Effective: May 3, 2022
- Information you provide through your user account on the Services (your “Account”) if you register for the Services;
- Your use of the Services;
- From third-party websites, services, and partners.
1. Collection of Information.
There are three ways we collect your information: When you give it to us by filling out a form or creating an account, through automated services when you’re using the Services (such as cookies), and through other sources, such as third party partners.
1.1. Information You Provide to Us.
MediaGraph collects information that you provide directly to us. For example, we collect information that you provide when you create an account, fill out a form, or otherwise communicate with us. The types of information that we may collect include:
- Your name
- Email address
- Phone number
- Company name
- Company department
- Payment information: When you add your financial information (such as credit card details and billing address) to your account, that information is directed to our third-party payment processor. We do not store your financial account information; however, we have access to, and may retain, this information through our third-party payment processor.
- Referrals: If you choose to use our email referral services to tell a friend about our products or services, we may ask you for your friend’s name and email address. We will use that information to send your friend a one-time email inviting him or her to visit the site and review the product or service you have selected. We may use a third-party provider to administer this function, but any such third-party provider may only use the information submitted to facilitate this one-time email. Neither MediaGraph nor any third-party provider stores this information after the email is sent.
1.2. Information We Collect Automatically When You Use Our Services.
In particular, we use session cookies, which are small files placed on your device while using our Services. Session cookies are used for account authentication and security (for example, to log you into your account or authenticate your access and to grant temporary access to specific lightboxes/shares/collections/external uploads. Session cookies do not personally identify you and are typically erased from your device when you clear your browser cookies.
We also use local storage. Local storage is an industry-standard technology that allows MediaGraph to store information locally on your device. We use local storage to improve your user experience while using our Services. For example, your current sort order on a data table is saved via local storage. None of the information stored is personally identifiable.
We also use pixel tags, also called web beacons, which are clear image (i.e., non-visible) files that may be placed on a website, in an email or newsletter, and request information from your device such as your browser type and may assist us in determining your engagement with the content of the website and emails we send, how many users have visited certain pages, or how users have otherwise engaged with our messages or newsletters.
In addition to Cookies, we use analytics providers (such as Google Analytics) which collect information from you, including the following log information:
- Internet protocol (IP) addresses
- Internet service provider (ISP)
- Browser type
- Operating system
- Date/time stamp
- Clickstream data
- Landing page
- Referring/exit pages
- Referring URL
1.3. Information We Collect from Other Sources.
Third-Party Partners. We may also receive publicly available information about you from our third-party partners (such as Olark, Insightly, Adobe and PayPal) and combine it with data that we have about you. For more information about the data that we obtain from these providers, please contact us at [email protected].
If you choose to integrate your Google Drive account with your MediaGraph account (for the purposes of uploading assets from Google Drive to MediaGraph), we will collect and store your G-Suite email and MediaGraph will be able to do the following in your Google Drive account:
- See your files
- Upload and download your files
- Delete your files
- See the names and emails of people you share files with
- Share and stop sharing your files with others
- Remove people from your files
- Organize your Drive
2. Use of Information.
This section explains what we do with your information. We mostly use it to offer our services (such as your email and password), but we may also use it to email you about changes to the software or security alerts. If we don’t have a good reason for doing so, we don’t use your information.
2.1. Operating Our Services.
We may use information about you for various purposes related to operating our Services, including to:
- Provide, operate, and maintain our Services;
- Improve and expand our Services;
- Understand and analyze how you use our Services;
- Develop new products, services, features, and functionality;
- Process your transactions;
- Find and prevent fraud; and
- For compliance purposes, including enforcing our Terms of Service, or other legal rights, or as may be required by applicable laws and regulations or requested by any judicial process or governmental agency.
2.2. Communicating With You.
We may use information about you for various purposes related to communicating with you, including to:
- Respond to your comments, questions, and requests, and provide customer service;
- Communicate with you, in accordance with your account settings, for marketing and promotional purposes;
- Send you technical notices, updates, security alerts and support, and administrative messages.
