Legal
Action Face

Action Face Privacy Policy

Last updated 02.01.2021

The Action Face mobile app and customizer site (“App“) allows people to create and purchase a custom 3D-printed figurine or digital avatar of themselves (“Services”) by taking a 3D capture with their mobile phone. In order to provide the App and our services, we collect personal information. Your privacy is important to us, which is why we created this Privacy Policy to inform you of what information we collect, how we use it, and who we share it with.

This Privacy Policy covers our App, our corporate website (“Site”) and any other websites, products, software, applications, content, data feeds and other services on which an authorized link to this Privacy Policy is posted (collectively, the “Platform”). The Platform is operated by or on behalf of Action Face, Inc.

If you have any questions, comments, or concerns regarding this Privacy Policy and/or our data practices, please contact us:

By mail at
Action Face, Inc, 1400 Shattuck Ave Ste 12, Berkeley, CA 94709

By email at
privacy@actionface.app

Children’s Privacy

You must be at least 13 years old to have our permission to use the Platform and our Services. We do not knowingly collect, use or disclose personal information from visitors under 13 years of age. If you are under the age of 13, you can use the Platform only in conjunction with your parent’s or guardian’s permission.

Changes to This Privacy Policy

We may update this Privacy Policy from time to time. If we make material changes to this Privacy Policy, we will post our updated Privacy Policy to the Site where applicable, and for a reasonable period of time we will post notice of the change so it is visible to visitors and users after the change is posted. By your continued use of the Site and/or Services, you will be deemed to consent to the terms of the revised Privacy Policy.

Information You Provide When You Use the Platform

“Personal Information” means any information relating to a natural person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, contact information, a photograph, facial geometry, , or an IP address.

The personal information that we collect and process in connection with the Platform and our Services broadly falls into the following categories. We collect personal information directly from you when you provide it to us, such as when you use the Services or contact us for more information about our Services. We also collect information indirectly through automated technologies, such as cookies, or from third parties who assist us with our business operations.

Personal Information You Provide to Us

Information Collected on our Site

On our Site, we provide information regarding our company, press information and other general information. We will ask for your email address if you request a demo, sign up for an account, or if you would like to partner with us. We do not provide our Services on the Site. As such, the parts of this Privacy Policy that discuss our Services are not applicable to the Site.

App and Customizer Site

When you download the App, we do not collect any information. However, once you use our Services, we will collect personal information.

If you choose to use our customizer in order for us to provide our Services, you will be asked to provide your email address. After you provide this information, we may upload one or more photographs stored on your mobile device and you will be redirected to the customizer site where you may customize your Action Face avatars and figurines. If you decide to purchase a custom 3D-printed figurine or an avatar, you will need to provide payment information, which is processed by our third-party PCI-compliant payment service provider (see Payment Processing) as well as the address to which you would like us to ship the custom 3D-printed figurine.

Note that when you perform a scan in order to receive the Services, Action Face technology will obtain facial geometry in order to create your customized figurine or avatar. In order to receive the Services, you must also consent to our use of your photograph for purposes of obtaining facial geometry, which is considered “biometric information”, as described in our Biometric Information Privacy Policy

Additional Personal Information You Provide When Using the Platform

In addition, Action Face collects and processes personal information from you directly for other reasons, for instance, when you contact or send communications to us. If you report a problem or submit questions, concerns or comments regarding the Platform and/or the Services, we may collect contact information such as your email address and other important information about your inquiry or concern. This information is used to respond to your communications and fulfill your requests.

Personal Information We Collect Indirectly

Automatically-Collected Information

If you are visiting the Platform, we automatically collect information about the computer or devices (including mobile devices) you use to access the Platform, through cookies and other automated technologies, as explained below in Cookies and Automated Technologies. For example, we collect and store information such as your IP address, device type, unique device identification number, browser-type, broad geographic location (e.g., country or city-level location) and other technical information. We also collect information about how your device has interacted with our Platform.

Collecting this information enables the Platform to work. It also enables us to better understand the visitors who come to the Platform and what content may be of interest to them. We use this information for analytics purposes and to improve the quality and relevance of our Platform to our visitors and users.

