Last Updated: May 25, 2018
This notice is intended to provide you with information about how we, Munkee Apps, Inc. (referred to herein as “we” or “us”), collect, use, and distribute information that you provide to us. We strive to comply with the REGULATION (EU) 2016/679 (General Data Protection Regulation), the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, transfer and retention of your personal data from European Union member countries and Switzerland. Nothing in this notice should be construed as amending, modifying, replacing, or otherwise affecting the terms and conditions of any transactions between you and us, except that to the extent any such terms and conditions are inconsistent with the General Data Privacy Regulations of the European Union and the equivalent rules of the United Kingdom, Switzerland and any other applicable jurisdiction (collectively, the “GDPR”), those terms and conditions are void.
We collect certain information from and about you to understand out users and to improve our products, including but not limited to unique system or hardware identifiers, OS type and version, IP address, time zone, device carrier, location data, and other content contained on your hardware device (“User Data”). This notice will explain what this information is, how it is used, what third parties receive it, who stores it, who has access to it, and how you may instruct us not to collect, retain, or use certain of that information, and how to instruct us to delete this information from our records.
We do not collect any “Sensitive Personal Data” from you, which is personal data relating to your racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership, physical or mental health, or sexual life.
We collect certain non-personal information about you. By “non-personal information,” we mean information about you that cannot be used, and is not stored, in a way that can identify you.
We collect information such as the number of users visiting the Software at any given time, the times during which visitors visit the Software, the length of time that users use the Software, which pages they visit, which products they order, and what other actions they take while on the Software. This information is collected by the Software and is provided in an anonymized form to our data analytics provider, which is Google Analytics provided by Google LLC (the “Data Analytics Provider”). This information is used by us to track the engagement, and headcount of our users. This information is combined together to provide general demographic information on the Software's users. This information is not and cannot be used to identify you specifically.
The Data Analytics Provider is a third party for purposes of the GDPR.
Information that you enter into the mobile applications “InstaSize Photo Picture Editor: Pic Collage Maker & Effects” and “InstaSize Editor: Photo Filters and Collage Maker” (collectively, the “Software”) at the point of account creation, except for your password, will be used to create a customer profile for you. This will include any information that you provide when creating your account, including an email address and other contact information, your name, your username, and address information. We maintain records of our customer profiles to facilitate transactions, enable for quick or automatic logins by customers, for purposes of counting the number of our customer profiles, and so that the Software and we can remember this information for future visits to the Software. You may change this information through your account settings at any time.
We collect information about your location based on your IP address. An IP address is a non-static identifier that allows us to know, in general terms, where our users are located. An IP address is not the same as a physical address, and is not the same as either your shipping address or your billing address. We use your IP address for internal purposes such as knowing the percentage of our users that come from which countries. We do not distribute your IP address to any other person. We do not verify your IP address or connect it to your shipping or billing address for purposes of checkout. Your IP is not used by us to identify you personally. The Web Host will also know your IP address for purposes of logging visits to the Software from your IP address and for preventing distributed denial-of-service attacks.
If you delete your account, we may retain certain of this information for future use, including for counting the number of customer accounts that have been deactivated, unless prohibited by law.
The password that you create for your account is not known to us or anyone else. The Software uses a digital security algorithm to verify your password using servers owned by Amazon.com, Inc. (the “Security Service”), which provides a system for recognizing, rejecting, and remembering your password. Your password is not stored by us. This Security Service does not receive any of your information other than your password in an encrypted form, and the email address you provided at the point of account creation or to which you have changed your account settings. You may change your password or this email address through your account settings at any time.
If you delete your account, your password will be lost. We cannot provide you with your password, though the Security Service may provide tools for changing and retrieving your password.
The Security Service is a third party for purposes of the GDPR.
