Important notice for users in the European Union (Last updated: May 25, 2018)
Important information for California residents (Last updated: January 1, 2020)
Click on the links below to jump to each section:
- How we collect and use information
- Sharing of your information
- How we store and protect your information
- Your choices about your information
- Children’s privacy
- Links to other websites and services
- How to contact us
- EU Addendum
- Important Information for California Residents
1. HOW WE COLLECT AND USE YOUR INFORMATION
We collect the following types of information about you:
Information you provide us directly — We ask for certain information such as your name and e-mail address if you register for a User account with the Service, or if you correspond with us (in which case we will also retain our responses). If you purchase products or services or sign up for a paid subscription, then we will also ask for additional information, such as your credit card number and billing address. We may also retain any messages you send through the Service, and may collect information you provide in User Content you create, share, or post to the Service, which may include information contained in your profile as well as photos or other image files and associated metadata. If you sign up for our e-mail mailing list, we will collect your name and e-mail address. We use this information to operate, maintain, and provide to you the features and functionality of the Service.
Information we may receive from third parties — We may receive information about you from third parties. For example, if you access our websites or Service through a third-party connection or log-in, for example, through Facebook Connect, by “following,” “liking,” adding the VSCO application, linking your account to the VSCO Service, etc., that third party may pass certain information about your use of its service to VSCO. This information could include, but is not limited to 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. We may use this information to find your contacts on the Service, to let you know what your contacts are doing on the Service, and to let your contacts know what you are doing on the Service. We may also use it to suggest additional users or friends you may want to follow or connect with. You should always review, and if necessary, adjust your privacy settings on third-party websites and services before linking or connecting them to VSCO’s websites or Service. You may also unlink your third party account from the Service by adjusting your settings on the third party service.
Inviting a third party to use our Service — If you choose to use our invitation service to invite a third party to the Service, we will ask you for that person’s email address or phone number, or with your permission we may access and store your contact list available on your mobile device, and we will automatically send an email invitation to the invitee. After sending the invitation, we may also send reminder emails to your invitees on your behalf. We store this information to send this email, to register the invitee if your invitation is accepted, to track the success of our invitation service, and to let you know when your contacts join the Service. Unless the invitee becomes a registered User of the Service, we do not use the invitee’s email address for marketing purposes, and we do not share the invitee’s email address with third parties other than VSCO’s service providers. The invitee may contact us at any time to request that we remove his or her information from our database in this form.
Metadata — We may collect metadata associated with User Content. Metadata typically consists of how, when, where and by whom a piece of User Content was collected and how that content has been formatted. Users can add or may have added metadata added to their User Content including keywords posted with a photo or video, including names, geographical or location information, comments or other data. This makes your data more searchable and more interactive. However, the metadata may be accessible to others if you share the User Content with others or on third party social media sites.
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 communicate directly with you. We may send you emails containing newsletters, promotions and special offers. If you do not want to receive such email messages, you will be given the option to opt out or change your preferences. We also use your information to send you Service-related emails (e.g., account verification, purchase and billing confirmations and reminders, changes/updates to features of the Service, technical and security notices). You may not opt out of Service-related e-mails.
Analytics information — 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 as part of a web page request, including the web pages you visit, your browser add-ons, your browser’s width and height, and other information that assists us in improving the Service. We may collect and use this analytics information in aggregate form such that it cannot reasonably be manipulated to identify any particular individual user.
Log file information — Log file information is automatically reported by your browser each time you access a web page. 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 anonymously. 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. The information is allows for more accurate reporting and improvement of the Service.
Device identifiers — When you access the Service by or through a mobile device (including but not limited to smart-phones or tablets) or computer, we may access, collect, monitor and/or remotely store one or more “device identifiers.” 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 VSCO. 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.
Location data — When you access the Service by or through a mobile device, we may access, collect, monitor and/or remotely store “location data,” which may include GPS coordinates (e.g. latitude and/or longitude) or similar information regarding the location of your mobile device. Location data may convey to us information about how you browse and use the Service. Some features of the Service, particularly location-based services, may not function properly if use or availability of location data is impaired or disabled.
