Privacy

Last updated: October 1, 2024

Welcome to A Color Story, the 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”), mobile application (“App”) and data collected through social media, marketing activities and other ways described herein (collectively, our “Service”), and your choices about the collection and use of your information. By using our Services, or otherwise interacting with us, you are accepting and consenting to the practices described in this Privacy Policy.

Information we collect and its use

We may ask for certain information such as your Apple ID, a username, your first and last name, and e-mail address if you register for an ACS account (“User”), or if you correspond with us. We use this information to setup your account and provide our Services to you. 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 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.

Capitalized terms that are not defined in this Privacy Policy have the meaning given to them in our Terms of Use. Unless otherwise noted with 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.

If you create an account to use our Service through Apple, with your permission, we collect information from those accounts (like your email and public profile information) to authenticate you within our services. Likewise, if you link a third-party account to the 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. 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 Service.

We also get technical information that gets created and logged automatically when you use our Service, including:

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 where you navigate within our Service, your IP address, browser type, referring/exit pages and URLs, number of clicks and how you interact with links on the Service. We use log file information to deliver our Service, maintain security and performance, and improve your experience.

Cookie data. We use "cookies" and similar technologies to collect log data and operate our services as described further below.

Device data. When you access the Service by or through a mobile device (including by not limited to smartphones or tablets), we may access, collect, monitor and/or remotely store one or more of your device identifiers, and data about your device

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 verifying and allowing you to log in to Service, operating and maintaining the Service, and giving you access to your photographs. We also use information we collect about you to automatically 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 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 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 marketing purposes: to perform, facilitate, and optimize our marketing and advertising campaigns, to effectively manage and deliver advertisements for our products and services on other websites and applications to maximize their impact.

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.

How and when we share 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.

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;

Marketing and advertising partners; and

Analytics.

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.

Cookies & Similar Technologies

We use cookies (small data files of information that a website or mobile application transfers to your hard drive or mobile device to store and sometimes track information about you), and may also use anonymous identifiers (random strings of characters that are used for the same purposes as cookies), such as tracking pixels or web beacons.

These cookies, tracking pixels and web beacons are used to distinguish you from other users, to help us improve our Service and provide you with the best experience when you use our Service.

Most websites, mobile devices, and mobile applications automatically accept cookies but, if you prefer, you can change your browser, device or app settings to prevent that or to notify you each time a cookie is set. Please note however, that, as with other websites and mobile applications, by blocking or deleting cookies used on our Service you may not be able to take full advantage of our Service. Some of our service providers may also use their own cookies, anonymous identifiers, or other tracking technology in connection with services they perform on behalf of our Service.

Updating your account 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 via email at: hello AT acolorstory DOT com.

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 via email at: hello AT acolorstory DOT com.

How we transfer, store, and protect your data

While ACS is based in the United States, regardless of where you use the Service, the information collected as part of that use may be store 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 by using the Service, 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.

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 to verify your identity before granting you access to your account. You are responsible for maintaining the secrecy of your ACS account access, 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.

European Union & UK residents

If you reside in the United Kingdom, Switzerland or another member state of the European Union, collectively “Europe”, you have certain rights under EU data protection legislation. You can ask us to:

Confirm that we process your personal data, and ask what personal data we have about you.

Change or fix your data that we have in our possession.

Delete your data.

Stop using some or all of your data if we have no legal right to keep using it.

Give you a copy of the personal data you provided to us.

If you wish to exercise any of these rights, please email us at: hello AT acolorstory DOT com – there is no charge for this service. If you make a request, we have one month to respond to you, and if you think we haven’t complied with data protection laws, you also have a right to file a complaint with your local data protection authority.

The data controller for our Services is A Color Story LLC, a Missouri limited liability company with a registered office of: 2131 W. Republic Road, #343, Springfield, MO 65807, and our data protection officer can also be reached at: hello AT acolorstory DOT com.

To verify your identity when you make a request, you must provide us with your email address and respond to an email verification request. We will match that information to the user account information we have in our systems.

State Privacy Rights

If you are a resident of California, Colorado, Connecticut, Montana, Oregon, Texas, Utah or Virginia, you may have the following rights under the applicable privacy laws in your state ("State Privacy Laws"):

You have the right to know what personal information we have collected about you, including sources, purpose of collection, and third parties we have shared it with.

You can ask us to delete your personal information.

You can ask us not to sell or share your information with any third party.

If you wish to exercise any of these rights, you can email us at: hello AT acolorstory DOT com to submit your request, using the appropriate subject line of “Opt Out of Sale/Sharing”, “Delete My Data”, “Send Me a Copy of My Data”, “Right to Know”, or “Right to Correct Data”, and you must use the email address you used when you created your ACS account, which we will match to the information we have in our systems. We may not be able to delete your personal information if:

we have to complete an ongoing transaction with you,

we detect or need to address a data security incident,

we need to correct or repair an error,

we need to protect against harassment or malicious, deceptive, fraudulent or illegal activity,

we need to comply with a legal requirement or to assist another party with any of its legal obligations under applicable privacy laws,

we need it for other legitimate purposes, such as if we use it internally in a lawful manner to improve our services or to communicate with you about your account.

If we delete your personal information, many of our services may not work the same for you.

California users under the age of 18 may request the removal of their content publicly posted in our services by emailing us at: hello AT acolorstory DOT com. You will need to describe the content you want removed in enough detail to allow us to locate it, or we may not be able to process your request. In some cases, complete removal of your content may not be possible because your content may have been reposted (in whole or in part) by other users.

If you are a Colorado, Connecticut or Virginia resident and we were unable to fulfill your request, you may appeal by emailing us at: hello AT acolorstory DOT com within thirty days of our decision and submitting an appeal request with a detailed reason for your appeal, as well as your state of residence.

Sensitive Personal Information

We do not collect or process Sensitive Personal Information, as defined by California Law, for inferring characteristics or use or disclose Sensitive Personal Information for purposes other than those permitted by law. In addition, we do not sell or share Sensitive Personal Information.

Retention

We will store your personal information for as long as is reasonably necessary to fulfill the purposes described in this Privacy Policy or as required by law.

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.

Contact us

If you have questions, or want to share any comments about this privacy policy, contact us via email at: hello AT acolorstory DOT com, or via mail at A Color Story, LLC, 2131 West Republic Road, #343, Springfield, MO 65807.