Privacy Notice – Popcode

Effective Date: November 18, 2022

Welcome! We are Popcode, the app that empowers you to tell your personal stories using
your own scannable images. This Privacy Notice explains how Popcode, Inc. Popcode (“Popcode”, “we”, “us” or “our”) collects, uses, discloses, and otherwise processes Personal Information (as defined below) in connection with our website, popcodeapp.com (the “Site”), our mobile app (the “App”) and the related content, platform, services, and other functionality offered on or through the online services (collectively, with the Site and App, the “Services”). It does not address our privacy practices relating to Popcode job applicants, employees, and other personnel.

What is Personal Information?

When we use the term “Personal Information” in this Privacy Notice, we mean information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, to an individual. It does not include aggregated or deidentified information that is maintained in a form that is not reasonably capable of being associated with or linked to an individual.

Our Collection of Personal Information

Sometimes we collect Personal Information automatically when an individual interacts with our Services and sometimes we collect Personal Information directly from an individual. At times, we may collect Personal Information about an individual from other sources and third parties, even before our first direct interaction.

PERSONAL INFORMATION COLLECTED FROM INDIVIDUALS

We collect the following Personal Information submitted to us directly by individuals:

Contact Information, including name, email address, postal address, company, employer, phone number, newsletter preferences and communication preferences.
Inquiry Information, including information provided in custom messages sent through the forms or contact information provided on our Services.
Demo Information, including contact information and any other information you provide to us in connection with a product or service demo.
Payment Information. If you make a purchase or sign up for one of our Services requiring payment (i.e., subscription), we collect the information provided in connection with such payment. Please note that we use third party payment processors, including through the Apple and Google Play stores and Stripe, to process credit card payments made to us. As such, we do not retain any personally identifiable financial information in connection with credit card payments, such as credit card numbers. Rather, all such information is provided directly by you to our third-party processor. The payment processor’s use of your Personal Information is governed by their privacy notice. To view Stripe’s privacy policy, please click here.

Event and Webcast Information, including registration information, call-in details, attendee badge information, and contact information.
Survey, Contests, Sweepstakes and Promotional Information, including information provided in any questions submitted through surveys, or content of any testimonials. If you fill out any forms or participate in Popcode contests, sweepstakes, or other promotional events, we may collect your contact information (such as your name, email, and phone number, postal code) and any other information requested on the form, at sign up, or a part of your competition entry, including photos/videos (each, as applicable). On occasion, we may also collect your shipping and billing information, such as if you are a competition winner or purchase our products or services (where available). If you are a promotional partner, we may also collect your Personal Information including your name, company email, and company address.
Business Representative Contact Information, including your name, company contact information (e.g. email, phone number, postal address), job title, and any other information you provide.
Information Collected Through the Use of the Services, including any files, documents, videos, images, data, or information you choose to upload or transmit through your communications with us or your use of the Services, including the unique Popcode(s) generated through your use of the Services (collectively, “User Content”). With your permission, we will collect content from the device you use to access our Services, such as photos, audio files, and videos from your device camera role or through your device’s camera or microphone. For more information on how to withdraw your permission(s), please see the “Your Choices” section below. User Content and any information contained in the User Content, including Personal Information you may have included, is stored and collected as part of the Services. We use the User Content to provide you with the Services.
Address Book Information. With your permission, we may access your contact list available on your mobile device or your email accounts, or you may choose to provide your friends’ contact information manually, so that you can send invitations or special content to your friends. When communicating with your friends, we may include your name and photo in order to let them know that you are the person extending the invitation or sending the message. With your permission, we may also send reminder emails to your friends on your behalf, which may also include your name and photo, and enable you to send invitations to your friends via email or SMS/text. We may retain your friends’ email addresses to let you know when the recipient received a media file, a Popcode, referral code, gift card or other communication from us.
Testimonial and Feedback Information. We may also collect feedback, testimonials, and ratings you provide relating to our products and services which may include your photos or other media. We may make this information public. We use this information to communicate with you, to conduct market research, to inform our marketing and advertising activities, and to improve and grow our business.

