PRIVACY AND CONFIDENTIALITY
Users are responsible for maintaining the confidentiality of any VideoGiftMaker account they initiate or maintain, and for restricting related access to computers and/or mobile devices signed into accounts. Users agree to accept responsibility for all activities that occur in relation to accounts or passwords subject to their control, including but not limited to submitting completed Content for final rendering and delivery. Users who choose to include sensitive information in Content, such as phone numbers, postal addresses, emails, ID numbers or other information that could be used to identify any person, do so at their own risk. VideoGiftMaker reserves the right to refuse service, limit service or terminate any account in its sole discretion.
VideoGiftMaker is responsible for maintaining the security of the data associated with user accounts and will strive to safeguard users’ personal information in strict accordance with legal requirements and industry best practices. We are committed to compliance with privacy laws and regulations throughout our global community, including but not limited to the EU General Data Protection Regulation and The California Consumer Privacy Act. All data received via VideoGiftMaker user accounts, or data which is processed in the course of creating Products for users, is protected by studious implementation and continued optimization of current security technology, including but not limited to Transport Layer Security encryption (TLS 1.2 or its successor technologies).
Data We Collect, How and Why
VideoGiftMaker collects personal identifying information typically associated with payment activities: emails, Internet Protocol addresses, payment data. Additionally, where our users intend to create a truly personal keepsake they are likely to provide VideoGiftMaker with representations of physical appearance, ethnicity, age, culture, gender, sexual preference and/or other personal characteristics. Order related information is retained as well, including a record of our customers’ orders and the user assembled Content related to such orders. In the course of keeping our customers satisfied and encouraging repeat business we may also collect personal information through users’ contacts with our Customer Service personnel as well as their expressions on social media, including voice recordings of any voicemails that our customers may leave while making a call to us. In addition to collecting the types of data that are necessary for maintenance of accounts, creation of personalized Content and providing excellent service, we make various observations that may assist us in targeted marketing activities. We benefit from learning about users’ online behavior via tracking technologies as further described in our discussion of Cookies below.
We obtain the personal information listed above from the following sources:
Directly from you. For example, from your creation of Characters, the video scenes that you add to your Products, the text that you enter, the forms you complete on our website, and your communications with our customer relations team via email, telephone, and social media.
Indirectly from you. For example, from observing your actions on our website.
VideoGiftMaker’s Precautions and Users’ Rights Protecting Personal Information
User assembled Content is not accessed by VideoGiftMaker staff or associates except 1) where a user provides explicit permission, 2) as required for quality control, internal analysis, customer service, data recovery or technical support, or 3) when required or permitted by law, such as during an emergency, disaster recovery operation or evidentiary inquiry sanctioned under legal authority.
Users always have the right, within 30 days of their request, to view records of their own accounts, including associated personal information, or to delineate limits on transmission and retention of such information, by making such requests via Contact Us page.
Users may at any time delete their accounts by logging into their account and using “Delete my data” red button in the “Settings” page of the application. Deleting an account will make it impossible to review account history and view previously created Content (including paid exported Video Gifts), no refunds are given when deleting accounts. VideoGiftMaker at all times will respect any users right to demand compliance with the laws governing personal privacy in their jurisdiction and to be free from retaliation or discrimination resulting from doing so.
Data We Share (or not)
VIDEOGIFTMAKER DOES NOT SELL USER DATA TO ANYONE. Where we provide personal information to any third party, we generally do so as a matter of operational necessity in utilizing transaction service providers, technology vendors and other associates we trust to maintain the integrity and security of our operations. We also utilize third party tracking technologies that monitor personal data to ensure consistent website operations and provide marketing enhancements as further discussed below. We do not otherwise share user data, personal or otherwise except where 1) we are explicitly authorized by a user to share specific information and 2) such dissemination is otherwise lawful, or 3) where we are required to disclose personal information in response to lawful requests by public authorities based on law enforcement or national security requirements.
Data shared on an as-needed basis with trusted providers of merchant bank services includes personally identifiable Content items as outlined above.
Log Files
VideoGiftMaker reserves the right to use Internet Protocol addresses, ie “IP addresses,” to analyze trends, administer the Services and associated websites, maintain tools and features, track user activities, improve Services and gather broad demographic information for aggregate use. IP addresses will not be utilized in a manner that delineates personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers may log certain non-personal access information including browser type, access times and requested or referred URLs. This information is not shared with third parties and is disclosed among VideoGiftMaker personnel only to the extent it is necessary for operations and maintenance purposes. No individually identifiable information related to this data will be used in any other way unless VideoGiftMaker obtains users’ explicit written permission.