2.3. Legal Basis for Processing.
Our legal basis for collecting and using the information described above will depend on the type of information and the specific context in which we collect it.
However, we will normally collect personal information from you only:
- Where we need the personal information to perform a contract with you, including the Terms of Service;
- Where the processing is in our legitimate interests and not overridden by your rights; or
- Where we have your consent to do so.
We have a legitimate interest in operating our Services and communicating with you as necessary to provide these Services, for example when responding to your queries, improving our platform, undertaking marketing, or for the purposes of detecting or preventing illegal activities.
In some cases, we may also have a legal obligation to collect personal information from you or may otherwise need the personal information to protect your vital interests or those of another person.
If we ask you to provide personal information to comply with a legal requirement or to perform a contract with you, we will endeavor to make this clear at the relevant time and advise you whether the provision of your personal information is mandatory or not (as well as the possible consequences if you do not provide your personal information).
3. Sharing Your Information.
This section explains the instances in which we may need to share your information.
We may share the information we collect in various ways, including to the following:
- Our corporate group, including with our subsidiaries and divisions, all of whom may use your information for the purposes disclosed herein.
- Our Distributor Network, such as our European image licensing partner, Plain Picture.
- Vendors and service providers who perform services on our behalf. For example, we may hire other companies to handle the processing of payments, to provide data storage, to host websites, to fulfill orders and shipments, to assist in direct marketing, analyze your interests and preferences and to conduct audits, etc. Such service providers will be permitted to obtain only the personal information they need to provide the service. They are required to maintain the confidentiality of the information and are prohibited from using it for any other purpose.
- Third-party partners. We also share information about users with third-party partners (such as Nutshell) in order to receive additional publicly available information about you.
- Business transfers. Information about our customers, including personal information, may be disclosed as part of any merger, acquisition, or sale of the company and/or its assets, as well as in the unlikely event of insolvency, bankruptcy, or receivership, in which case personal information would be transferred as one of the business assets of the company.
- As required by law and similar disclosures. We may also share information to:
- Satisfy any applicable law, regulation, legal process, or governmental request;
- Detect, prevent, or otherwise address fraud, security, or technical issues;
- Respond to your requests;
- Protect our rights, property or safety, our users and the public. This includes exchanging information with other companies and organizations for fraud protection and spam/malware prevention.
- With Your Consent. We may share information with your consent.
4. Additional Information.
This section covers some miscellaneous topics, such as third party services, security, the rights of EEA citizens granted by GDPR, and your preferences. We recommend that you review all sections, using the headers to distinguish sections that may be especially relevant to you.
4.1. Third Party Services and Linked Websites.
We may link to websites within our Services, including those of our third-party vendors or content providers, that have different privacy policies and practices from those disclosed here. We assume no responsibility for the policies or practices of such linked sites and encourage you to become acquainted with them prior to use.
4.2. Social Media.
MediaGraph does not employ the use of any public social media directly on any of our sites, including MediaGraph.io.
The security of your personal information is important to us. We follow generally accepted industry standards to help protect your personal information. For instance, 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 (SSL) technology. No method of transmission over the internet, or method of electronic storage, is 100% secure. Therefore, while we strive to protect your personal information, we cannot guarantee its absolute security.
4.4. Data Retention.
We retain personal information we collect from you where we have an ongoing legitimate business need to do so (for example, to provide you with a service you have requested or to comply with applicable legal, tax, or accounting requirements).
When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it 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.
If you are a registered user, you may access certain information associated with your Account by logging into our Services or emailing [email protected].
To protect your privacy and security, we may also take reasonable steps to verify your identity before updating or removing your information. The information you provide us may be archived or stored periodically by us according to backup processes conducted in the ordinary course of business for disaster recovery purposes. Your ability to access and correct your information may be temporarily limited where access and correction could:
- Inhibit MediaGraph’s ability to comply with a legal obligation;
- Inhibit MediaGraph’s ability to investigate, make or defend legal claims;
- Result in disclosure of personal information about a third party; or
- Result in breach of a contract or disclosure of trade secrets or other proprietary business information belonging to MediaGraph or a third party.
