FlipaClip Privacy Policy

Introduction

Visual Blasters, LLC (“Visual Blasters,” “We” or “Us”) respects your privacy, and we are committed to protecting it through our compliance with this policy. This policy describes:

• ​The types of information we may collect or that you may provide when you purchase, download, install, register with, access, or use the FlipaClip Application or the XiiaLive Application (each an “App” and collectively the “Apps”).
• The types of information we may collect or that you may provide when you access or visit the Visual Blasters website at www.visualblasters.com, the FlipaClip website at www.flipaclip.com, or the XiiaLive website at www.xiialive.com (each a “Website” and collectively the “Websites;” the Apps and Websites are, collectively, our “Services”).
• Our practices for collecting, using, maintaining, protecting, and disclosing that information.
• The rights and control you have over your information.

This policy applies only to information we collect:

• Through our Services.
• In email, text, and other electronic communications between you and the Services.
• Over the phone, offline, or through other means.
• From third-party sources.
• From job applicants, employees, and independent contractors of Visual Blasters located in California.

This policy DOES NOT apply to information that:

• You provide to or is collected by any application or content that may link to or be accessible from or through the Services.
• You provide to or is collected by any third party not on our behalf.
• Is collected by us about job applicants, employees, or independent contractors located outside of California.
• Is collected by us about any entity or party with whom we have only a business-to-business relationship, if that entity or party is located outside of California.

Third parties may have their own privacy policies, which we encourage you to read before providing information on or through them.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, do not download, register with, or use our Services. By downloading, registering with, or using our Services, you agree to this privacy policy. This policy may change from time to time. Your continued use of our Services after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

Children Under the Age of 13

Our Services are not intended for children under 13 years of age. Before you use our Services you must verify your age.  We do not request, prompt, or encourage the submission of information from children under 13 years of age, and any such features of our Services will be disabled for users who represent that they are under 13 years of age.  Therefore, children under Age 13 may not be able to access and use all of the features of our Services.

We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on our Services or on or through any of the features of our Services, register through our Services, make any purchases through the Services, use any of the interactive or public comment features of the Services or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use.

If we learn we have collected or received personal information from a child under 13, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us [email protected].

Information We Collect and How We Collect It

We collect several types of information from and about users of our Services, including information:

• That identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household (“personal information”).
• That is about you but individually does not identify you, such as demographic information, preferences, and actions taken within our Apps and Services.
• That identifies your region or rough geographic location.
• About your internet connection, the equipment, device, or software you use to access the Services, and usage details.

We collect personal information from and about users of our Services:

• Directly from you when you provide it to us.
• Automatically when you use and navigate through the Services.
• From third-party business partners.

Information You Provide to Us

When you download, register with, use our Apps and Services, or contact us we may ask you to provide information that includes:

• Information that you provide by filling in forms on our Services. This includes information provided when you download our Apps, register to use our Services, post material, and request further services. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with the Services.
• Records and copies of your correspondence (including email addresses and phone numbers), if you contact us.
• Your responses to surveys that we might ask you to complete for research purposes.
• Your search queries on the Services.

The personal information you provide directly to us may include your name, email address, age, and other information by which you may be contacted online or offline.

You may provide information to be published or displayed (“Posted”) on public areas of websites you access through the Services (collectively, “User Contributions”). Your User Contributions are Posted and transmitted to others at your own risk. Although you may set certain privacy settings for such information by logging into your account profile, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of third parties with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

Automatic Information Collection and Tracking

When you download, access, and use the Apps and Services, we may use technology to automatically collect:

• Usage Details. When you access and use the Services, we may automatically collect certain details of your access to and use of the Services, including traffic data, location data, logs, and other communication data and the resources that you access and use on or through the Services.
• Device Information. We may collect information about your mobile device and internet connection, including your IP address and the device’s unique device identifier (including Google Advertising ID (“GAID”) or Apple Identifier for Advertisers (“IDFA”)), operating system, language, browser type, and mobile network information.
• Stored Information and Files.The Services also may access metadata and other information associated with other files stored on your device, when you use the Services to access those files.  This may include, for example, photographs, audio and video clips, and metadata and other information about or associated with those files.
• Location Information.This app collects information about the location of your device to tailor your user experience and determine your privacy rights and ensure we meet our responsibilities to you.  Location information is only approximate and is estimated from your device’s IP address.