Cookies and Choices
VideoGiftMaker and its service providers use various types of tracking technologies, ie “cookies”, which are small text files placed on your computer or other device when you visit a website. When you visit the site again, the cookie allows that site to recognize your browser. Cookies may store user preferences and other information.
There are three main types of cookies:
- Session cookies are specific to a particular visit and limited to sending session identifiers (random numbers generated by the server) so you don’t have to re-enter information when you navigate to a new page or check out. Session cookies are not permanently stored on your device and are deleted when the browser closes;
- Persistent cookies record information about your preferences and are stored in your browser cache or mobile device and remain on your device between browsing sessions. For example, a persistent cookie may be used on a website to remember your log-in details so you will not need to enter those details each time you visit that website; and
- Third party cookies placed by someone other than us which may gather data across multiple websites or sessions.
We use the below listed cookies to perform the following functions:
- Strictly necessary / technical cookies that are essential to enable you to move around a website and use its features. You cannot withdraw your consent to the use of these types of cookies because without them, the Service cannot be provided.
- Analytical / performance cookies that collect information in aggregated form about how users interact with the Sites so that we may improve functionality. These cookies are sometimes placed by third party providers which enable features or functionality provided by third parties in connection with the Service. For example, advertising, interactive content, and analytics (see Third Party Applications below). The parties that set these third-party cookies can recognize your device both when it visits the website in question and also when it visits certain other websites.
- Functional cookies that allow a website to remember choices you make, recognize you when you return and to personalize content.
- Targeting / advertising cookies that track browser habits and used to deliver targeted (interest-based) advertising based on your browsing activities and interests. See Third Party Applications below on how you may opt out of targeting advertising.
You acknowledge that where we allow third parties to drop cookies, we have no control over those cookies or the data generated. Please refer to the third party’s privacy policy for information on what information they collect and how they use it. These cookies are likely to be analytical/performance cookies or targeting cookies.
Managing Cookies
You can manage website cookies in your browser settings, and you always have the choice to change these settings by accepting, rejecting, or deleting cookies. If you choose to change your settings, you may find that certain functions and features will not work as intended on the Service. All browser settings are slightly different, so to manage cookies, you should refer to the relevant settings within your browser.
Other Technologies
We may use other technologies similar to cookies like web beacons, which are sometimes called “tracking pixels” or “clear gifs”. These are tiny graphics files that contain a unique identifier that enable us to recognize when someone has visited the Sites or opened an email that we have sent them. In many instances, these technologies are reliant on cookies to function properly, and so declining cookies will impair their functioning.
Third Party Applications
VideoGiftMaker shares your personal data with third parties, in particular non-VideoGiftMaker parties, only with your express consent or under another lawful basis for processing under the applicable law.
Categories of non-VideoGiftMaker parties with which we share your personal data include vendors such as host and cloud service providers, marketing and mailing agencies, and sub-contractors involved in the fulfilment of our contractual obligations towards our clients. The legal basis for this processing is Art. 6(1)(f) GDPR.
- Amazon CloudFront. Amazon CloudFront is a web service of Amazon Web Services (“CloudFront”) that speeds up distribution of static and dynamic web content such as .html, .css, .js, and image files, to users. CloudFront delivers content through a worldwide network of data centers called edge locations. When a user requests content that is being served with CloudFront, the user is routed to the edge location that provides the lowest latency (time delay), so that content is delivered with the best possible performance.
- If the content is already in the edge location with the lowest latency, CloudFront delivers it immediately.
- If the content is not in that edge location, CloudFront retrieves it from an Amazon S3 bucket (where we have hosted our assets for the website) or an HTTP server (in our case, our production web servers in Rackspace) that has been identified as the source for the definitive version of the content.CloudFront captures information about each request that includes system logs which captures the following information: IP address, lat/long of the server which served the request, country and date and time. More information about AWS’s privacy practices can be found here.
