Spin The Ad, Inc.
Privacy Policy
Last modified: November 18, 2024
1. Summary.
(a) Thanks for using our Magic Packs. We offer our Magic Packs and the software, information and services that support our Magic Packs through various types of mediums, including our website, software and mobile application. We refer to our Magic Packs, all related hardware and all of our other products, software and services together, whether a physical product, a service or software that is available online, through download or through any other medium, that we may offer from time to time herein as the “Platform.” Our Platform is provided by us – and when we say “us” or “we” that means Spin The Ad, Inc., a Delaware corporation (which we also refer to herein as the “Company”).
(b) This Privacy Policy is used to inform users of our Platform, purchasers of our Magic Packs and other products, and visitors to our website regarding our policies with respect to the collection, use, and disclosure of “Personal Information” (as defined in Section 2 below). If you choose to use our Platform, then you agree to the collection and use of information as described in this Privacy Policy. We generally use the Personal Information that we collect for providing and improving the Platform. We will not use or share your Personal Information with anyone except as described in this Privacy Policy.
(c) The capitalized words used in this Privacy Policy are either defined here (generally by using quotes the first time we use the term) or in our Terms of Service, which is accessible at [https://spinthead.com/terms/].
2. Information We Collect and Use. We want you to understand the types of information we collect as you use our Platform. Here are the highlights:
(a) We collect information to provide better the Platform to all our users — from figuring out basic stuff like how to communicate with you, to more complex things like which features of our Platform you like the most. The information we collect, and how that information is used, depends on how you use our Platform and how you manage your privacy controls.
(b) We require our customers and each person authorized to use the control software associated with our Magic Packs to create an account to access our software and services (an “Account”). We otherwise do not require users of our Platform to create an Account.
(c) When you have an Account and are not signed in, we may store the information we collect with unique identifiers tied to the browser, application or device you’re using. This helps us do things like maintain your preferences across sessions.
(d) When you have an Account and you’re signed in, we also collect information that we store with your Account, which we treat as Personal Information. “Personal Information” means information that you provide to us which personally identifies you, such as your name, email address, or billing and payment information for Accounts and subscriptions, or other data that can be reasonably linked to such information by the Company, such as information we associate with your Account.
(e) When you create an Account, you provide us with Personal Information that includes your name, email and password. We may collect other sorts of Personal Information, like your address or preferences about how you use our Platform. Even if you aren’t signed into an Account or don’t have an Account, you might choose to provide us with information — like an email address or phone number to receive notifications or updates about our Platform.
(f) We also collect the content you create, upload, or receive from others when using our Platform. This may include things like videos, graphics and other types of creatives.
(g) We collect information about the apps, browsers, and devices you use to access our Platform, which in the future will help us provide features like automatic product updates or enhanced security features.
(h) The information we collect may include unique identifiers, browser type and settings, device type and settings, operating system, mobile network information including carrier name and phone number, and application version number. We collect this information when you access the Platform on your device contacts our servers — for example, when our Platform checks for automatic updates. We may also collect information about the interaction of your apps, browsers, and devices with our Platform, including Internet Protocol (“IP”) address, crash reports, system activity, and the date, time, and referrer URL of your request.
(i) Other examples of the types of information we collect are described in the rest of our Privacy Policy.
3. Your Activity. We collect information about your activity in our Platform, which we use to do things like recommend features of our Platform to you or adjust the algorithms governing our Platform. The activity information we collect may include information you search for, your views and interactions with features and content, people with whom you communicate or share content, or activity on third-party sites and apps that use or connect to our Platform. We also may use such information on an anonymized basis for various purposes as described in this Privacy Policy.
4. Use of User Data. We may collect various types of data to provide the Platform, including personally identifiable information such as names and contact information, from you and/or others with whom you interact through our Platform, including your users and customers. We may also use this data in a de-identified or aggregate format for various purposes including, for example and without limitation, research, analysis and improving our Platform. Aggregate data is data we collect that has been combined with information from others so that the recipient of the data is not able to identify any particular person or device from the data. We will never share Personally Information with third party commercial entities for direct marketing purposes unless you give us permission.
5. Third Party Platform. Our Platform may connect to third-party services that may collect information used to identify you.
