know that you are logged on, provide you with features based on your preferences, understand when you are interacting with our platform, and compile other information regarding us of our platform.

The information collected through these technologies, standing alone, cannot be used to determine your identity.  Such information may, however, be combined in a way that makes it become personally identifiable information.  If this happens, we will treat the combined information as personally identifiable information.

Please note that, in most cases, you can remove or block cookies (such as by using the settings in your browser),but doing so may affect your ability to use our platform.

Other Information You Provide
The following are other situations in which we may collect information that you provide to us:

  • When you fill out forms or fields through the platform;
  • When you communicate with us or request information about us or the platform, whether via email or other means;
  • When you participate in online surveys;
  • When you participate in any of our marketing initiatives, including, contests, events, or promotions; and
  • When you participate in forums or provide user generated content or submissions.

Other Information Third Parties Provide
We may collect information about you from sources other than you, such as from Facebook, blogs, other users, other video recordings and our business partners.

Children’s Information
If you are under 13 years of age, please do not send any information about yourself to us or through the platform, including your name, address, telephone number or e-mail address.  If you believe that we might have any information from or about someone under the age of 13, please contact us at support@imgScrimmage.com.

How We Use Your Information
We may use and store your information, including personal information (i.e., information that can identify you), to:

  • Provide, maintain, protect and improve the platform and our services;
  • Develop new services;
  • Filter recordings;
  • Confirm and complete transactions requested by you;
  • Provide customer support (including, responding to your requests), troubleshoot and resolve problems and disputes;
  • Contact you to verify the information you provide to us;
  • Understand and anticipate your needs and preferences;
  • Ensure the platform is of interest to you (including, customization of advertising and content) and help us better understand your use of the platform;
  • Protect the security and integrity of the platform;
  • Conduct internal reviews of the platform and administer the platform’s systems;
  • Comply with, monitor compliance with and enforce this Privacy Policy, our Terms of Use and any other applicable agreements and policies;
  • Develop, enhance and market our products and services or the products and services of third parties;
  • Provide you with promotional materials, offers and personalized information;
  • Manage our business and operations;
  • Process information on our servers, or servers of our vendors (which may be located in countries around the world);
  • Meet legal and regulatory requirements;
  • Provide administrative and other communications to you;
  • Use User Generated Content as permitted in our Terms of Use; and
  • For other purposes as may be disclosed when you provide information or in this Privacy Policy.
  • For example:
  • We might use your language preference so that our system can display content to you in your language. 
  • We might use information regarding your Facebook friends to filter recordings to display (ex. “show me only recordings from my Facebook friends”), propose that you invite your friends to use the platform, or display an activity log of what your friends are doing in the platform.
  • We might use information about you to filter recordings to display (such as displaying videos based on your hometown, likes and dislikes, or location).
  • We might use your email address to allow other users of the platform to send you messages.

Disclosure of Information

Disclosures Through the Platform
We may publicly display your nickname, hometown, profile picture, location (city, state or country), and date-time data (such as “in the morning” or “after lunch”) next to recordings you create. We may publicly display your nickname, hometown, profile picture and profile cover picture on your profile page.

Other Disclosures of Personal Information
We may disclose your personal information:

  • To any person who, in our reasonable judgment, is authorized to receive your personal information as your agent, including as a result of your business dealings with that person (for example, your attorney);
  • To our third party vendors so that they may provide support for our internal and business operations, including for the handling of data processing, data storage, surveys, research, internal marketing, delivery of promotional and transaction materials, and the platform’s maintenance and security;
  • To third parties when you (i) engage in certain activities on the platform that are sponsored by them, such as purchasing products or services offered by a third party, electing to receive information or communications from a third party, or electing to participate in contests, sweepstakes, games or other programs sponsored in whole or in part by a third party, and/or (ii) respond to promotional materials from us and you authorize a third party to use your personally identifiable information to, for example, send you additional promotional materials, provide you a product or service, or enter you into a sweepstakes.  When we disclose your personal information to these third parties, your personal information will become permanently subject to the information use and sharing practices of the third party, and the third party will not be restricted by this Privacy Policy with respect to its use and further sharing of your personal information;
  • As required by law or ordered by a court, regulatory, or administrative agency;
  • As we deem necessary, in our sole discretion, if we believe that you are violating any applicable law, rule or regulation, or are otherwise interfering with another’s rights or property, including, without limitation, our rights or property;
  • If requested by authorities in the event of any act of terrorism or instance of local, regional or national emergency;
  • To enforce our Terms of Use, this Privacy Policy, and any other applicable agreements and policies;
  • To enforce or protect our rights;
  • In connection with a Business Transfer, as defined below (see Business Transfers below); and
  • To our affiliated companies (i.e., companies under common control or management with us).