- Facebook Pixel. We use the Facebook Pixel product of Facebook Inc. on our website. With its help, we can keep track of what users do after they see or click on a Facebook advertisement. This enables us to monitor the effectiveness of Facebook ads for purposes of statistics and market research. Data collected in this way is anonymous to us, which means we cannot see the personal data of individual users. However, this data is saved and processed by Facebook. Facebook can connect this data with your Facebook account and use it for its own advertising purposes, in accordance with Facebook’s Data Policy which can be found here. You can allow Facebook and its partners to place ads on and outside of Facebook. A cookie can also be saved on your device for these purposes.Please click here if you would like to withdraw your consent
- Google Analytics. Our website uses Google Analytics, a web analysis service of Google Inc.. Google Analytics employs cookies that are stored to your computer in order to facilitate an analysis of your use of the site. The information generated by these cookies, such as time, place and frequency of your visits to our site, including your IP address, is transmitted to Google’s location in the US and stored there.Google may also transfer this information to third parties where required to do so by law or where such third parties process this data on Google’s behalf. Google states that it will in never associate your IP address with other data held by Google. You can prevent cookies from being installed by adjusting the settings on your browser software accordingly as noted elsewhere in this Privacy Policy. You should be aware, however, that by doing so you may not be able to make full use of all the functions of our website.Google Analytics also offers a deactivation add-on for most current browsers that provides you with more control over what data Google can collect on websites you access. The add-on tells the JavaScript (ga.js) used by Google Analytics not to transmit any information about website visits to Google Analytics. However, the browser deactivation add-on offered by Google Analytics does not prevent information from being transmitted to us or to other web analysis services we may engage.Google Analytics also uses electronic images known as web beacons (sometimes called single pixel gifs) and are used along with cookies to compile aggregated statistics to analyze how our site is used.You can find additional information on how to install the browser add-on referenced above here. For the cases in which personal data is transferred to the US, Google has self-certified pursuant to the EU-US Privacy Shield.
- Google Tag Manager (GTM). Google Tag Manager (GTM”) is a tag management system to manage JavaScript and HTML tags used for tracking and analytics on websites. Tags are small code elements that, among other things, are used to measure traffic and visitor behaviour: to understand the effect of online advertising and social channels; to set up remarketing and orientation towards target groups; and to test and optimize websites. GTM makes it easier for us to integrate and manage our tags. We use GTM on our website to include the following tracking tools (as in described earlier in this policy):
- Paddle. Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle provides all customer service inquiries and handles returns. In connection with the processing of such payments, we do not retain any personally identifiable information or any financial information such as credit card numbers. Rather, all such information is provided directly to Paddle.com, our Merchant of Record, whose use of your personal information is governed by their privacy policy, which may be viewed here.
INDEMNIFICATION
Users shall indemnify and hold harmless VideoGiftMaker, its contractors and licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of users’ use of the VideoGiftMaker websites and Services, or other resources and Services provided by VideoGiftMaker, including but not limited to claims arising out of users’ violation of these Terms of Service.
LEGAL VENUE AND DISPUTE RESOLUTION
By visiting any website provided by VideoGiftMaker and utilizing the related Services, users confirm their agreement that the laws of Russian Federation, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute with VideoGiftMaker that might arise. Users further agree that in the event any user is engaged in a dispute with VideoGiftMaker which cannot be resolved through informal negotiation, before seeking resolution in any court of law, either party to that dispute must first attempt to resolve the matter cost effectively by retaining a mutually acceptable provider of mediation services for up to four hours of mediation sessions. Otherwise, where these more informal measures are not effective, the parties may seek traditional legal and equitable remedies in the appropriate Russian Federation courts.
The following are the sole exceptions to the above legal venue and dispute resolution terms: In situations where VideoGiftMaker is required to seek an injunction or restraining order, or where a customer has not met payment obligations to VideoGiftMaker, VideoGiftMaker may seek legal remedies without prior negotiation or mediation. Also, privacy related matters affecting users residing in the European Union are governed by the above provisions regarding the Privacy Shield Framework and related Recourse Mechanisms.
MISCELLANEOUS
If any of these terms are deemed invalid or unenforceable for any reason, then the invalid or unenforceable provision will be severed from these Terms and the remaining Terms will continue to apply. Failure of VideoGiftMaker to enforce any of the provisions set out in these Terms of Service, or failure to limit or terminate any user’s Services access for any length of time, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms of Service, or the right thereafter to enforce each and every provision. These Terms of Service shall not be amended, modified, varied or supplemented in the absence of written notification by VideoGiftMaker.
NOTIFICATION OF CHANGES
VideoGiftMaker reserves the right to change these Terms of Service and related Privacy Policy from time to time as it sees fit, and in any event will do so on at least an annual basis. Your continued use of the Services and websites will signify acceptance of any adjustment to these terms. You are advised to regularly review ourTerms of Service and Privacy Policy as well as any accompanying communications directed to users.
Contact Us
You can contact us at the Contact Us page.
Snail Mail on any topic as well as fun gifts and snacks for our staff members should be sent to:
Pavel Anokhin,
302042, Russia, Orel
street Sakhanskaya, house 3, apartment 230