We use or may use the data collected through cookies, log file, device identifiers, location data and clear gifs information to: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the site; (b) provide custom, personalized content and information, including advertising; (c) to provide and monitor the effectiveness of our Service; (d) monitor aggregate metrics such as total number of visitors, traffic, and demographic patterns; (e) diagnose or fix technology problems; (f) help you efficiently access your information after you sign in; and (h) track User Content and Users to the extent necessary to comply as a service provider with the Digital Millennium Copyright Act; and (i) to provide advertising to your browser or device. Although we do our best to honor the privacy preferences of our visitors, we are not able to respond to Do Not Track signals from your browser at this time.
2. SHARING OF YOUR INFORMATION
We may share your information with third parties outside the VSCO and its controlled subsidiaries and affiliates in the instances described below. For further information, see the “Your Choices Regarding Your Information” section below.
Who we may share your information with — We may share your information with third-party business partners, consultants and service providers that perform services on our behalf for the purpose of providing the Service to you (e.g., email providers, advertising networks, content or service fulfillment, analytics companies, etc.). Those business partners will be given limited access to your information that is reasonably necessary to deliver the Service. We may also share your information with our business partners who offer a service to you jointly with us, for example, when running a co-sponsored contest or promotion. From time to time, we may share your information with third parties who we think may offer you products or services you may enjoy.
Who you may choose to share your information with — Any information or User Content that you voluntarily disclose for posting to the Service, such as your public profile, photos or images and associated metadata, and comments, becomes available to other VSCO users and to the public, as controlled by any applicable privacy settings. If you remove information that you posted to the Service, copies may remain viewable in cached and archived pages of the Service, or if other Users have copied or saved that information. You may also choose to share your information with friends through email or various social media sites.
What happens in the event of a change of control — We may buy or sell/divest/transfer the company (including any shares in the company), or any combination of its products, services, assets and/or businesses. Your information such as customer names and email addresses, User Content, and other User information related to the Service will likely be among the items transferred in these types of transactions. We may also transfer or assign such information in the course of corporate divestitures, mergers, acquisitions, bankruptcies, dissolutions or similar transactions or proceedings. We may also sell, assign or otherwise transfer such information in the course of corporate divestitures, mergers, acquisitions, bankruptcies, dissolutions, reorganizations, liquidations, similar transactions or proceedings involving all or a portion of the company.
We may also share information with others in an aggregated and anonymous form that does not reasonably identify you directly as an individual.
3. HOW WE STORE AND PROTECT YOUR INFORMATION
Data Retention -We will retain your information for as long as your account is active or as needed to provide you services. You may deactivate your account in your profile settings. Please contact us if you wish to delete your account permanently from our systems. Please be aware that we will not be able to delete any content you have shared with others or with social media sites.
Deleting or Anonymizing Your Content - If you are under 18 years of age, you may request that the content that you posted to the Service be deleted or anonymized such that your personal information will not be identifiable publicly on our Service by contacting us. While we will use all commercially reasonable efforts to delete or anonymize your user content upon request, please be aware that due to the social nature of our Service, you may not be able to completely remove all of your personally identifiable user content if, for example, that content has been stored, republished, or reposted by another user or a third party. We may also maintain your information in identifiable form for our internal use, even if your personal data is no longer visible to the public on our Service.
Keeping your information safe — VSCO cares about the security of your information, and uses commercially reasonable safeguards to preserve the integrity and security of all information collected through the Service. However, VSCO cannot ensure or warrant the security of any information you transmit to VSCO 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 VSCO’s distributors, such as social networks. VSCO 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, VSCO 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.
4. YOUR CHOICES ABOUT YOUR INFORMATION
You control your account information and settings — You may update your account information, profile information and email-communication preferences at any time by logging in to 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. As noted above, 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.
5. CHILDREN’S PRIVACY
VSCO does not knowingly collect or solicit personal information from anyone under the age of 13. The Service and its content are not directed at children under the age of 13. In the event that we learn that we have inadvertently collected personal information from a child under age 13, 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.
6. LINKS TO OTHER WEBSITES AND SERVICES
7. HOW TO CONTACT US
1500 Broadway, Suite #300 Oakland, CA 94612 1 (510) 545-3844
Please note that we do not offer phone support, but if you have questions regarding our products or your order, please visit our Support page, or you may contact our Support team here.
9. EU ADDENDUM
Controller. Visual Supply Company is the controller of the personal data that we have about you and can be reached at: 1500 Broadway, Suite 300, Oakland, CA 94612 or through email.