Third Parties

We may collect personal information from third parties, such as when you make a payment as described below.

Payment Processing

We use third party, PCI-compliant payment processors, which collect payment information on Action Face’s behalf in order to complete transactions. While we receive a payment confirmation when a user makes a purchase, we do not have access to, and are unable to process, your credit card information.

Cookies and Automated Technologies

We use “cookie” technology and similar automated tools, such as web beacons and web pixels. “Cookies” are small files that a website stores on a user’s computer or device and through which personal information may be collected.

We use “session” cookies, meaning that they are automatically deleted from your hard drive after you close your browser at the end of your session. Session cookies are used to optimize performance of the Services and to limit the amount of redundant data that is downloaded during a single session. We also use “persistent” cookies, which remain on your computer or device unless deleted by you (or by your browser settings). We use persistent cookies for various purposes, such as statistical analysis of performance to ensure the ongoing quality of our Platform and Services.

Some cookies are first-party cookies – meaning our cookies – and others are third-party cookies, meaning that they are placed on the Platform by authorized third parties.

Information Collected

We and/or authorized third parties use these cookies and similar technologies to collect:

  1. IP address or unique device identifier
  2. Device type
  3. Operating system version
  4. Browser type and language

Purpose

Some of the cookies or similar technologies that we used are “essential” for the Platform to function, while other cookies are used to help us improve our Services or measure audiences. Our primary reasons for using cookies are:

  1. Functionality and user experience
  2. Analytics, which help us measure audiences and determine interest in our Platform and/or Services
  3. Performance, including fixing bugs and improving security

Your Choices

Some web and mobile device browsers automatically accept cookies, but if you prefer, you can change your browser to prevent it or to notify you each time a cookie is set. Other browsers automatically block certain tracking cookies. Most browser manufacturers provide comprehensive help relating to cookie management in their products. Please see your web browser provider’s settings for more information.

You can also learn more about cookies by visiting www.allaboutcookies.org, which includes additional useful information on cookies and how to block cookies using different types of browsers or mobile devices.

Please note, however, that by blocking or deleting all cookies, you may not be able to take full advantage of the Services.

More information about your choices with respect to Google Analytics is provided below.

Google Analytics

We use Google Analytics, an analytics service that drops cookies and/or similar technologies to collect and store information about your device and use of the Site. We use Google Analytics to calculate visitor, session and campaign data for analytics reports.

You can read Google’s privacy policy here. You can opt-out from being tracked by Google Analytics on the Site by downloading and installing the Google Analytics Opt-out Browser Add-on for that browser which is available here.

Social Plugins

We use social plugins on the Platform, which are icons that allow you to interact with third-party social networks such as Facebook, Twitter and Instagram. For example, you may “like” us or follow us on Twitter. The third-party social plugin may set a cookie when your browser creates a connection to the servers of such social networks and the plugin may transmit your personal information to the social networks. Your use of these social plugins is subject to the privacy policies of the third-party social networks.

How & Why We Use Your Information

We will use your personal information in order to:

  1. Provide the Platform and Services, including to create your 3D custom figurine and/or avatar
  2. Communicate with individuals who contact us via the Site contact form or otherwise
  3. Respond to and fulfill your requests for Services or other inquiries, including shipping any purchases to you
  4. Contact you in connection with any of our Services and transactions
  5. Contact you for marketing purposes
  6. Understand how you use the Platform and perform research and analytics
  7. Enhance user experience and customize, personalize and deliver content that you see on the Platform, including for marketing purposes (such as on social media)
  8. Enforce our Terms of Use and other contractual rights, and protect our rights and property and the rights and property of others
  9. Enable feedback
  10. Comply with the law
Do Not Track Signals

We do not respond to or alter our practices based upon your selection of the “Do Not Track” setting or other “opt out” setting or feature that may be offered by your browser, however we reserve the right to do so in the future.

Disclosure of Your Information

Service Providers and Partners

We share personal information companies that perform services on our behalf, such as:

  1. Hosting services (including the customizer site)
  2. Email communication providers
  3. Analytics partners
  4. Shipping companies
  5. 3D printing partners
  6. Customer service providers

Note that in some cases, these service providers collect information directly from you through the use of cookies and similar technologies, as explained above in Cookies and Automated Technologies .

