Privacy Policy
PLEASE READ THIS PRIVACY POLICY AND THE RELATED TERMS OF SERVICE CAREFULLY BEFORE USING THE MFIAB SERVICES. BY USING THE MFIAB SERVICES, YOU AGREE TO THIS PRIVACY POLICY INCLUDING WITHOUT LIMITATION, THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN SECTION 12 BELOW.
The following Privacy Policy (the "Privacy Policy") applies to your use of all websites, mobile applications, and other products and services owned, controlled, operated, or hosted (whether now or in the future) by Spiridellis Bros. Inc. and/or its corporate affiliates, parents or subsidiaries (collectively referred to herein, solely for ease of reference as “SB”, “us” or “we”), including but not limited to the My Face in a Book application and all related services, tools, software, and functionalities (collectively the “MFIAB Services”).
Last Updated: February 8, 2020
This Privacy Policy sets forth certain terms and conditions of the legal contract between you and SB with respect to your use of the MFIAB Services, whether you are a Visitor, Free Account Holder, or Customer.. This Privacy Policy discloses what type of information is collected, the methods used to collect it, how SB 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. The other integral parts of this agreement are our Terms of Service (link) and Legal Notices (link), both of which are incorporated herein by this reference. All capitalized terms used herein that are not otherwise defined in this Privacy Policy shall be as defined in our Terms of Service (link). Your use of the MFIAB Services indicates that you have read, accepted and unconditionally agreed to SB's privacy practices as outlined in this Privacy Policy and any other applicable terms.
At SB, 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 SB to protect your privacy in connection with your use of the MFIAB Services. However, you understand that the MFIAB Services allow, among other things, users who are 18 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 incorporated into MFIAB Content.
SB is the data controller for your Personal Data (as defined below). SB is operated from and hosted on servers in the United States. If you are outside of the United States and access the MFIAB 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 MFIAB 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. What Information We Collect and How We Use It
1.1 Personal Data. SB does not collect, receive, or store any of your submitted information (e.g., name, email address, or User Materials) and all such information, including Collaborative Content, is stored locally on your personal device or in your personal iCloud account. In addition, all payments are made through the Apple App Store and SB does not collect, receive, or store any payment information. When you purchase any SB products or services from the Apple App Store, your purchase is with Apple and not with SB, and accordingly, any personal information you submit to the third-party app store in connection with the purchase is subject to and governed by the privacy policy of Apple and not ours.
However, SB utilizes software development kits (“SDKs”) from Google, Facebook, Snapchat, and other third-parties to collect usage and device data (including but not limited to session information, key events, device type, location, language, timestamp, platform, operating system, service provider, hardware type, and browser choice) ("Usage Data") about you through the MFIAB Services.
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.”
1.2 Non-Personal Data. If Personal Data is anonymized, aggregated, or modified so that it can no longer reasonably identify a specific user, it is considered "Non-Personal Data" and SB may use and disclose such information for any business purpose.
2. How We Share Your Information
Except as otherwise described in our Privacy Policy, SB 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 SB, 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. SB 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 SB or substantially all of SB’s assets to that successor in interest or of a merger between SB and such successor in interest. SB also reserves the right to disclose personal information as necessary to enable third-party service providers to support and maintain the operation of the MFIAB Services (please see Section 4 – “Service Providers” below for more information), or to disclose personal information to other third parties performing services in connection with the operation of our business. You will be notified via e-mail of any such change in ownership or control of your personal information. For more information see Section 9 - "Changes in Our Privacy Policy" below.
3. Data Retention
SB may retain your Personal Data and Non-Personal Data as long as you continue to use and are registered through the MFIAB Services. You may request that we delete your Personal Data and close your account at any time by emailing us at support@myfaceinabook.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 MFIAB 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.
4. Service Providers
We rely on certain third-party services for the operation of the MFIAB Services, such as credit card payment processing, order processing, fulfillment and shipment, data storage and security, etc. The security of your personal information is important to us. Please keep in mind that, to the extent a third-party service provider needs to access your information in order to perform services for us, we share your information with that provider. However, we do require that any third-party service providers limit their use of your information solely to providing services to us and that they maintain the confidentiality, security, and integrity of your information and not make unauthorized use or disclosure of the information.
5. Security
SB aims to provide you with a secure customer experience. SB 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 SB 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 MFIAB 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 SB, please contact us at support@myfaceinabook.com.
6. Your California Privacy Rights
Effective January 1, 2005, California Civil Code Section 1798.83 (known as the “Shine the Light” law) provides that, if an individual who is a California resident has provided his/her personal information to a business in connection with a business relationship that is primarily for personal, family, or household purposes, and if that business has within the immediately preceding calendar year disclosed such individual’s personal information to a third party and knows or should have known that such third party used the information for its own direct marketing purposes, then that business is obligated to disclose in writing to such individual upon request, what personal information was shared and with whom the information was shared. A business may comply with this law by: (1) having EITHER a published privacy policy of not sharing a customer’s personal information for third-party direct marketing use unless the customer has first affirmatively opted in to such sharing OR a published privacy policy of not sharing a customer’s personal information for third-party direct marketing use if the customer has opted out to prevent his/her personal information from being shared for third-party direct marketing use; AND (2) notifying the customer of his/her right to opt out and providing a cost-free means for the customer to exercise that right.