PERSONAL INFORMATION AUTOMATICALLY COLLECTED

General. As is true of many digital properties, we and our third-party partners may automatically collect certain information from or in connection with your device when visiting or interacting with our Services, such as the list below and in the sub-sections here:

Device data, including internet protocol (IP) address, operating system, device type and version, browser type and version, browser id, the URL entered and the referring page/campaign, date/time of visit, other user agent string data, the time spent on our Services, and any errors that may occur during the visit to our Services). Device data may overlap with the other categories of data below.
Analytics data, including the path taken to our Services, through our Services, and when exiting our Services, usage and activity on or in connection with our Services, metrics on how many emails we send are actually opened and which attachments or links are opened, clicked, or viewed (such as via pixels, as described further below).
Location data (such as precise or coarse geographic location we or our third-party providers may collect, such as via permissions within app operating system or browser functionality).
Advertising/Advertising Measurement Data, including data associated with your view of, or click on, advertisements served on our Services, cookie IDs or other digital or proprietary identifier (e.g., iOS IDFA, Google AAID) assigned to such device, and device metadata, analytics data, and location data described above, in each case, for purposes of serving advertising (personalized or otherwise) or facilitating advertising measurement/attribution to better optimize or otherwise understand the effectiveness of ad campaigns.
- For more information on our and third-party partners’ data collection and online advertising practices, please see the “Third Party Data Collection and Online Ads” section of this Privacy Notice.

Note that we and our third-party partners may combine information that each of us collects automatically with other information about you, including information you choose to provide.

Cookies and Other Tracking Technologies. We and our third-party providers may use cookies that our Sites and other online services use to store information about users on the users’ computers and other tracking technologies, such as web beacons, pixels, SDKs, scripts, location-identifying technologies, and logging technologies to automatically collect the Personal Information described in this section (and otherwise expanded upon in other sections). See the “Your Choices” section below to learn more about how you may limit or disable cookies or certain other tracking technologies on your device.

PERSONAL INFORMATION FROM THIRD PARTIES

We also obtain Personal Information from third parties; which we often combine with Personal Information we collect either automatically or directly from an individual.

We may receive the same categories of Personal Information as described above from the following third parties:

Our Affiliates: We may receive Personal information from other companies and brands owned or controlled by Popcode, and other companies owned by or under common ownership as Popcode.
Your Employer / Company: If you engage in our Services through your employer or company, we may receive information from the company such as name and contact information.
Other Users or Individuals who Interact with our Services: We may receive your information from other users or other individuals who interact with our Services, including users who submit media files to the Services that contains your information.
Social Media: When an individual interacts with our Services through various social media networks, such as when someone “Likes” us on Facebook or follows us or shares our content on Google, Facebook, Twitter, or other social networks, we may receive some information about individuals that they permit the social network to share with third parties. The data we receive is dependent upon an individual’s privacy settings with the social network. Individuals should always review and, if necessary, adjust their privacy settings on third-party websites and social media networks and services before sharing information and/or linking or connecting them to other services.
Service Providers: Our service providers that perform services solely on our behalf, such as survey and marketing providers, collect Personal Information and often share some or all of this information with us.
Information Providers: We may from time to time obtain information from third-party information providers to correct or supplement Personal Information we collect. For example, we may obtain updated contact information from third-party information providers to reconnect with an individual.
Publicly Available Sources: We collect Personal Information about individuals that we do not otherwise have, such as contact information and interest-in-services information, from publicly available sources. We may combine this information with the information we collect from an individual directly. We use this information to contact individuals, to send advertising or promotional materials or to personalize our Services and to better understand the demographics of the individuals with whom we interact.

