Privacy Policy

Last Updated: October 5, 2021

By visiting Picmaker.com, creating an account on the website, or by using any of Picmaker’s services, you are accepting the practices described in this Privacy Policy, to the extent permitted by law. If you do not accept the practices described in this privacy policy, you should not use Picmaker.com or any of picmaker’s services.

Welcome to Picmaker’s Privacy Policy. This policy applies to your use of the Picmaker.com website, and any other websites, applications, or services provided, owned, or operated by Picmaker (also referred to herein as “We” or “Us”). Picmaker is a technology product of Animaker Inc., which was created for the purpose of allowing Users (or, “You”) to create design graphics for business or personal use on social media platforms, or on the Users’ own websites.

For purposes of data protection laws, Animaker Inc.,a corporation located at 1160 BATTERY ST STE 100 , SAN FRANCISCO, CA, 94111, is the “data controller” of the information which may be collected in connection with Picmaker’s services.

1. Personal Information Picmaker Collects About You

Picmaker will collect certain information about you directly from you and from third parties.

  • User-provided Information: Picmaker will collect certain information that you provide us when you create an account or correspond with us. This information includes, but is not limited to, your first and last names, username, birthday, phone number, email address, and billing information. In addition, we will collect any messages you send us through any means of communication. Further, we may collect information you provide while posting content on Picmaker.com and any other websites, applications, or services provided, owned, or operated by Picmaker. If you do not provide any of your personal information to us, your access to and experience of using Picmaker.com may not be the same as it otherwise might be.

    Summary: When you provide personal information, we will keep it and use it to provide our services in the manner most tailored to you.

  • Information from Third Parties: Picmaker may receive information from third parties. For example, if you link your Facebook account to Picmaker, Picmaker may receive information from Facebook that you have permitted Facebook to share. Before linking your account, review and adjust your privacy settings on third-party websites. Picmaker may also receive information about your engagement with advertisements from our ad servers, networks, and social media platforms.

    Summary: If you link your Picmaker account with third parties, the third parties will provide information to Picmaker.

  • Automatically-Collected Information: When you access Picmaker.com, we automatically record and store certain information about your system by using cookies and other types of technologies. Cookies are small text files containing a string of alphanumeric characters that are sent to your browser. Information that the cookies collect may include your IP address, unique user ID, device and browser types, software and system type, and information about your usage of Picmaker. Picmaker will use both “essential” and “non-essential” cookies to operate the Picmaker website. Examples of the function of essential cookies include preventing Users from needing to log in each time the User accesses a new page on the Picmaker website. Non-essential cookies are used by various third parties that help Picmaker function properly. Non-essential cookies may include marketing or advertising companies that help promote Picmaker. You may control your cookie settings through your web browser but note that Picmaker may not be fully functional if cookies are disabled.

    Summary: We keep information about you and how you use Picmaker unless you disable cookies in your internet browser.

  • Electronic Signatures: The Picmaker services include an E-Sign module that allows Users to sign documents or share a document to collect another party’s signature. These signatures are collected only to fulfill legal obligations, and will not be used for any other purpose, such as marketing, advertisement, or promotional means. Picmaker will never disseminate e-signatures unless specifically compelled by law.

    Summary: Your signature is only used to fulfill legal obligations and no other purpose.

2. Why Picmaker Collects Personal Information

We collect your information for the benefit of both Picmaker and you. In order to comply with various rules and regulations, we must obtain your consent before we may collect your information.

  • We use the information collected to provide security for the website; to manage relationships with Picmaker account holders; to improve your experience through content recommendations and the delivery of relevant content to you; to prevent fraud and abuse; and to understand your usage trends on the Picmaker platform. If you do not opt-in, some features, such as content recommendations, may not be provided, or will not be accurate to reflect your preferences.

    Summary: We use your information to improve your experience on Picmaker.com.

  • We may use your email address or phone number to notify you regarding major updates to policies, for customer service purposes, or for content that may be flagged for any reason by us. We may also use your email address or phone number to promote Picmaker features and for other promotional offers. We will also use your physical address, email, and credit card number to verify transactional purchases on Picmaker.com. We may use your contact information to provide customer service.

    Summary: We may use your information to contact you.

  • In certain cases, we have a legal obligation to collect and process your information. For example, we will use or disclose your information at the reasonable request of law enforcement, court order, or to protect the rights of Picmaker or other users.

    Summary: We may collect your information to comply with the law.

  • We will always seek consent to process personal information for a specific purpose, and that consent may be revoked at any time.

    Summary: You may revoke your consent to us collecting your information at any time.

