Last modified: September 29, 2017
90 Seconds, Inc. (“90 Seconds,” “Company,” “we,” “us,” or “our“) respects your privacy and we are committed to protecting it through our compliance with this policy. You may use our App, Website, Platform and Services as either Creator or Customer. Please also read the applicable Creator Terms and Conditions of Service or Customer Terms and Conditions of Service, as your use of 90 Seconds is subject to the applicable Terms and Conditions as well.
This policy applies to information we collect:
- On our Website and our App.
- In e-mail and other electronic messages between you and 90 Seconds.
- When you use our Platform and/or Services.
It does not apply to information collected by:
- use offline or through any other means, including on any other website operated by 90 Seconds or any third party (including our affiliates and subsidiaries); or
- any third party, including through any application or content (including advertising) that may link to or be accessible from our Website and/ or App.
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, your choice is not to use our Website and/or our App, Platform, or Services. By accessing or using our Website and/or our App, Platform, or Services you agree to this Policy.
We reserve the right to modify or amend the terms of our Policy from time to time and you will be notified of such changes by notifications on our Website, and/or App, or by sending you emails informing you of such changes, or by any other reasonable means as required by applicable laws. You should check this Policy frequently for any changes. Your continued use of our Website and/or our App, Platform, or Services following the posting of changes to these terms will mean you accept those changes.
1. Children Under the Age of 13
Our Website and/or our App, Platform, or Services is not intended for persons under 18 years of age. No one under age 18 may provide any information to our Website, App, Platform, or Services. Specifically, 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 Website and/ or App or on or through any of its features/register on the Website, download our App, access our Platform, establish an Account, use our Services, and/or provide any information about yourself to us, including your name, address, telephone number, e-mail 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 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at support@90Seconds.tv.
2. Information We Collect About You and How We Collect It
We collect several types of information from and about users of our Website and/ or App, including the following information:
- Account Information. This information is collected when you establish your Account. We collect information by which you may be personally identified, such as your first and last name, postal address, e-mail address, telephone number, your Internet Protocol (IP) address and the dates and times you log on and off our Services, geolocations, information pertaining to a Video Project Brief (“Personal Information”).
- Activities on your Account. When you create an account on our Website and/or App, we will collect details of transactions you carry out through our Website and/or App and of the fulfillment of your Jobs as described in the Video Project Brief, and other activities on our Platform, as applicable.
- Payment Method. At the appropriate time, we will require you to furnish us information for facilitating Payment. Such information will include your account information including routing number, bank information, information for facilitating Payment over third-party payment services, and other necessary information.
- Communications. If you contact us directly, we may receive additional information about you, such as your name, email address, phone numbers, the contents of the message. This also includes information collected from you when you participate in a Work Contract.
- Information that we collect when you use our Website and/or App
- Location Information. We collect this information from you automatically as you navigate through our Website and/or App, through your Internet provider or wireless service provider, whichever applicable.
- Information We Collect Through Automatic Data Collection Technologies. As you navigate through and interact with our Website and/or App, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions and patterns, including:
- Details of your visits to our Website and/or App, including traffic data, location data, logs and other communication data and the resources that you access and use on the Website and/or App.
- Information about your computer and internet connection, including your IP address, operating system and browser type.
We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking).
The information we collect automatically is statistical data and does not include personal information, but we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Website and/or App and to deliver a better and more personalized service, including by enabling us to:
- Estimate our audience size and usage patterns.
- Store information about your preferences, allowing us to customize our Website and/or App according to your individual interests.
- Speed up your searches.
- Recognize you when you return to our Website and/or App.
The technologies we use for this automatic data collection may include:
- Flash Cookies. Flash Cookies are local storage objects (or flash cookies) that collect and store information about your preferences and navigation to, from and on our Website and/or App.