Aggregation and De-Personalization
We may take your personal information and make it non-personally identifiable, either by combining it with information about other individuals (aggregating your information with information about other individuals), or by removing characteristics (such as your name) that make the information personally identifiable to you (de-personalizing your information).  We may use and/or disclose to third parties such aggregate or de-personalized information in any manner and without notice or compensation to you.

Message Information
If you use any functionality through the platform allowing you to send messages, videos or other content to a friend, then please be aware that: (a) we may display your email address to your friend; and (b) we may use information you provide about your friend to facilitate the communication and as described in this Privacy Policy.

Sweepstakes
If you are submitting information to us pursuant to a sweepstakes entry, we reserve the right to share, loan, rent and/or sell the information that you submit with and to our affiliates and other third parties.  Please refer to the official rules and privacy policy for each individual sweepstakes for our specific policies regarding information sharing and disclosure pursuant to that sweepstakes entry.

Circumvention of Security Measures
Although we use reasonable security measures to protect personal information we collect through the platform, we cannot ensure that your personal information will only be disclosed as described in this Privacy Policy.  By way of example, we may be forced to disclose personal information to the government or third parties under certain circumstances or third parties may unlawfully intercept or access transmissions or private communications.  As a result, notwithstanding anything to the contrary within this Privacy Policy, our Terms of Use or any other applicable agreement or policy, you use the platform at your own risk and we do not promise or guarantee, and you should not expect, that your personal information will always remain private.  In the unlikely event that an unauthorized third party compromises our security measures, we will not be responsible for any damages directly or indirectly caused by an unauthorized third party’s ability to view, use or disseminate such information.

Business Transfers
We specifically and expressly reserve the right to disclose, lease, sell, assign or transfer your personal information collected through the platform, and any of its databases, together with any personal information contained in such data bases, to third parties in connection with a Business Transfer.  A “Business Transfer” means a sale, acquisition, merger, consolidation, reorganization, bankruptcy or other corporate change involving us and/or our affiliates, even if the Business Transfer is only being contemplated and regardless of whether the Business Transfer relates to a part or a whole of our business.  Nothing in this Privacy Policy is intended to interfere with our ability to transfer all or part of our business, equity, and/or assets (including the platform) to an affiliate or independent third party at any time, for any purpose, without any limitation, without notice, any without any compensation to you, whatsoever.

Network Advertising
From time to time, we may participate in or use advertising networks, such as third party advertising servers, advertising agencies, technology vendors and research firms.  We may use these third-party advertising networks for marketing, advertising and promotional purposes, as well as to serve advertisements to you.  Advertising networks often gather data about consumers who view advertisements to make inferences about a consumer’s interests and preferences, which enables their computers to deliver advertisements directly targeted to the consumer’s specific interests.  This practice is often referred to as “online behavioral advertising.”  For example, a third-party advertising network might collect the type of Internet browser you use, the type of computer operating system you use, the domain name of a website you visit, whether or not you visit specific pages of this Site and other websites, the location of your Internet service provider’s presence, the date and time of a visit to a website and other interactions between you and website.  Please see the “Online Behavioral Advertising” subsection of Choices About How We Use and Collect Your Information below to read about how you can prevent certain third-party advertising networks from collecting information about you.