6. Log Data. Whenever you use our Platform, in a case of an error in our software or app we collect data and information (which may be through third-party products) on your device called “Log Data.” This Log Data may include information such as your device IP address, device name, operating system version, the configuration of the software or app when utilizing our Platform, the time and date of your use of the Platform, and other statistics.
7. Providing Our Services. We use information we collect from you to deliver the functionality of our Platform, like helping you use and access features or share content with other users.
8. Maintaining and Improving Platform. We also use your information to ensure our Platform is working as intended, such as tracking outages or troubleshooting issues that you report to us. We also use your information to make improvements to our Platform — for example, understanding which features have the most issues helps us identify which features we should improve and how.
9. Providing Personalized Platform. We may use the information we collect to customize our Platform for you, including providing recommendations and personalized content. For example, we may use information about how you use the features of our Platform to suggest new features you might like.
10. Measuring Performance. We use data for analytics and measurement to understand how our Platform is used. For example, we analyze data about your use of our Magic Packs and other products, visits to our posts and sites, and your use of our software and the features we offer as part of our Platform to do things like optimize product design and the algorithms that help run our Platform.
11. Communicating with Users. We use information we collect, like your email address, to interact with you directly. For example, we may send you a notification if we detect suspicious activity, like an attempt to sign into your Account from an unusual location. Or we may let you know about upcoming changes or improvements to our Platform. And if you contact the Company, we’ll keep a record of your request in order to help solve any issues you might be facing.
12. Protecting the Company, Our Users, and the Public. We use information to help improve the safety, reliability and quality of our Platform. This includes detecting, preventing, and responding to fraud, abuse, security risks, and technical issues that could harm the Company, our users, or the public. We also track usage so that we can improve the Platform for all types of our users.
13. Technologies We Use.
(a) We use different technologies to process information we collect. We may use automated systems that analyze your content to provide you with features tailored to how you use our Platform. We may also analyze your use of the Platform to help us detect abuse such as spam, malware or other types of abusive or illegal activity.
(b) We may combine the information we collect in our Platform and across your devices for the purposes described above. For example, if you access certain features we may suggest other features. Depending on your Account settings, your activity on other sites and apps may be associated with your Personal Information in order to improve our Platform.
(c) If other users already have your email address or other information that identifies you, we may show them your publicly visible Account information, such as your name and photo. This helps people identify a message coming from you, for example.
(d) We’ll whenever feasible ask for your consent before using your Personal information for a purpose that isn’t covered in this Privacy Policy.
14. Rights and Choices.
(a) Privacy Rights. Certain privacy laws around the world, including the European General Data Protection Regulation (“GDPR”) and the California Consumer Privacy Act (“CCPA”), provide users with rights related to their personal information. Consistent with those laws, the Company gives you the choice of accessing, editing, or removing certain information, as well as choices about how we contact you. You may change or correct your Account information through your account settings. You may also remove certain optional information that you no longer wish to be visible through the Platform, such as your name. You can also request to permanently close your Account and delete your Personal Information. Depending on your location, you may also benefit from a number of rights with respect to your Personal Information. While some of these rights apply generally, certain rights apply in limited cases, including:
(i) Right of Access and Portability. You can access certain Personal Information associated with your Account by visiting your Account privacy settings. You can also request a copy of your Personal Information in an easily accessible format and information explaining how that Personal Information is used.
(ii) Right to Correction. You have the right to request that we rectify inaccurate information about you. By visiting your Account settings, you can correct and change certain Personal Information associated with your Account.
(iii) Right to Restrict Processing. In certain cases where we process your Personal Information, you may also have the right to restrict or limit the ways in which we use such Personal Information.
(iv) Right to Deletion. In certain circumstances, you have the right to request the deletion of your Personal Information, except information we are required to retain by law, regulation, or to protect the safety, security, and integrity of the Company.
(v) Right to Object. If we process your Personal Information based on our legitimate interests as explained above, or in the public interest, you can object to this processing in certain circumstances. In such cases, we will cease processing your Personal Information unless we have compelling legitimate grounds to continue processing or where it is needed for legal reasons. Where we use your personal data for direct marketing purposes, you can object using the unsubscribe link in such communications or changing your Account email settings.