Our Use of Personal Information

We may use Personal Information we collect to:

Fulfill or meet the reason the information was provided, such as to fulfill our contractual obligations, to deliver the Services an individual has requested and to process transactions;
Manage our organization and its day-to-day operations;
Communicate with individuals, including via email and social media;
Request individuals to complete surveys about our organization, organizations we partner with, and Services;
Facilitate participation in sweepstakes, contests, and other promotions;
Market our Services to individuals, including through email, direct mail, and social media;
Register individuals for and provide them access to events, webcasts, and product demos;
Administer, improve and personalize our Services, including by recognizing an individual and remembering their information when they return to our Site;
Facilitate customer benefits and services, including customer support through our command center services;
Identify and analyze how individuals use our Services;
Conduct research and analytics on our customer base and our Services;
Improve and customize our Services to address the needs and interests of our customer base and other individuals we interact with;
Test, enhance, update and monitor the Services, or diagnose or fix technology problems;
Help maintain the safety, security and integrity of our property and Services, technology assets and business;
Facilitate corporate business transactions, such as a merger, acquisition, joint venture, or financing or sale of company assets, or in the event of insolvency, bankruptcy or receivership;
Defend, protect or enforce our rights or applicable contracts and agreements;
Prevent, investigate or provide notice of fraud or unlawful or criminal activity; and
Comply with legal obligations.

Where an individual chooses to contact us, we may need additional information to fulfill the request or respond to inquiries. We may provide additional privacy disclosures where the scope of the inquiry/request and/or Personal Information we require fall outside the scope of this Privacy Notice. In that case, the additional privacy disclosures will govern how we may process the information provided at that time.

Our Disclosure of Personal Information

We disclose Personal Information in the following ways:

Affiliates. We may share Personal Information with other companies owned or controlled by Popcode, and other companies owned by or under common ownership as Popcode, which also includes our subsidiaries (i.e., any organization we own or control) or our ultimate holding company (i.e., any organization that owns or controls us) and any subsidiaries it owns, particularly when we collaborate in providing the Services.
Your Employer / Company: If you engage in our Services through your employer, or company, we may disclose your information to your employer or the company such as name and contact information.
Survey, Sweepstakes, Contests, and Promotions Providers: We share Personal Information with third parties who assist us in delivering our survey offerings and processing the responses, sweepstakes, contests, and other promotions.
Marketing and Advertising Providers: We coordinate and share Personal Information with our marketing and advertising providers in order to communicate with individuals about the Services we make available and advertise our products and services to individuals.
Customer Service and Communication Providers: We share Personal Information with third parties who assist us in providing our customer services and facilitating our communications with individuals that submit inquiries.
Printing and Postal Services Providers: We share Personal Information with our printing and postal services providers who assist us in printing and sending the printed Popcodes and related media to our customers and other recipients.
Other Service Providers: In addition to the third parties identified above, we engage other third-party service providers that perform business or operational services for us or on our behalf, such as website hosting, infrastructure provisioning, IT services, analytics services, and administrative services.
Other Businesses as Needed to Provide Services: We may share Personal Information with third parties that an individual engages with through our Services or as needed to fulfill a request or transaction.
Business Partners: From time to time, we may share Personal Information with our business partners or we may allow our business partners to collect Personal Information. Our business partners will use Personal Information for their own business and commercial purposes, including to send individuals any information about their products or services that may be of interest to such individuals.
Business Transaction or Reorganization: We may take part in or be involved with a corporate business transaction, such as a merger, acquisition, joint venture, or financing or sale of company assets. We may disclose Personal Information to a third party during negotiation of, in connection with or as an asset in such a corporate business transaction. Personal Information may also be disclosed in the event of insolvency, bankruptcy or receivership.
Legal Obligations and Rights: We may disclose Personal Information to third parties, such as legal advisors and law enforcement:
- in connection with the establishment, exercise, or defense of legal claims;
- to comply with laws or to respond to lawful requests and legal process;
- to protect our rights and property and the rights and property of others, including to enforce our agreements and policies;
- to detect, suppress, or prevent fraud;
- to protect the health and safety of us and others; or
- as otherwise required by applicable law.
Otherwise with Consent or Direction: We may disclose Personal Information about an individual to certain other third parties or publicly with their consent or direction. For example, with an individual’s consent or direction we may post their testimonial on our Site or service-related publications.

In connection with any of the above, we may share information with others in an aggregated or otherwise anonymized form that does not reasonably identify an individual.