We may also use these technologies to collect information about your activities over time and across third-party websites, apps, or online services (behavioral tracking).  You may opt out of behavioral tracking within the Privacy Preferences Center in the app.

The information we collect automatically may include personal information, or we may maintain it or associate it with personal information we collect in other ways or receive from third parties.  It helps us to deliver a better and more personalized user experience, including by enabling us to:

• Estimate our audience size and usage patterns.
• Analyze the usage and performance of our Services.
• Store information about your preferences, allowing us to customize our Services according to your individual interests.
• Speed up your searches.
• Recognize you when you return to our Services.

The technologies we use for automatic information collection may include:

• Cookies (or mobile cookies). A cookie is a small file placed on your smartphone, computer, or other device. It may be possible to refuse to accept cookies by activating the appropriate setting on your device or browser. However, if you select this setting, you may be unable to access certain parts of our Services.  Unless you have adjusted your device or browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser or device to our Services.
• Web Beacons. Parts of the App and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit Visual Blasters, for example, to count users who have visited those pages or opened an email and for other related App statistics (for example, recording the popularity of certain App content and verifying system and server integrity).
• Google Analytics. We use Google Analytics to optimize our Services based on the traffic we receive and assist with marketing. To learn more about Google Analytics, including options for opting out and/or managing the ads you may see online please visit https://policies.google.com/technologies/partner-sites. Additional information regarding online advertising is available at: https://www.networkadvertising.org/understanding-online-advertising/what-are-my-options. To learn more about targeted advertising and the choices available to you, visit Webchoices:  Digital Advertising Alliance’s Consumer Choice Tool for Web US.

Third-Party Information Collection

When you use the Services, certain third parties may use automatic information collection technologies to collect information about you or your device. These third parties may include:

• Advertisers, ad networks, and ad servers.
• Analytics companies.
• Operating Systems and Platforms.
• Service Providers.
• Your mobile device manufacturer.
• Your mobile service provider.

The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites, apps, and other online services websites. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should review the third party’s privacy policy or contact the responsible provider directly.  For information about how you can opt out of receiving targeted advertising from many providers, see Your Choices About Our Collection, Use, and Disclosure of Your Information, below.

Categories of Personal Information Collected in the Past 12 Months

The table below show the categories of personal information and sensitive personal information that we have collected in the past 12 months:

In the course of our regular business operations, we may collect certain sensitive personal information about you.  In the past 12 months we have collected the categories of sensitive personal information shown in the table below.

We will not retain your personal information or sensitive personal information for longer than is reasonably necessary for each disclosed collection and use purpose.

We may retain your personal information and sensitive personal information for as long as you have an active account with us so that we can continue to provide our services to you.  We may also retain deidentified and/or anonymized data – including values such as Google Advertising ID (“GAID”) and ID for Advertisers (“IDFA”) – if you delete your account.  We only use deidentified and anonymized data for our internal analytics and product improvement purposes.  We maintain strict internal controls to protect your privacy and ensure the anonymization of the data we retain long-term.

Google Privacy Policy and YouTube API

As part of the Services we offer, we use or access YouTube’s API Services and therefore, any use of such YouTube API Services is subject to the YouTube Terms of Services and Google’s Privacy Policy. You can revoke the API Client’s access at any time via the Google security settings page.

How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information, to:

• Provide you with our Services and its contents, and any other information, products, or services that you request from us.
• Analyze the usage and performance of our Services.
• Fulfill any other purpose for which you provide it.
• Carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
• Provide you with notices about your account.
• Allow you to participate in interactive features within our Services.
• Notify you when App updates are available, and of changes to any products or services we offer or provide through it.
• In any other way we may describe when you provide the information.
• For any other purpose with your consent.

