Fototwics, Inc.
Privacy Policy

This Privacy Policy is effective on March 14, 2014.

This is a legal contract. This Policy affects your legal rights and creates certain obligations as a contract between you the user of the Service (as defined below), and Fototwics (as defined below). Please review these terms like you would review any other contract to which you are a party. Because the Service is made available to the public as a whole, Fototwics cannot enter into individual contracts will all of the users of the Service. Accordingly, as is custom in our industry, the burden is placed on you to review this policy and make an independent decision on whether you agree to this policy or not. If you do not understand this policy, or if you do not agree to be contractually bound by this policy, do not use the Service. If you agree to be contractually bound by this policy, proceed to use the Service, it being explicitly agreed that your use of the Service, in any manner whatsoever, serves as your signature to this contract, which includes the requirement that any disputes between the parties shall be resolved by arbitration, as explained more fully in the Terms of Service.

When using the Service (as defined below) you consent to the collection, transfer, manipulation, storage, disclosure and other uses of your information as described in this Privacy Policy. You authorize Fototwics to use your information in the United States and any other country where Fototwics operates, now or in the future. If you are located in the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction.

We reserve the right, in our sole discretion, to change this Privacy Policy ("Updated Privacy Policy") from time to time. You agree that we may notify you of the Updated Privacy Policy by posting it on the Service, and that your use of the Service after the effective date of the Updated Privacy Policy constitutes your agreement to the Updated Privacy Policy. Therefore, you should review this Privacy Policy and any Updated Privacy Policy before using the Service. The Updated Privacy Policy will be effective as of the time of posting, or such later date as may be specified in the Updated Privacy Policy, and will apply to your use of the Service from that point forward. This Privacy Policy will govern any disputes arising before the effective date of the Updated Privacy Policy.

You may access the Fototwics service through many different platforms, whether they now exist or may be later developed. These platforms include, but are not limited to, the Fototwics website, any Fototwics applications (including mobile and “mini” applications), Short Message Service(s) (“SMS”), Application Programming Interface(s) (“API”), email notifications, buttons, widgets, and any other method that provides access to the Fototwics service, and all of these platforms are hereinafter collectively referred to as the “Service”.

Regardless of how you access the Service, you agree to be bound by this Privacy Policy of Fototwics, Inc. its parents, subsidiaries, affiliates, related companies, officers, directors, employees, servants, agents, representatives, predecessors, successors, administrators, heirs, executors, assigns, partners, and licensors (collectively, “Fototwics”, “we”, “us”, or “our”). It is intended to describe how your information, as the user, visitor, and others who access the Service (the “User”, “Users”, “you”, “your”, or “yours”) is treated by Fototwics. This Privacy Policy describes how and when Fototwics collects, uses and shares your information when you use our Service. Fototwics receives your information through our Service and from our partners and other third parties.

By using our Service you understand and agree that we are providing a platform for you to post any SMS, API, email notifications, applications, buttons, widgets, data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links, comments, any other content and material, and any information, text, graphics, photos or other materials posted, uploaded, downloaded or appearing on or through the Service (collectively, "Content"), to the Service and to share the Content publicly. This means that other Users may search for, see, use, or share any of your Content that you make publicly available through the Service. This information includes not only the Content you post, but also the metadata provided with the Content, including your location, the people you follow, the Content you view and “tag” with various identifiers, messages or “replies” to the Content and many other pieces of information that may not be readily apparent, resulting from your use of the Service

You authorize us to use:

Your username, password and e-mail address when you register for a Fototwics account;

Profile information that you provide for your user profile;

Content that you post to or through the Service; and

Communications between you and Fototwics. We may track whether you open an e-mail Fototwics sends to you, and which portions of the e-mails you use and participate in. Note that you may not opt out of such service-related e-mails.

Your device’s “contacts” list if you choose to interact with other users through your device’s contact list.

Your device’s media libraries (e.g., the photos saved on your device) if you choose to use photos or Content contained in your device.

Our own servers, and third-party analytics tools we use, collect information on your device or our Service, or from emails sent by Fototwics to Users, including certain log file information. Fototwics and third party advertisers or service providers may also use “cookies” or similar technologies to track and analyze your information. When third-party websites that integrate Fototwics buttons or widgets first load our buttons or widgets for display, we may also receive information from such third-parties. The type of Information we collect and analyze from all various sources includes your Internet Protocol ("IP") address, the browser you are using, domain names, the web pages you visit, your “add-ons”, the number of clicks, how you interact with links on the Service, and other information that assists us in improving the Service by custom-tailoring it for you.

We may also remotely store one or more data files or similar data structures stored on or associated with your device used to access the Service, which uniquely identify your device. These data files or data structures may deliver information to us or to a third party partner about how you browse and use the Service and may help us or others provide reports or personalized content and advertisements.

Users can add Metadata or may have Metadata added to their Content including a keyword descriptor (e.g., to mark keywords when you post a photo), a geotag (e.g., to mark your location to a photo), and comments or other data. This makes your Content more searchable by others and more interactive. If you geotag your photo or tag your photo using a third-party’s APIs then, your latitude and longitude will be stored with the photo and searchable (e.g., through a location or map feature) within the Service but also with the third-party.

Your information is used in several ways, including but not limited to retention so you will not have to re-enter it; for marketing purposes (e.g., advertisements and/or endorsements); to monitor metrics (e.g., traffic and demographic patters); to diagnose or fix technology problems; and to automatically update the Service on your device.

We may also share anonymous data with other parties. We may also combine your information with other information and share that aggregated information.

We Share Your Information:

With Affiliates: Businesses that are legally part of the same group of companies that Fototwics is part of, or that become part of that group ("Affiliates") may receive your information.

With Service Providers: Third-party organizations that help us provide the Service to you ("Service Providers") may receive your information with reasonable confidentiality terms.

With Third-Party Advertising Partners: Third-party advertising networks may also receive your information to deliver targeted advertisements.

In Response to Legal Requests and to Prevent Harm: We may share your information in response to a legal request. This may include responding to legal requests from jurisdictions outside of the United States. We may also share information when we have a good faith belief it is necessary to detect or prevent illegal activity or activity that violates our Terms of Use; and to prevent death or imminent bodily harm. Information we receive about you may be accessed, processed and retained for an extended period of time when it is the subject of a legal request or obligation, governmental investigation, or investigations concerning possible violations of our terms or policies, or otherwise to prevent harm.

You can change your account information and profile/privacy settings at any time by visiting settings in your account profile.

You can also permanently delete your Fototwics account. Following termination or deactivation of your account, Fototwics, its Affiliates, or its Service Providers may retain information (including your profile information) and Content for a reasonable time for backup, archival, and/or audit purposes.

If you remove information that you posted to the Service, 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. The information that you posted to the Service may still continue to persist and appear within the Service (e.g., if your content has been re-shared by others)

You are responsible for keeping your password secret and secure. We encourage you to use passwords that use a combination of characters and symbols to keep the password secret and secure. Fototwics cannot and will not be liable for any loss or damage arising from your failure to keep your password secret and secure. Your privacy settings may also be affected by changes that third-party services you use to connect to Fototwics, make to their own services. We are not responsible for any privacy or security measures of any third-parties.

The use of the Services is limited to those over the age of 13. If you are aware of a User under the age of 13 using the Service, please contact us.

You agree that we are not responsible and do not have control over any third-parties that you authorize to access your Content, even if such access to third parties is provided by links or applications appearing within the Service. If you are using a third-party service and you allow them to access your Content you do so at your own risk. But if you choose to interact with users through third-party sites, then you will be prompted to set up a link to the third-party service and you understand that any information that such service may provide to us will be governed by this Privacy Policy.