User Generated Content
You are responsible for any content, including personal information, that you contribute to be published or displayed (“posted”) through the platform, or that you transmit to other users of the platform (collectively, “User Generated Content”).  Your User Generated Content is posted on and transmitted to other users of the platform at your own risk.  We cannot control the actions of other users of the platform with whom you share User Generated Content.  We can also not responsible for circumvention of any privacy settings or security measures contained on the platform.  As a result, we cannot and do not guarantee that your User Generated Content will not be viewed by unauthorized persons.  You understand and acknowledge that, even after removal, copies of your User Generated Content may remain viewable in cached and archived pages, or might have been copied or stored by other platform users.  Proper access and use of information provided on the platform, including User Generated Content, is governed by our Terms of Use.

Choices About How We Use and Disclose Your Information
We strive to provide you with choices regarding the personal information you provide to us.  Below are some mechanisms that provide you with control over certain information:

  • Cookies.  In most cases, you can remove or block cookies (such as by using the settings in your browser),but doing so may affect your ability to use our platform.
  • Email Offers from Us.  If you do not wish to receive email offers or newsletters from us, you can opt-out of receiving email information from us (other than emails related to the completion of your registration, correction of user data, change of password and other similar communications essential to your transactions on the platform) by using the unsubscribe process at the bottom of the email.
  • Accessing and Correcting Personal Information.  If the platform allows you to create an account with us, then you can review and update your personal information by logging into the platform, visiting your account profile page and making changes.
  • Online Behavioral Advertising.  Certain third-party advertising networks that deliver behavioral advertising are members of the Network Advertising Initiative (“NAI”).  You can prevent NAI member companies from collecting preference data about you by clicking here and following the NAI’s directions.  Note that if you opt out through the NAI, you will still receive advertising.  In addition, if you opt out through the NAI and later delete your cookies, use a different browser or buy a new computer, you will need to renew your opt-out choice.

Information You Disclose to Third Parties
You may be presented with an opportunity to receive information and/or marketing offers from third parties, such as Facebook and its advertisers, in connection with the platform.  All information you disclose to such third parties will be subject to the privacy policy and practices of such third parties.  We are not responsible for the privacy policies and practices of such third parties and, therefore, you should review the privacy policies and practices of such third parties prior to disclosing information to them.  If you later decide that you no longer want to receive communications from a third party, you will need to contact that third party directly.

Access to Third-Party Websites and Applications
The platform, as well as the e-mail messages sent with respect to the platform, may contain links or access to websites and applications operated by third parties that are beyond our control.  Links or access to third parties from the platform are not an endorsement by us of such third parties, their websites, their applications, their products, their services, or their practices.  We are not responsible for the privacy policy, terms and conditions, practices or the content of such third parties. These third-party websites and applications may send their own cookies to you and independently collect data.  If you visit such a website or download such an application, we encourage you to read any privacy statements and terms and conditions of the third party before providing any personal information.  If you have a question about the terms and conditions, privacy policy, practices or contents of a third party or a third party website or application, please contact the third party directly.

Operation of this Site in the United States
Our platform is operated in the United States.  If you are located in the European Union, Canada or elsewhere outside of the United States, please be aware that any information you provide to us will be transferred to the United States.  By using our platform or providing us with your information, you consent to this transfer.

Changes to this Privacy Policy
We may amend this Privacy Policy at any time.  Amendments will take effect immediately upon us posting the updated Privacy Policy within our platform.  You are encouraged to revisit this Privacy Policy from time to time in order to review any changes that have been made. The date on which this Privacy Policy was last updated will be noted immediately above this Privacy Policy.

Contacting Us
If you have questions or concerns about our privacy practices or wish to make a request regarding your personally identifiable information, please contact us at support@imgScrimmage.com.

Special Notification for California Residents – Your California Privacy Rights
Individuals who are residents of California and have provided their personally identifiable information to us may request information regarding our disclosures, if any, of their personally identifiable information to third parties for direct marketing purposes. Such requests must be submitted to us at support@imgScrimmage.com or in writing at:

imgScrimmage
PO Box 9527
Fort Lauderdale, FL 33310

California privacy rights requests must include the reference “Request for California Privacy Information” on the subject line and in the body of the message and must include the e-mail address or mailing address, as applicable, for us to send our response. This request may be made no more than once per calendar year. We reserve the right not to respond to requests submitted other than to the address specified in this paragraph.