The usage, device, and network information we collect helps us to improve our Services and to deliver a better and more personalized experience by enabling us to:

• Estimate our audience size and usage patterns.
• Analyze the usage and performance of our Services.
• Store information about your preferences, allowing us to customize our Services according to your individual interests.
• Speed up your searches.
• Recognize you when you use and return to the Services.

We use location information we collect to better understand our app usage demographics, and to ensure we respect your privacy rights and follow applicable privacy laws.

We may also use your information to contact you about our own and third parties’ goods and services that may be of interest to you. If you do not want us to use your information in this way, please check the relevant box under the app settings for notifications and for emails opt-out option generally located at the end of the email.

We may use the information we collect to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

Disclosure of Your Information

We may disclose aggregated information about our users, and information that does not identify any individual or device, without restriction.
In addition, we may disclose personal information that we collect or you provide as described in this privacy policy:​

• To our subsidiaries and affiliates.
• To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Visual Blasters’ assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Visual Blasters about our Services’ users is among the assets transferred.
• To third parties to market their products or services to you if you have consented to/not opted out of these disclosures.
• To fulfill the purpose for which you provide it.
• For any other purpose disclosed by us when you provide the information.
• With your consent.
• To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
• To enforce our rights arising from any contracts entered into between you and us, including any applicable App EULA, and for billing and collection purposes.
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Visual Blasters, our customers, or others. 

Categories of Personal Information Shared or Sold in the Past 12 Months

Your Choices About Our Collection, Use, and Disclosure of Your Information

We strive to provide you with choices regarding the personal information you provide to us. This section describes mechanisms we provide for you to control certain uses and disclosures of your information.

Tracking Technologies.  You can set your device or browser to refuse all or some cookies, or to alert you when cookies are being sent.  You can choose whether or not to allow the Services to collect information through other tracking technologies from the Privacy Preference Center.  If you disable or refuse cookies or block the use of other tracking technologies, some parts of the Services may then be inaccessible or not function properly.

Location Information.  You can choose whether or not to allow the Services to collect and use real-time information about your device’s location through the device’s privacy settings.  If you block the use of location information, some parts of the Services may become inaccessible or not function properly.

Promotion by Visual Blasters. If you do not want us to use your email address to promote our own or third parties’ products or services, you can always opt-out directly from the opt-out link at the bottom of the email We send you. You can also always opt-out by sending us an email stating your request to [email protected].

Targeted Advertising by Visual Blasters. If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertiser’s target-audience preferences, you can opt out from the Privacy Preferences Center in the App.

Disclosure of Your Information for Third-Party Advertising and Marketing. If you do not want us to share your personal information with unaffiliated or non-agent third parties for advertising and marketing purposes, you can opt out from the Privacy Preferences Center.

We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way.

For more information on how you can control the use of your personal information for advertising purposes, you can visit:

• NAI Consumer Opt-Out
  • WebChoices:  Digital Advertising Alliance’s Consumer Choice Tool For Web US
  • Advertising – Privacy & Terms – Google

Website Analytics Services

We use certain analytics services, such as those provide by Google Analytics, to gather information about our site visits. Learn more about Google Analytics, including opting out of Google Analytics.

Data Retention

When you register for an account, we process and retain most personal information we have about you for as long as you are a user of our services or until the information or as soon as it is deemed unnecessary. When you close your account, we begin deleting certain personal information that we no longer have a business reason to retain.  We may also retain deidentified and/or anonymized data, as described above.  We may be required to retain certain information about you, such as when there is a legal requirement to do so.  For additional information on the retention of specific types of personal information, see above.

Accessing and Correcting Your Personal Information

You can review and change your personal information by logging into the Services and visiting your account profile page, or by emailing us at [email protected]. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

You may request us to delete any personal information that you have provided to us by deleting your account under Login & Security in the FlipaClip App. We cannot delete your personal information except by also deleting your user account. Once the request is submitted, your personal information will be deleted from our systems immediately.  We may retain deidentified and/or anonymized data, as described above.   You may also request that we delete your account by emailing us at [email protected].

