© 2023 Hipstamatic, LLC

Privacy

Hipstamatic Privacy Policy

This Privacy Policy constitutes a binding agreement between Hipstamatic, LLC ("we", "us", or "our") and each end user ("you" or "your") regarding your use of hipstamatic.com, hipstamart.com, swankolab.com, incredibooth.com, disposable.hipstamatic.com, any other website owned by us (collectively, the "Websites") and/or all applications or products (the "Products") offered by us including Hipstamatic®, Cinamatic®, Oggl®, IncrediBooth®, TinType™, DSPO™, and SwankoLab®.

By using or accessing the Websites or Products, you agree to be bound by this Policy. If you do not agree to the terms of this Policy, do not use the Websites or Products, as applicable. We recognize that our customers, visitors and users (known collectively or individually as "Users") value their privacy. This Privacy Policy applies to all the Websites and Products offered by us, and details important information regarding the use and disclosure of User information collected by us.

Your use of our Websites and Products remains subject to the terms of this Privacy Policy and our Terms of Use Agreement. Please open the following link to review the applicable Terms of Use Agreement:

Information Collection and Use

General We do not require that you register in order to view our Websites, use our Products or, in most cases, view User comments or submissions. Registration is required to use certain interactive features such as submitting photos to contests and managing prints and placing orders through the Websites and Products. We currently use the services of third party websites and products (such as Facebook Connect and Twitter) for voting and commenting. We may collect information about you when you register with us through our Websites and Products, when you visit our Websites, when you use our Products, when you make a purchase, and any time you provide information to us. We are the sole owner of the information collected through our Websites and Products. We may combine information about you that we have with information we obtain from business partners or other third parties.

We may collect non-personally-identifying information ("Non-Personal Information") about your use of our Websites and Products even if you do not register with us. We may collect your IP address, cookie information, browser information, page visitation history, crash diagnostic reports, device information, computer information, usage pattern information, operating system information, location information, timestamp information and any other anonymous information about the nature and frequency of your use of our Websites and Products. For example, when using certain Products, you may allow your device to use your current location to embed location data and timestamp data into your photos so that those photos may be referenced by the time and place that they were taken.

Registration In order to participate in certain features of our Websites and Products, we may request certain personally identifiable information from you ("Personally Identifiable Information") on the registration form and require you to create a user name and password. In order to register, you are required to give certain contact information (such as name and email address). The registration form may also request certain information related to your use of other websites and products (such as a Twitter handle). We may use Personally Identifiable Information to contact you about our events, Websites and Products in which you have expressed interest. During registration, we may offer you the opportunity to opt into our newsletter as well as periodic email updates from us regarding events, Websites and Products offered by us.

Orders If you purchase a product or service from us through the Websites and Products, we will request certain Personally Identifiable Information from you to complete the order. You must provide contact information (such as name, email and shipping address) and financial information (such as credit card number, expiration date, security code and billing address). We use Personally Identifiable Information for billing purposes and to fill your orders. If we have trouble processing an order, we will use this information to contact you. We do not store any credit card information. However, your other billing information is stored by a credit card processing company for us.

Third Party Websites and Products You may have the opportunity to access or interact with our Websites and Products through third party social networking websites and products such as Facebook and Twitter among others. Consequently, your Personally Identifiable Information may be shared with those third party websites and products and those third party websites and products may share your Personally Identifiable Information with us. If you click on a link to a third party website or product when using our Websites or Products, you will leave our Websites and Products and go to the third party website or product you selected. If you choose to provide your information directly to third party websites and products, your information will be governed by the policies of those third party websites and products.

We do not have any control over third party websites and products. These other websites and products may place their own cookies or other files on your computer, solicit Personally Identifiable Information from you and follow different rules regarding the use of the information you submit to them. We cannot control the activities of third parties, we have no responsibility for any use of your Personally Identifiable Information by such third parties, and we cannot guarantee that they will adhere to any privacy practices, including the ones we follow. We encourage you to read the privacy policies, statements and settings of third party websites and products prior to your interaction with them.

Choice/Opt-out We may provide you the opportunity to opt-out of having your Personally Identifiable Information used for certain purposes when we ask for this information. For example, if you purchase a product or service from us but do not wish to receive any additional marketing material from us, we may allow you to indicate your preference on our order form. If you no longer wish to receive our promotional communications, you may opt-out of receiving them by following the instructions included in each email or communication or by emailing us at info@hipstamatic.com.

Please check the settings of the devices and Products that you use to set your preferences for general use and opt-out options. For example, you may opt-out of location services related to our Products by changing the settings of your device at any time. For some of our Products, you may also opt-out of sending diagnostic reports to us by changing the settings of the Product. We encourage you to review the settings of your devices and Products frequently as these options may change over time. You can stop all collection of information from our Products by uninstalling them.

Children Under 13 We are committed to protecting the privacy of children. We do not knowingly or intentionally collect Personally Identifiable Information from children under the age of 13.

Information Sharing and Disclosure

We do not rent, trade, or share Personally Identifiable Information with third parties except to provide products or services you have requested, when we have your permission, or under the following circumstances:

We use other third parties such as a shipping company to fulfill orders, a print lab to develop your photos, a credit card processing company to bill you for products and services sold through our Websites and Products, and an email service provider to send out emails on our behalf. When you make a purchase through our Websites and Products or sign up for our email list, we will share the amount of Personally Identifiable Information as necessary for the third party to provide that product or service. We have agreements from these third parties that prohibit them from using your Personally Identifiable Information for any purpose other than providing the product or service that you requested.

