Depict Privacy Policy

This policy describes our privacy practices regarding personal information we may obtain from you in connection with the services offered by Depict, Inc. (“Depict”), including in connection with the URL located at www.depict.com and related URLs owned by Depict (the “Site”) and the Depict mobile application (the “App,” and together with the Site and related services offered by Depict, the “Services”). This Privacy Policy is part of and incorporated into the Depict Terms of Service, available at http://depict.com/tos. All terms with initial capital used but not defined in this Privacy Policy shall have the meanings given them in the Terms of Service.

Depict may update or otherwise modify this Privacy Policy from time to time. If Depict makes a change to this Privacy Policy Depict will notify you that a change has been made, which notice may be on this page, by email, or via a notice on the Site and the App. Significant changes will go into effect 7 days following such notification. Non-material changes or clarifications will take effect immediately. You should periodically check the Site or the App and this privacy page for updates.

Information Collected

You are required to provide your name and a valid email address at registration and to choose a username or alias that represents your identity on Depict and a password to be used for logging into the Site or accessing the App. In addition, you may choose to establish a Member profile or Artist profile, which will permit you to make certain personal information available to Depict and to other Members and Artists, including your name, profile photo, comments, artistic preferences, email address, and any other information you may choose to provide.

Depict automatically receives and records certain information from your browser or mobile device when you visit the Site or access the App, such as your IP address, information that your mobile device sends or transmits (including your device time and device ID number), your location, cookies and data about which pages you visit on the Site or the App, among others, through the use of log files provided by our third-party tracking-utility partners. This information will be associated with your name and Member account to the extent it is collected while you are logged into the Services. This information helps us analyze and understand how the Services work for Members and Visitors.

You also may give us permission to access your information in other services. For example, the Services allow you to log in to the Site and the App using your Facebook account credentials through Facebook Connect. By using Facebook Connect to access the Services, you are allowing us to access your Facebook account information. The information we obtain from your Facebook account may depend upon your user settings or Facebook’s privacy policy.

The Services are not directed to children. We do not knowingly collect personally identifiable information from or about children under age 13. If a parent or guardian becomes aware that his or her child has provided us with personally identifiable information without consent of a parent or guardian, please contact us at info@depict.com, or by mail at 360 Ritch Street, Suite 300, San Francisco CA 94107. If we become aware that a Member or Visitor is under the age of 13 and has provided us with personally identifiable information without verifiable parental consent, we will delete such information from our files.

Payment Processing

We do not collect credit card information in connection with any purchase you make through the Services, although if you purchase or license Artwork from Depict, our credit card payment processing vendor, Stripe, will collect your credit card information and billing address. In addition, Artists are required to provide their bank account direct deposit information to Stripe in order to receive commissions and royalty payments on licenses of their artwork. Stripe will collect this information directly from Artists, and we will not collect such information. You can find Stripe’s privacy policies here: https://stripe.com/privacy. You will be subject to Stripe’s privacy policies to the extent that you provide your information to Stripe in order to conduct transactions through the Services or receive commissions and royalty payments as an Artist. Depict does not control and is not responsible for the privacy policies of Stripe or other third parties.

Information Use

Depict uses the information described in this policy to provide and improve our services and products, for identification and authentication purposes, to contact Members, and for general research and aggregate reporting. Specific examples of how Depict may use your personal information include:

to provide you with information about how you are using the Services;

to customize, analyze, adjust and improve the Services to better meet your needs;

to provide you with important administrative information regarding the Services, such as changes to this Privacy Policy, our Terms of Service and our other policies;

to facilitate communication between Depict and you or among our Members, and to provide you with information that may interest you, such as our newsletters or emails about our products and services (see the section below captioned “Certain Messages”);

if you are a Member, to provide our personnel with information about your account and the data associated with your use of the Services and your account;

if you are using the Services on a mobile device, we may use your location data to generate aggregate user data reports and to help us analyze and understand how our Members and Visitors use the Services. We will also transfer the location information anonymously to Google Maps API and Google Places API.

to process any transactions you execute through the Services in the event you elect to purchase or license Artwork through the Services;

if you are an Artist, to provide information about the Artwork that you create to our Members and Visitors;

in a customer testimonial posted on the Site or the App;

to enforce Depict’s rights (either against you or against third parties); and

to prevent fraud and other prohibited or illegal activities.

Control

You may change or correct your Depict account information, except your username, at any time by clicking the "Edit Account" tab on the Site or the App and providing your updated information, or by contacting us at info@depict.com, or by mail at 360 Ritch Street, Suite 300, San Francisco CA 94107.

For various reasons, Depict may contact you about our services or your activity. Some of these messages are required service-related messages for Members. Other messages are not required, and you can control which optional messages you choose to receive by changing your settings in your account. If you no longer wish to use Depict’s services or receive service-related messages, then you may close your account by contacting us at info@depict.com, or by mail at 360 Ritch Street, Suite 300, San Francisco CA 94107.

Certain Messages

Depict will send you email messages on occasion. Some messages from Depict are service-related and required for Members. Examples of such messages include: a confirmation email when you register your account, or correspondence with Depict’s our curators or other Members of our technical support team. These messages are not promotional in nature. You may not opt-out of receiving service-related messages from Depict unless you close your account.

