Privacy Policy

Effective Date: March 20, 2021

Welcome to Taggable. This “Privacy Policy” describes the privacy practices of Digital Media Share LLC,  an Illinois limited liability company (“Taggable,” “Company”, “we”, “us”, or “our”) in connection with the www.Taggable.com and www.app.taggable.com websites (the “Site”), the Company mobile application (the “App”), and any other website or mobile application that we own or control and which posts or links to this Privacy Policy (collectively, the “Service”), and the rights and choices available to individuals with respect to their information. Company may provide additional or supplemental privacy policies to individuals for specific products or services that we offer at the time we collect personal information. These supplemental privacy policies will govern how we may process the information in the context of the specific product or service.

Table of Contents

• Summary of Privacy Policy
• Personal Information We Collect
• How We Use Your Personal Information
• How We Share Your Personal Information
• Biometric Data
• Your Choices
• Other Sites, Mobile Applications, and Services
• Security Practices
• International Data Transfers
• Children
• Changes to This Privacy Policy
• How to Contact Us
• Information for California Residents – Your California Privacy Rights

Summary of Privacy Policy

You should read the entirety of this Privacy Policy; however, here are some key points you should be aware of:

• Our Privacy Policy describes the personal data we collect from you, how we use it and the circumstances in which we share your data.
• To use the Service, and to purchase photos and videos from us, you will need to consent to have your picture scanned by facial recognition software.
• We only use the data from the facial recognition scan to provide our services, and we do not retain or share such data. We also delete such data after we find your photos and videos in our database.
• If you create an account with us, we may share your account information (name, email, phone number, date of birth (excluding your picture, unless you have given us permission)) with the Operator who took your picture and/or video. If you agree to give Taggable and/or the Operator a publicity release, you are also granting Taggable and the applicable Operator a license to use such information for publicity and marketing purposes.
• If you would like to correct or delete certain personal data we have collected about you through the Service, you may contact us at: support@Taggable.com and we will use reasonable efforts to comply with your request.
• The Privacy Policy contains a California privacy notice for users that are California residents.

Personal Information We Collect

Information you provide to us. Personal information you provide to us through the Service or otherwise includes:

• Account and set up information, such as your account registration information, username, password, first and last name, email, phone number, date of birth, zip code, your photograph, and account activity information.
• Content you choose to upload to the Service, such as text, images, audio, and video, along with the metadata associated with the files you upload.

• Feedback or correspondence, such as information you provide when you contact us with questions, feedback, or otherwise correspond with us online.
• Financial information, payment card information or other payment method.
• Marketing information, such as your preferences for receiving communications about our activities, events, and publications, and details about how you engage with our communications.
• Transaction information, such as information about payments from you and other details of products or services you have purchased from us.
• Usage information, such as information about how you use the Service and interact with us, including information associated with any content you submit to us, and information you provide when you use any interactive features of the Service.
• Precise geolocation information, your photos and/or videos may include (i) metadata and (ii) recognizable landmarks and building, which may identify where and when a photo and/or video was taken.
• Biometric Data. We create facial recognition data from your photograph as described below.

• Other information that we may collect which is not specifically listed here, but which we will use in accordance with this Privacy Policy or as otherwise disclosed at the time of collection.

Information We Obtain from Social Media Platforms. We may maintain pages for our Company on social media platforms, such as Facebook, LinkedIn, Twitter, Google, YouTube, Instagram, and other third-party platforms. When you visit or interact with our pages on those platforms, the platform provider’s privacy policy will apply to your interactions and their collection, use, and processing of your personal information. You or the platforms may provide us with information through the platform, and we will treat such information in accordance with this Privacy Policy.

If you choose to log in to the Service via a third-party platform or social media network, or otherwise connect your account on the third-party platform or network to your account through the Service, we may collect information from that platform or network. For example, this information may include your Facebook username, user ID, profile picture, cover photo, and networks to which you belong. You can read more about your privacy choices in the “Third party platforms or social media networks” portion of the “Your Choices” section of this Privacy Policy.

Information We Obtain from Other Third Parties. We may receive personal information about you from third-party sources. For example, a business partner and/or Operators may share your contact information with us if you have expressed interest about our products or services, or the types of products or services we offer. We may obtain your personal information from other third parties, such as marketing partners, publicly-available sources, and data providers.

