Privacy

Last modified: June 24, 2019

What does this policy cover

Welcome to A Color Story, the online and mobile service of A Color Story, LLC (“ACS,” “we,” or “us”). Our Privacy Policy explains how we collect, use, disclose, and protect information that applies to the ACS website (“Site”) and mobile application (“App”) (collectively, “Service”), and your choices about the collection and use of your information. Capitalized terms that are not defined in this Privacy Policy have the meaning given to them in our Terms of Use.

This Policy sets out how ACS collects and uses the information that we collect about you when you use the ACS Service. This policy also explains the choices that you can make about the way that we use your information.

Information we collect and its use

We collect the following types of information about you:

Information you provide us directly

We may ask for certain information such as a username, your first and last name, and e-mail address when you register for an ACS account (“User”), or if you correspond with us. We may also retain any messages you send through the Service, and may collect information you provide in User Content you post to the App. We use this information to operate, maintain, and provide to you the features and functionality of the Service. We may also use this information to correspond with you, and to address any issues you raise about the Service. Unless otherwise noted within the Terms of Use or this Policy, any information you provide through the Service may be transmitted to or stored by ACS and/or its third-party providers.

Information we may receive from third parties

We may receive information about you from third parties. For example, if you link a third party account to the ACS App (i.e., Instagram) that third party may pass certain information about your use of its service to ACS. This information could include, but is not limited to, the user ID associated with your account (for example, your Instagram user identification), an access token necessary to access that service, any information that you have permitted the third party to share with us, and any information you have made public in connection with that service. You should always review, and if necessary, adjust your privacy settings on third-party websites and services before linking or connecting them to the ACS Service. You may also unlink your third party account from the Service by adjusting your settings on the third party service. If you unlink your third party account, ACS will no longer receive information collected about you in connection with that service and such unlinking may affect your ability to use the ACS Service.

Information we collect from you automatically

We may directly collect analytics data, or use third-party analytics tools, to help us measure traffic and usage trends for the Service. These tools collect information sent by your browser or mobile device, including, but not limited to, your mobile device ID, the type of mobile device you are using, information associated with your Apple Store or Google Play account, and other information that assists us in improving the Service.

Log file information

Log file information is automatically reported by your browser or mobile device each time you access the Service. When you use our Service, our servers automatically record certain log file information. These server logs may include anonymous information such as your web request, Internet Protocol (“IP”) address, browser type, referring/exit pages and URLs, number of clicks and how you interact with links on the Service, domain names, landing pages, pages viewed, and other such information.

Clear gifs/web beacons information

When you use the Service, we may employ clear GIFs (also known as web beacons) which are used to anonymously track the online usage patterns of our Users. In addition, we may also use clear GIFs in HTML-based emails sent to our users to track which emails are opened and which links are clicked by recipients. This information allows for more accurate reporting and improvement of the Service. These web beacons do not collect personal or location information.

Device identifiers

When you access the Service by or through a mobile device (including but not limited to smartphones or tablets), we may access, collect, monitor and/or remotely store one or more “device identifiers,” such as a universally unique identifier (“UUID”). Device identifiers are small data files or similar data structures stored on or associated with your mobile device, which uniquely identify your mobile device. A device identifier may be data stored in connection with the device hardware, data stored in connection with the device’s operating system or other software, or data sent to the device by ACS. A device identifier may convey information to us about how you browse and use the Service. A device identifier may remain persistently on your device, to help you log in faster and enhance your navigation through the Service. Some features of the Service may not function properly if use or availability of device identifiers is impaired or disabled.

How we use your information

We use the information we collect about you for the following purposes:

Providing you with the Service: We use the information that you provide us to provide the Service to you. This includes allowing you to log in to ACS, operating and maintaining the Service, giving you access to your photographs, and billing you for transactions that you make via the Service. We also use information we collect about you automatically to remember information about you so that you will not have to re-enter it during your visit or the next time you visit the site

For data analytics: We use information about you to help us improve the ACS Service and our users’ experience, including by monitoring aggregate metrics such as total number of visitors, traffic, and demographic patterns.

Customizing the Service for you: We use information you provide us and information about you to make sure that your use of the Service is customized to your needs.

To communicate with you about the Service: We use your contact information to get in touch with you and to send communications about critical elements of the Service. For example, we may send you emails about technical issues, security alerts, or administrative matters.

To promote and drive engagement with the ACS Service: We use your contact information to get in touch with you about features and offers relating to the Service that we think you would be interested in. We also use information we collect about you to make sure that you get the most relevant offers and promotions based on your use of the Service, and your preferences. You can opt-out of getting these communications as described below.

Customer service: We use information about you, information that you provide to our customer service team, information about your interactions with the Service to resolve technical issues you experience with the Service, and to ensure that we can repair and improve the Service for all ACS users.

For security measures: We use information about you to monitor activity that we think is suspicious or potentially fraudulent, and to identify violations or this Privacy Policy or our Terms of Use.

