Privacy Policy
Last Updated: Dec 1, 2020
PLEASE READ THIS PRIVACY POLICY AND THE RELATED TERMS OF SERVICE CAREFULLY BEFORE USING THE APPTATION SERVICES provided by Apptation Inc. Apptation is committed to protecting and respecting your privacy. The following Privacy Policy (the "Privacy Policy") applies to your use of all mobile applications, websites and other products and services owned, controlled, operated, or hosted (whether now or in the future) by Apptation Inc. LLC (collectively referred to herein, solely for ease of reference as “Apptation”, “us” or “we”), including but not limited to Animate Me, animateme.app, apptation.com, and all related applications, services, tools, software, and functionalities (collectively the “Apptation Services”).
This Privacy Policy sets forth certain terms and conditions of the legal contract between you and Apptation with respect to your use of the Apptation Services, whether you are a Visitor, Free Account Holder, or Member. This Privacy Policy discloses what type of information is collected, the methods used to collect it, how Apptation utilizes the information to better serve all interested parties and the choices you have about the way your information is collected and used. Please read this Privacy Policy carefully. Your use of the Apptation Services indicates that you have read, accepted and unconditionally agreed to Apptation’s privacy practices as outlined in this Privacy Policy and any other applicable terms.
At Apptation, we respect your right to privacy and we understand that you need to control the use of your personal information. This Privacy Policy details below the measures taken by Apptation to protect your privacy in connection with your use of the Apptation Services. However, you understand that the Apptation Services allow, among other things, users who are 16 or older to upload User Materials that may contain personal Content (e.g., photographs and information about themselves and others for whom they have the authority or permission to post photos and information) to be shared, sent, and/or posted, both in public forums and through private messaging. ACCORDINGLY, BY SUBMITTING USER MATERIALS FOR PUBLIC POSTING THROUGH ANY OF THE APPTATION SERVICES, YOU HEREBY WAIVE ANY AND ALL PRIVACY EXPECTATIONS (INCLUDING THE PRIVACY EXPECTATIONS OF ANY OTHER INDIVIDUAL WHO APPEARS IN YOUR SUBMITTED CONTENT) WITH RESPECT TO APPTATIONS USE OF SUCH CONTENT. IF YOU DO NOT CONSENT TO HAVE PERSONAL CONTENT VIEWABLE OR OTHERWISE ACCESSIBLE BY OTHERS, YOU SHOULD NOT SUBMIT USER MATERIALS OR ANY OTHER CONTENT TO OR THROUGH THE APPTATION SERVICES.
Apptation is the data controller for your Personal Data (as defined below). Apptation is operated from and hosted on servers in the United States. If you are outside of the United States and access the Apptation Services or submit your Personal Data to us, please be advised that U.S. law may not offer the same privacy protections as the law of your jurisdiction. If you visit the Apptation Services or contact us from outside of the United States, please be advised that any information you provide to us or that we automatically collect will be transferred to the United States and processed in accordance with this Privacy Policy.
1. Information We Collect and Receive
1.1 Personal Data.
Apptation collects user submitted information including but not limited to name and email address to authenticate users and to send notifications relating to the Apptation Services to those users. Apptation may also utilize facial detection software (e.g., Apple's Vision Framework) to detect faces incorporated in User Materials to make the user's process of creating Collaborative Content easier.
We may also collect or utilize tracking technologies of third parties to collect usage and device data (including but not limited to your Collaborative Content, pages viewed, session information, key events, device type, location, language, timestamp, platform, operating system, service provider, hardware type, and browser choice and (“Usage Data") about you through the Apptation Services. For additional information regarding how we use these technologies, please see Section 4 – “Use of Cookies and Similar Technologies” below. Information collected or received by us, solely to the extent any such information can be used to identify an individual person and is considered individually identifiable information within the meaning of the Federal Trade Commission’s Online Privacy Protection Rule found at 16 CFR 312.2, is referred to in this Privacy Policy as “Personal Data.” Each user hereby agrees that all information you provide, including but not limited to age, shall be truthful and correct.
2. How We Use Your Personal Data and Why We Collect It
Purpose: Categories of Personal Data
Registration and authentication: Your name, username and email address. We require your name and email address to create your account. Your email address and name to the extent collected and stored is not shared or publicly displayed within the Apptation Services. Your username ( or “Handle”) which is uniquely created by you at registration is publicly displayed for user materials that you submit to the Apptation Services (e.g. a GIF or audio recording that you submit).
Communicate important messages: Your name and email address.
We use your name and email address to communicate with you regarding your account, your purchases and/or other transactions with Apptation, changes in our Terms of Service, Terms of Sale, and/or Privacy Policy, and other matters relating to your account with Apptation. It also enables us to send you announcement emails about our new content, features, services, products, promotions, etc. You may withdraw consent and opt-out of receiving announcement emails from us at any time by following the opt-out link contained in an announcement email you previously received.
Diagnose, troubleshoot, and improve the Apptation Services: Your Usage Data
We collect information about your usage of the Apptation Services in order to fix bugs, improve the Apptation Services, and test and add new features.
Create Collaborative Content and personalize your experience: Your uploaded User Materials
Affirmative Consent - We incorporate your uploaded User Materials into Apptation Services Content to create Collaborative Content (as defined in our Terms of Service) such as GIFs, Ecards and Audio Recordings for you to view and share through the Apptation Services. In addition, we use your User Materials to personalize your experience on the Apptation Services.
