REVISED AND POSTED AS OF: MARCH 14, 2012.
VMIX Media, Inc., doing business as “Givit”, is committed to protecting your privacy and ensuring you have a positive experience on our websites and in using our Givit™ video hosting and sharing service (“Service”).
This Privacy Statement contains the following sections:
What this Privacy Statement Covers
This Privacy Policy provides our policies and procedures for collecting, using, and disclosing your information. Users can access the Givit service through our website www.givit.com and applications on Devices. A “Device” is any computer used to access the Givit Service, including without limitation a desktop, laptop, mobile phone, tablet, or other consumer electronic device. This Privacy Policy governs your access of the Givit Service, regardless of how you access it, and by using our Services you consent to the collection, transfer, processing, storage, disclosure and other uses described in this Privacy Policy. All of the different forms of data, content, and information described below are collectively referred to as “information.”
This Givit Privacy Statement is applicable worldwide and covers how Givit treats personal information collected by us through our websites, through the Service, and offline. This policy is consistent with Givit’s Safe Harbor Privacy Policy for transfers of personal information from the European Economic Area and from Switzerland to the United States. It does not apply to those sites that do not display or link to this Privacy Statement or that have their own privacy statements. Please read the Givit Privacy Statement below and those privacy statements of all the websites you visit.
Collection of Your Personal Information
We will always tell you before we collect any Personal Information from you and will inform you of the purpose of the collection. “Personal Information” is any information that can be used to identify an individual, and may include, but is not limited to, name, email address, postal or other physical address, credit or debit card number, title, occupation, and other information required to provide the Services, or carry out a transaction that you have requested. You may also provide us with your contacts’ email addresses when sharing folders or files with them and we will assume that you have the third party’s permission to provide us the information and have no liability or responsibility for any such transfer. You may also ask us to import your contacts by giving us access to your third party services (for example, your email account) or to use your social networking information if you give us access to your account on social network connection services. This information is only collected and used for the purpose it was intended and provided in this Privacy Policy.
Some of the reasons we collect your Personal Information include:
You may elect to provide Personal Information when sharing your videos or other content using the Service. If you do not provide the requested Personal Information, you may not be able to access or use the particular Service where such information is required. [Registration is required to use the Service.]
The Service allows you to share content and personal messages you upload with others by generating messages directly to those other individuals. To use this feature, we require you provide us with a valid email address for each recipient. We use these email addresses only to share your content and personal messages (at your direction) and to send an automatic warning if such content is set to expire within our system. Those recipients may, at any time, elect to discontinue receipt of these emails by writing to us at remove@givit.com or by following the instructions to unsubscribe included near the end of each such email message.
Files. We collect and store the files you upload, download, or access with the Givit Service (“Files”). If you add a file to your Givit account that has been previously uploaded by you or another user, we may associate all or a portion of the previous file with your account rather than storing a duplicate.
Log Data. When you use the Service, we automatically record information from your Device, its software, and your activity using the Services. This may include the Device’s Internet Protocol (“IP”) address, browser type, the web page visited before you came to our website, information you search for on our website, locale preferences, identification numbers associated with your Devices, your mobile carrier, date and time stamps associated with transactions, system configuration information, metadata concerning your Files, and other interactions with the Service, which will enable us to analyze and better customize your visits. We may use this information for traffic analysis or e-commerce analysis of our Service, to determine which features within the Service are most or least effective or useful to you. In addition, we may periodically transmit system information (such as what type of graphic card is being used) to our servers in order to optimize your video playback experience.
Cookies. We also use “cookies” to collect information and improve our Service. A cookie is a small data file that we transfer to your Device. We may use “persistent cookies” to save your registration ID and login password for future logins to the Service. We may use “session ID cookies” to enable certain features of the Service, to better understand how you interact with the Service and to monitor aggregate usage and web traffic routing on the Service. You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you may not be able to use all aspects of the Service.
Service software is updated from time to time to provide additional features, address technical issues, and generally make your user-experience better. When you upgrade your Service software, we may collect information from your Device regarding what kind of computer you have, how frequently the software encounters errors on your system, and other related information.
If you use the Service to upload videos to third-party websites or tools, they are outside our control and not covered by this Givit Privacy Statement. We encourage you to review the privacy statements posted on those third party websites.
Payment Information. If you subscribe to a Premium Subscription, we will request certain Personal Information in order to process your subscription payments.
