Effective Date: July 28, 2020
Personal Information We Collect and Process
- When you register and create a Vyond account, create videos or perform account transactions, we may collect a variety of information, including your name, mailing address, phone number, email address, contact preferences, and credit card information. We use this information to provide and improve our Services.
- When you share your content with colleagues, share or invite others to view your videos or participate in Vyond services or forums, we may collect the personal information you provide about those people such as name, mailing address, email address, and phone number. We will use such information to fulfill your requests, provide the relevant product or service, or for anti-fraud purposes.
- We collect your login credentials, which may include your name or email address. We also collect any other information you provide to us, such as contact and employment information. We use this information to communicate with you, including by email, about our Services and to respond to your questions, to offer you additional services, or to provide you with additional content or information that might be relevant or interesting to you.
- We may collect information such as occupation, language, zip code, area code, unique device identifier, referrer URL, location, and the time zone where our platform is accessed so that we can better understand customer behavior and improve our products, services, and advertising.
- If you choose to record your own voice in an animation or otherwise input information into our Site or Services in any form, such as voice or text, we also collect that voice recording or other information.
- We may collect and store details of how you use our services. This information may be used to improve our services, including contacting users for feedback. Except in limited instances to ensure the quality of our services over the Internet, such information will not be associated with your IP address. We use the information derived from users’ access to and use of our Site and our Services, both on an individual and aggregated basis, and to respond to user desires and preferences.
- We may automatically collect the following information about your use of our Site through cookies and other technologies: domain name; browser type; browser language; device ID; operating system type; device name and model; pages or screens viewed; links clicked; IP address; when and the length of time you visit our Site or use our Services; and the referring URL, or the webpage that led you to our Site.
- If we do combine non-personal information with personal information the combined information will be treated as personal information for as long as it remains combined.
- We may collect and process any of the information above as we deem necessary to (i) prevent, identify and address fraudulent or unlawful activity and security incidents; (ii) comply with laws, rules and regulations; (iii) resolve disputes with customers, users or third parties; (iv) respond to claims and legal processes (including but not limited to subpoenas and court orders); and (v) protect our property rights and those of our customers including by retaining data backups for business continuity purposes.
How We Disclose Information
We may disclose the information that we collect about you with the following entities:
- Your Employer. If you are using the Site or the Services through your employer’s account with us, we may disclose your information to your employer only for the purpose of facilitating their potential purchase of an enterprise account from us.
- Authorized Resellers. We may disclose your information including your email address, employer and usage data with our authorized resellers and channel partners so that they can provide customers and potential customers with helpful information about our products and services to allow them to make an informed purchasing decision. Our resellers are not permitted to use your information for any other purpose other than contacting customers and potential customers. Where we transfer your information, we have also put in place appropriate safeguards to protect your information irrespective of your country of residence.
- Service Providers. We may disclose your information to our vendors or service providers or agents who act as sub-processors on our behalf in providing systems support for our services. Accordingly, these vendors, service providers or agents may process and store your personal information. Service Providers, for example marketing automation and user analytics platforms, may use your personal data in aggregated form where it does not identify you, for their own analytics and research and development purposes.
Information we may disclose includes:
- Email address
- IP address
- Physical address
- Phone number
- Company or organization name
- Job role
- Site activity
Vendors or service providers we may disclose to include:
- Cloud-based hosting providers
- Marketing automation and data enrichment platforms
- Customer relationship management platforms
- Customer support and community platforms
- Social media platforms
- Human resource information service platforms
- Accounting and finance platforms
- User analytics platforms
- Consulting firms
We may also disclose the information that we collect about you in the following ways:
- Business Transfers. We may disclose your information to another entity if we are acquired by or merged with another company if substantially all of our assets are transferred to another company, or as part of a bankruptcy proceeding.
- In Response to Legal Process. We may disclose your information to comply with the law, or a judicial proceeding, subpoena, court order or another legal process.
- Aggregate and De-Identified information. We may disclose aggregate or de-identified information about our users for marketing, advertising, research or similar purposes.
GoAnimate will offer individuals the opportunity to choose (opt-out) whether their personal information is (a) to be disclosed to an employer or non-agent third party or (b) to be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual. GoAnimate will provide individuals with reasonable mechanisms to exercise their choices.
You may sign-up to receive email or newsletter or other communications from us. If you would like to discontinue receiving this information, you may update your email preferences by using the “Unsubscribe” link found in emails we send to you or by contacting us at email@example.com.