For matters that you have specifically consent to: From time to time ACS may seek your consent to use your information for a particular purpose. Where you consent to our doing so, we will use it for that purpose. Where you no longer want us to use your information for that purpose you may withdraw your consent to this use.

For matters that we are required to use your information by law: ACS will use or disclose your information where we reasonably believe that such action is necessary to (a) comply with the law and the reasonable requests of law enforcement; (b) to enforce our Terms of Use or to protect the security or integrity of our Service; and/or (c) to exercise or protect the rights, property, or personal safety of ACS, our Users or others.

Legal bases for processing information under the GDPR (for users in the EEA)

For ACS users in the European Economic Area (EEA) ACS processes your information in accordance with European laws and regulations such as the General Data Protection Regulation (GDPR). The GDPR governs how ACS may process your information, and the rights that EEA users have in relation to it. This means that ACS will collect and use your information only where:

We need it to provide you the Service and fulfil our obligations to you under our Terms of Use. This includes providing you with access to the information that you create in your designs.

It is justified because of a legitimate interest such as for research and development or marketing the Service (but only where our legitimate interest isn’t overridden by your interest in protecting your data).

You consent to us using your information in a certain way.

It is necessary for compliance with our legal obligations.

If you have consented to our use of your information you may withdraw that consent at any time. To withdraw, simply follow the instructions and link at the bottom of this page. Where we are using your information because of a legitimate interest to do so, you have the right to object to that use. However, if you do so it may mean that it is not possible for you to continue using the Service.

Sharing your information

We will not rent or sell your information to third parties outside ACS and its group of companies (including any parent, subsidiaries, and affiliates) without your consent, except as noted in this section:

Who we may share your information with

We may share your information with third-party service providers for the purpose of providing the Service to you and to facilitate ACS’s interests, as outlined above. Those service providers will only be provided with access to your information as is reasonably necessary for the purpose that ACS has engaged the service provider, and we will require that such third parties comply with this Privacy Policy and any applicable laws.

Some of the third parties that ACS may share your personal information with include providers who assist ACS with functions such as:

Billing;

Customer support and customer management;

Email services; and

Analytics.

Who you may choose to share your User Content with

Any information or content that you voluntarily share with the public using the Service becomes available to the public, as controlled by any applicable privacy settings.

ACS may also share your information with third parties in certain circumstances, such as where:

we are required to do so as a result of a court order, subpoena, or other legal requirement;

we believe that it is necessary to protect you or ACS, such as where we consider that there is a need to investigate potentially fraudulent or criminal activity; or

you have consented to our sharing it with a third party for a particular purpose.

In the event of any significant transaction or matter involving ACS or any of its related entities or divisions including, but not limited to, a sale, merger, financing, re-organization, liquidation, or insolvency, other parties to the transaction and their professional advisors may need to have access to ACS’s customer lists and various databases as part of the due diligence process. In this event, ACS would only provide such access under terms of a strict confidentiality agreement. Also, upon completion of the transaction or event, your personal information would be transferred to the ACS successor-in-interest to be used only for the purposes for which it was collected. If we are able to provide advance notice to you, we will do our best to do so.

We may also aggregate or otherwise strip data of all personally identifying characteristics and may share that aggregated, anonymized data with third parties engaged to assist ACS with its business operations.

Ads on ACS

ACS is an ad-free platform. If that changes you will be notified and provided with an opportunity to discontinue use of the Service.

How we transfer, store and protect your data

Your information collected through the Service may be stored and processed in the United States or any other country in which ACS or its subsidiaries, affiliates, or service providers maintain facilities. ACS may transfer information that we collect about you, including personal information, to affiliated entities, or to other third parties across borders and from your country or jurisdiction to other countries or jurisdictions around the world. As a result, we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction, and you consent to the transfer of information to the U.S. or any other country in which ACS or its parent, subsidiaries, affiliates or service providers maintain facilities and the use and disclosure of information about you as described in this Privacy Policy.

Cross-border transfers of information (for users in the EEA)

ACS is based in the United States and, regardless of where you use the Service, the information collected as part of that use may be transferred to and maintained on servers located in the United States. Any information we obtain about you will be stored in accordance with U.S. privacy laws, regulations, and standards, which may not be equivalent to the laws in your country of residence. By using the Service, you consent to this collection, transfer, storage, and processing of information to and in the United States in accordance with the foregoing.

Keeping your information safe

ACS cares about the security of your information and uses appropriate safeguards to preserve the integrity and security of all information collected through the Service. To protect your privacy and security, we take reasonable steps (such as requesting a unique password) to verify your identity before granting you access to your account. You are responsible for maintaining the secrecy of your unique password and account information, and for controlling access to your email communications from ACS, at all times. However, ACS cannot ensure or warrant the security of any information you transmit to ACS or guarantee that information on the Service may not be accessed, disclosed, altered, or destroyed. Your privacy settings may also be affected by changes to the functionality of third party sites and services that you add to the ACS Service, such as social networks. ACS is not responsible for the functionality or security measures of any third party.