(vi) Right to Withdraw Consent. Where we rely on consent, you can choose to withdraw your consent to our processing of your Personal Information using specific features provided to enable you to withdraw consent, like an email unsubscribe link or your Account privacy preferences. If you have consented to share your precise device location details but would no longer like to continue sharing that information with us, you can revoke your consent to the sharing of that information through your Account settings. This is without prejudice to your right to permanently close your Account and delete your Personal Information.
(b) Additional California Rights. The CCPA provides California residents with the following additional rights:
(i) Right to Know. California residents may request disclosure of the specific pieces and/or categories of Personal Information that the business has collected about them, the categories of sources for that Personal Information, the business or commercial purposes for collecting Personal Information, the categories of Personal Information that we have disclosed, and the categories of third parties with which your Personal Information was shared.
(ii) Right to Opt-out. To the extent that the Company “sells” personal information (as that term is defined under the CCPA), California residents are entitled to opt-out of the “sale” of data at any time. See below for more information.
(c) If you would like to manage, change, limit, or delete your Personal Information, you can do so via your Account settings. Alternatively, you can exercise any of the rights above by contacting us by submitting a message through our customer support. Once you contact us to exercise any of your rights, we will confirm receipt of your request.
(d) Limiting use of, or deleting, your Personal Information may impact features and uses that rely on that information. However, we will not discriminate against you for exercising any of your rights, including otherwise denying you goods or services, providing you with a different level or quality of services, or charging you different prices or rates for services. If you need further assistance, you can contact the Company as described in the “Contact Us” section below. We will respond to your request within a reasonable timeframe.
(e) Please note that we may verify your identity before we are able to process any of the requests described in this Section 14, and in our discretion, deny your request if we are unable to verify your identity. As a part of this process, government or other identification may be required. You may designate an authorized agent to make a request on your behalf. In order to designate an authorized agent to make a request on your behalf, you must provide a valid power of attorney, the requester’s valid government issued identification, and the authorized agent’s valid government issued identification, and we may verify the authenticity of the request directly with you.
(f) You may also control the receipt of certain types of communications from the Company in your Account settings. The Company may send you messages about the Platform or your activity. Some of these messages are required, service-related messages for members (such as transactional messages or legal notices). Other messages are not required, such as newsletters. You can control which optional messages you choose to receive by changing your Account settings, and you can learn more in Section 11 of this Privacy Policy. If you no longer wish to use the Platform or receive service-related messages (except for legally required notices), then you may close your Account.
(g) “Cookies” are files with a small amount of data that is commonly used as an anonymous unique identifier. These are sent to your browser from the website that you visit and are stored on your device internal memory. We use both technically necessary (for the functioning and security of the Platform) and non-technically necessary cookies and similar technologies. Our app may also use third-party code and libraries that use Cookies to collection information and to improve their platforms and services. You have the option to either accept or refuse these Cookies and know when a Cookie is being sent to your device. If you choose to refuse our Cookies, you may not be able to use some portions of our Platform.
15. Additional Disclosures for California Residents.
(a) In addition to the rights and choices described above, the CCPA requires disclosure of the categories of personal information collected over the past 12 months. While this information is described throughout this Privacy Policy, the categories of personal information that we have collected – as described by the CCPA – are:
(i) Identifiers, including name, email address, shop name, IP address, and an ID or number assigned to your account.
(ii) Other individual records such as phone number, billing address, or credit or debit card information. This category includes personal information protected under pre-existing California law (Cal. Civ. Code 1798.80(e)) and overlaps with other categories listed here.
(iii) Demographics, such as your age or gender, or, where you have provided such information to the Company voluntarily, demographic information about your race, ethnicity, sexual orientation, or gender identity, provided in relation to specific marketing and advocacy projects and campaigns. This category includes data that may qualify as protected classifications under other California or federal laws.
(iv) Commercial information, including purchases and engagement with the Platform.
(v) Internet activity, including your interactions with our Platform and what led you to our Platform.
(vi) Sensory visual data, such as creatives posted through our Platform.
(vii) Geolocation data provided through location enabled services such as WiFi and GPS.
(viii) Inferences, including information about your interests, preferences and favorites.
(b) We collect and use these categories of personal information for our business and commercial purposes as described throughout this Privacy Policy, including providing and improving the Platform, maintaining the safety and security of the Platform, processing purchase and sale transactions, and for advertising and marketing services.