If you delete your User Contributions from the Services, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other users. Proper access and use of information provided on the Services, including User Contributions, is governed by our terms of use.

Your State Privacy Rights

The California Consumer Privacy Act, as amended by the California Privacy Rights Act (collectively, “California Privacy Law”), as well as other state consumer privacy laws, provide their residents with additional rights regarding our use of their personal information.  These rights are described below.

The Right to Know and to Confirm, and the Right to Data Portability

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months (the “right to know” and the “right to confirm”). Once we receive your request and confirm your identity, we will disclose to you:

• The categories of personal information that we collected about you.
• The categories of sources for the personal information we collected about you.
• Our business or commercial purpose for collecting or selling that personal information.
• The categories of third parties with whom we share that personal information.
• If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
  • Sales, identifying the personal information categories that each category of recipient purchased; and
  • Disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
• The specific pieces of personal information we collected about you (also called a “data portability” request).
  • If you submit a data portability request, we will provide you with a copy of your personal information in a common and portable format that you may transfer to another organization of your choosing.

The Right to Delete

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions (the “right to delete”). Once we receive your request and confirm your identity, we will review your request to see if an exception allowing us to retain the information applies. We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

1. Complete the transaction for which we collected the personal information, provide a service that you requested, take actions reasonably anticipated within the context of our ongoing relationship with you, or otherwise perform our contract with you.
2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
3. Debug products to identify and repair errors that impair existing intended functionality.
4. Exercise free speech, ensure the right of another individual to exercise their free speech rights, or exercise another right provided for by law.
5. Comply with specific laws, such as the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
7. Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us.
8. Comply with a legal obligation.
9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

We will delete or deidentify personal information not subject to one of these exceptions from our records and will direct our service providers to take similar action.

The Right to Correct Inaccurate Information

You have the right to correct any inaccurate personal information about you that we have in our possession (the “right to correct”).  Once we receive your request and confirm your identity, we will disclose to you the specific pieces of personal information that we have collected about you.  You will then have the opportunity to direct us to correct the pieces of information which you believe are inaccurate.

We may deny your request to correct if we believe the updated information is incorrect or is being used for any fraudulent or deceptive purpose.

The Right to Restrict Sensitive Personal Information Processing

You have the right to restrict our processing of your sensitive personal information (the “right to restrict”).  Once we receive your request and verify your identity, we will cease the processing of your sensitive personal information for the purpose of inferring characteristics about you.  Please note that we may continue to process your sensitive personal information for other purposes consistent with this Privacy Policy.

The Right to Opt Out of the Processing and Sale of Personal Information

You have the right to direct us to not process your personal information for targeted advertising and to not sell your personal information at any time (the “right to opt-out”). Once we receive your request, we will no longer use or process your personal information for the purpose of providing targeted advertising to you based on your activity and interests.  We will also no longer sell (as that term is defined by relevant and applicable state law) your personal information to third parties for targeted advertising purposes.

The Right to Opt Out of the Sharing of Personal Information for Cross-Contextual Behavioral Advertising

You have the right to opt out of the sharing of your personal information with third parties for cross-contextual behavioral advertising.  Once we receive your request, we will no longer use or process your personal information for the purpose of advertising to you based on your individual activity.

The Right to Opt Out of Profiling

You have the right to opt out of profiling in furtherance of decisions that produce legal or similarly significant effects to you.  Once we receive your request, we will no longer use or process your personal information for making decisions that produce a legal or similarly significant effect to you.

The Right to Be Free from Discrimination

We will not discriminate against you for exercising any of your rights under applicable state privacy law.  Unless permitted by state law, we will not:

• Deny you goods or services.
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
• Provide you with a different level or quality of goods or services.
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

However, we may offer you certain financial incentives permitted by state privacy law that can resultin different prices, rates, or quality levels. This may include loyalty and rewards programs. Any legally permitted financial incentive we offer will reasonably relate to your personal information’s value and will contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time.