Depict may also send you messages related to certain features of the Services or your activity on the Services. Depict may also send you news or updates about changes to the Services. By default, members will not receive these messages, but you may choose to opt-in and receive certain emails by contacting us at info@depict.com, or by mail at 360 Ritch Street, Suite 300, San Francisco CA 94107.

Depict may also send you optional email newsletters, notices about special offers, or other promotional materials. By default, Members will receive these communications via email. You may subscribe or unsubscribe from such optional correspondence by clicking “unsubscribe” at the bottom of the email or providing your updated preferences by contacting us at info@depict.com, or by mail at 360 Ritch Street, Suite 300, San Francisco CA 94107.

Community

Depict may offer features that allow Members and Visitors to connect and communicate in public or semi-public spaces on the Services (including the on Site and through the App). Please be aware that any personal information you submit to these spaces can be read, collected, or used by others, or could be used to send you unsolicited messages. Depict generally does not remove content from community spaces, and any information you submit to such spaces may remain public, including after your account is closed. You are responsible for the personal information you choose to post in community spaces on Depict.

Disclosure

Depict will not sell or disclose your name, email address or other personal information to third parties without your consent except as specified in this policy.

Depict limits access to your personal information to employees and contractors who we believe need to come into contact with that information to provide products or services to you or in order to provide the Services or otherwise fulfill their job duties.

Depict may employ other companies and people to perform tasks on our behalf, and we may share your information with them to provide products and services to you. Examples may include analyzing data and providing customer service or technical support.

Depict may share information between the two Members involved in a transaction via the Services. You must not add any Depict Member or Visitor to your mailing lists or otherwise use the information obtained from such person other than to complete the transaction for which it was provided without express consent from that person.

Depict may release your personal information to a third-party in order comply with a subpoena or other similar legal process, or when we in our sole discretion believe that such disclosure is necessary to comply with the law; to prevent imminent physical harm or financial loss; or to investigate or take action regarding illegal activities, suspected fraud, intellectual property infringement or violations of Depict’s Terms of Service.

Depict may also share information that cannot be used to personally identify you, such as anonymous usage data, general demographic information we may collect, preferences you submit and preferences that are generated based on the data you submit.

Depict may include customer testimonials on the Service, or in other promotional materials, which may contain personally identifiable information. We obtain the Member’s or Visitor’s consent to post their name along with their testimonial via email prior to including the testimonial on the Service, or in our other promotional materials. To request removal of your personal information from testimonials please contact us at support@depict.com.

Depict may transfer information about you if Depict is acquired by or merged with another company or sells some or all of its assets. In this event, Depict will notify you by email or by putting a prominent notice on the Site and the App before information about you is transferred and becomes subject to a different privacy policy.

This Privacy Policy does not apply to the practices of third parties that Depict does not own or control, or individuals that Depict does not employ or manage. If you provide your information to third parties via the Service, or throughout the internet, different rules may apply to the use or disclosure of the information you provide to them. Depict does not control the privacy policies of third parties and you are subject to the privacy policies of those third parties. Depict is not responsible for the privacy or security practices of other websites on the internet, even those linked to or from the Service.

Tracking Technologies

A cookie is a small data file sent from a web site to your browser that is stored on your computer’s or mobile device’s hard drive. Depict uses its own cookies for a number of purposes, including to access your information when you sign in, to keep track of preferences you specify, to display the most appropriate content based on your interests and activity on Depict, to estimate and report Depict’s total audience size and traffic, and to conduct research to improve our content and services.

Cookies may be either permanent or temporary. Depict uses both temporary and permanent cookies. A temporary or “session” Cookie is placed on your computer during your visit to the Site or on your mobile device when you use the App and is deleted when you exit your internet browser and/or turn off your computer or mobile device. A permanent or “persistent” cookie means that the cookie stays on your computer’s or mobile device’s hard drive until you delete it. You can delete our permanent cookies at any time by following the instructions contained in your browser’s help file, or by contacting the company providing your browser’s technical support. Depict does not use cookies to store information such as credit card numbers, social security numbers or any other highly sensitive personal information. The Service, including the Site and the App, does not currently recognize browser “do not track” signals.

Depict may partner with third-party services who may set cookies to provide features such as analytics. These cookies allow a partner to recognize your computer or mobile device each time you visit the Site or use the App, but do not allow access to personally identifiable information from Depict. Depict does not have access or control over these third-party cookies, and they are not covered by this Privacy Policy. You can configure your browser’s settings to reflect your preference to accept or reject cookies. If you reject cookies utilized by the Site or the App, you may not be able to take full advantage of Depict’s Services.

Data Retention

Depict will retain your information for as long as your account is active or as needed to provide the Services. If you no longer want Depict to use your information, you may close your account. Depict will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

Security

Your Depict account information is protected by a password. It is important that you protect against unauthorized access of your account and information by choosing your password carefully, and keeping your password, computer, and mobile device secure by signing out after using our services. Depict encrypts sensitive information (such as credit card numbers) and follows generally accepted industry standards to protect the personal information submitted to us. No method of transmission over the internet, or method of electronic storage, is 100% secure. Although we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.

Contact Us. If you have questions regarding this Privacy Policy, please contact us at the following email address: info@depict.com.

Date: September, 2014.