Third Party Data Collection and Online Ads

General. We participate in interest-based advertising and use third-party advertising companies to serve you targeted advertisements based on personal information and to measure the effectiveness of those ads. We permit third-party online advertising networks or exchanges (or other entities, such as demand-side or sell-side platforms or ad servers), measurement/attribution companies, ad fraud companies, social media companies, and other third-party services to collect information about your use of our online services so that they may display ads on our Services, on other websites or services you may use, and on other devices you may use. Typically, though not always, the information used for interest-based advertising is collected through tracking technologies, such as cookies, web beacons, embedded scripts, location-identifying technologies, and similar technology, which recognize the device you are using and collect information, including clickstream information, browser type, time and date you visited the Sites, mobile ad ID or other digital identifier (e.g., iOS IDFA, Google AAID, cookie ID, click ID, other proprietary IDs such as open source “universal IDs” or other ID solutions) precise or coarse geolocation, and other information. We may share a common account identifier (such as a hashed email address or user ID) with our third-party advertising partners to help identify you across devices. We and our third-party partners use this information to make the advertisements you see online more relevant to your interests, as well as to provide advertising-related services such as reporting, analytics, market research, and measurement/attribution. We may also use services provided by third parties (such as social media platforms) to serve targeted ads to you and others on such platforms. For example, we may do this by providing your email address (typically in hashed format) or other information (such as phone number, which also is typically provided in hashed format) to the platform provider, such as via API, direct file upload, server-to-server transfer, or integrating the tracking technologies of those platform providers (e.g., pixel). Please see the “Your Choices” section below to learn how you can opt out of interest-based advertising.

Social Media Platforms and Advertising. Our Services may include social media features, such as the Facebook “Like” button, Pinterest, Instagram, Twitter, or other widgets. These social media companies may recognize you and collect information about your visit to our Services, and they may set a cookie or employ other tracking technologies. Your interactions with those features are governed by the privacy policies of those companies.

We display targeted advertising to you through social media platforms, such as Facebook, Twitter, Instagram, LinkedIn, and other social media forums. For example, these companies have interest-based advertising programs that allow us to direct advertisements to users who have shown interest in our services while those users are on the social media platform, or to groups of other users who share similar traits, such as likely commercial interests and demographics. As mentioned in the section above, we may share a unique identifier, such as a user ID or hashed email address or phone number, with these platform providers or they may collect information from our website visitors through a pixel (or other mechanism, such as API, direct file upload, or server-to-server integration), in order to direct targeted advertising to you or to a custom audience on the social media platform. These advertisements are governed by the privacy policies of those social media companies that provide them. If you do not want to receive targeted ads on your social networks, you may be able to adjust your advertising preferences through your settings on those networks.

Your Choices

An individual may control their information in the following ways:

Access to Device Information: You may control the Services’ access to your device information through your “Settings” app on your device. For instance, you can withdraw permission for the Services to access your network devices and geolocation and to integrate with your other applications such as your camera app or photos app.
Email Communications Preferences: You can stop receiving promotional email communications from us by clicking on the “unsubscribe” link provided in such communications. You may not opt-out of service-related communications (e.g., transactional communications, changes/updates to features of the Services, technical and security notices).
Push Notifications: You can stop receiving push notifications from us by changing your preferences in the iOS or Android notifications settings menu.
Modifying or Deleting Your Information: If you have any questions about reviewing, modifying, or deleting your information, you can contact us directly at privacy@popcodeapp.com. We may not be able to modify or delete your information in all circumstances.
Cookies and Other Data Collection Technologies: To manage cookies, an individual may have the ability to change their browser settings to (for example): (i) notify them when they receive a cookie, so the individual can choose whether or not to accept it; (ii) disable existing cookies; or (iii) automatically reject cookies (or certain types of cookies, such as cookies set by third parties). Note that similar controls may exist for other tracking technologies, such as pixels, SDKs, and localStorage. Please check your device or browser settings and related documentation for more information.