We may provide Non-Personal Information to third parties, including analytics companies and business partners, to help us understand usage patterns, to create new features, promotions, functionality, services and for advertisement purposes. We may allow third parties, including analytics companies and business partners, to collect Non-Personal Information from our Websites and Products for us for those same purposes.

We may use both Personally Identifiable Information and Non-Personal Information to improve the quality and design of the Websites and Products and to create new features, promotions, functionality, advertisements and services by storing, tracking and analyzing User preferences and trends.

We reserve the right to disclose Personally Identifiable Information and Non-Personal Information with third parties as required by law and when we believe that disclosure is necessary to protect our rights or comply with a judicial proceeding or legal process served upon us.

We may share Personally Identifiable Information and Non-Personal Information with third parties if we believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our Terms of Use, or as otherwise required by law.

If we go through a business transaction, such as a merger, acquisition by another company, or sale of all or a substantial portion of our assets, Personally Identifiable Information and Non-Personal Information will likely be among the assets transferred. You will be notified via email, sent to the primary email address specified in your account, if ownership or control of your Personally Identifiable Information is transferred to another company.

Our Websites and Products may allow you to chat or participate in blogs, message boards, online forums, contests and other functionality and may provide you with the opportunity to provide us with ideas, suggestions, opinions, comments, observations, text, data, photos, graphics, video, music, sound, chat, messages, files or other material (collectively "User Submissions"). Any Personally Identifiable Information that you disclose in your User Submissions is not subject to this Privacy Policy and may become publicly available. Your User Submissions will display your account name, may be seen by people and organizations not related to or controlled by us, may be used by others to contact you and may become published content.

We encourage you to review the features of our Websites and Products that allow User Submissions prior to making submissions because those features may vary by Website or Product, may vary as to who may view your User Submissions, may contain privacy settings and may change over time. For example, all User Submissions to the "Family Album" feature in our Websites and Products may be viewed by all other users including those users that you have not selected to contribute to an album.

We may post customer news and events on our Websites and Products which may contain Personally Identifiable Information. We will obtain your consent to post your name along with your news or event prior to posting the news or event.

Cookies and Web Beacons

A cookie is a small text file that is stored on a User's computer or device for record-keeping purposes. We may use cookies in connection with your use of our Websites and Products and link the information we store in cookies to any Personally Identifiable Information.

We may use both session ID cookies and persistent cookies. A session ID cookie enhances your ability to navigate our Websites and Products and expires when you close your browser. A persistent cookie remains on your hard drive for an extended period of time. You can remove persistent cookies by following directions provided in your Internet browser's "help" file.

Persistent cookies are set to store your passwords, so you don't have to enter your password more than once. Persistent cookies may also enable us to track and target the interests of our Users to enhance the experience, customize features and create new Websites and Products.

If you reject cookies, you may still use our Websites and Products, but your ability to use certain features, such as the shopping cart and design scoring pages, will be limited.

We may utilize tracking technology to understand usage patterns, to create new features, promotions, functionality, services and for advertisement purposes. However, none of the information collected via tracking technology is Personally Identifiable Information.

The use of cookies by any of our business partners, affiliates, tracking utility company or service providers is not covered by our Privacy Policy. We do not have access or control over these cookies. Our business partners, affiliates, tracking utility company and service providers may use session ID cookies to make it easier for you to use and navigate certain features, in order for you to use the shopping cart and similar features.

We may use web beacons in connection with e-mails sent to Users to let us know whether and when the email was opened. No Personally Identifiable Information is transmitted through web beacons.

Confidentiality and Security

We provide safeguards to protect the information that we collect and maintain. We follow generally accepted industry standards to protect the Personally Identifiable Information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your Personally Identifiable Information, we cannot guarantee its absolute security. If you have any questions about security on our Websites or Products, you can send us an email at privacypolicy@hipstamatic.com.

We limit access to Personally Identifiable Information about you to employees who we believe reasonably need to come into contact with Personally Identifiable Information to provide products or services to you or in order to do their jobs.

The security of your Personally Identifiable Information is important to us. When you enter sensitive information (such as a credit card number) on our registration or order forms, we encrypt that information using secure socket layer technology (SSL).

Your Ability to Edit and Delete Your Account Information

If your Personally Identifiable Information changes, or if you no longer desire to maintain an account on our Websites or Products, you may correct, update, amend, delete/remove or deactivate it by making the desired changes on the account profile page https://community.hipstamatic.com/hipstamart/session/new or by emailing our customer support at info@hipstamatic.com. We will make all efforts to respond to your request to access within 30 days.

International Users

If you are a User accessing the Websites and/or Products from Europe, Asia or any other region with laws or regulations governing personal data collection, use and disclosure that differ from the laws of the United States, please be advised that through your continued use of the Websites and Products, which is governed by laws of the United States and this Privacy Policy as incorporated in our Terms of Use, you will be transferring your Personally Identifiable Information into the United States and you consent to that transfer.

Changes and Updates to this Privacy Policy

We may update our Privacy Policy at any time in our sole discretion and without prior notice. If we change our Privacy Policy, we will post those changes to this statement (which is linked to our home page), place a notice on our home page indicating that our Privacy Policy has changed and may notify you in other ways that we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If we make significant changes in the way we treat Personally Identifiable Information, we will send a notice to the primary email address specified in your account or place a notice on our home page indicating that our Privacy Policy has changed or both. We reserve the right to modify our Privacy Policy at any time, so please review it frequently.

This Privacy Policy was last modified on May 31, 2012.

Contact Information

If you have any questions or comments about this Privacy Policy, you can contact us at: