Privacy Policy

CoCreativ (“CoCreativ”) is a New York corporation having its principal business offices at 32 Avenue of the Americas, 22^ndFloor, New York, New York 10013. CoCreativ is a family of integrated creative production companies. CoCreativ partners with top brands, agencies, and creative professionals to provide a full range of essential production services including state-of-the-art digital production and post-production solutions for our clients.

At CoCreativ, we value the privacy and security of your personal information, and are committed to the fair and transparent processing of your data. This Privacy Policy is meant to help you understand what information is collected by CoCreativ, why we collect it, and how you can update, manage, export, and delete your information.

As used in this Privacy Policy, the terms “we”, “us”, “our” and “ours” means CoCreativ, as well as its subsidiaries, affiliates or companies under its control. These include Industrial Color, Industrial Color Brands, Industrial Color Studios, Smashbox Studios, Impact Digital, Click 3X, Invodo and FileSociety (collectively “CoCreativ”). The terms “you”, “your” and “yours” when used in this Privacy Policy mean any Customer, Authorized User or other user of any CoCreativ site or services.

SCOPE
This Privacy Policy applies to any services (“Services”) offered by CoCreativ as well as our subsidiaries, affiliates or companies under our control including on or through this site or otherwise (“Site”). This Privacy Policy is a part of CoCreativ’s Terms of Services and changes may be made. This Privacy Policy does not apply to services that have separate privacy policies that do not incorporate this Privacy Policy.

DEFINITIONS
As used in this Privacy Policy, the following capitalized words or phrases, and those terms defined parenthetically in other provisions of this Privacy Policy, have the meanings provided. Capitalized words or phrases which are used but are not defined in this Privacy Policy, and which are defined in our Terms of Service (“TOS”), have the meanings provided in our TOS.

AGGREGATE INFORMATION
Aggregate Information means information about groups or categories of individuals, which does not identify and cannot readily be used by us to identify a particular individual.

ANONYMOUS INFORMATION
Anonymous Information means information that does not directly or indirectly identify, and cannot readily be used by us to identify a particular individual.

COOKIES
Cookies are small files containing a string of characters that are sent to your computer when you visit a website. When you return to that site, the cookie allows that site to recognize your browser. Cookies may store user preferences and other information. You can configure your browser to refuse all cookies or to indicate when a cookie is being sent, however some features or services may not function properly without cookies.

IP ADDRESS
Every device connected to the Internet is assigned a series of number known as an Internet Protocol (“IP”) address. An IP address can often be used to identify the location from which a device is connecting to the Internet.

PERSONAL INFORMATION
Personal Information means information which personally identifies you, such as your name, postal address, e-mail address, location or billing data, telephone number or other identifier which could be used to identity you except for encoded, and anonymized or publicly available data that has not been combined with non-public personal information.

SENSITIVE PERSONAL INFORMATION
Sensitive Personal Information is a particular category of personal information which might include confidential medical facts, biometric or genetic data, racial or ethnic information, political or religious beliefs and sexuality.

INFORMATION WE COLLECT
CoCreativ may collect several types of information to provide you the best possible products and services.

INFORMATION YOU PROVIDE

1. Information about your visits to and use of the Site or any Services;
2. Information about your requests for products, services or information from us;
3. Information about any transactions carried out with us on or in relation to the Site or any Services, including information relating to your purchase or use of any of our goods or services;
4. Information you provide to us for the purpose of registration or subscribing to Services or notifications, or when responding to surveys, completing a form or otherwise interacting with us;
5. Information you provide in any blog, chat room, public forum or other social media feature offered on the Site or an Ancillary Software or in connection with any Services;
6. If you send us personal correspondence, whether as emails, letters or otherwise, or if other users or third parties send us correspondence or other information about you or your activities or postings on the Site or any Services, we may collect such information; and
7. We may receive and collect information about you from other sources, such as instant messaging services, blogs, newspapers, other users of our products or services, or our affiliates or business associates. For example, we may sometimes acquire information from other sources to update or supplement the information you provide or that we collect automatically (e.g., if inaccurate postal or zip codes are received, we may use third party software to fix them). 

INFORMATION WE COLLECT THROUGH THE USE OF OUR SERVICES
Through the use of our services, we may collect information about the browsers and devices you use to access CoCreativ applications and platforms. The information we collect may include unique identifiers, browser type and settings, operating system and information about the interaction of browsers and devices with our servers including IP addresses and the date, time, and URL of your request.

PUBLIC FORUMS
CoCreativ may also from time to time offer publically accessible blogs or community forums. Any information you provide in these areas may be read, collected and used by others who access them.

ANONYMOUS INFORMATION COLLECTED THROUGH THIS SITE
In addition to Personal Information which we collect as described above, we use technology to collect Anonymous Information about your computer and your use of our Site or Services, such as which pages of our Site you view, length of visit, your IP address, which web browser you use, geographical location and referral source. This technology does not identify you personally, but rather enables us to compile statistics about our visitors and their use of our Site. The Site also contains hyperlinks to other pages on the Site. We may use technology to track how often these links are used and which pages on the Site our visitors choose to view. This technology does not identify you personally – it simply enables us to compile statistics about the use of such hyperlinks. All such information collected and stored may be used in the administration of the Site or Services, to improve the Site or Services, and otherwise for our internal business purposes.

OUR USE OF COOKIES, LOG FILES AND OTHER TECHNOLOGY
CoCreativ uses Cookies, web log files and other technology to track and store information regarding Site usage.