Uses of Your Personal Information
We will only use your Personal Information in the way we specified when it was collected. We will not subsequently change the way your Personal Information is used without your consent. Some of the ways we may use your Personal Information include to:
We collect some information (ourselves or using third party services) using logging and cookies, which can sometimes be correlated with Personal Information. We use this information for the above purposes and to monitor and analyze use of the Service, for the Service’s technical administration, to increase our Service’s functionality and user-friendliness, and to verify users have the authorization needed for the Service to process their requests.
We need your help in keeping your Personal Information accurate and up to date. Please notify us of any changes to your Personal Information. You have the ability to view or edit your Personal Information online by signing into your user online account at https://i.givit.com/user/profile_edit. In order to help prevent your Personal Information from being viewed by others, you will be required to sign in with your credentials (for example, email address and password). You may also make these updates or request deactivation of your online account by sending an email to remove@givit.com. We may retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. Consistent with these requirements, we will try to delete your information quickly upon request, but please note, however, that deleting your information may take up to 2 weeks, and there might be latency in deleting information from our servers and backed-up versions might exist after deletion. In addition, we do not delete from our servers files that you have in common with other users. Files you have uploaded to the Service will be accessible through the effective date of termination, subject to the total storage limit available under your active Subscription(s) at the time of cancellation, unless you purge those files from your account prior to termination.
Some Givit websites or Service may collect Personal Information that is not accessible via the links above. However, in such cases, you may be able to access that information through alternative means of access described by the Service.
Sharing Your Personal Information
Please note that if you choose to use the Service to share your personal videos or other content with your friends or family members and they post your share invitation on a website or forward to other individuals, these videos along with your email address and original message may be accessible to others who view the email invitation or visit these websites.
We have no control over, and are not responsible or liable for, the privacy of any content that you have shared with others. Even after you remove information from the Service or deactivate your account, copies of that information may remain viewable elsewhere to the extent it has been shared with others.
We do not sell, rent, share or trade your Personal Information to third parties for marketing purposes unless you have granted us permission to do so.
We may share your Personal Information within Givit for purposes of data processing or storage.
We may also share your Personal Information with business partners, service vendors, authorized third-party agents or contractors in order to provide a requested service or transaction, including processing and shipping orders, processing credit card transactions, hosting websites, hosting event and seminar registration and providing customer support. For example, if you subscribe to a Premium Subscription, we will pass your credit card information to a third party credit card payment processor, and we will not retain any credit card information. We only provide these third parties with the minimum amount of Personal Information necessary to complete/provide the requested service or transaction, and the third parties are not permitted to use your Personal Information except for the limited purpose of completing/providing the requested service or transaction. As of the date this policy went into effect, we use Amazon’s S3 storage service to store some of your information (for example, your Files). You can find more information on Amazon’s data security from the S3 site.
We may respond to subpoenas, court orders, or legal process by disclosing your Personal Information and other related information, if necessary. We also may choose to establish or exercise our legal rights or defend against legal claims and use your Personal Information in this regard as appropriate.
We may collect and possibly share Personal Information and any other additional information available to us when we have a good faith belief that disclosure is reasonably necessary to investigate, prevent, or take action regarding illegal activities, suspected or potential fraud, brand protection matters (such as use of Givit’s trademark without a license), situations involving potential threats to the physical safety of any person, violations of Givit’s terms of use, or as otherwise required by law. If we provide your Givit files to a law enforcement agency as set forth above, we will remove Givit’s encryption from the files before providing them to law enforcement. However, Givit will not be able to decrypt any files that you encrypted prior to storing them on Givit.
If we are involved in a merger, acquisition, or sale of all or a portion of our assets, your information may be transferred as part of that transaction, but we will notify you (for example, via email and/or a prominent notice on our website) of any change in control or use of your Personal Information or Files, or if either become subject to a different Privacy Policy. We will also notify you of choices you may have regarding the information.
We may disclose your non-private, aggregated, or otherwise non-personal information, such as usage statistics of our Service.
While navigating our websites or Service you may be directed to content or functionality that is hosted by a third-party supplier. This may be done to host special events, such as contests. When information is collected on behalf of Givit exclusively, this Givit Privacy Statement will be referenced on the website and will govern how your information is used. For other, non-Givit websites, the website owner’s privacy statement will be referenced. Through certain features of the Service, you may also have the ability to make some of your information public. Public information may be broadly and quickly disseminated.
We will ask for your consent before we use or share your information for any purpose other than the reason you provided it or as otherwise provided by this Givit Privacy Statement. To let us know your preferences, we will require an action on your part, such as checking the appropriate option, to indicate your consent.
Communication Preferences
Each promotional email from us includes instructions on how you can unsubscribe from that particular mailing. You may also unsubscribe from various promotional communications by sending a message using the contact information below. Please be sure to include your name, email address and specific relevant information about the material that you no longer wish to receive to: VMIX Media, Inc., Legal Department, 12707 High Bluff Dr., Suite 350, San Diego, CA 92130, USA; Email: privacy@givit.com.
