VIXLET

Privacy Policy

This Privacy Policy ("Privacy Policy") describes the information we collect through the properties and service owned and/or operated by VIXLET CA LLC, a California limited liability company, ("VIXLET"), including, without limitation, the www.VIXLET.com mobile device apps, other Internet graphical or non-graphical interface that are owned and/or operated by VIXLET, (collectively, the "Vixlet World"), and any features, content, application or other social media management services offered from time to time by VIXLET in connection therewith (collectively, the "Service"). Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms of Service.

Welcome to Vixlet ("we," "us" or "our"). Vixlet provides a unique and fun way for you to share and discover media around passions and to connect and interact with individuals who share similar passions through the Vixlet World. The Vixlet World also includes Vixlet Branded Worlds, which are communities that are devoted to a shared passion for brands, co-branded by Vixlet and such brand (a "Vixlet Partner"),powered by Vixlet’s Service. Vixlet Branded Worlds do not include any applications or websites not powered by Vixlet Service.

1.Information We Collect and How We Use It

The Service will provide you with the ability to upload, submit, disclose, share, distribute or otherwise post (hereafter, "posting") content such as images, videos, blogs, links to 3rd party sites, message, comments and communications, to the Services (the "User Submissions").

  1. Account information. Through third party applications or directly through our Service, we may ask for and store information about you when you create an account in the Vixlet World, such as your avatar, first and last name, email address, short description, birthday, gender and hometown (city and state only), your VIXLET Username and your password.

    • Account Creation. We may use your first and last name, email address, birthday, hometown (city and state only), VIXLET Username and password to create your Vixlet account. In the event that you’re creating a Vixlet account in a Vixlet Branded World of which the Vixlet Partner also has other websites and applications of which you do not have an account with, a log in will be created for you with those non-Vixet branded web sites or applications of the Vixlet Partner. During the Vixlet log in process you will be identified and connected to the non-Vixlet branded web sites or application through a secured authorization process. The shared login allows the Vixlet Service to connect and share profile information with the Vixlet Partner’s other web sites and applications.
    • Administration. We use your email address to help you reset your password, curb spamming, send you updates, provide services to you in connection with the Vixlet World, and to contact you on behalf of other users sending you messages, compliments, and the like.
    • Public Profile. We may use your avatar, Vixlet Username, short description, and hometown (city and state) to create your public profile.
    • Marketing. We use your account information to send you updates, newsletters, marketing materials and other information that may be of interest to you, and to provide services to you in connection with the Vixlet World. If you decide at any time that you no longer wish to receive email communications, push or in-App notifications from us, please follow the unsubscribe instructions provided in any of the communications.
  2. Information You Choose to Share—Public Forum. By posting information which you choose to share, such as uploading photos, videos, comments, reviews, filling out your public profile, posting annotations, captions to content or comments to either your own content or someone else’s, you understand that such information will be considered public content—to be display to the public and can be re-shared, searched, as well as used for promotional purposes. This includes content posted to our proprietary content structuring system, Capsules. Note that if you include personally identifiable information in your public content, it can be used and viewed by others. We are not responsible for the information you choose to share. To change the privacy settings, you can change the privacy setting and any Capsules you have created on the Service. To change the privacy settings, you can change the privacy setting and any Capsules you have created on the Service. To change the privacy settings, you can change the privacy setting and any Capsules you have created on the Service. To change the privacy settings, you can change the privacy setting and any Capsules you have created on the Service. If you removed information that you posted in the Vixlet World, copies may remain viewable in cached and archived pages of the Service, or if other users or third parties have copied or saved that information.