Exercising Your Rights

To exercise your rights described in this privacy policy, you may submit a request to us by:

• Visiting and following the directions on our request submission page.
• Emailing us at [email protected].
• Writing to us at Visual Blasters, LLC, ATTN: Privacy Officer, 382 NE 191^st St Suite 76222, Miami, FL 33179.

Only you or someone legally authorized to act on your behalf may make a request related to your personal information.  You may also make a request on behalf of your child.  You may only submit a request twice within a 12-month period.

We may not require you to provide additional personal information to verify your identity for opt-out requests.  However, to process other requests, we may require you to:

Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, which may include:

• Providing at least three (3) pieces of information that match the information we have about you.
  • Providing a signed declaration, under penalty of perjury, that you are the individual about whom you have submitted the request, or that you are legally authorized to submit the request on the individual’s behalf.
  • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm that the personal information relates to you.

You do not need to create an account with us to submit a request.  We will only use the personal information provided in the request to verify the requestor’s identity or authority to make it.

You may appeal a decision concerning your privacy rights by emailing us at [email protected] or by writing us at:  Visual Blasters, LLC, ATTN: Privacy Officer, 382 NE 191^st St Suite 76222, Miami, FL 33179.

Response Timing and Format

We will confirm receipt of your request within ten (10) business days. If you do not receive confirmation within the 10-day timeframe, please email [email protected].

We endeavor to substantively respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to another 45 days), we will inform you of the reason and extension period in writing.

If you have an account with us, we may deliver our written response to that account. Alternatively, or if you do not have an account with us, we will deliver our written response by mail or electronically, at your option.

Any disclosures we provide will only cover the 12-month period preceding our receipt of your request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Overseas Transfer

We operate worldwide, and we may move, process, and store your account data in the United States, which may be outside the country where you live. Not all data protection laws are the same. Some countries where we transfer personal data may allow government authorities greater access than your country does.

When creating an account with FlipaClip, your personal data will be transferred to the United States for the purposes of creating an account to participate in contests. The information that is transferred includes your name, date of birth, country, and email address. This information is transferred upon the user’s use of its services, over a network, and is kept confidential until the user’s deletion of the account or during the mandatory statutory period for retention of personal information.

Additional California Privacy Rights

California Civil Code Section 1798.83 permits users of our App that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to [email protected] or write to us at Visual Blasters, LLC, ATTN: Privacy Officer, 382 NE 191^st St Suite 76222, Miami, FL 33179.

Data Protection Officer

Visual Blasters has appointed Jonathan Meson as its data protection officer.  You may contact our data protection officer by email at [email protected] or by mail at Visual Blasters, LLC, ATTN: Data Protection Officer, 382 NE 191^st St Suite 76222, Miami, FL 33179.

Data Security

We will take reasonable steps to protect the personal information we collect from accidental loss, misuse, unauthorized access, disclosure, alteration, or destruction.  We also use reasonable efforts to ensure that our Websites and Services are generally available to access information concerning our privacy practices.  However, there will be occasions when access to the Websites and Services will be interrupted or unavailable.  We will use reasonable efforts to minimize such disruption where it is within our reasonable control.  You agree that Visual Blasters shall not be liable to you for any modification, suspension, or discontinuance of the Websites and Services.
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The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Services like message boards. The information you share in public areas may be viewed by any user of the Services.

Unfortunately, the transmission of information via the internet and mobile platforms is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted through our Services. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained within the Services.

Changes to Our Privacy Policy

We may update our privacy policy from time to time. If we make material changes to how we treat our users’ personal information, we will post the new privacy policy on this page.

The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you and for periodically visiting this privacy policy to check for any changes.

Contact Information

To ask questions or comment about this privacy policy and our privacy practices, contact us at [email protected] or write to us at Visual Blasters, LLC, 382 NE 191st St Suite 76222, Miami, FL 33179.