Privacy Policy

 
 

Last Updated:  January 21, 2018

Project Pose respects the privacy of others.  This Privacy Policy explains Project Pose’s privacy practices for the Project Pose website (together with its pages and features, “Site”) and mobile software application (together with its pages and features, “App”) by providing you and any person helping you visit, access, register with or use the Site and/or the App (collectively, “you” or “your”) with an overview of the following:

•    the type of information about you that Project Pose collects through the Site and the App;
•    how that information is collected;
•    how that information is used;
•    who will have access to that information; and
•    Project Pose’s security measures for protecting that information.

This Privacy Policy applies to information collected through the Site and/or the App.  Carefully read this Privacy Policy in its entirety.

When you create, register or log into an account through the Site or the App, you are automatically accepting and agreeing to the most-recent version of this Privacy Policy, as well as the Site’s and App’s Terms of Service.

Similarly, by visiting, accessing or using the Site or the App, you are automatically accepting and agreeing to the most-recent version of this Privacy Policy, as well as the Site’s and the App’s Terms of Service, and your continuing visit, access or use of the Site or the App reaffirms your acceptance and agreement in each instance.

As used herein, the term “personal information” means information that would allow someone to specifically identify you or contact you physically or online (e.g., your name, physical address, telephone number, email address, social security number); and the term “non-personal information” means any information other than personal information that Project Pose may collect from you.

1.    A SPECIAL NOTE ABOUT MINORS

The Site is a general audience website intended for use by adults.  Neither the Site nor the App is designed or intended to attract, and is not directed to, children under eighteen (18) years of age, let alone children under thirteen (13) years of age. Project Pose does not collect personal information through the Site or the App from any person it actually knows to be under thirteen (13) years of age.  If Project Pose obtains actual knowledge that it has collected personal information through the Site or the App from a person under thirteen (13) years of age, then it will use reasonable efforts to refrain from further using such personal information or maintaining it in retrievable form.

Furthermore, if you are under eighteen (18) years of age, then you (or your parent or legal guardian) may at any time request that Project Pose remove content or information about you that is posted on the Site or the App.  Please submit any such request (“Request for Removal of Minor Information”) to any one of the following:

By mail: Project Pose, Inc., attn.:  Support, 133 Ludlow Street, 2F, with a subject line of “Removal of Minor Information.”
By email: contact@projectpose.com, with a subject line of “Removal of Minor Information.”

For each Request for Removal of Minor Information, please state “Removal of Minor Information” in the email or letter subject line, and clearly state the following in the body:

a.        the nature of your request;
b.        the identity of the content or information to be removed;
c.        whether such content or information is found on the Site or the App;
d.        the location of content or information on the Site or the App (e.g., providing the URL for the specific web page the content or information is found on);
e.        that the request is related to the “Removal of Minor Information;”
f.        your name, street address, city, state, zip code and email address; and
g.        whether you prefer to receive a response to your request by mail or email.

If you send a Request for Removal of Minor Information by mail, then please do so by U.S. Certified Mail, Return Receipt Requested to allow for confirmation of mailing, delivery and tracking.  Project Pose will not accept any Request for Removal of Minor Information via telephone or facsimile.  Project Pose is not responsible for failing to comply with any Request for Removal of Minor Information that is incomplete, incorrectly labeled or incorrectly sent. Please note that the aforementioned removal does not ensure complete or comprehensive removal of such content or information posted on the Site or the App.

Also, please note that Project Pose is not required to erase or otherwise eliminate, or to enable erasure or elimination of, such content or information in certain circumstances, such as, for example, when an international, federal, state, or local law, rule or regulation requires Project Pose to maintain the content or information; when the content or information is stored on or posted to the Site by a third party other than you (including any content or information posted by you that was stored, republished or reposted by the third party); when Project Pose anonymizes the content or information, so that you cannot be individually identified; when you do not follow the aforementioned instructions for requesting the removal of the content or information; and when you have received compensation or other consideration for providing the content or information.

The foregoing is a description of Project Pose’s voluntary practices concerning the collection of personal information through the Site from certain minors, and is not intended to be an admission that Project Pose is subject to the Children’s Online Privacy Protection Act, the Federal Trade Commission’s Children’s Online Privacy Protection Rule(s), or any similar international, federal, state, or local laws, rules, or regulations.

2.    CATEGORIES OF INFORMATION COLLECTED

Project Pose may collect personal and non-personal information about you through the Site and/or the App.

a.  Categories of Information Collected through the Site and/or App.

The categories of personal and non-personal information collected from you through the Site and/or the App might include your:

•    Name (first, last and/or middle) and unique identifiers (e.g., username);
•    Login information for the Site and/or the App (e.g., username, password, security questions and answers);
•    Home contact information (e.g., mailing address, email address, telephone number, fax number);
•    Gender;
•    Date of birth;
•    Electronic signature;
•    Photographic or video image to the extent provided by you to Project Pose or created by Project Pose and its contracted Photographers on your behalf;
•    Results of any questionnaires, surveys, information requests, interviews, or other documentary, text, video, or audio interactions related to the provision of services;
•    Billing, payment or shipping information (e.g., payor or payee name, checking account number, credit card number, expiration date, verification code, accountholder name, cardholder name, billing address, mailing address, tax ID number, billing history);
•    Business contact information (e.g., company, title, mailing address, email address, telephone number, facsimile number, tax ID number); and/or
•    Computer, mobile device, and/or browser information (e.g., IP address, mobile device ID information, operating system, connection speed, bandwidth, browser type, referring/exist web pages, web page requests, cookie information, hardware attributes, software attributes);
•    Third-party website, network, platform, server and/or application information (e.g., Facebook, Twitter, Instagram);
•    Usage activity concerning your interactions with the Site, the App and/or third-party websites, networks, platforms, servers or applications accessed through the Site and/or the App (e.g., number of clicks on a page or feature, amount of time spent on a page or feature, identity of third-party websites, networks, platforms, servers and applications being access through the Site and/or the App);
•    Usage activity concerning products and services provided to or accessed by you on or through the Site and/or the App (e.g., viewing habits, viewing preferences, viewing history, title selections, favorites, streams, downloads, demographics and closed captioning selections).
•    Transactional information (e.g., offers, orders, pricing, payments, purchaser, seller, item information, shipping terms, comments, ratings, feedback and instant messages and/or other communications made within or through the Site and/or the App);
•    Information about third parties that you refer to Project Pose (e.g., name, email and/or other contact information, relationship);
•    Information set forth in the Site’s and/or the App’s online account registration, subscriber profile, and/or subscriber directory forms completed by you; and/or
•    Statements or content (e.g., comments, reviews, videos, photographs, images), and information about such statements or content, which you submit or publish on or through the Site and/or the App, or which are accessed via your public or linked social media pages (e.g., Facebook, Twitter, Instagram).

b.     Categories of Other Information Collected from your Mobile Device 

If you use your mobile device to visit, access or use the Site or the App, then additional categories of personal and non-personal information collected from you through the Site and/or the App might include:

•    Your name associated with your mobile device;
•    Your telephone number associated with your mobile device;
•    Your geolocation;
•    Your mobile device ID information;
•    With your express consent, your contacts and/or contact information (e.g., names, telephone numbers, physical addresses, email addresses, photos) stored on your mobile device; and/or
•    With your express consent, information about third-party software applications on your mobile device (including, without limitation, general software apps, downloadable software apps, social media apps).

3.     HOW INFORMATION IS COLLECTED

Project Pose might collect personal and non-personal information from you when you visit, access or use the Site and/or the App; when you register with or subscribe to the Site and/or the App; when you register for or subscribe to the products and/or services of Project Pose online through the Site and/or the App; when you register for or subscribe to the products and/or services of Project Pose online through the Project Pose Pages or, if applicable, other areas of the Site or the App; when you “sign in,” “log in,” or the like to the Site and/or the App; when you allow the Site and/or the App to access, upload, download, import or export content found on or through, or to otherwise interact with, your computer or mobile device (or any other device you may use to visit, access or use the Site and/or the App) or online accounts with third-party websites, networks, platforms, servers or applications (e.g., your online social media accounts, your cloud drives and servers, your mobile device service provider); or whenever Project Pose asks you for such information, such as, for example, when you process a payment through the Site and/or the App, or when you answer an online survey or questionnaire.

In addition, if you or a third party sends Project Pose a comment, review, message or other communication (such as, by way of example only, email, letter, fax, phone call, or voice message) about you or your activities on or through the Site and/or the App, then Project Pose may collect any personal or non-personal information provided therein or therewith.