  3. Your Activities in the Vixlet World.

    • Social Login. If you choose to log into the Vixlet World using an account you have already established with a social networking platform (e.g., Facebook, Twitter) or an email platform (e.g., Gmail, Yahoo! Mail), you give the Vixlet World access to certain Personal Information stored on the given social network or email platform. If you log into a Vixlet Branded World, we will collect this Personal Information as well as other information that you previously provided to the social network or email platform, to the extent as permitted by you when logging in via the social login, and will pass this information back to our Vixlet Partner’s website or mobile application ("End User Passed Data"). This End User Passed Data may include, but not be limited to, your name, email address, postal address, and demographic information such as age and gender. "Personal Information," as used in this Privacy Policy, is information that allows a person to directly identify an individual, such as a name or email address, and information that we combine directly with such identifying information.
    • Photo Upload. When you choose to upload your photos from your computer or mobile device to the Vixlet World, we access the image database on your computer or mobile device for the purpose of retrieving the photos and uploading them onto the Vixlet World.
    • Polls, ratings, etc. The Vixlet World may enable you to vote, take polls and ratings in the Vixlet World. The value of these submissions are collected and stored by us.
    • Activity Feed. The Service may enable you to view a near-real time feed of activity happening in the Vixlet World. The specific actions displayed in the Activity Feed can include such social actions as your sharing and commenting as well as non-social actions such as video views. We collect and store a record of these actions for the purpose of displaying the Activity Feed. Your Vixlet Username and profile picture may be displayed alongside your actions as listed in the Activity Feed.
    • Gamification. The Service may enable you to earn points and rewards for taking specified actions in the Vixlet World. We collect and store this content. This may include the display of information such as your Vixlet Username, profile picture, points, and badges, both to you directly and publicly to others in the Vixlet World.
  4. Finding Your Friends on Vixlet.

    • If you choose, you can use our "Find friends" feature to locate other people with Vixlet accounts through (i) your contacts list, (ii) third-party social media sites or (iii) through a search of names, email addresses and Vixlet Usernames on Vixlet.
    • If you choose to find your friends through (i) your device's contacts list, then Vixlet will access your contacts list to determine whether or not someone associated with your contact is using Vixlet.
    • If you choose to find your friends through a (ii) third-party social media site, then you will be prompted to set up a link to the third-party service and you understand that our Privacy Policy will govern any information that such service may provide to us.
    • Note about "Invite Friends" feature:ÊIf you choose to invite someone to the Service through our "Invite friends" feature, you may select a person directly from the contacts list on your device and send a text or email from your third party personal account. You understand and agree that you are responsible for any charges that apply to communications sent from your device, and because this invitation is coming directly from your third party personal account, Vixlet does not have access to or control this communication.
  5. Location data. Certain VIXLET Service will become available based on where you are. If you tell us where you are (e.g., by allowing your mobile device to send us your location), we may store and use that information to provide you with location-based Service, such as the unlocking of certain Capsules. If you want to deactivate this feature, you can deactivate GPS on your mobile device. Please refer to your device manufacturer for instructions on how to do this.

  6. Log data. We automatically store information related to your use of the Vixlet World, such as the pages you view on the Vixlet World, your browser type, IP address, requested URL, browser language, referring URL, and the date and time of your visit. We use this type of information to administer the Vixlet World and provide the highest possible level of service to you. We also use this information in the aggregate (without Personal Information) to perform statistical analyses of user behavior and characteristics in order to measure interest in and use of the various areas of the Vixlet World.

  7. Device Information. When you use a mobile device like a tablet or phone to access our Service, we may access, collect, monitor, store on your device, and/or remotely store one or more "device identifiers." We may use this data to help detect unauthorized access to your Vixlet account. Device identifiers are small data files or similar data structures stored on or associated with your mobile device, which uniquely identify your mobile device. A device identifier may be data stored in connection with the device hardware, data stored in connection with the device's operating system or other software, or data sent to the device by Vixlet. A device identifier may deliver information to us about how you browse and use the Service and may help us or others provide reports or personalized content and ads. Some features of the Service may not function properly if use or availability of device identifiers is impaired or disabled.

  8. Metadata. Metadata is usually technical data that is associated with User Submission (as defined in our Terms of Service). This makes your User Submsision more searchable by others and more interactive. For example, Metadata can describe how, when and by whom a piece of User Submission was collected and how that content is formatted. Users can add or may have Metadata added to their User Submission including a hashtag (e.g., to mark keywords when you post a photo), geotag (e.g., to mark your location to a photo), comments or other data. If you geotag your photo or tag your photo using other's APIs then, your latitude and longitude will be stored with the photo and searchable (e.g., through a location or map feature) if your photo is made public by you in accordance with your privacy settings.