Legal Obligations

We may share your information with any person or entity where we believe in good faith that such disclosure is necessary or otherwise appropriate to: (a) comply with the law or in response to a valid subpoena, court order, government request, or other valid legal process; (b) produce relevant documents or information in connection with litigation, arbitration, mediation, adjudication, government or internal investigations, or other legal or administrative proceedings; (c) protect the interests, rights, safety, or property of Action Face or others; or (d) enforce our terms or other contractual obligations.

Business Transfer

As we continue to grow, we may purchase websites, applications, subsidiaries, other businesses or business units. Alternatively, we may sell businesses or business units, merge with other entities and/or sell assets or stock, in some cases as part of a reorganization or liquidation in bankruptcy, as well as raise capital through financings. In connection with or as part of these transactions, we may transfer your personal information to another entity upon a merger, consolidation, financing or other corporate reorganization in which Action Face participates, or to a purchaser or acquirer of all or a portion of Action Face’s assets, bankruptcy sale included.

Consent

We may share your information with any person or entity when we have your consent. We reserve the right to disclose your information as described in any click–through agreement or any other terms and conditions to which you have agreed.

Aggregated and De-identified Information

We may use and share non-personal information about you or your use of the Platform and Services, including any de-identified and aggregated data with third parties without limitation.

Opting-Out of Marketing Communications from Us

You may opt-out at any time of receiving direct marketing emails and other promotional email communications. You may opt-out by choosing the “Unsubscribe” option available as a link in every promotional email. You may also do so by contacting us at contact@actionface.app.

We will gladly comply with all requests to opt-out of or unsubscribe from promotional communications, but reserve the maximum amount of time allowed by law to process such requests. You cannot opt-out of certain transactional emails or communications, which are necessary to conclude a transaction or provide the Services.

Security

We have implemented technical and organizational measures designed to protect against the loss, misuse, and alteration of your personal information. Despite our efforts, however, no security measures are perfect or impenetrable. We appreciate your help in safeguarding the integrity of your own and others’ privacy, and encourage you to let us know immediately if you suspect that any personal information you shared with us is being used contrary to this Privacy Policy.

Data Retention

We will retain the personal information that we collect where we have an ongoing legitimate business need to do so, including to provide you with our Services, or to comply with applicable legal, tax or accounting requirements. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it. If this is not immediately possible because your personal information has been stored in backup archives, we will securely store your personal information and isolate it from any further processing until deletion is possible.

With respect to the facial geometry scan that we create, please see our Biometric Information Policy and Terms.

International Transfers

We are located in the United States, and the personal information that we collect is stored on servers that are located in the United States and in Asia. This means that your personal information will be collected, processed and stored in the United States and in Asia, which may have data protection laws that are different from (and sometimes less protective than) the laws of your country or region.

By sending us personal information, you agree and consent to the processing of your personal information in the United States and in Asia, which may not offer an equivalent level of protection to that required in other countries or regions (particularly the European Economic Area), and to the processing of that information by us on servers located in the United States, as described in this Privacy Policy.

With respect to transfers to third-party service providers, we take reasonable steps to ensure appropriate safeguards.

Contacting Us

Should you have any questions about this Privacy Policy, please contact us by sending an email to privacy@actionface.app. Please provide your name, mailing address, telephone number and email address so we can service you more quickly. You can also write to us at:

Action Face, Inc

1400 Shattuck Ave Ste 12, Berkeley, CA 94709

Terms of services

Last updated: Jan 1, 2021

AGREEMENT TO TERMS

These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and [business entity name] (“we,” “us” or “our”), concerning your access to and use of the [website name.com] website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).

You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms and Conditions. If you do not agree with all of these Terms and Conditions, then you are expressly prohibited from using the Site and you must discontinue use immediately.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason.

We will alert you about any changes by updating the “Last updated” date of these Terms and Conditions, and you waive any right to receive specific notice of each such change.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.

The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use.

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