Privacy Policy

 

Date: 23/04/2024

 

INTRODUCTION 

 

This privacy policy for PixTuner (“Company,” “we,” “us,” or “our“), describes how and why we might collect, store, use, and/or share (“process“) your information when you use our services (“Services“), such as when you:

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• Visit our website at pixtuner.com, or any website of ours that links to this privacy policy

• Download and use our mobile application PixTuner (‘App’)

• Engage with us in other related ways ― including any sales, marketing, or events
   

By using our Services, you affirm that you are 18 years of age or older, or you are a parent or guardian providing consent for a minor's use of the Services. If we discover any personal information collected from a minor without proper consent, we will promptly delete it from our databases. Please contact us immediately at legal@pixtuner.com if you believe we have collected personal information from an individual under 18.

 

1. WHAT INFORMATION DO WE COLLECT?

 

When you visit, use, or navigate our Services, we may process personal information depending on how you interact with us and the Services, the choices you make, and the products and features you use. We do not process sensitive personal information. We may also receive information from marketing partners, social media platforms, and other outside sources. You may provide personal data to us directly, or to service providers that act on our behalf, when you use our Services or App. The personal data you provide depends on which features of an App you use and how you interact with the App.

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1.1. Personal information you disclose to us

Account. When creating an account you may provide us with your email or while using your Apple ID, Gmail, or Facebook credentials, you authorize us to access and use certain information from these third-party platforms in accordance with their respective terms of service and privacy policies. This may include accessing your name, email address, profile picture, and other relevant information. We will use this information solely for the purpose of creating and managing your account on our platform. By choosing to create an account via a third-party platform, you agree to comply with their terms of service and privacy policies, as well as our own terms and policies. Additionally, you understand that your use of our platform is subject to the privacy practices of the third-party platform through which you created your account.

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Payment Information. We do not directly collect or store any payment information, such as credit card numbers or bank account details. When you make a purchase, your payment is processed by third-party payment providers. These providers may collect and store certain information necessary to process your payments, such as your name, billing address, email address, and the last four digits of your credit card or other payment method. We do not have access to or control over the information collected by these payment providers.

 

Photos that you upload to the App. If you grant us permission to access your camera or your device’s photo library, we will process the photos you select to upload to and to provide features of the App that you choose to use.

 

Other requests. If you contact us or communicate with us, we will collect and receive records and copies of your correspondence with us and contact details that you have provided us while making your inquiries (such as your name, email addresses, or any other identifier by which you may be contacted). 

 

1.2. Information automatically collected

We automatically collect certain information when you visit, use, or navigate the Services. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Services, and other technical information. This information is primarily needed to maintain the security and operation of our Services, and for our internal analytics and reporting purposes.

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When you access or use our Services, our servers automatically collect service-related, diagnostic, usage, and performance information, which we record in log files. This data may vary depending on how you interact with us. It may include your IP address, device details, browser type and settings, as well as information about your activities within the Services (such as pages and files viewed, searches conducted, and other actions you take, such as which features you use). Additionally, device event information, such as system activity, error reports (commonly referred to as "crash dumps"), and hardware settings, may also be included in this log data.

 

Like many businesses, we also collect information through cookies and similar technologies. You can find out more about this in our Cookie Policy.

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2. WHY AND HOW DO WE PROCESS YOUR INFORMATION?

 

We process your information in accordance with applicable data protection laws. This includes collection, storage, and use of your information to provide and improve our Services, communicate with you, and meet legal obligations. We may share your information with trusted third parties for these purposes. Your information is stored securely and retained only as long as necessary.

 

We process your personal information for a variety of reasons, depending on how you interact with our Services, including: to facilitate account creation and authentication and otherwise manage user accounts; to deliver our Services; to respond to your inquiries and solve any potential issues you might have with the requested Services; to send administrative information to you (e.g. details about our products and services, changes to our terms and policies); to fulfill and manage your orders, payments, returns, and exchanges made through the Services; to request feedback; to send marketing and promotional communications (if this is in accordance with your marketing preferences); to protect our Services. We may process your information as part of our efforts to keep our Services safe and secure, including fraud monitoring and prevention.