Your payment information is collected by the Software in an encrypted form and is passed on to our merchant services provided by Apple Inc. via the App Store and/or iTunes Store and Google LLC via the Google Play Store (collectively the “Merchant Services Provider”), for purposes of securing payment between you and us. The Merchant Services Provider only receives information necessary to verify that any payments between you and us are authorized. The Merchant Services Provider will use encrypted tools to communicate with your bank, your credit card provider, PayPal, or whatever other account you use to pay for orders from us. Your credit card information or other payment information is not retained by us except as provided below. We do not maintain records of your credit card number or other payment information per se, except that if your billing address is the same as your shipping address and you instruct the Software to enter the same billing address as your payment address, the Software will use your stored shipping address as your billing address.
The Merchant Services Provider may receive requests from your bank, credit card provider, PayPal, or other payment provider in order to verify your transactions. The Merchant Services Provider may therefore periodically ask us to confirm certain of your order information, which we will provide if we believe that an order has been placed by you.
The Merchant Services Provider is a co-processor for purposes of the GDPR.
We use “web beacons” and other similar technologies. Web beacons (sometimes called transparent GIFs, clear GIFs) are small files that are you communicated to your mobile device so that the Software can remember the selections and inputs you have made from one page to another within the Software. If you do not wish to receive web beacons from the Software, please contact us at the information below and discontinue using the Software. We also use software development kits to enrich the Software and enable the Software to offer advanced functionality. Web beacons and software development kids are provided by Fabric, Crashlytics, Firebase, Inc., Accenture, LLP, and Branch Metrics, Inc. (collectively, the “Software Developer”).
The Software Developer is a third party for purposes of the GDPR.
Some of your personal information is used for sales and marketing purposes, which allows us to offer products or services to you that you may be interested in. Sales and marketing services are provided by Adjust Inc., MoPub, Inc., Millennial Media, InMobi Pte Ltd, and Amazon.com, Inc. (collectively, the “Advertiser”).
The Advertiser is a third party for purposes of the GDPR.
We lease storage space on servers from other companies and some of your personal information may be stored on these servers. Server space is provided by Rollbar, Logentries.com, Inc., Mailchimp, Amazon Web Services, Pingdom, Scoutapp (collectively, the “Storage Provider”).
The Storage Provider is a third party for purposes of the GDPR.
The contact information for the Data Analytics Provider is:
Google LLC:
Keith Enright
Director, Privacy Legal
Google LLC
Google Data Protection Office
1600 Amphitheatre Pkwy
Mountain View, California 94043
Email: data-protection-office@google.com
Phone: 1-650-253-0000
Fax: 1-650-618-1806
The contact information for the Security Service is:
Amazon.com, Inc.:
William Way
Associate General Counsel, Privacy
Amazon.com, Inc.
2021 Seventh Avenue
Seattle, Washington 98121
Email: privacyshield@amazon.com
Phone: 1-206-266-1000
Fax: 1-206-266-7010
The contact information for the Shipping Service will vary depending on the shipper that you select at the point of checkout and is provided on each order confirmation. If you do not wish us to provide your information to any Shipping Service, please contact us directly at the information below.
The contact information for the Merchant Services Provider is:
Google Play Store via Google LLC:
Keith Enright
Director, Privacy Legal
Google LLC
Google Data Protection Office
1600 Amphitheatre Pkwy
Mountain View, California 94043
Email: data-protection-office@google.com
Phone: 1-650-253-0000
Fax: 1-650-618-1806
iTunes Store via Apple Inc.:
Apple Inc.
1 Infinite Loop
Cupertino, California 95014
Phone: 1-800-275-2273
The contact information for the Software Developer is:
Fabric/Crashlytics/Firebase, Inc. via Google LLC:
Keith Enright
Director, Privacy Legal
Google LLC
Google Data Protection Office
1600 Amphitheatre Pkwy
Mountain View, California 94043
Email: data-protection-office@google.com
Phone: 1-650-253-0000
Fax: 1-650-618-1806
Accenture, LLP:
161 North Clark Street
Chicago, Illinois 60601
Phone: 312-693-0161
Fax: 312-693-0507
Branch Metrics, Inc.:
Mike Molinet
COO
Branch Metrics, Inc.