Cookies and Other Information Collected by Automated Means.We, our service providers, and our business partners may automatically log information about you, your computer or mobile device, and activity occurring on or through the Service, including but not limited,  your computer or mobile device operating system type and version number, manufacturer and model, carrier and network type, device identifier (such as the Google Advertising ID or Apple ID for Advertising), browser type and language, screen resolution, IP address (which may consist of a static or dynamic IP address and will sometimes point to a specific identifiable computer or device), the website you visited before and after browsing to our website, general location information such as city, state, or geographic area; information about your use of and actions on the Service, such as pages or screens you viewed, how long you spent on a page or screen, navigation paths between pages or screens, information about your activity on a page or screen, access times, and length of access; and other personal information. Our service providers and business partners may collect this type of information over time and across third-party websites and applications.

On our webpages, this information is collected using cookies, browser web storage (also known as locally stored objects, or “LSOs”), Flash-based LSOs (also known as “Flash cookies”), web beacons, and similar technologies, and our emails may also contain web beacons. In our mobile application, we may collect this information directly or through our use of third-party software development kits (“SDKs”). SDKs may enable third parties to collect information directly from our App.

A “cookie” is a text file that websites send to a visitor’s computer or other Internet-connected device to uniquely identify the visitor’s browser or to store information or settings in the browser. Browser web storage, or LSOs, are used for similar purposes as cookies. Browser web storage enables the storage of a larger amount of data than cookies. A “web beacon,” also known as a pixel tag or clear GIF, is typically used to demonstrate that a webpage was accessed or that certain content was viewed, typically to measure the success of our marketing campaigns or engagement with our emails and to compile statistics about usage of our websites. An SDK is third-party computer code that we may incorporate into our mobile applications that may be used for a variety of purposes, including to provide us with analytics regarding the use of our mobile applications, to integrate with social media, add features or functionality to our app, or to facilitate online advertising.

We may also use Flash LSOs on our website to collect and store information about your use of our website. Unlike cookies, Flash LSOs cannot be removed or rejected via your browser settings. If you do not want Flash LSOs stored on your computer or mobile device, you can adjust the settings of your Flash player to block Flash LSO storage using the tools contained in the Website Storage Settings Panel. You can also control Flash LSOs by going to the Global Storage Settings Panel and following the instructions. Please note that setting the Flash Player to restrict or limit acceptance of Flash LSOs may reduce or impede the functionality of Flash applications that we may use in connection with our website.

Web browsers may offer users of our websites or mobile apps the ability to disable receiving certain types of cookies; however, if cookies are disabled, some features or functionality of our websites may not function correctly. Please see the “Targeted Online Advertising” section for information about how to exercise choice regarding the use of browsing behavior for purposes of targeted advertising.

Referrals. Users of the Service may have the opportunity to refer friends or other contacts to us. If you are an existing user, you may only submit a referral if you have permission to provide the referral’s contact information to us so that we may contact them.

Third Party Analytics.

We use third-party analytics services (such as Google Analytics and Facebook Analytics) to evaluate your use of the Service, compile reports on activity, collect demographic data, analyze performance metrics, and collect and evaluate other information relating to the Service and mobile and Internet usage. These third parties use cookies and other technologies to help analyze and provide us the data. By accessing and using the Service, you consent to the processing of data about you by these analytics providers in the manner and for the purposes set out in this Privacy Policy. For more information on Google Analytics and Facebook Analytics, including how to opt out from certain data collection, please visit https://www.google.com/analytics and https://analytics.facebook.com/. Please be advised that if you opt out of any analytics service, you may not be able to use the full functionality of the Service.

How We Use Your Personal Information

We use your personal information for the following purposes and as otherwise described in this Privacy Policy or at the time of collection:

To Operate the Service. We use your personal information to:

• provide, operate, and improve the Service
• market and provide information about our products and services
• establish and maintain your user profile on the Service
• facilitate your login to the Service via third-party identity and access management providers, such as Facebook
• enable security features of the Service, such as by sending you security codes via email or SMS, and remembering devices from which you have previously logged in
• communicate with you about the Service, including by sending you notifications, announcements, updates, security alerts, and support and administrative messages
• understand your needs and interests, and personalize your experience with the Service and our communications
• provide support and maintenance for the Service
• to respond to your requests, questions, and feedback

For Research and Development. We analyze use of the Service to analyze and improve the Service and to develop new products and services, including by studying use of the Service.

To Send You Marketing and Promotional Communications. We may send you Company-related marketing communications as permitted by law. You will have the ability to opt-out of our marketing and promotional communications as described in the “Opt out of marketing” section below.