Finally, Project Pose might use various tracking, data aggregation and/or data analysis technologies, including, for example, the following:

•    Cookies, which are small data files (e.g., text files) stored on the browser or device you use to view a website or message.  They may help store user preferences and activity, and may allow a website to recognize a particular browser or device.  There are several types of cookies, including, for example, browser cookies, session cookies, and persistent cookies.  Cookies may record information you access on one page of a website to simplify subsequent interaction with that website, or to help streamline your transactions on related pages of that website.  Most major browsers are set up so that they will initially accept cookies, but you might be able to adjust your browser’s or device’s preferences to issue you an alert when a cookie is downloaded, or to block, reject, disable, delete or manage the use of some or all cookies on your browser or device.
•    Flash cookies, which are cookies written using Adobe Flash, and which may be permanently stored on your device.  Like regular cookies, Flash cookies may help store user preferences and activity, and may allow a website to recognize a particular browser or device.  Flash cookies are not managed by the same browser settings that are used for regular cookies.
•    Web beacons, which are pieces of code embedded in a website or email to monitor your activity on the website or your opening of the email, and which can pass along information such as the IP address of the computer or device you use to view the website or open the email, the URL page on which the web beacon is located, the type of browser that was used to access the website, and previously set cookie values.  Web beacons are sometimes used to collect advertising data, such as counting page views, promotion views or advertising responses.  Disabling your computer’s, device’s or browser’s cookies may prevent some web beacons from tracking or recording certain information about your activities.
•    Scripts, which are pieces of code embedded in a website to define how the website behaves in response to certain key or click requests sent by the user.  Scripts are sometimes used to collect information about the user’s interactions with the website, such as the links the user clicks on.  Scripts are often times temporarily downloaded to the user’s computer or device from the website server, active only while the user is connected to the Site and/or the App, and deactivated or deleted when the user disconnects from the website.
•    Analytic tools and services, which are sometimes offered by third parties, and which track, measure and/or generate information about a website’s or program’s traffic, sales, audience and similar information, and which may be used for various reasons, such as, for example, statistical research, marketing research, and content ratings research, and conversion tracking.  Examples of the analytic tools and services which Project Pose might use include Google Analytics and Taplytics.  Project Pose may also use other third-party analytic tools and services.

Please be advised that if you choose to block, reject, disable, delete or change the management settings for any or all of the aforementioned technologies and/or other tracking, data aggregation and data analysis technologies, then certain areas of the Site and/or the App might not function properly.
By visiting, accessing or using the Site and/or the App, you acknowledge and agree in each instance that you are giving Project Pose permission to monitor or otherwise track your activities on the Site and/or the App, and that Project Pose may use the aforementioned technologies and/or other tracking, data aggregation and data analysis technologies.

4.    USE OF INFORMATION COLLECTED

Project Pose may use the personal and/or non-personal information it collects from you through the Site and/or the App in a variety of ways, such as, for example, to:

•    Fulfill your requests;
•    Process your payments;
•    Facilitate your movement through the Site and/or the App
•    Facilitate your use of the Site, the App and/or their respective products and/or services;
•    Send you communications like, for example, administrative emails, answers to your questions and updates about the Site and/or the App;
•    Provide you with information about Project Pose and/or their businesses, products and services by letter, email, text, telephone or other forms of communication;
•    Provide you with information about third-party businesses, products and services by letter, email, text, telephone or other forms of communication;
•    Improve the Site, the App and/or their respective content, features and/or services;
•    Improve the products, services, marketing and/or promotional efforts of Project Pose;
•    Create new products, services, marketing and/or promotions for Project Pose;
•    Market the businesses, products and/or services of Project Pose;
•    Help personalize user experiences with the Site, the App and/or their respective products and/or services;
•    Analyze traffic to and through the Site and/or the App;
•    Analyze user behavior and activity on or through the Site and/or the App;
•    Conduct research and measurement activities for purposes of product and service research and development, advertising claim substantiation, market research, and other activities related to Project Pose, the Site, the App and/or their respective products and/or services;
•    Monitor the activities of you and others on or through the Site and/or the App;
•    Place and track orders for prescription drugs and other products on your behalf;
•    Protect or enforce Project Pose’ rights and properties; and/or
•    Protect or enforce the rights and properties of others (which may include you).