Simplify the Creation of Collaborative Content: Your face data within your User Materials
Affirmative Consent - When you upload User Materials, we may utilize facial recognition software (such as Apple's Vision Framework) to identify faces within your User Materials and create personalized face images for you to incorporate into our Apptation Services Content. Additionally, we collect the coordinates of the mouth/jaw within the image of the identified face in order to automate the process of positioning the face image within Collaborative Content. We collect this face data solely to simplify the personalization of our Ecards and GIFs, and we do not store any face data once these face images have been created or share your face data with any third parties.
3. How We Share Your Information
3.1 Share Function. We will share Personal Data, such as your name or User Materials, with third parties you designate when you utilize the “share” functionalities of the Apptation Services (email, text, Facebook Share, etc.).
3.2 Other Disclosures. Except as otherwise described in our Privacy Policy, Apptation will not disclose personal information to any third party unless we believe that disclosure is necessary: (1) to comply with applicable law or to respond to a subpoena, court order, search warrant, or other legal process received by Apptation, whether or not a response is required by applicable law; (2) to protect or enforce our rights or the rights of a third party; (3) to protect the safety of members of the public and our users; or (4) to respond to an emergency. Apptation reserves the right to transfer personal information to a successor in interest that acquires rights to that information as a result of a sale of Apptation or substantially all of Apptation’s assets to that successor in interest or of a merger between Apptation and such successor in interest.
4. Tracking Technologies
4.1 Third-Party Analytics. Apptation implements third-party analytics services to collect Personal Data, including but not limited to device session information, key events, device type, location, language, timestamp, platform, and time zone. We use these services to collect and compare information about the user base and user visits, as well as to improve the Apptation Services.
4.2 Third-Party Functionalities. The Apptation Services also contain links to and/or enables certain third-party Internet functionalities to enhance your online experience, including, without limitation, social plug-ins, tools, and APIs. Prior to using any third-party functionalities (e.g., Facebook Connect) on the Apptation Services, you should consult the privacy notices of the third-party providers of such functionalities (e.g., Facebook). We have no control over what information is collected by such third parties or how they may use the information. The privacy policies and data practices of such third parties may significantly differ from ours, and we make no representation or warranty whatsoever about their data policies and practices. Your communications and interactions with such third parties are solely between you and them and are at your own risk.
5. Data Retention
Apptation may retain your Personal Data and Non-Personal Data as long as you continue to use and are registered through the Apptation Services. You may request that we delete your Personal Data and close your account at any time by emailing us at support@apptation.com, however, we may retain your Personal Data for an additional period of time, as permitted or required under applicable law, to conduct audits, prevent fraud and abuse, improve the Apptation Services, comply with legal obligations, maintain security, enforce our Terms of Service, or for any other legitimate and lawful business purpose. In addition, after your account has been closed we will continue to retain your Non-Personal Data and any Personal Data that has been anonymized, aggregated, or modified so that it can no longer reasonably be used to identify you.
6. Security
Apptation aims to provide you with a secure customer experience. Apptation user accounts are secured by user-created passwords and, in some cases, third-party sign-on services (e.g., Facebook Connect). Apptation takes precautions to ensure that user account information is kept private. We use commercially reasonable measures to protect user information that is stored within our database, and we restrict access to user information to those employees who need access to perform their job functions, such as our customer service personnel and technical staff. However, we do not guarantee that these efforts will completely protect user account information. No security measures are perfect or impenetrable and data transmission over the Internet cannot be guaranteed 100% secure. We cannot and do not ensure or warrant the security of any information you transmit to Apptation and you do so at your own risk. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time. We will endeavor to notify users in the event that the security of their personal information is breached or compromised. By submitting personal information through any of the Apptation Services, you expressly consent to receiving our notification regarding any breach or compromise, or suspected breach or compromise, of the security of your personal information, by email or postal mail, as we deem appropriate and as required by law. For any additional information about the security measures we use on Apptation, please contact us at support@apptation.com.
We urge you to keep your username, password, and other account access information in a safe place and not to divulge it to anyone. Also, remember to sign off your account when you have finished using the Apptation Services. This is to ensure that others cannot access your account, especially if you are sharing a computer with someone else or are using a computer in a public place such as a library or an internet cafe.
7. Children’s Privacy
Apptation is committed to protecting the privacy needs of children and we encourage parents and guardians to take an active role in their children’s online activities and interests. The Apptation Services are not intended for use by children under the age of 16 without parental consent. Under no circumstances does Apptation require children under the age of 18 to provide us with any Personal Data. Apptation does not knowingly collect personal information from children under the age of 16. Users must be 16 or older to be eligible to register accounts on the Apptation Services.
8. Changes in Our Privacy Policy
This Privacy Policy is subject to change by Apptation from time to time. We reserve the right, in our sole discretion, to modify, update, add to, discontinue, remove or otherwise change any portion of this Privacy Policy, in whole or in part, at any time. If we make material changes (including material changes in the way we use or share user personal information, such as using information for purposes materially different from those disclosed in this Privacy Policy), we will post the changes on the Apptation Services affected by such changes and/or notify Free Account Holders and Members via email. Also, we may ask you to review and acknowledge or consent to the changes at the time of their next account log-in. By continuing to use the Apptation Services affected by such changes, you agree to be bound by the changes to this Privacy Policy. Please check our Privacy Policy regularly for updates to our policies and practices.
9. Contacting Us
If you have any questions about this Privacy Policy, the data practices of any of the Apptation Services, or your dealings with any of the Apptation Services, please contact us via email at support@apptation.com