  9. Cookies. We send cookies to your computer in order to uniquely indentify your browser and improve the quality of our service. "Cookies" refer to small pieces of information that the Vixlet World sends to your computer's hard drive while you are viewing the Vixlet World. We may use both session cookies (which expire once you close your browser) and persistent cookies (which stay on your computer until you delete them). Persistent cookies can be removed by following your browser help file directions. If you choose to disable cookies, some areas of the Vixlet World may not work properly or at all. Our cookies are linked to your account information. We have no access to or control over the use of these cookies. These cookies collect information about your use of the Vixlet World, such as where you came from, which pages you visited within the Vixlet World, and possibly other Vixlet Worlds you visit if those websites cooperate with the same third party, but do not collect your name, email address, contact information or other personally identifiable information that by itself would allow the third party to identify or contact you. We may ask advertisers or other partners to serve ads or services to your devices or computer, which may use cookies or similar technologies placed by us or the third party.

  10. GIFs. Clear GIFs (also known as web beacons) are used in combination with cookies to help website operators understand how visitors interact with their websites. A clear GIF is typically a transparent graphic image (usually 1 pixel x 1 pixel) that is placed on a website. The use of a clear GIF allows the website to measure the actions of the visitor opening the page that contains the clear GIF. It makes it easier to follow and record the activities of a recognized browser, such as the path of pages visited at a website. Clear GIFs, which can be embedded in web pages, videos, or emails, can allow a web server to read certain types of information from your browser, check whether you have viewed a particular web page or email message, and determine, among other things, the time and date on which you viewed the Clear GIF, the IP address of your computer, and the URL of the web page from which the Clear GIF was viewed.

  11. Feedback. You should feel free to give us feedback, register a complaint, or ask questions about the Vixlet World. We may store your communications, including any personal information you include in them, so that we can effectively respond to you.

2.Sharing Information with Third Parties

  1. Third Party Service Providers. We may use third parties to perform internal business functions (e.g., provide technical and customer support, content moderation, conduct surveys, perform tracking and reporting functions, conduct quality assurance testing, maintenance, security, data analysis, email transmission, CRM, database management services, credit card payment processing, data hosting, online loyalty, membership, reward programs). We may share such information about you that is necessary for them to perform the services they are required to perform, but they are not permitted to use your Personal Information other than to provide us with the necessary services.

  2. Sponsors and Promotional Partners. Vixlet can share your information with sponsors and promotional partners, so they may help Vixlet provide services, offers, promotions or content you have requested or otherwise in accordance with the applicable rules of a promotion or terms presented at the time you submitted Personal Information, so the third party can administer the promotion, send you offers or content or add you to their postal mailing list.

  3. Aggregate Information. We may share aggregated information with Vixlet Partners, existing and prospective business partners or the press in order to demonstrate usage of the Vixlet World, spot industry and advertising trends, and to generate publicity for the Vixlet World. Any aggregated information shared in these contexts will not contain Personal Information.

  4. Ad Servers. We may also share certain information such as cookie data with third-party advertising partners. This information would allow third-party ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you.

  5. Vixlet Partners. Solely with respect to your activities within a Vixlet Branded World, we may share User Submission and your information (as described in Section 1 above, "Information We Collect and How We Use It") with the Vixlet Partner of such Vixlet Branded World for such Vixlet Partner’s internal business purposes, and such Vixlet Partner may share User Submission and your information (as described in Section 1 above) with third parties in the manner as described in this Section 2. If you do not wish to share information with a Vixlet Partner then do not log in/opt in to the related Vixlet Branded World.

  6. Investigations. We reserve the right to investigate abuses in the Vixlet World, and enforce and apply our Terms of Service and Privacy Policy. We may disclose information about you to third parties if we have a good faith belief that such disclosure is reasonably necessary to (a) take action regarding suspected illegal activities; (b) enforce or apply our Terms of Service and Privacy Policy; (c) comply with legal process and law enforcement instructions and orders, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process served on us, domestic or international; or (d) protect our rights, reputation, and property, or that of our users, affiliates, or the public.