These choices do not apply to the receipt of mandatory service communications that are considered part of the Service, which you may receive periodically unless you cancel the Service in accordance with its terms and conditions.
Non-personal/Anonymous Information Collection
In some instances, Givit may collect non-personal (aggregate or demographic) data through cookies, web logs, and web beacons. This information is used to better understand and improve the usability, performance, and effectiveness of the website and/or our Solutions. Please read the “Cookies” section above for more information.
In addition, by using our Service, anonymous network information may be transmitted back to us such as: the health of the Service and types of devices attached to the network. With this information we can determine how users are interacting with the Service, to assist us with improving it, and to provide alerts via the Service of available software updates/upgrades.
Security of Your Personal Information
VMIX is committed to protecting the Personal Information you share with us, including your personal videos and other content. When we transfer sensitive personal data (for example, your videos, credit card information, etc.) over the Internet, we protect it using Secure Sockets Layer (SSL) encryption technology.
We utilize a combination of industry-standard security technologies, procedures, and organizational measures to help protect your Personal Information from unauthorized access, use or disclosure. However, no method of transmission over the Internet, or method of electronic storage is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its security.
We recommend you to take every precaution in protecting your Personal Information when you are on the Internet. For example, change your passwords often, use a combination of letters and numbers when creating passwords, and make sure you use a secure browser. If you have any questions about security on our website, you can view our Security Overview Page or contact us at security@givit.com.
Linked Websites
Our websites and Service may provide links to other third-party websites and services which are outside our control and not covered by this Givit Privacy Statement. Please be aware that we are not responsible for the privacy practices of such other sites. We encourage you to review the privacy statements posted on these (and all) sites you visit.
Forums/Chat Rooms
If you participate in a discussion forum or chat room on a Givit website, you should be aware that the personal and other information you provide there will be made broadly available to others, and can be read, collected or used by other users of these forums, potentially inside or outside Givit, who have access to that discussion forum or chat room. This personal information collected could also be used to send you unsolicited messages. Also, please recognize that individual forums and chat rooms may have additional rules and conditions. Each participant’s opinion on a forum or chat room is his or her own and should not be considered as reflecting the opinion of Givit. We are not responsible for the Personal Information or any other information you choose to submit in these forums.
We post customer testimonials/comments/reviews which may contain personal information including name, title and photograph. We do obtain the customer’s consent via email prior to posting the testimonial to post their name along with their testimonial.
Children’s Privacy
Our Service is not directed to persons under the age of 13 years. Givit does not knowingly collect Personal Information from children under the age of 13. If we learn that we have collected Personal Information on a child under the age of 13, we will delete that data from our systems. Givit encourages parents and guardians to go online with their children. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us at privacy@givit.com. Here are a few tips to help make a child’s online experience safer:
Please visit the FTC’s website for more tips on protecting children’s privacy online.
Consent to Transfer, Processing and Storage of Personal Information
We may transfer your Personal Information to Givit, or to third parties acting on our behalf, for the purposes of processing or storage, and by providing any Personal Information to us you fully understand and unambiguously consent to the transfer, processing and storage of such information.
Your California Privacy Rights
Residents of the State of California, under California Civil Code § 1798.83, have the right to request from companies conducting business in California a list of all third parties to which the company has disclosed Personal Information during the preceding year for direct marketing purposes. Alternatively, the law provides that if the company has a privacy policy that gives either an Opt-out or Opt-in choice for use of your Personal Information by third parties (such as advertisers) for marketing purposes, the company may instead provide you with information on how to exercise your disclosure choice options.
Givit qualifies for the alternative option. We have a comprehensive privacy statement, and provide you with details on how you may either Opt-out or Opt-in to the use of your Personal Information by third parties for direct marketing purposes. Therefore, we are not required to maintain or disclose a list of the third parties that received your Personal Information for marketing purposes during the preceding year.
If you are a California resident and request information about how to exercise your third party disclosure choices, you must send a request to privacy@givit.com.
We value your opinions. Should you have any privacy-related questions or comments related to this Givit Privacy Statement, please send an email to privacy@givit.com.
Updates to this Givit Privacy Statement
Givit may update this privacy statement at any time, so please review it frequently. We will post a notice to this policy and the home page link whenever this privacy statement is materially changed so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. Your continued use of the Service and/or any Givit website after any change will signify and confirm your assent to those changes.
When you use the Givit Service, you are subject to the applicable end user license agreement and terms of use.