(c) The Company does not sell Personal Information to third parties for monetary value. However, the term “sale” is defined broadly under the CCPA. To the extent that “sale” under the CCPA is interpreted to include interest based advertising or other data uses described in this Privacy Policy, we will comply with applicable law as to those activities.
(d) Your browser settings may allow you to automatically transmit a “Do Not Track” signal to online services you visit. Note, however, there is no industry consensus as to what site and app operators should do with regard to these signals. Accordingly, unless and until the law is interpreted to require us to do so, we do not monitor or take action with respect to “Do Not Track” signals.
(e) California law entitles residents to ask for a notice describing what categories of personal information we share with third parties for their own direct marketing purposes. Unless you request us to or consent to it, the Company does not share any Personal Information to third parties for their own direct marketing purposes. If you have questions about these practices, you can contact us.
(f) If you have a disability and would like to access this policy in an alternative format, please contact us.
16. Platform Providers.
(a) We may employ third-party companies and individuals due to the following reasons:
(i) To facilitate our Platform;
(ii) To provide the Platform on our behalf;
(iii) To perform or provide certain functionality related to our Platform; or
(iv) To assist us in analyzing how our Platform is used.
(b) These third parties may have access to your Personal Information in order to perform the tasks assigned to them on our behalf. However, they are obligated not to disclose or use your Personal Information for any other purpose.
17. When We Share Your Information. We do not share your Personal Information with companies, organizations, or individuals outside of the Company except in the following cases:
(a) With Your Consent. We’ll share Personal Information outside of the Company when we have your consent. We’ll ask for your explicit consent to share any sensitive Personal Information.
(b) For Subscriptions. We may receive and provide Personal Information to External Platform for purposes of maintaining your Accounts and subscriptions.
(c) For External Processing. We provide Personal Information to our affiliates and other trusted businesses or persons to process it for us, based on our instructions and in compliance with our Privacy Policy and any other appropriate confidentiality and security measures. For example, we may use service providers to help us with customer support.
(d) For Legal Reasons. We will share Personal Information outside of the Company if we have a good-faith belief that access, use, preservation, or disclosure of the information is reasonably necessary to (a) meet any applicable law, regulation, legal process, or enforceable governmental request, (b) enforce applicable Terms of Service, including investigation of potential violations, (c) detect, prevent, or otherwise address fraud, security, or technical issues, or (d) protect against harm to the rights, property or safety of the Company, our users, or the public as required or permitted by law.
18. Partners. We may share non-personally identifiable information publicly and with our partners — like our advertisers, developers, or rights holders. For example, we share information publicly to show trends about the general use of our Platform. We may also allow specific partners to collect information from your browser or device for advertising and measurement purposes using their own cookies or similar technologies.
19. Company Merger or Acquisition. If the Company is involved in a merger, acquisition, or sale of assets, we’ll continue to ensure the confidentiality of your Personal Information and give affected users notice before Personal Information is transferred or becomes subject to a different privacy policy.
20. Security. We value your trust in providing us your Personal Information, and we are striving to use commercially acceptable means of protecting it. But remember that no method of transmission over the internet, or method of electronic storage is 100% secure and reliable, and we cannot guarantee its absolute security.
21. Links to Other Sites. The Platform may contain links to other sites. If you click on a third-party link, you will be directed to that site. Note that these external sites are not operated by us. Therefore, we strongly advise you to review the Privacy Policy of these websites. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.
22. Children’s Privacy. These Platform do not address anyone under the age of 13. We do not knowingly collect personally identifiable information from children under 13. In the case we discover that a child under 13 has provided us with Personal Information, we immediately delete this from our servers. If you are a parent or guardian and you are aware that your child has provided us with Personal Information, please contact us so that we will be able to take all necessary actions.
23. Changes to This Privacy Policy. We change this Privacy Policy from time to time, generally by posting a new version. We always indicate the date the last changes were published and we offer access to archived versions for your review. If changes are significant, we’ll provide a more prominent notice (including, for certain Platform, email notification of Privacy Policy changes).
24. Contact Us. If you have any questions or suggestions about our Privacy Policy, do not hesitate to contact us at [support@spinthead.com].