 

3. WHAT LEGAL BASES DO WE RELY ON TO PROCESS YOUR INFORMATION?

 

We only process your personal information when we believe it is necessary and we have a valid legal reason (i.e. legal basis) to do so under applicable law, like with your consent, to comply with laws, to provide you with services to enter into or fulfill our contractual obligations, to protect your rights, or to fulfill our legitimate business interests.

 

The General Data Protection Regulation (GDPR) and UK GDPR require us to explain the valid legal bases we rely on in order to process your personal information. As such, we may rely on the following legal bases to process your personal information:

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• Consent. We may process your information if you have given us permission (i.e., consent) to use your personal information for a specific purpose. You can withdraw your consent at any time.

• Performance of a Contract. We may process your personal information when we believe it is necessary to fulfill our contractual obligations to you, including providing our Services or at your request prior to entering into a contract with you.

• Legitimate Interests. We may process your information when we believe it is reasonably necessary to achieve our legitimate business interests and those interests do not outweigh your interests and fundamental rights and freedoms. For example, we may process your personal information for some of the purposes described in order to analyze how our Services are used so we can improve them to engage and retain users; support our marketing activities; diagnose problems and/or prevent fraudulent activities; understand how our users use our products and services so we can improve user experience.

• Legal Obligations. We may process your information where we believe it is necessary for compliance with our legal obligations, such as to cooperate with a law enforcement body or regulatory agency, exercise or defend our legal rights, or disclose your information as evidence in litigation in which we are involved.
   

4. WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?

 

Vendors, Contractors and Other Third-Party Service Providers. We may share your data with third-party vendors, service providers, or contractors (“third parties”) who perform services for us or on our behalf and require access to such information to do that work. We have contracts in place with our third parties, which are designed to help safeguard your personal information. This means that they cannot do anything with your personal information unless we have instructed them to do it. 

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We also may need to share your personal information in the following situations:

 

• Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company; 

• Affiliates. We may share your information with our affiliates, in which case we will require those affiliates to honor this privacy policy. Affiliates include our parent company and any subsidiaries, joint venture partners, or other companies that we control or that are under common control with us; 

• Business Partners. We may share your information with our business partners to offer you certain products, services, or promotions; 

• Other Users. When you share personal information by posting comments, contributions, or other content to the Services or otherwise interact with public areas of the Services, such personal information may be viewed by all users and may be publicly made available outside the Services in perpetuity.  

 

5. THIRD-PARTY WEBSITES AND SERVICES

 

The Services may include links to third-party websites, services, or apps, as well as third-party advertisements. We do not guarantee these third parties and are not liable for any loss or damage resulting from their use. Links to third-party sites do not imply endorsement by us. We are not responsible for the content, privacy practices, or policies of third parties. Please review their policies and contact them directly with any questions.

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6. IS YOUR INFORMATION TRANSFERRED INTERNATIONALLY?

 

Due to our global operations, your data may be processed and shared internationally with subcontractors and partners as described in this policy. It means that this information may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those from your jurisdiction. Your consent to this privacy policy followed by tour submission of such information represents your agreement to that transfer. To ensure compliance with applicable law, we employ additional protections such as encryption and pseudonymization as well as take other necessary measures to safeguard your personal information in line with this policy and relevant laws.

 

7. HOW LONG DO WE KEEP YOUR INFORMATION?

 

We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy policy, unless a longer retention period is required or permitted by law (such as tax, accounting, or other legal requirements). When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

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8. HOW DO WE KEEP YOUR INFORMATION SAFE?

 

We are committed to ensuring the security of your information and have implemented appropriate technical and organizational measures to safeguard it. These measures are designed to prevent unauthorized access, disclosure, alteration, or destruction of your personal data. However, it's important to note that no method of transmission over the internet or electronic storage is entirely foolproof, and therefore we cannot guarantee absolute security. By using our services, you acknowledge and accept that the security of your information is subject to inherent risks.