3.Affiliates; Business Transfers.

  1. Affiliates. We may share User Submission and your information (including but not limited to, information from cookies, log files, device identifiers and location data) with our affiliates (including a parent company, subsidiaries, joint venture partners or other companies that we control or that are under common control with us). Affiliates may use this information to help provide, understand, and improve the Service (including by providing analytics) and Affiliates' own services (including by providing you with better and more relevant experiences, in which case we will seek to require those affiliates to honor this Privacy Policy.

  2. Business Transfers. In the event of a change in ownership, or a merger with, acquisition by, or transfer or sale of all or a portion of our assets to another entity, we reserve the right to transfer all of your information to that entity.

4.Special Note to International Users

The Vixlet World is hosted in the United States and is intended for and directed to users in the United States. If you are a user accessing the Vixlet World from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please be advised that through your continued use of the Vixlet World, which are governed by U.S. law, this Privacy Policy, and our Terms of Service, you are transferring your personal information to the United States and you consent to that transfer.

5.Links

The Vixlet World contains links to third party websites with which we have no affiliation. Except as set forth herein, we do not share your personal information with those third parties, and are not responsible for their privacy practices. We suggest you read the privacy policies on all such third party websites.

6.Our Policy Towards Children

The Vixlet World is intended for general audiences and is not directed to children under 13. We do not knowingly collect personal information from children under 13. If you become aware that your child has provided us with personal information without your consent, please contact us at support@VIXLET.com. If we become aware that a child under 13 has provided us with personal information without parental consent, we take steps to remove such information and terminate the child's account.

7.Security

We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.

If we learn of a security breach, we may attempt to notify you electronically so that you can take appropriate protective steps. By entering the Vixlet World or providing Personal Information to us, you agree that we can communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Vixlet World. If a security systems breach occurs, we may post a notice on our homepage (www.vixlet.com) or elsewhere in the Vixlet World and may send email to you at the email address you have provided to us. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. If you choose to receive such notifications in writing, please email your contact details including full name and mailing address to support@VIXLET.com.

8.Changing or Deleting Your Information; Account Termination.

All users may review, update, correct or delete the personal information in their Vixlet account by contacting us or by editing their profile via the Service. If you completely delete all of your personal information, then your Vixlet account may become deactivated. We will use commercially reasonable efforts to honor your request. We may retain an archived copy of your records as required by law or for legitimate business purposes.

In event that the account is terminated, we may retain your information for a commercially reasonable period of time as required by law or for legitimate business purposes. Your usage data that has been aggregated without personally identifiable data may be retained indefinitely. Furthermore, VIXLET and other users may retain and continue to display, reproduce, re-post, modify, re-arrange, and distribute any of your information that you have posted to public or semi-public areas of the Vixlet World. We may continue to display your information where it implicates other users (e.g., communications between you and other users, your comments on other stories, blogs, polls, etc..).

9.California Privacy Rights

Under California law, a California resident with whom VIXLET has an established relationship has the right to request certain information with respect to the types of personal information VIXLET has shared with third parties for their direct marketing purposes, and the identities of those third parties, within the immediately preceding calendar year, subject to certain exceptions. All requests for such information must be in writing and sent to:

Vixlet
Attention: Legal
555 West 5th Street
50th Floor
Los Angeles, CA 90013

This same California law permits VIXLET to provide you, in response to your written request, with a cost-free means to choose not to have your information shared rather than providing the above described information. You may exercise that choice by any of the means described under "Sharing Information with Third Parties".

10.Dispute Resolution

If you believe that VIXLET has not adhered to this Privacy Policy you may contact VIXLET at support@VIXLET.com.

11.Modifications to this Privacy Policy

We may revise this Privacy Policy from time to time. The most current version of the Privacy Policy will govern our use of your information and will always be posted on the Vixlet World. If we make a change to this Privacy Policy that, in our sole discretion, is material, we will notify you either by prominently posting a notice of such changes prior to implementing the change on the Vixlet World and/or via the email associated with your account. By continuing to access or use the Services after those changes become effective, you agree to be bound by the revised Privacy Policy.

Effective Date: August 1, 2014