California residents may request an information-sharing disclosure from us by emailing your request to support@myfaceinabook.com or writing to us at Spiridellis Bros. Inc, Attn: Privacy Dept., 1212 Electric Ave, Venice, CA 90291. Please note that, under the law, we are not required to respond to your request more than once in a calendar year, nor are we required to respond to any requests that are not sent to the above-designated email or mailing address.
Effective January 1, 2020, the California Consumer Privacy Act of 2018 (“CCPA”) provides that a California resident has certain rights relating to their Personal Data:
· Right to Know What Personal Data We Collect: We collect Personal Data only as detailed above in Section 1 - " What Information We Collect and How We Use It".
· Right to Know Who We Share Your Personal Data With: We share Personal Data only as detailed above in Section 2. “How We Share Your Information".
· Right to Request Information: In addition, you have the right to request information about our collection, use, and disclosure of your Personal Data over the past twelve months, including what information we have collected, the purpose behind such collection, what third parties we share such information with, and the business purpose behind such sharing of personal information. To request this information, or a copy of your Personal Data, please email us at UPDATE EMAIL. You may make this request twice per twelve-month period.
· Right to Delete Your Personal Data: If you wish for us to delete all or some of your Personal Data, please email us at support@myfaceinabook.com. However, please note that 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 MFIAB Services, comply with legal obligations, maintain security, enforce our Terms of Service, or for any other legitimate and lawful business purpose.
SB does not sell your Personal Data, and we only collect, share, and disclose your Personal Data as detailed above. Please email us at support@myfaceinabook.com if you have any questions or concerns about how and when we collect and use your Personal Data.
7. Your General Data Protection Regulation Rights
Effective May 25, 2018, Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (“General Data Protection Regulation” or “GDPR”) provides that an individual located in the European Union (EU) or the European Economic Area (EEA) has certain rights relating to their personal data:
· Right to Delete Your Personal Data: If you wish for us to delete all or some of your Personal Data, please email us at support@myfaceinabook.com. However, please note 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 MFIAB Services, comply with legal obligations, maintain security, enforce our Terms of Service, or for any other legitimate and lawful business purpose.
· Right to Object to or Restrict Our Use of Your Personal Data: If you wish to limit or restrict our use of your Personal Data, please email us at support@myfaceinabook.com.
· Right to Access, Change, or Modify Your Personal Data: If you wish to confirm whether we are collecting and processing your Personal Data or access, change, or modify some or all of your Personal Data, you can go to the "My Account" section of the MFIAB Services or email us at support@myfaceinabook.com.
· Right to Export Your Personal Data: If you would like a copy of your Personal Data, please email us at support@myfaceinabook.com to request an export file in a machine-readable format.
· Right to Withdraw Consent: If you wish to withdraw consent to certain Personal Data processing activities, please email us at UPDATE EMAIL.
· Right to File a Complaint: If you are located in the European Union (EU) or the European Economic Area (EEA), you have the right to file a complaint with your local data protection authority.
Please email us at support@myfaceinabook.com if you have any questions or concerns about how and when we collect and use your Personal Data.
8. Children’s Privacy
SB 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 MFIAB Services are not intended for use by children under the age of 18 without parental consent. Under no circumstances does SB require children under the age of 18 to provide us with any Personal Data. SB does not knowingly collect personal information from children under the age of 18. Users must be 18 or older to be eligible to register accounts on the MFIAB Services.
9. Changes in Our Privacy Policy
This Privacy Policy is subject to change by SB 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 MFIAB Services affected by such changes and/or notify Free Account Holders and Customers 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 MFIAB 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.
10. Contacting Us
If you have any questions about this Privacy Policy, the data practices of any of the MFIAB Services, or your dealings with any of the MFIAB Services, please contact us via email at support@myfaceinabook.com, or via mail at Spiridellis Bros Inc., ATTN: Privacy Dept., 1212 Electric Ave, Venice, CA 90201.
11. Choice of Law This Privacy Policy, including all revisions and amendments thereto, is governed by the internal laws of the United States, State of Delaware, without regard to its conflict or choice of law principles which would require application of the laws of another jurisdiction.
12. Arbitration By using the MFIAB Services in any way, you unconditionally consent and agree that: (1) any claim, dispute, or controversy (whether in contract, tort, or otherwise) you may have against SB and/or its parent, subsidiaries, affiliates and each of their respective members, officers, directors and employees (all such individuals and entities collectively referred to herein as the “SB Entities”) arising out of, relating to, or connected in any way with the MFIAB Services or the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) the arbitration shall be held in Los Angeles, California; (4) the arbitrator’s decision shall be controlled by the terms and conditions of these Terms of Service and any of the other agreements referenced herein that the applicable user may have entered into in connection with the MFIAB Services; (5) the arbitrator shall apply Delaware law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (6) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only your and/or the applicable SB Entity’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) the arbitrator shall not have the power to award punitive damages against you or any SB Entity; (8) in the event that the administrative fees and deposits that must be paid to initiate arbitration against any SB Entity exceed $125 USD, and you are unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, SB agrees to pay them and/or forward them on your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, SB will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) with the exception of subpart (6) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of SB, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (6) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor SB shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.