Cross Border Transfers
To the extent personal information is transferred out of the country where the owner of that personal information lives, such as to Company’s affiliates or business partners in other countries, including in the United States, different standards may apply to how your data is used and protected in those countries. Company has appropriate safeguards in place in accordance with applicable legal requirements to ensure that data is adequately protected irrespective of the country.
How Long We Retain Your Information and When We Delete Your Information
GoAnimate is subject to various retention requirements and retains personal data only for as long as necessary for a specified purpose or legal requirement wherever technically and operationally feasible and in accordance with any applicable regulations. If you are using the Site or the Services through your employer’s multi-seat account, please be aware the Administrator of the account has the ability to delete all personal data processed using the Site or the Services, including any content you create and your account details.
Cookies and Other Tracking Mechanisms
- Do Not Track. Our Site does not respond to Do Not Track signals and we or our third-party service providers may track your activities once you leave our Users may disable certain tracking as discussed in this section (e.g., by disabling cookies).
- Clear GIFs, Pixel Tags, and Other Technologies. Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies, which are embedded invisibly on web. We or our service providers may use clear GIFs (also known as web beacons, web bugs or pixel tags), relating to our Site to track your activities, help us manage content, and compile statistics about usage of our Site. We or our service providers may also use clear GIFs in HTML emails to our users, to help us track email response rates, identify when our emails are viewed, and track whether our emails are forwarded.
Users can also post materials and other information through their use of the Vyond Community Site. You will determine what materials and information you post, and because those postings will be viewable by other users of the Vyond Community Site, you should have no expectation of privacy with respect to such postings.
We have taken steps to help protect the information we collect from loss, misuse, unauthorized access, disclosure, alteration, and destruction. However, no data security measures can guarantee 100% security. Users should take steps to protect against unauthorized access to their accounts by, among other things, choosing a robust password that nobody else knows or can easily guess and keeping their log-in and password private. We are not responsible for any lost, stolen, or compromised passwords or for any activity on an account because of unauthorized password activity.
In accordance with applicable law, we will notify governmental authorities of any data security breach within 72 hours of our becoming aware of the breach and, if it involves a high risk to your personal information, we will notify you as well.
Children and Minors
Our Site and our Service are not directed to children under 18. We do not knowingly collect personally identifiable information from anyone under 18 years of age. If we become aware that we have unknowingly registered and collected personal information from a child under the age of 18, we will make reasonable efforts to delete such information from our records and that registration will be subject to immediate termination for violation of our Terms of Service.
California Residents Do Not Track
We do not track our customers over time and across third party websites to provide targeted advertising and therefore do not respond to Do Not Track (DNT) signals. However, some third-party Sites do keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you and may provide for you to initiate a DNT signal.
Third parties that may place content embedded on Vyond websites such as a social or community feature may set cookies on a user’s browser and/or obtain information about the fact that a web browser visited a specific Vyond website from a certain IP address. Third parties cannot collect any other personally identifiable information from Vyond websites unless you provide it to them directly.
Categories of Personal Information Collected
The California Consumer Privacy Act provides California residents with the right to know what categories of personal information Vyond has collected about them in its capacity as a Business:
|Category of Personal Information||Collected by Vyond?|
|Personal information categories listed in Cal. Civ. Code § 1798.80(e)||Yes|
|Characteristics of protected classifications under California or federal law||No|
|Internet activity or electronic network activity information||Yes|
|Audio, electronic, visual, thermal, olfactory, or similar information||Yes|
|Professional or employment-related information||Yes|
|Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99))||No|
|Inferences drawn from other personal information to create a profile||Yes|
Users Outside of the United States (except for EU)
Users and Residents in the European Union
Location of Systems
Our computer systems are currently based in the United States, so your personal data entered at our Site or related to your use of our services (i) will not be processed in the European Economic Area (EEA) and (ii) will be processed by our service providers or us in the United States and other non-EEA countries (see ‘Privacy Shield’ section below).
Controller and Processor
GoAnimate is the Controller of data that you provide in order for us to create an account and provision the service for your use. You are the Controller of any data that is entered during and as part of your use of the service and we are the Processor of that data on your behalf. We will process the data according to your instructions, which you give us in the process of signing up for the services, specifically to facilitate your use of the services.
Basis of Processing
If you reside in the European Union and we do not seek your explicit consent to process your personal data, we are relying on the legitimate commercial interest of our company in providing the services to you and other customers and the need to process your personal data as previously described in order to accomplish that legitimate interest. Where Data Processing is occurring based on the basis of your consent, you also have the right to withdraw consent and request that we halt processing at any time. This withdrawal of consent does not invalidate the consent-based processing that occurred prior to withdrawal.