Further, note that restricting the use of these technologies might negatively impact an individual’s experience using our Services, as some features or offerings may be less personalized or may not work as otherwise intended. Depending on an individual’s device and operating system, the individual may not be able to delete or block all cookies or other tracking technologies described in this Privacy Notice. In addition, if an individual wants to reject cookies across all browsers and devices, the individual will need to do so on each browser and device they use. An individual may also have options within their email client to prevent the automatic downloading of images that may contain technologies that would allow us to know whether they have accessed our email and performed certain functions with it.

Our Site uses Google Analytics, a web analytics service provided by Google LLC (“Google”), to collect and view reports about the traffic on our Site. More information about the use of Google Analytics for these analytical and non-advertising purposes can be obtained by visiting Google’s privacy policy here and Google’s currently available opt-out options are available here.

Online Ads: To learn more about interest-based advertising and how you may be able to opt-out of some of this advertising (to the extent the advertising partner or other entity participates in such industry opt-out pages), you may wish to visit the Digital Advertising Alliance’s (DAA) resources or the Network Advertising Initiative’s (NAI) online resources, at www.aboutads.info/choices or http://www.networkadvertising.org/choices/ and you can opt-out of receiving some interest-based advertisements on mobile apps by visiting http://www.aboutads.info/appchoices. You may also be able to opt-out of some — but not all — interest-based advertising served by mobile ad networks by visiting http://youradchoices.com/appchoices and downloading the mobile AppChoices app.

If you want to opt out of receiving online interest-based advertisements on mobile apps, please follow the instructions at http://www.aboutads.info/appchoices.

Please note that when you opt out of receiving interest-based advertisements, this does not mean you will no longer see advertisements from us or on our online services. It means that the online ads that you do see from these self-regulatory program participants should not be based on your interests. We are not responsible for the effectiveness of, or compliance with, any third-parties’ opt-out options or programs, or the accuracy of their statements regarding their programs. In addition, third parties may still use cookies to collect information about your use of our online services, including for analytics and fraud prevention as well as any other purpose permitted under those self-regulatory programs.

Children’s Personal Information

Our Services are not directed to, and we do not intend to, or knowingly, collect or solicit Personal Information from children under the age of 13. If an individual is under the age of 13, they should not use our Services or otherwise provide us with any Personal Information either directly or by other means. If a child under the age of 13 has provided Personal Information to us, we encourage the child’s parent or guardian to contact us to request that we remove the Personal Information from our systems. If we learn that any Personal Information we collect has been provided by a child under the age of 13, we will promptly delete that Personal Information.

Links to Third-Party Websites or Services

Our Services may include links to third-party websites, plug-ins and applications. Except where we post, link to or expressly adopt or refer to this Privacy Notice, this Privacy Notice does not apply to, and we are not responsible for, any Personal Information practices of third-party websites and online services or the practices of other third parties. To learn about the Personal Information practices of third parties, please visit their respective privacy notices.

Region-Specific Disclosures

We may choose or be required by law to provide different or additional disclosures about our data privacy practices depending on your state or country of residence:

If you are a resident of the State of California and have an established business relationship with us, you may have rights to know how your information is disclosed to third parties for their direct marketing purposes under California’s “Shine the Light” law (Civ. Code § 1798.83). To make such a request, please send an email to privacy@popcodeapp.com.
If you are a resident of the State of Nevada, Chapter 603A of the Nevada Revised Statutes permits a Nevada resident to opt out of future sales of certain covered information that a website operator has collected or will collect about the resident. Please contact us at privacy@popcodeapp.com to submit such a request.

Updates to This Privacy Notice

We will update this Privacy Notice from time to time. When we make changes to this Privacy Notice, we will change the date at the beginning of this Privacy Notice. If we make material changes to this Privacy Notice, we will notify individuals in a manner at our discretion, such as via email, by prominent posting on our Services, or through other appropriate communication channels. All changes shall be effective from the date of publication unless otherwise provided.

Contact Us

If you have any questions or requests in connection with this Privacy Notice or other privacy-related matters, please send an email to privacy@popcodeapp.com.