  • We will rely on legal grounds to process personal information to the extent permitted by applicable law. We will also rely on our terms and conditions in processing personal information.

    Summary: We will only process your information in accordance with the law and our terms and conditions.

3. Disclosure of Personal Information

  • We may disclose your information for the purpose of enhancing the features of the website and your overall experience. Some of our services include recommendations and suggestions for the content that you may want, such as vendor options in our marketplace module.

    Summary: We may disclose your information to improve your experience on Picmaker.com.

  • We may disclose your information if we have a good-faith belief that such disclosure is necessary to comply with relevant state and federal laws, or other applicable laws around the world.

    Summary: We may disclose your information to comply with the law.

  • We reserve the right to disclose information that we believe is appropriate or necessary to protect Picmaker from potential liability, fraudulent use, the defense of Picmaker from third-party claims, the protection of the security of the website services, or to protect the rights of Picmaker and its users.

    Summary: We may disclose your information to protect us from liability or to protect the rights of others.

  • We partner with third parties to assist with certain functions. We may share your information with third parties but only to the extent reasonably necessary for the third party to carry out certain functions. These functions may include, but are not limited to, billing, customer support, security, analytics, and advertising.

    Summary: We may disclose your information to third-party service providers.

  • Any content that you voluntarily disclose by posting on Picmaker.com becomes available to the public. If you remove content that you have posted, copies will remain viewable in cached and archived pages.

    Summary: Your content is public.

4. Account Closure and Deletion

You may delete your account at any time. If you want to delete your account and information, you can delete your account by clicking the “Delete Account” button located within you “My Account” page, or by emailing Picmaker at legal@animaker.com. Please Note: Picmaker may retain some information described in this Privacy Policy to comply with applicable laws after your account has been deleted from the website. Please read our “Retention of Information” section for information about why Picmaker retains some information after an account has been deleted.

Summary: You may delete your account at any time, but we may still retain some of your information.

5. Retention of Information

Picmaker may retain the data it collects for a certain period of time, depending on the purposes for which it was collected, and as described in this Privacy Policy. In addition, Picmaker will retain information necessary to support Picmaker, improve website functionality, comply with legal obligations, resolve disputes, and any content posted by Users during their use of Picmaker. Your information will be stored and processed in the United States and any other country in which Animaker, Inc. or its subsidiaries, affiliates, or service providers maintain facilities.

Summary: We will retain your information anywhere that Animaker, Inc. maintains facilities.

6. Securing your Information

We take all appropriate preventive steps to preserve the security of all information that we collect and retain. These preventive steps include requiring a unique password and username. However, we cannot guarantee that the information on Picmaker will not be accessed, disclosed, altered, or destroyed. We are not responsible for the security measures of any third party. In the event that information under our control is compromised, we will take steps necessary to investigate the situation. We may notify you if your information has been compromised.

Summary: We take all steps necessary to protect your data but cannot guarantee its complete security.

7. Children’s Privacy

IF YOU ARE UNDER 13 YEARS OF AGE, DO NOT USE OR ACCESS PICMAKER AT ANY TIME OR IN ANY MANNER.

We will comply with laws to protect children and minors, as defined under the United States Children’s Online Privacy Protection Act (COPPA). We will also comply with all state and federal regulations that protect minors. If we learn that we have collected personal information of unauthorized users under the age of 13, we will take the appropriate steps to remove such an account and any associated information.

If you are a parent or guardian who believes that Picmaker has inadvertently collected information from a user under 13 years of age, please email us at legal@animaker.com.

8. Changes and Updates to Privacy Policy

We reserve the right to change, modify, add, or remove portions of this Privacy Policy at any time (examples include changes to the law or by the suggestion of legal counsel). Please check this Privacy Policy periodically for such changes. Any changes made to this Privacy Policy will be reflected by a note at the top of the Policy that denotes the last date of change. Further, we will send all users an email notifying them of any substantial changes made to the Privacy Policy. Continued use of Picmaker’s services after such notification assumes your consent and binding acceptance to such changes.

Summary: We will always notify you of major changes to our Privacy Policy.

SUPPLEMENTAL PRIVACY NOTICE FOR CALIFORNIA RESIDENTS

This Privacy Notice for California Residents supplements the information contained in the Picmaker.com Privacy Policy (above), and applies only to California residents.