To Display Advertisements. We work with advertising partners to display advertisements on the Service or elsewhere online. These advertisements are delivered by our advertising partners and may be targeted based on your use of the Service or your activity elsewhere online. To learn more about your choices in connection with advertisements, please see the section below titled “Targeted online advertising.”

To Comply with Laws. We use your personal information as we believe necessary or appropriate to comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities.

For Compliance, Fraud Prevention, and Safety. We may use your personal information and disclose it to law enforcement, government authorities, and private parties as we believe necessary or appropriate to: (a) protect our, your or others’ rights, privacy, safety or property (including by making and defending legal claims); (b) enforce the terms and conditions that govern the Service; and (c) protect, investigate and deter against fraudulent, harmful, unauthorized, unethical or illegal activity.

With Your Consent. In some cases, we may specifically ask for your consent to collect, use, or share your personal information, such as when required by law.

To Create Anonymous, Aggregated, or De-identified Data. We may create anonymous, aggregated, or de-identified data from your personal information and other individuals whose personal information we collect. We make personal information into anonymous, aggregated, or de-identified data by removing information that makes the data personally identifiable to you. We may use this anonymous, aggregated, or de-identified data and share it with third parties for our lawful business purposes, including to analyze and improve the Service and promote our business.

How We Share Your Personal Information

We do not share your personal information with third parties without your consent, except in the following circumstances or as described in this Privacy Policy:

Affiliates. Although we currently do not have a corporate parent, subsidiaries, affiliates, or other companies under a common control (collectively, “Affiliates”), we may in the future. We may share your personal information with these Affiliates for purposes consistent with this Privacy Policy.

Service Providers. We may share your personal information with third-party companies and individuals that provide services on our behalf or help us operate the Service (such as customer support, hosting, analytics, payment processing, service delivery, email delivery, marketing, and database management services). These third parties may use your personal information only as directed or authorized by us and in a manner consistent with this Privacy Policy, and are prohibited from using or disclosing your information for any other purpose.

Operators. We may share your account information and other information you share with us including, but not limited to your name, email, phone number, date of birth, zip code (excluding your picture, unless you have given us permission)) with the operators of the experiences you participated in and who took your picture and/video during such experiences (each, an “Operator”). Operators may use such information for marketing and publicity purposes, however, please review the applicable Operators’ privacy policy for a more detailed review on how they may use your personal information.

Partners. We may sometimes share your personal information with our partners or enable such partners to collect information directly via our Service.

Third-Party Platforms and Social Media Networks. If you have enabled features or functionality that connect the Service to a third-party platform or social media network (such as by logging in to the Service using your account with the third-party, providing your API key or similar access token for the Service to a third party, or otherwise linking your account with the Service to a third-party’s services), we may disclose the personal information that you authorized us to share. We do not control the third party’s use of your personal information.

Professional Advisors. We may disclose your personal information to professional advisors, such as lawyers, bankers, auditors, and insurers, where necessary in the course of the professional services that they render to us.

For Compliance, Fraud Prevention, and Safety. We may share your personal information with law enforcement, government authorities, and private parties as we believe necessary or appropriate to: (a) protect our, your, or others’ rights, privacy, safety, or property (including by making and defending legal claims); (b) enforce the terms and conditions that govern the Service; and (c) protect, investigate, and deter against fraudulent, harmful, unauthorized, unethical, or illegal activity.

Business Transfers. We may sell, transfer, or otherwise share some or all of our business or assets, including your personal information, in connection with a business transaction (or potential business transaction) such as a corporate divestiture, merger, consolidation, acquisition, reorganization, or sale of assets, or in the event of bankruptcy or dissolution.

Biometric Data

Consent.  You will be prompted to take a photograph of yourself, and consent to your face being scanned by facial recognition software.

Purpose for Collection. We only use biometric data received from facial recognition scans to provide the Service. We utilize such data to find photos (and videos, if applicable) in our database that contain images of you, for you to purchase, and to prevent others from reviewing and purchasing photos and videos of you. You will only be permitted to review and purchase media that our scans conclude contain images of you.

Disclosure. We will not disclose any biometric data to any third party without:

• First obtaining your written consent to such disclosure;
• Disclosure is required by state or federal law or municipal ordinance; or
• Disclosure is required pursuant to a warrant or subpoena.

Retention. We do not retain biometric data from facial recognition scans after you complete your transaction, and all such data will be deleted when the first of the following occurs:

• Within 30 days after the date your transaction is complete; or
• Within 3 years of your last interaction with Taggable.