Your rights. You may ask us to take the following actions:
- Access. Provide you with information about our processing of your personal data and give you access to it.
- Correct. Update or correct inaccuracies in your personal data.
- Delete. Delete your personal data.
- Export. Export a machine-readable copy of your personal data that you can use with a different service.
- Restrict. Restrict the processing of your personal data.
- Object. Object to our reliance on our legitimate interests as the legal basis of processing your personal data if that processing adversely impacts your legal rights.
To request one of these actions, contact us. We may request information from you to help us confirm your identity and process your request. Applicable law may require or permit us to decline your request. If we decline your request, we will tell you why, subject to legal restrictions.
Marketing emails. You can always opt out of our marketing emails by following the unsubscribe prompt in the message. You may still receive administrative or other non-marketing messages.
Legal bases. We generally process your personal data on the following legal bases:
- Contractual necessity. You have entered a contract with us and we need to use some of your personal data to provide services you have requested or take steps that you request prior to providing services. For example, we cannot create an account for you if you do not provide required information like your email address or phone number. If you do not provide information indicated as required or mandatory within our service, or that is otherwise necessary to provide a requested service or feature within the service, it will not be available to you.
- Compliance with law. We may have to process or share your personal data to comply with legal obligations, such as to comply with a subpoena or legal process.
- Consent. In some cases, we may process your personal data based on your consent, such as where we request access to data on your mobile device through the prompts in your device’s operating system. Where we rely on your consent you have the right to withdraw it anytime in the manner indicated at the time consent is requested.
Questions, concerns, complaints. If you have any questions or concerns, please contact us. In addition, you can always submit a complaint to your data protection regulator. You can find your data protection regulator here.
10. IMPORTANT INFORMATION FOR CALIFORNIA RESIDENTS
- Browser settings. Blocking third party cookies in your web browser settings.
- Privacy browsers/plug-ins. Using privacy browsers or ad-blocking browser plug-ins that let you block advertising trackers.
- Ad industry tools. Opting-out of interest-based ads from companies participating in the following industry opt-out programs:
- Network Advertising Initiative: https://www.networkadvertising.org/managing/opt_out.aspx
- Digital Advertising Alliance:
- Opt-out (optout.aboutads.info), which will allow you to opt-out of interest based ads served by on websites by participating members.
- AppChoices mobile app (available at https://www.youradchoices.com/appchoices), which will allow you to opt-out of interest-based ads in mobile apps served by participating members.
- Mobile settings. Using your mobile device settings to limit use of the advertising ID associated with your mobile device for interest-based advertising purposes.
We recommend that you take all of these steps if you want to prevent collection of your information for interest-based ads. You will need to apply these opt-out settings on each device from which you wish to opt-out. Not all companies that serve interest-based ads participate in these opt-out programs, so even after opting-out, you may still receive cookies and interest-based ads from other companies. If you opt-out, you will still see advertisements online but they may be less relevant to you.
Your right to information, access and deletion. You have the following rights under the CCPA:
- Information. You can request the following information about how we have collected and used your Personal Information during the past 12 months:
- The categories of Personal Information that we have collected.
- The categories of sources from which we collected the Personal Information.
- The categories of third parties with whom we share the Personal Information.
- The categories of Personal Information that we sold or disclosed for a business purpose.
- The categories of third parties to whom the Personal Information was sold or disclosed for a business purpose.
- The business or commercial purpose for collecting and/or selling Personal Information.
- Access. You can request a copy of the Personal Information that we have collected about you during the past 12 months.
- Deletion. You can ask us to delete the Personal Information that we have collected from you.
- Nondiscrimination. You are entitled to exercise the rights described above free from discriminatory treatment prohibited by the CCPA.
You may submit a request to exercise your right to information, access or deletion by contacting us using this form. We reserve the right to confirm your California residency to process these requests and will need to confirm your identity. Government-issued identification may be required. You may designate an authorized agent to make a request on your behalf by providing a valid power of attorney or other proof of authority acceptable to us in our reasonable discretion. Government-issued identification may be required for both the requester and the authorized agent. We cannot process your request if you do not provide us with sufficient information to allow us to understand and respond to it. As email is not a secure communication channel, you should not email government-issued identification to us. In certain cases we may decline your request as permitted by law.
Questions. If you have any questions or concerns, please contact us.