Personal Information Collection and Purposes of Use

i) We collect and use information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, to you or your devices when you visit this website, provide us your personal information, or have a contractual or business relationship with us or any of our affiliates, (“Personal Information”). Such Personal Information includes direct identifiers like a name, postal address, email address, social security number or other government identifier, and indirect identifiers that may identify, relate to, or be associated with a particular individual, such as a telephone number, device identifier, IP address and browsing history, credit card information, or inferences about consumer preferences or characteristics.

ii) We collect this Personal Information for the following purposes:

  • to respond to your inquiries and to fulfill your requests;
  • to send you important information regarding our relationship with you or regarding this website, changes to our terms, conditions, and policies and/or other administrative information;
  • for audits, to verify that our internal processes function as intended and are compliant with legal, regulatory, or contractual requirements;
  • for fraud or crime prevention, and for technical security monitoring purposes;
  • to facilitate the development of new products and services;
  • to enhance, improve or modify our website or products and services;
  • for data analysis that will allow us to understand website usage trends;
  • to determine the effectiveness of our promotional campaigns, so that we can adapt our campaigns to the needs and interests of our users;
  • to better understand you, so that we can personalize our interactions with you and provide you with information and/or offers tailored to your interests;

Our Personal Information Handling Practices in 2021

In the preceding 12 months, we have collected the following categories of Personal Information from California residents who have visited this website, provided us their Personal Information, or had or have a contractual or business relationship with us or any of our affiliates:

  • Direct identifiers as described above;
  • Indirect identifiers as described above.

We have collected such Personal Information from one or more of the following categories of sources:

  • Information that you submit or share directly with us, through registrations, surveys, applications, or telephone calls, and email and postal communications;
  • Information passively collected from cookies and other website analytics;
  • Information collected through third parties or from your browsing activity on other sites, such as on social media platforms, and public databases;
  • From one or more of our affiliates with which you have a business relationship;
  • Service providers with which we have a contractual relationship and to which you have provided your Personal Information.

We collected such Personal Information for the purposes noted above (see “Personal Information Collection and Purposes of Use”) and in the Picmaker.com Privacy:

We may have shared such Personal Information with the following categories of third parties:

  • Service providers that help us to run our business, such as call centers and order fulfillment and distribution companies, credit card processing companies, web hosting and development companies, and direct marketing agencies.
  • Vendors that help us track the effectiveness of advertisements on our Sites.
  • Vendors that help us to provide you with program, services, or educational information we believe may be of interest to you.
  • third parties with which we jointly market a product.
  • Affiliates and subsidiaries that may have or may want to seek a business relationship with you.

We collected one or more of the following specific pieces of personal information:

  • Legal name, nickname, signature, email address, postal address, social security number, date of birth, driver’s license number, physical characteristics or description, educational level, current employment or employment history, biometric information, and/or geolocation data.
  • Account name, bank account number, credit card number, debit card number, or any other financial information, medical information and/or health insurance information.
  • Online identifier, Internet Protocol address, Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an Internet Web site, application, or advertisement.

Unless specifically stated, we do not share, disclose or sell personal information to third parties for their own use, but we do share your personal information with our affiliates and trusted partners in arrangements that may meet the broad definition of “sale” under California law. In these arrangements, use of the information we share is limited by policies, contracts, or similar restrictions.

Your Privacy Rights

You have the following rights regarding our collection and use of your personal information. To exercise those rights, you must submit a request by email at legal@animaker.com or through the privacy request form. We may ask you to provide additional information to verify your request. We may not discriminate against you if you exercise your rights as described in this notice. For example, we may not deny goods or services to you, or charge you different prices or rates, or provide a different level of quality of products or services.

Right to Information

You have the right to request the following information regarding the personal information we have collected about you:

  • Categories of personal information collected about you, and sources from which collected;
  • Our purpose for collecting personal information;
  • Categories of third parties with which the personal information was shared; and
  • Specific pieces of personal information collected about consumers.

You have the right to request the following information regarding the personal information we have sold or disclosed about you:

  • Categories of your personal information sold in the preceding 12 months;
  • Categories of third parties to whom your personal information has been disclosed;
  • Categories of personal information that we disclosed about consumers for a business purpose.

Right to Opt Out of Sharing, Disclosure, or Sale of Personal Information

You have the right to direct us to not share, disclose, or sell your personal information.

Right to Request Deletion

You have the right to request that we delete the personal information we have about you. However, we are not required to delete information if it is necessary to retain your information to:

  • Complete the transaction for which the personal information was collected, provide a good or service requested by you, or a transaction reasonably anticipated within the context of our or one of our affiliate’s ongoing business relationship with you, or to otherwise perform a contract we have with you.
  • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for that activity.
  • Debug to identify and repair errors that impair existing intended functionality.
  • Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law.
  • Comply with the California Electronic Communications Privacy Act pursuant to Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code.
  • 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 deletion of the information is likely to render impossible or seriously impact the achievement of such research, if you have provided informed consent.
  • Facilitate solely internal uses that are reasonably aligned with your expectations based on your relationship with us or one of our affiliates.
  • Comply with a legal obligation.
  • Otherwise use the personal information, internally, in a lawful manner that is compatible with the context in which it was provided.