Data Storage and Security. We use a commercially reasonable standard of care to store, transmit, and protect from disclosure any biometric data collected through facial recognition scans. Such storage, transmission, and protection from disclosure shall be performed in a manner that is the same as or more protective than the manner in which we store, transmit and protect from disclosure other confidential and sensitive information, including personal information that can be used to uniquely identify an individual.

Your Choices

In this section, we describe the rights and choices available to all users.

Access or Update Your Information. If you have registered for an account with us, you may review and update certain personal information in your account profile by logging into the account.

Opt Out of Marketing Communications. You may opt out of marketing-related emails from us by following the opt-out or unsubscribe instructions at the bottom of the email, or by contacting us at privacy@Taggable.com. You may continue to receive service-related and other non-marketing emails.

Cookies and Browser Web Storage. We may allow service providers and other third parties to use cookies and similar technologies to track your browsing activity over time and across the Service and third-party websites. Most browsers let you remove or reject cookies. To do this, follow the instructions in your browser settings. Many browsers accept cookies by default until you change your settings. Please note that if you set your browser to disable cookies, the Service may not work properly. Similarly, your browser settings may allow you to clear your browser web storage.

Targeted Online Advertising. Some of the business partners that collect information about users’ activities on or through the Service may be members of organizations or programs that provide choices to individuals regarding the use of their browsing behavior or mobile application usage for purposes of targeted advertising.

Users may opt out of receiving targeted advertising on websites through members of the Network Advertising Initiative by here or the Digital Advertising Alliance by here. Users of our mobile applications may opt out of receiving targeted advertising in mobile apps through participating members of the Digital Advertising Alliance by installing the AppChoices mobile app, here, and selecting the user’s choices. Please note that we also may work with companies that offer their own opt-out mechanisms and may not participate in the opt-out mechanisms that we linked above.

In addition, your mobile device settings may provide functionality to limit our, or our partners’, ability to engage in ad tracking or targeted advertising using the Google Advertising ID or Apple ID for Advertising associated with your mobile device.

If you choose to opt-out of targeted advertisements, you will still see advertisements online, but they may not be relevant to you. Even if you do choose to opt out, not all companies that serve online behavioral advertising are included in this list, so you may still receive some cookies and tailored advertisements from companies that are not listed.

Do Not Track. Some Internet browsers may be configured to send “Do Not Track” signals to the online services that you visit. We currently do not respond to “Do Not Track” or similar signals. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com.

Choosing Not to Share Your Personal Information. Where we are required by law to collect your personal information, or where we need your personal information in order to provide the Service to you, if you do not provide this information when requested (or you later ask to delete it), we may not be able to provide you with our services. We will tell you what information you must provide to receive the Service by designating it as required at the time of collection or through other appropriate means.

Third-Party Platforms or Social Media Networks. If you choose to connect to the Service via a third-party platform or social media network, you may have the ability to limit the information that we may obtain from the third-party at the time you login to the Service using the third-party’s authentication service or otherwise connect your account. Subsequently, you may be able to control your settings through the third-party’s platform or service. For example, you may access and change your settings through the Facebook settings page for Apps and Websites. If you withdraw our ability to access certain information from a third-party platform or social media network, that choice will not apply to information that we have already received from that third-party.

Other Sites, Mobile Applications, and Services

The Service may contain links to other websites, mobile applications, and other online services operated by third parties. These links are not an endorsement of, or representation that we are affiliated with, any third party. In addition, our content may be included on web pages or in mobile applications or online services that are not associated with us. We do not control third-party websites, mobile applications, or online services, and we are not responsible for their actions. Other websites, mobile applications and services follow different rules regarding the collection, use and sharing of your personal information. We encourage you to read the privacy policies of the other websites, mobile applications, and online services you use.

Third-Party Payment Processor

We use a third-party payment processor to process payments made to us. In connection with the processing of such payments, we do not retain any personal information or any financial information such as complete credit card numbers. Rather, all such information is provided directly to our third-party processor, Payroc, whose use of your personal information is governed by their privacy policy, which may be viewed at https://payroc.com/privacy-policy/.

Security Practices

The security of your personal information is important to us. We employ a number of organizational, technical, and physical safeguards designed to protect the personal information we collect. However, security risk is inherent in all internet and information technologies and we cannot guarantee the security of your personal information.

International Data Transfers

We are headquartered in the United States and have service providers in other countries, and your personal information may be transferred to the United States or other locations outside of your state, province, or country where privacy laws may not be as protective as those in your state, province, or country.