 

9. WHAT ARE YOUR PRIVACY RIGHTS?

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What are your rights? Depending on where you are located geographically, the applicable privacy law may mean you have certain rights regarding your personal information. These rights may include: right to access, right to rectification, right to erasure, right to withdraw consent etc.

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How do I exercise my rights? The easiest way to exercise your rights is by contacting us at legal@pixtuner.com. We will consider and act upon any request in accordance with applicable data protection laws. In regions like the EEA and UK, you have certain rights under applicable data protection laws. These may include the right (i) to request access and obtain a copy of your personal information, (ii) to request rectification or erasure; (iii) to restrict the processing of your personal information; and (iv) if applicable, to data portability. In certain circumstances, you may also have the right to object to the processing of your personal information. The easiest way to exercise your rights is by contacting us at legal@pixtuner.com. We will consider and act upon any request in accordance with applicable data protection laws.

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Withdrawing your consent. If we are relying on your consent to process your personal information, which may be express and/or implied consent depending on the applicable law, you have the right to withdraw your consent at any time. However, please note that this will not affect the lawfulness of the processing before its withdrawal, nor when applicable law allows, will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent.

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Opting out of marketing and promotional communications. You can unsubscribe from our marketing and promotional communications at any time by clicking on the unsubscribe link in the emails that we send, or by contacting us. You will then be removed from the marketing lists — however, we may still communicate with you, for example to send you service-related messages that are necessary for the administration and use of your account, to respond to service requests, or for other non-marketing purposes.

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Account Information. If you would at any time like to review or change the information in your account, you can contact us using the contact information provided. If you would like to terminate your account, you can log in in your account settings and terminate your account or contact us at support@pixtuner.com. Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, we may retain some information in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our legal terms and/or comply with applicable legal requirements.

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10. CONTROLS FOR DO-NOT-TRACK FEATURES

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Our App respects the "Do Not Track" (DNT) feature enabled on your device. When you have enabled DNT, we refrain from tracking your online activities. While our App respects the "Do Not Track" (DNT) feature, please note that this feature is not universally supported across web browsers. Therefore, we do not currently respond to DNT signals from web browsers. However, we are committed to protecting your privacy and adhering to applicable laws and regulations regarding online tracking.

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11. DO UNITED STATES RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?

 

Your California and Virginia Privacy Rights

 

This section applies to you if you are a resident of one of the states California or Virginia, and it explains your privacy rights, as well as other information about our treatment of California and Virginia residents’ information. In particular, you have the following rights:

 

• To know what personal information is being collected about you and how it’s processed;

• To know whether your personal information is sold, shared or disclosed;

• To request that we correct the personal information we have about you that is incorrect;

• To say ‘no’ to the sale or sharing of your personal information (right to opt out);

• To request deletion of your personal information; information will be deleted if no exception applies (including our right to defend our lawful interests);

• To access your personal information; specific information shall be provided in a portable and, to the extent technically feasible, in a readily usable format but not more than twice in a 12-month period; etc.

 

If you are a California or Virginia resident and would like to exercise any of the rights set out above, please submit a written request to us via email legal@pixtuner.com. You must put the statement “Your California Privacy Rights”or “Your Virginia Privacy Rights” in your request and include your name, street address, city, state, and ZIP code. We are not responsible for notices that are not labeled or sent properly, or do not have complete information. Please be aware this opt-out does not prohibit our disclosure of personal data for any purpose other than direct marketing. 

 

12. DO WE MAKE UPDATES TO THIS POLICY?

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We may update this privacy policy from time to time. The updated version will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy policy, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy policy frequently.

 

13. HOW CAN YOU CONTACT US?

 

If you have any inquiries or feedback regarding this policy, or if you wish to exercise your privacy rights, please feel free to reach out to us via email at legal@pixtuner.com.