4.6. Your Data Protection Rights Under the General Data Protection Regulation (GDPR).
In the event that Personal Data (as defined under the General Data Protection Regulation) is processed, MediaGraph is a Data Processor and our clients are Data Controllers. We process Personal Data in accordance with our clients’ instructions.
If you are a resident of the EEA, you have the following data protection rights:
- If you wish to access, correct or request deletion of your personal information, you can do so at any time by emailing [email protected].
- In addition, you can object to the processing of your personal information, ask us to restrict the processing of your personal information, or request portability of your personal information. Again, you can exercise these rights by emailing [email protected].
- You have the right to opt-out of marketing communications we send you at any time. You can exercise this right by clicking on the “unsubscribe” or “opt-out” link in the marketing emails we send you. To opt-out of other forms of marketing, please contact us by emailing [email protected].
- Similarly, if we have collected and processed your personal information with your consent, then you can withdraw your consent at any time, however withdrawal of consent may make it difficult or impossible for us to provide the full range of Services to you. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent.
- You have the right to complain to a data protection authority about our collection and use of your personal information. For more information, please contact your local data protection authority.
- Please note: We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws.
4.7. Choice and Personal Information Preferences.
MediaGraph respects your right to make choices about the use and disclosure of your personal information. Marketing Emails: If you do not wish to receive marketing emails, you will have the option of opting out and/or unsubscribing from our emails and mailing lists or sending an email to [email protected] If you choose not to receive marketing emails, please be advised that you may continue to receive transactional or account emails (e.g., purchase information and account activity statements).
Cookies: You can accept or decline cookies. Most browsers automatically accept cookies, but you can modify your browser settings to decline cookies. Please be aware that our websites are optimally designed to operate with cookies enabled in your internet browser. If you choose to decline cookies, you may not be able to sign in or use other interactive features of our sites and services that depend on cookies. This may negatively impact your experience of the site. If you would like to opt-out from the use of pixel gifs in our emails, please email us at [email protected]. To view Google Analytics’ currently available opt-outs for the web, please visit: https://tools.google.com/dlpage/gaoptout/.
4.8. Children’s Privacy.
We do not intend to solicit or collect personal information from anyone under the age of 18. If you are under 18, you should not use the Services.
4.9. International Data Transfers.
4.10. Privacy Shield.
Personal information collected by MediaGraph may be stored and processed in the United States or any other country in which MediaGraph or its affiliates, subsidiaries, contractors or agents maintain facilities, and by using our Services, you consent to any such transfer of information outside of your country. MediaGraph has been certified under the EU-U.S. and Swiss-U.S. Privacy Shield frameworks (individually and collectively, “Privacy Shield”). MediaGraph complies with the Privacy Shield as set forth by the U.S. Department of Commerce regarding the collection, use, transfer and retention of personal information from European Union member countries and Switzerland. MediaGraph has certified that it adheres to the Privacy Shield based on Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement and Liability. To learn more about the Privacy Shield programs, and to view our certification pages, please visit https://www.privacyshield.gov/. If you would like to exercise any of your data protection rights (including the right to have your personal information disclosed or deleted), please contact us using the “Contact Information” below.
On July 16, 2020, the Court of Justice of the European Union (CJEU) invalidated Privacy Shield. Unless and until Privacy Shield or a successor law or regulation is approved, MediaGraph relies on explicit informed consent for the transfer of personal data from the European Union to the United States.
4.13. Contact Information.
You can contact MediaGraph by emailing [email protected] or by phone at 1-805-557-8407, or by postal mail at:
The DAM Software Company, Inc.
340 S Lemon Ave #2280
Walnut, CA 91789