- Web Beacons. Web beacons and similar technologies are small bits of code, which are embedded in web pages, ads, and e-mail, that communicate with third parties. We may use web beacons, for example, to count the number of users who have visited a particular web page, to deliver or communicate with cookies, and to understand usage patterns. We also may include web beacons in emails to understand whether messages have been opened, acted on, or forwarded.
- We use automatic data collection to (a) understand and save your preferences for future visits; (b) compile aggregate data about site traffic and site interactions in order to offer better site experiences and tools in the future; and (c) we may also use trusted third party services that track this information on our behalf.
- We do not collect Personal Information automatically, but we may tie this information to personal information about you that we collect from other sources or you provide to us.
3. How We Use Your Information
We use information that we collect about you or that you provide to us, including any Personal Information:
- To present our Website and/or App and its contents to Creators or Customers, as applicable.
- To provide you with information, products or services that you request from us.
- To fulfill any other purpose for which you provide it.
- To personalize user’s experiences and to provide you with notices about your account/subscription, including expiration and renewal notices.
- To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing, Payment, and collection.
- To notify you about changes to our Website and/or App or any services we offer or provide though it.
- To allow you to participate in interactive features on our Website and/or App.
- To improve customer experience.
- In any other way we may describe when you provide the information.
- For any other purpose with your consent.
4. Disclosure of Your Information
We may disclose aggregated information about our users and information that does not identify any individual, without restriction.
- To our subsidiaries and affiliates.
- To contractors, service providers and other third parties, such as our payment processing partners, 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 90 Seconds’ assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by 90 Seconds about our Website and/or App users is among the assets transferred.
- For any other purpose disclosed by us when you provide the information.
- With your consent.
We may also disclose your personal information:
- To comply with any court order, law or legal process, including to respond to any government or regulatory request.
- If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of 90 Seconds, our customers or others.
5. Choices About How We Use and Disclose Your Information
We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:
- Disclosure of Your Information for Third-Party Advertising. We do not sell, trade, or otherwise transfer your personal information unless we provide you with advance notice. However, this does not include website hosting partners and other third parties who assist us in operating our Website and/ or App, conducting our business, or servicing, so long as those parties agree to keep your information confidential.
- 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. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website.
6. Accessing and Correcting Your Information
You can review and change your personal information by logging into the Website and/or App and visiting your Account page.
If you delete your Account from our Website, App, or Platform, copies of your Content may remain viewable in cached and archived pages, or might have been copied or stored by other Website or App users. Proper access and use of information provided on the Website or App, including Content, is governed by our Creator Terms and Conditions of Service.
7. International Transfers
90 Seconds hosts its data and the Personal Information that you provide on third party servers that are in the United States. By using our Platform, App, Website and/or Services, you consent that the data provided by you will transferred to, and stored and processed on those servers.
8. Your California Privacy Rights
We do not sell, trade, or otherwise transfer to outside third parties your personal information. California Civil Code Section § 1798.83 permits users of our Website and/or 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 e-mail to support@90Seconds.tv.
9. Data Security
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure. All information you provide to us is stored on our secure servers behind firewalls.
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 Website and/or App, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website and/or App. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website and/or App.
11. Contact Information
PLEASE NOTE: IF YOU USE OUR WEBSITE, APP, PLATFORM AND/OR OUR SERVICES OR PARTICIPATE IN A JOB AND/OR VIDEO PROJECT BRIEF, YOU HAVE AGREED TO AND ACCEPTED THE PRACTICES DESCRIBED IN THIS POLICY AND THE TERMS AND CONDITIONS SET FORTH IN OUR CREATOR TERMS AND CONDITION OF SERVICE AND VISITOR TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THE TERMS OF THIS POLICY OR THE CREATOR TERMS AND CONDITION OF SERVICE, OR CUSTOMER TERMS AND CONDITIONS OF SERVICE, PLEASE DO NOT USE OUR PLATFORM OR OUR SERVICES, OR ESTABLISH AN ACCOUNT, OR PARTICIPATE IN A JOB AND/OR VIDEO PROJECT BRIEF.