Project Pose reserves the right to use your personal and non-personal information when:

•    Required by applicable law, court order or other governmental authority (including, without limitation and by way of example only, in response to a subpoena or other legal process); or
•    Project Pose believes in good faith that such use is otherwise necessary or advisable (including, without limitation and by way of example only, to investigate, prevent, or take legal action against someone who may be causing injury to, interfering with, or threatening the rights, obligations or properties of Project Pose, a user of the Site [which may include you], a user of the App [which may include you], or anyone else who may be harmed by such activities or to further Project Pose’ legitimate business interests).

5.    SHARING OF INFORMATION COLLECTED

Project Pose reserves the right to share your personal information with Project Pose’s employees, agents, administrators, accountants, financial advisors and legal advisors; with Project Pose employees, agents, administrators, accountants, financial advisors and legal advisors; with Project Pose’s employed or contracted Photographers and/or creative providers; and with those third parties who help manage, administer distribute and/or operate the Site, the App, and/or their respective products, services and/or features (e.g., web hosting companies, website administrators, mobile app distribution platforms, support services companies, credit card or other payment processing companies), as needed in order for them to perform such services.

Project Pose does not limit the ways in which it may use or share non-personal information because non-personal information does not identify you.  For example, Project Pose may freely share non-personal information with its affiliates, suppliers and representatives, as well as with other individuals, businesses, and government entities.

You may choose to share certain information and/or follow other users on the Site and/or the App.  You may choose to share your contact information with other users or provide it publicly.

6.    DATA RETENTION

Project Pose may retain your personal information and non-personal information for as long as it believes necessary; as long as necessary to comply with its legal obligations, resolve disputes and/or enforce its agreements; and/or as long as needed to provide you with the products and/or services of the Site, the App, and/or Project Pose.  Project Pose may dispose of or delete any such personal information or non-personal information at any time, except as set forth in any other agreement or document executed by Project Pose or as required by law.

7.    TRANSACTIONS

In connection with any transaction that you conduct through the Site and/or the App (e.g., the payment of any subscription fees, the purchase or sale of any services or products on or through the Site and/or the App), you may be asked to supply certain information relevant to the transaction, including, without limitation, your credit card number and expiration date, your billing address, your shipping address, your phone number and/or your email address.  By submitting such information, you grant Project Pose without charge the irrevocable, unencumbered, universe-wide and perpetual right to provide such information to third parties (e.g., payment processing companies, buyers on the Site and/or the App, sellers on the Site and/or the App) for the purpose of facilitating the transaction.

All credit card, debit card and other monetary transactions on or through the Site and/or the App occur through an online payment processing application(s) accessible through the Site and/or the App.  This online payment processing application(s) is provided by Project Pose’s third-party online payment processing vendor, SquareUp (“SquareUp”).  Additional information about SquareUp, its privacy policy and its information security measures (collectively, the “SquareUp Policies”) should be available on the SquareUp website located at “https://squareup.com/legal/privacy” or by contacting SquareUp directly.  Reference is made to the SquareUp Policies for informational purposes only and are in no way incorporated into or made a part of this Privacy Policy.  Project Pose’s relationship with SquareUp, if any, is merely contractual in nature, as SquareUp nothing more than a third-party vendor to Project Pose, and is in no way subject to Project Pose’s direction or control; thus, their relationship is not, and should not be construed as, one of fiduciaries, franchisors-franchisees, agents-principals, employers-employees, partners, joint venturers or the like.

8.    THIRD PARTY APPLICATIONS AND NETWORKS

The Site, the App, and/or any communications sent through or as a function of the Site and/or the App may contain links to third-party websites, networks, platforms, servers and/or applications.  To the fullest extent permitted by law, Project Pose is not responsible for, and you hereby release Project Pose from any and all liability which may arise from, such third-party websites, networks, platforms, servers and applications (including, without limitation, the privacy policies and practices of such third-party websites, networks, platforms, servers, and applications).