10. Nevada Privacy Disclosures

The new SB 220 amendment under Nevada state law governs the sale or exchange of personal information for monetary consideration. Picmaker does not, and will not, sell or exchange Users’ personal information. All Users are automatically set to “opt-out” of having their information sold. If Picmaker chooses to change this policy at a later date, it will notify all Users through email notification. In such instance, all Users will still default to the “opt-out” choice.

Summary: If you are a Nevada user, you have consumer rights specifically tailored to Nevada.

SUPPLEMENTAL PRIVACY NOTICE FOR NEVADA RESIDENTS

This Supplemental Privacy Notice for Nevada Residents adds to the information contained in the Picmaker.com Privacy Policy (above), and applies only to Nevada residents.

Personal Information Collection and Purposes of Use

We collect certain personal information of Nevada consumers through our Internet websites or other online service. This information includes one or more of the following elements of personally identifiable information:

  • A first and last name.
  • A home or other physical address that includes the name of a street and the name of a city or town.
  • An electronic mail address.
  • A telephone number.
  • A Social Security Number.
  • An identifier that allows a specific person to be contacted either physically or online.
  • Any other information concerning a person collected from the person through the Internet website or online service of the operator, and maintained by the operator in combination with an identifier in a form that makes the information personally identifiable.

We collect this personal information for the following purposes:

  • to respond to your inquiries and to fulfill your requests;
  • to send you important information regarding our relationship with you or regarding this website, changes to our terms, conditions, and policies and/or other administrative information;
  • for audits, to verify that our internal processes function as intended and are compliant with legal, regulatory, or contractual requirements;
  • for fraud or crime prevention, and for technical security monitoring purposes;
  • to facilitate the development of new products and services;
  • to enhance, improve or modify our website or products and services;
  • for data analysis that will allow us to understand website usage trends;
  • to determine the effectiveness of our promotional campaigns, so that we can adapt our campaigns to the needs and interests of our users.
  • to better understand you, so that we can personalize our interactions with you and provide you with information and/or offers tailored to your interests.

Right to access and/or correct your personal information, or opt out of sale of personal information

If you would like to review, correct, or update your personal information, you or your authorized representative may submit your request via email at legal@animaker.com, or through this Form. We will respond to your verified request as soon as reasonably practicable, but no later than sixty (60) days after receipt. If circumstances cause any delay in our response, you will be promptly notified and provided a date for our response.

We generally do not disclose or share personal information for profit. Under Nevada law, you have the right to direct us to not sell or license your personal information to third parties. To exercise this right, if applicable, you or your authorized representative may submit a request via email to legal@animaker.com, or this privacy request form. We will respond to your verified request as soon as reasonably practicable, but no later than sixty (60) days after receipt. If circumstances cause any delay in our response, you will be promptly notified and provided a date for our response.

Contact Us

You can contact us with questions about this Privacy Notice for Nevada Residents or to exercise your rights as described in this Notice at legal@animaker.com.

11. European Privacy Disclosures

The General Data Protection Regulation (GDPR) and the ePrivacy Directive require each User’s informed, specific, clear, and affirmative action consent for the website to use non-essential cookies. Our Privacy Policy and Cookie Policy will always be displayed the first time you access our website and will request User consent for Picmaker to use these non-essential cookies. For more information on the types of non-essential cookies that Picmaker uses, please carefully read through our Cookie Policy linked here.

The GDPR applies to all EU organizations that handle personal data. The GDPR also applies to organizations outside the EU that offer goods or services to individuals in the EU. This represents a territorial expansion of the pre-GDPR regime.

What Data is Covered by the GDPR?

The GDPR applies to personal data and special categories of personal data, i.e., sensitive personal data. The GDPR's definition of personal data is more detailed and expansive than in the pre-GDPR regime, e.g.:

  • A wide range of personal identifiers (such as IP address) can constitute personal data;
  • The GDPR applies to automated personal data and manual filing systems where personal data are accessible according to specific criteria—this could include chronologically ordered sets of manual records;
  • Personal data that has been pseudonymized (e.g., key-coded) can fall within the scope of the GDPR.

The GDPR applies to the processing of personal data:

  • Wholly or partly by automated means (e.g., personal data held in electronic form on a computer or other such device) –or–
  • Other than by automated means, where that personal data forms part of, or is intended to form part of, a filing system (e.g., this could include chronologically ordered sets of manual records containing personal data).