Data Subject Rights
In accordance with applicable law, you may have the right to: (i) request confirmation of whether we are processing your personal information; (ii) obtain access to or a copy of your personal information; (iii) receive an electronic copy of personal information that you have provided to us, or ask us to send that information to another company (the “right of data portability”); (iv) object to or restrict our uses of your personal information; (v) seek correction or amendment of inaccurate, untrue, incomplete, or improperly processed personal information; and (vi) request erasure of personal information held about you by us, subject to certain exceptions prescribed by law. If you would like to exercise any of these rights, please follow the instructions set forth below.
We will process such requests in accordance with applicable laws. To protect your privacy, we will take steps to verify your identity before fulfilling your request. Where we are the “Processor,” “Service Provider,” or other similar term of the personal information under applicable data protection laws, you must contact the appropriate data “Controller,” “Business,” or other entity ultimately responsible for your information to exercise these rights.
You may have the right not to receive discriminatory treatment by us for the exercise of your rights conferred by data protection laws.
Except as otherwise stated herein, we do not sell your personal information.
Right to Review, Delete, and Control Our Use of Your Information
You may have the right to request access to your personal information and may have additional rights depending on the personal data protection laws applicable to your jurisdiction.
You can review most of the personal information we collect about you by logging into your account and reviewing your account information and updating the personal information we maintain about you.
You may also contact our privacy officers at the address below, or email us at firstname.lastname@example.org to request access to (i) review your personal information and (ii) exercise any of your rights with respect to your personal information, including erasure or deletion, and/or (iii) request cancellation of your account.
Right to Take Your Information With You
You may have the right to obtain a copy of your personal information and take it with you. The copy will be in a structured, commonly used and machine-readable format. If requested by you and when technically feasible, we will send that information via electronic means to a third-party designated by you, where we are the Controller of the information.
Right to Remove Your Information
We may store videos you have created on Vyond or external assets you have imported into your asset library on Vyond. You can delete such videos or assets at any time by logging into your account and using the deletion tools provided within Vyond. Please note that such tools will only apply to the copies hosted on Vyond and will not apply to videos previously downloaded or exported. Please also note that it may take up to one (1) month for such deletions to become permanent and irreversible.
If you have any questions about how to remove videos or assets on Vyond, please contact our support team at email@example.com.
GoAnimate, Inc. participates in and has certified its compliance with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework. We are committed to subjecting all personal data received from European Union (EU) member countries, the United Kingdom, and Switzerland, respectively, in reliance on each Privacy Shield Framework, to the Framework’s applicable Principles. To learn more about the Privacy Shield Frameworks, and to view our certification, visit the U.S. Department of Commerce’s Privacy Shield List at https://www.privacyshield.gov.
GoAnimate, Inc. is responsible for the processing of personal data it receives, under each Privacy Shield Framework, and subsequently transfers to a third party acting as an agent on its behalf. GoAnimate, Inc. complies with the Privacy Shield Principles for all onward transfers of personal data from the EU and Switzerland, including the onward transfer liability provisions.
With respect to personal data received or transferred pursuant to the Privacy Shield Frameworks, GoAnimate, Inc. is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third-party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.
Under certain conditions, more fully described on the Privacy Shield website at https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint, you may be entitled to invoke binding arbitration when other dispute resolution procedures have been exhausted.
GoAnimate, Inc. respects your control over your information and, upon request, we will confirm whether we hold or are processing information that we have collected from you. You also have the right to amend or update inaccurate or incomplete personal information, request deletion of your personal information, or request that we no longer use it. Under certain circumstances we will not be able to fulfill your request, such as if it interferes with our regulatory obligations, affects legal matters, we cannot verify your identity, or it involves disproportionate cost or effort, but in any event we will respond to your request within a reasonable timeframe and provide you an explanation. In order to make such a request of us, please email us at firstname.lastname@example.org.
Please note that for personal information about you that we have obtained or received for processing on behalf of a separate, unaffiliated entity – which determined the means and purposes of processing, all such requests should be made to that entity directly. We will honor and support any instructions they provide us with respect to your personal information.
In compliance with applicable United States federal and state laws, our privacy, and security program has been built to protect your personal information, including training and awareness, monitoring and verification, and response and enforcement. We also keep records of how we process your personal information and conduct regular analyses of our privacy and security practices.
Send mail to:
Attn: Privacy Officer
204 East Second Avenue, Suite 638
San Mateo, CA 94401
If we fail to respond to your complaint within a reasonable period of receiving it in writing, or if you are dissatisfied with the response that you receive from us, you may, subject to the laws applicable to you, lodge a complaint with the data protection authorities in your home jurisdiction.
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