You may have the opportunity to access the Site and/or the App using your online user accounts with certain third-party websites, networks, platforms, servers or applications, which may be subject to separate privacy policies pertaining to those third-party websites, networks, platforms, servers or applications.  Project Pose may also collect information from those third-party websites, networks, platforms, servers or applications (such as, for example, your name, gender, date of birth and personal interests, when you “like” or click links provided by or through those third-party websites, networks, platforms, servers, or applications and other information available through your online account or page with those third-party websites, networks, platforms, servers or applications).  It is your responsibility to carefully read, accept and comply with the relevant terms of use, waivers, and privacy policies associated with those third-party websites, networks, platforms, servers and applications.

9.    SECURITY

Project Pose implements security measures to help protect the personal information it collects through the Site and the App.  

Regardless of the foregoing, please observe that “perfect” or “100%” security does not exist on the Internet.  Therefore, your access and use of the Site and/or the App, and your opening of any communications sent through or as a function of the Site and/or the App, are done at your own risk.

To help maintain the security of your personal information, Project Pose asks that you please notify it immediately of any unauthorized visit, access or use of the Site and/or the App, or the loss or unauthorized use of your user access information for the Site and/or the App (e.g., username or password).

10.    RETENTION, REVIEW, AND CHANGE OF INFORMATION COLLECTED

You may request at any time that Project Pose provide you with an opportunity to review and change your personal information collected through the Site or the App or to no longer use your personal information to provide you with any products or services.  Please submit any such request (“Request Concerning Personal Information”) to any one of the following:

By mail: Project Pose, Inc., attn.:  Support, 133 Ludlow Street, 2F New York, NY 10002, with a subject line of “Your Personal Information.”
By email:  contact@projectpose.com, with a subject line of “Your Personal Information.”

For each Request Concerning Personal Information, please state “Your Personal Information” in the email or letter subject line, and clearly state the following in the body:

a.        the nature of your request;
b.        that the request is related to “Your Personal Information;”
c.        your name, street address, city, state, zip code and email address; and
d.        whether you prefer to receive a response to your request by mail or email.

If you send a Request Concerning Personal Information by mail, then please do so by U.S. Certified Mail, Return Receipt Requested to allow for confirmation of mailing, delivery and tracking.  Project Pose will not accept a Request Concerning Personal Information via telephone or facsimile.  Project Pose is not responsible for any Request Concerning Personal Information that is incomplete, incorrectly labeled, or incorrectly sent.

You are solely responsible for the accuracy and content of your personal information, and for keeping your personal information current and correct.

Further, Project Pose does not respond to “do not track” (DNT) signals.

Finally, as explained further above, Project Pose does not authorize third parties to collect your personal information when you use the Site or the App, except as expressly stated in this Privacy Policy.  To the fullest extent permitted by law, Project Pose is not responsible for, and you hereby release Project Pose from any and all liability which may arise from, such third parties’ unauthorized collection of your personal information.

12.    MODIFICATIONS OF THIS PRIVACY POLICY

Project Pose may supplement, amend, or otherwise modify this Privacy Policy at any time without notice to you.  Such supplements, amendments and other modifications will be posted on this or a similar page of the Site and the App, and shall be deemed effective as of their stated effective or modification date.  It is your responsibility to carefully review this Privacy Policy each time you visit, access or use the Site or the App. 

Again, by visiting, accessing or using the Site or the App, you are automatically accepting and agreeing to the most-recent version of this Privacy Policy, as well as the most-recent version of the Site’s and the App’s Terms and Conditions, and your continuing visit, access or use of the Site and/or the App reaffirms your acceptance and agreement in each instance. Refer to our Terms of Service for more information.

13.    SEVERABILITY

If any term or condition of this Privacy Policy is deemed invalid or unenforceable by a court of law with binding authority, then the remaining Terms of Service shall not be affected, and the court shall reform the invalidated or unenforceable term or condition to the maximum extent permitted under the law and consistent with the intent of this Privacy Policy.

14.    CONTACT US

Please direct any questions you may have about this Privacy Policy to any one of the following:

By mail:  Project Pose, Inc., attn.:  Support, 133 Ludlow Street, 2F New York, NY 10002, with a subject line of “Privacy Policy.”
By email: contact@projectpose.com, with a subject line of “Privacy Policy.”

The foregoing contact information may change from time-to-time by supplementation, amendment, or modification of this Privacy Policy.

15.    MODIFICATION DATE

This Privacy Policy was last modified on January 21, 2018.