Compromise of information

In the event that any information under our control is compromised as a result of a breach of security, ACS will take reasonable steps to investigate the situation and where appropriate, notify those individuals whose information may have been compromised and take other steps, in accordance with any applicable laws and regulations.

Your choices about your information

You control your account information and settings

You may update your account information by logging into your account and changing your profile settings. You can also stop receiving promotional email communications from us by clicking on the “unsubscribe” link provided in such communications. We make every effort to promptly process all unsubscribe requests. You may not opt out of Service-related communications (e.g., account verification, purchase and billing confirmations and reminders, changes/updates to features of the Service, technical and security notices). If you have any questions about reviewing or modifying your account information, you can contact us directly at hello AT acolorstory DOT com

California Do Not Track Disclosure. ACS does not have a mechanism in place for responding to browser “do not track” signals or other similar mechanisms used to limit collection of information for use in online behavioral advertising.

Opting out of collection of your information

Please refer to your mobile device or browser’s technical information for instructions on how to delete and disable cookies, and other tracking/recording tools. Depending on your type of device, it may not be possible to delete or disable tracking mechanisms on your mobile device. Note that disabling cookies and/or other tracking tools prevents ACS or its business partners from tracking your browser’s activities in relation to the Service, and for use in targeted advertising activities by ACS, including via third parties’ websites. However, doing so may disable many of the features available through the Service. For more information about cookies used on the Service, please read our Cookie Policy.

Rights in respect of your Information

The laws of some countries grant particular rights in respect of personal information. Users in those jurisdictions may have the right to:

Request a copy of your information;

Request that we correct inaccuracies relating to your information;

Request that your information be deleted or that we restrict access to it;

Request a structured electronic version of your information; and

Object to our use of your information;

Should you wish to make a request in respect of your personal information please contact us at hello AT acolorstory DOT com.

In some circumstances ACS may not be able to comply with a request that you make in respect of your personal data. For example, we may not be able to provide a copy of your information where it infringes on the rights of another User. We may also be required to retain certain information that you ask us to delete for various reasons, such as where there is a legal requirement to do so. In some cases, you may have shared your information with third parties, such as by publishing a design on a third party’s website. In that case ACS will not be able to delete the information, and you will need to contact that third party directly.

Special Provisions For Users Residing In California

If you are a California resident, you have the right to request information from us regarding the manner in which ACS shares certain categories of personal data with third parties for their direct marketing purposes, in addition to the rights set forth above. Under California law, you have the right to send us a request at the designated address listed below to receive the following information:

the categories of information we disclosed to third parties for their direct marketing purposes during the preceding calendar year;

the names and addresses of the third parties that received the information; and

if the nature of the third party's business cannot be determined from their name, examples of the products or services marketed

This information may be provided in a standardized format that is not specific to you. Please direct these inquiries to hello AT acolorstory DOT com and indicate “Request for California Privacy Information” in the subject.

How long we keep your User Content

Following termination or deactivation of your User account, ACS may retain your profile information and User Content for a commercially reasonable time, and for as long as we have a valid purpose to do so. In particular, ACS may retain your information for the purpose of comply with its legal and audit obligations, and for backup and archival purposes.

Children’s privacy

ACS does not knowingly collect or solicit personal information from children under the age of 13 and the Service and its content are not directed at children under the age of 13. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at hello AT acolorstory DOT com.

Links to other websites and services

We are not responsible for the practices employed by websites or services linked to or from the Service, including the information or content contained therein. Please remember that when you use a link to go from the Service to another website, our Privacy Policy does not apply to third-party websites or services. Your browsing and interaction on any third-party website or service, including those that have a link or advertisement on our Site or App, are subject to that third party’s own rules and policies. In addition, you agree that we are not responsible for and we do not exercise control over any third-parties that you authorize to access your User Content. If you are using a third-party website or service (like Instagram) and you allow such a third-party access to your User Content you do so at your own risk. This Privacy Policy does not apply to information we collect by other means (including offline) or from other sources other than through the Service.

Changes to This Policy

We reserve the right to update or modify the Service or this Policy at any time and from time to time without prior notice. Any revisions to this Policy will be effective upon posting. You should review this Policy periodically to ensure you are aware of any changes. If you object to any changes to this Policy, you must cease using the Service. Please review this Policy periodically by visiting the Website or App. This Policy was last updated on the date indicated at the top of this page. Your continued use of any of our Service after any changes or revisions to this Policy indicates your agreement to the terms of the revised Policy.

How to contact us

If you have any questions about this Privacy Policy or the Service, please contact us at hello AT acolorstory DOT com.

DATA ACCESS REQUEST
A Color Story LLC only keeps and has access to acolorstory.com customer data (name, email, location, payment details, etc.). Click here to request any of your data we have stored.