Children

The Service is not directed to, and we do not knowingly collect personal information from, anyone under the age of 13. If a parent or guardian becomes aware that their child has provided us with information without their consent, then he, she, or they should contact us. We will delete such information from our files as soon as reasonably practicable. We encourage parents with concerns to contact us.

Changes to This Privacy Policy

We reserve the right to modify this Privacy Policy at any time. If we make material changes to this Privacy Policy, we will notify you by updating the effective date above and posting it on the Service. We may, and if required by law will, also provide notification of changes in another way that we believe is reasonably likely to reach you, such as via email (if you have an account where we have your contact information) or another manner through the Service.

Any modifications to this Privacy Policy will be effective upon our posting the new terms and/or upon implementation of the new changes on the Service (or as otherwise indicated at the time of posting). In all cases, your continued use of the Service after the posting of any modified Privacy Policy indicates your acceptance of the terms of the modified Privacy Policy.

How to Contact Us

Please direct any questions or comments about this Policy or privacy practices to privacy@Taggable.com. You may also send us a message through our website’s contact page by visiting https://taggable.com/contact. Additionally, you may write to us via postal mail at:

Digital Media Share LLC
Attn: Legal – Privacy
321 N Loomis St., Suite 101, Chicago, IL 60607

Information for California Residents – Your California Privacy Rights

If you are a California resident, you have the following rights:

• Information. To request that we disclose the following information about our collection and use of your personal information during the past 12 months:
  • The categories of personal information that we have collected about you;
  • The categories of sources from which personal information is collected;
  • The business or commercial purpose for collecting or selling personal information;
  • The categories of third parties with whom we share your personal information;
  • Whether we have disclosed your personal information for a business purpose, and if so, the categories of personal information received by each category of recipient; and
  • Whether we have sold your personal information, and, if so, the categories of personal information received by each category of recipient.
• Access. To request a copy of the personal information that we have collected about you during the past 12 months.
• Deletion. To request that we delete personal information about you that we have collected from you.
• Opt Out of Sales. To direct us not to sell your personal information if we do, and if you are under 16 years of age, we are required to ask for affirmative authorization from you to sell your personal information before we do so.
• Nondiscrimination. To exercise your rights described above free from discrimination, such as denial of goods or services; price/rate increases for goods or services (including through grants of discounts/benefits or imposing penalties); decreases in service quality; or suggesting that such discriminatory acts may occur if you exercise your rights. However, a difference in price or service quality is not discriminatory if reasonably related to the value to our business of the personal information we are unable to use due to the exercise of your rights, and we may offer you certain financial incentives that can result in different prices, rates, or service quality.
• Financial Incentive Program Disclosures. To receive a clear description of the material terms of any program involving financial incentives for the collection, sale, or deletion of your personal information, and decide if you want to consent to be entered in it (you can revoke this consent at any time).

How to Exercise Your Rights.
You may exercise the rights described above as follows:

• Right to Opt Out of Sales
  • Emailing: privacy@Taggable.com
• Right to Information, Access, and Deletion

You may exercise the information, access, and deletion rights described above by submitting a verifiable request to us by:

• Emailing: privacy@Taggable.com

Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child under 18.
The verifiable request must:

• Provide sufficient information that allows us to reasonably verify you are a California resident about whom we collected personal information or their authorized representative; and
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

These rights are not absolute, are subject to exceptions, and we may be required or permitted by law to decline your request.

Personal Information That We Collect, Use, and Share
The chart below provides information that we are required to give you under California law about the categories of personal information that we have collected, used and shared in the twelve (12) months preceding the last update of this Privacy Policy. See above for a description of the sources of the personal information we collect, as well as the business and commercial purposes for which we collect, use, and share this information.

* For a description of these categories, see the definition of Personal Information in section 1798.140(o)(1) of the California Consumer Privacy Act.

** See the section of our Privacy Policy titled “How We Share Your Personal Information” for a description of the business purposes for which we disclose your personal information and the categories of third parties to which we disclose it.

*** Our use of your personal data in a manner that may constitute a “sale” under California law is for analytics, marketing, and advertising purposes.

In addition to these rights, as provided by California Civil Code section 1798.83, California residents are entitled to ask us for a notice identifying the categories of personal customer information which we share with our Affiliates and/or third parties, such as restaurants, for marketing purposes, and providing contact information for such Affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please submit a written request to us via email at: privacy@Taggable.com. You must put the statement "Your California Privacy Rights" in your request and include your name, street address, city, state, and ZIP code. We are not responsible for notices that are not labeled or sent properly, or do not have complete information.