The GDPR applies to the processing of personal data:

  • Wholly or partly by automated means (e.g., personal data held in electronic form on a computer or other such device) –or–
  • Other than by automated means, where that personal data forms part of, or is intended to form part of, a filing system (e.g., this could include chronologically ordered sets of manual records containing personal data).

However, despite its potentially wide material scope, the GDPR does not apply to:

  • Anonymous data. This includes data “which does not relate to an identified or identifiable natural person” or “personal data rendered anonymous in such a manner that the data subject is not or no longer identifiable.”
  • Data relating to deceased persons. Member States are permitted to provide their own rules relating to the processing of personal data of deceased individuals.
  • Data relating to legal persons. This includes the name, form, and contact details of a company or another legal entity, which might have a legal personality separate to its owners or directors, does not constitute personal data and does not fall within the scope of the GDPR.
  • Personal data contained within files or sets of files which are not structured according to specific criteria (e.g., manual/physical files which do not, and are not intended to, form part of a filing system).
  • The processing of personal data in the course of an activity which falls outside the scope of EU law. This includes activities involving national security, or immigration issues relating to third-country nationals on humanitarian grounds.
  • The processing of personal data by Member States when carrying out activities in relation to the common foreign and security policy of the EU.
  • The processing of personal data by an individual for purely personal or household activities with no connection to a professional or commercial activity.
  • The processing of personal data by competent authorities for the purposes of the prevention, investigation, detection, or prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against and the prevention of threats to public security.
  • The processing of personal data by EU institutions, bodies, offices and agencies.

Where Your Personal Information is Held

Information may be held at our offices and those of our affiliated companies, third-party agencies, service providers, representatives, and agents; any of which may be based outside the European Economic Area. For more information, including on how we safeguard your personal information when this occurs, see below: “Transferring your personal information out of the EEA.”

How Long Your Personal Information Will Be Kept

We will keep your personal information while you have an account with us or while we are providing products and/or services to you. Thereafter, we will keep your personal information for as long as is necessary:

  • To respond to any questions, complaints, or claims made by you or on your behalf;
  • To show that we treated you fairly;
  • To keep records required by law.

We will not retain your personal information for longer than necessary for the purposes set out in this policy. Different retention periods may apply for different types of personal information.

Transferring Your Personal Information Out of the EEA

To deliver services to you, it is sometimes necessary for us to share your personal information outside the European Economic Area (EEA), for example:

  • With our offices outside the EEA;
  • With your and our service providers located outside the EEA;
  • If you are based outside the EEA;

These transfers are subject to special rules under European and UK data protection law.

If you would like further information, please contact us (see ‘How to contact us' below).

Rights of the Data Subject

As noted above, the GDPR provides for new and extended data subject rights. These are set out in Chapter 3 of the GDPR, Regulation (EU) 2016/679, GDPR and they include:

  • The right to be informed (Articles 13 and 14);
  • The right of access (Article 15) is the right to be provided with a copy of your personal information;
  • The right of rectification (Article 16) is the right to require us to correct any mistakes in your personal information;
  • The right to erasure, also known as the "right to be forgotten" (Article 17) is the right to require us to delete your personal information—in certain situations;
  • The right to restrict processing (Article 18) is the right to require us to restrict processing of your personal information—in certain circumstances, e.g. if you contest the accuracy of the data;
  • The right to data portability (Article 20) is the right to receive the personal information you provided to us, in a structured, commonly used and machine-readable format and/or transmit that data to a third party—in certain situations;
  • The right to object (Article 21) —at any time to your personal information being processed for direct marketing (including profiling)—in certain other situations to our continued processing of your personal information, e.g. processing carried out for the purpose of our legitimate interests;
  • The right to not to be subject to automated individual decision-making (Article 22) is the right not to be subject to a decision based solely on automated processing (including profiling) that produces legal effects concerning you or similarly significantly affects you.

All of these rights are underpinned by Article 12 of the GDPR, which sets out general rules on transparency which are applicable to, among other things, the provision of information to data subjects and communications with data subjects concerning the exercise of their rights.

For further information on each of those rights, including the circumstances in which they apply, see the Guidance from the UK Information Commissioner's Office (ICO) on individuals’ rights under the General Data Protection Regulation.

If you would like to exercise any of those rights, please:

  • Email—see below: “How to contact us” –and–
  • Let us have enough information to identify you (e.g., your full name, address and customer or matter reference number);
  • Let us have proof of your identity and address (a copy of your driving license or passport and a recent utility or credit card bill);
  • Let us know what right you want to exercise and the information to which your request relates.

12. How to Contact Us

If you have any questions about our Privacy Policy, please email us at legal@animaker.com