Branch HQ
2443 Ash Street
Palo Alto, California 94306
Email: privacy@branch.io; mike@branch.io
Phone: 1-651-788-6176
Adjust Inc.:
Veronica Gattner
Legal Counsel
Adjust Inc.
500 Montgomery Street, San Francisco, CA 94111
500 Montgomery Street, Suite A
San Francisco, California 94111
Email: veronica@adjust.com
Phone: 1-749-378212
The contact information for the Storage Provider is:
Rollbar:
Brian Rue
CEO
Rollbar
221 Main St Suite 780 San Francisco, CA 94105
51 Federal Street Suite 401
San Francisco, California 94107
Email: brian@rollbar.com
Phone: 1-888-568-3350
Logentries.com, Inc. via Rapid7, Inc.:
Amy Bruce
Counsel
Rapid7, Inc.
100 Summer St., 13th Floor
Boston, Massachusetts 02110
Email: amy_bruce@rapid7.com
Phone: 1-617-247-1717
Mailchimp via The Rocket Science Group LLC:
Scott Culpepper
General Counsel
The Rocket Science Group LLC
675 Ponce De Leon Ave NE, Suite 5000
Atlanta, Georgia 30308
Email: legal@mailchimp.com
Phone: 1-404-806-5843
Amazon Web Services via Amazon.com, Inc.:
William Way
Associate General Counsel, Privacy
Amazon.com, Inc.
2021 Seventh Avenue
Seattle, Washington 98121
Email: privacyshield@amazon.com
Phone: 1-206-266-1000
Fax: 1-206-266-7010
Pingdom via SolarWinds Worldwide, LLC:
Pingdom
11th Floor
Jakobsbergsgatan 22
111 44 Stockholm, Sweden
Email: privacy@solarwinds.com
Phone: 1-802-242-4077
Scoutapp via Zimuth, Inc.:
Scout
320 East Vine Drive, Suite 221
Fort Collins, Colorado 80524
Email: support@scoutapp.com
You have the right to access the personal information that we collect about you, to correct or amend such information, and to instruct us to delete any and all of such information that we, the Software, or any of the third parties collect about you. You also have the right to have your personal information ported to you or to a new provider in certain circumstances. For requests for access, correction, amendment, porting or deletion of your information, please contact us at the information listed below. Before we can disclose any personal information, you must provide adequate information to us to verify your identity and ownership of your account, and we may require that these requests be made from the email address registered to your account.
Our contact information is:
David Gustin
Data Protection Officer, Legal
GDPR Compliance Department
Munkee Apps, Inc.
11650 South State Street, Suite 103
Draper, Utah 84020
Email: gdpr@instasize.com
Phone: 1-801-712-1122
We have committed to resolve complaints about your privacy and our collection or use of your personal data. If you have an inquiry or complaint regarding this General Data Protection Regulation Notice and Privacy Shield Policy, you should contact us at the information listed above or by email at gdpr@instasize.com.
We have also committed to take steps to ensure that your our employees’ access to your personal information is limited to those employees who need to know the relevant personal information and that all such employees are subject to confidentiality restrictions and/or professional or statutory confidentiality restrictions.
We have also committed to refer unresolved privacy complaints under the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks to an independent dispute resolution mechanism, the International Centre for Dispute Resolution which is a division of the American Arbitration Association (ICDR-AAA). If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit http://go.adr.org/privacyshield.html for more information and to file a complaint.
Under certain conditions detailed in the Privacy Shield Framework, you may be able to invoke binding arbitration before the Privacy Shield Panel to be created by the U.S. Department of Commerce and the European Commission.
We agree to periodically review and verify our compliance with the Privacy Shield Framework to comply with applicable laws and that our Privacy Shield self-assessment will be verified and signed by our data protection officer at least once per year.