“Cookies” are alphanumeric identifiers in the form of text files that are inserted and stored by your web browser on your computer’s hard drive. The main purpose of a Cookie is to allow a webserver to identify a user, and serve up customized web pages or log in information to the user’s web browser when revisiting a web page. Cookies help us promptly display the information you need and other information which we consider to be of interest to you. We or our service providers may set and may access Cookies on your computer in order to track and store preferential information about you. We or our service providers gather Anonymous Information about you through Cookie technology on the aggregate level. Both “Session” Cookies and “Persistent” Cookies may be used.

When you visit any of our Sites or use any Services, we use Session Cookies to allow the Site or Services to uniquely identify your browser while you are logged in and to enable us to process your online transactions and activity. Session Cookies also help us confirm your identity and are required in order to use any Services. Session Cookies are temporary and expire when, or shortly after, you close your web browser.

We may also use Persistent Cookies to identify you as an Authorized User or Lightbox Guest User, and to make it easier for you to log into our Services. A Persistent Cookie is set once you’ve logged into any of our Services. The next time you visit the Site, the Persistent Cookie will allow us to recognize you as an existing Authorized User or Lightbox Guest User. In order to access or change any of your Personal Information (for example, a credit card number) or to send a message to another user, however, you must log in securely again with your password regardless of whether your computer contains your persistent Cookie. Furthermore, if you log out of a Service, you will need to reenter your password the next time you visit in order to log in.

Most web browsers are initially set up to accept Cookies, however you can usually reset your web browser to refuse Cookies or to indicate when a Cookie is being sent. If your web browser does not allow Cookies or if you opt to refuse all Cookies, you may be able to browse parts of the Site but will not be able to access or use Services.

If you have Adobe Flash installed on your computer and you use our audio or video players, Google Analytics will try to store some additional data on your computer. This data is known as “Local Shared Object” or “Flash Cookie”. Adobe’s website offers tools to control Flash Cookies on your computer.

LOG FILES
We gather certain information automatically and store it in log files or in our database. This information includes internet protocol addresses as well as browser, internet service provider, referring/exit pages, operating system, date/time stamp, uploads, downloads and click stream data. Occasionally we may connect Personal Information to data gathered in our log files or stored in our database as may be necessary to improve services to individual users. Otherwise, we may use such information with no connection to individual users, to analyze trends, administer the Site, or track usage of various Services or features within the Site.

We also use Google Analytics, a web analytic service provided by Google Inc. to help us analyze how users use CoCreativ’s Sites. Google Analytics may use Cookies.

INFORMATION SHARING
WHEN YOU SHARE YOUR INFORMATION
Many of our Services let you share information with other people, and you have control over how you share that information. CoCreativ does not edit, review or make decisions concerning information you decide to share with others, including, but not limited to, any personal information or data.

HOW WE USE AND SHARE THE INFORMATION WE COLLECT
WITH YOUR CONSENT
You have choices regarding the information collected by CoCreativ and how it will be used. As detailed below, we may use your Personal Information, Customer Data, other information we collect about your use of the Site or any Services when we have your consent. We will ask for you explicit consent to share any Sensitive Personal Information.

PERSONAL INFORMATION
CoCreativ may share your Personal Information for the following purposes:

▪ To improve your browsing experience on the Site;
▪ To improve our products, Services and operations;
▪ To personalize content and experiences on the Site or our Applications;
▪ In order to operate the Site or any Services or to tailor the Site or a Service to your needs;
▪ For billing, identification and authentication;
▪ To contact you about your use of the Site or any Services;
▪ To communicate with you about your account or transaction(s) with us or otherwise regarding your access to or use of the Site, any Ancillary Software or Services, and to send you information about features on the Site or an Ancillary Software, or changes to our policies;
▪ To provide you with the products or services you request;
▪ With other businesses who may contact you or to send you information that we think may be of interest to you by post, e-mail or similar technology;
▪ To send you marketing materials regarding our products or services;
▪ For research purposes and to generally improve the content and functionality of the Site or any of the Services; and
▪ To provide other companies with statistical information about our users, withoutidentifying any individual user.

We may also share your Personal Information with our third party vendors (such as credit card processors) and hosting contractors to provide necessary hardware, software, networking, storage or other services we use to operate the System or any Services, or to maintain a quality user experience.

In addition to the uses identified elsewhere in this Privacy Policy, we may use your Personal Information for the following purposes:

• To improve your browsing experience on the Site;
• To provide you with the products or services you request;
• To send you information that we think may be of interest to you by post, e-mail or similar technology;
• To communicate with you about your account or transaction(s) with us or otherwise regarding your access to or use of the Site, any Ancillary Software or Services, and to send you information about features on the Site or an Ancillary Software, or changes to our policies;
• To personalize content and experiences on the Site or our Applications;
• To improve our products, Services and operations; and
• To detect, investigate and prevent activities that may violate our policies or may be illegal or to respond to subpoenas, court orders or legal process, or to establish or exercise our legal rights or defend against legal claims.

CUSTOMER DATA
In addition to Personal Data, our Customers and their Authorized Users or Lightbox Guest Users may submit data or information to the Services for hosting and processing purposes (“Customer Data”).

We will not review, share, distribute or reference any such Customer Data except under the following circumstances:
▪   To provide Services;
▪   To prevent or address Services or technical problems;
▪ At a Customer’s request in connection with Customer support matters;
▪ To comply with a legal requirement; to respond to requests from law enforcement agencies or otherwise for the administration of justice; in connection with any legal proceeding or prospective legal proceeding; to interact with antifraud databases;
▪ To protect the security or integrity of our databases, this Site, any Services or Ancillary Software; and
▪ To take precautions against legal liability; to enforce our TOS, policies or otherwise establish, exercise or defend our legal rights; in the event a sale, merger or reorganization of our business or assets, or our dissolution, bankruptcy or similar event; or as provided in our Services Agreement with the Customer.

FOR EXTERNAL PROCESSING
RELATED THIRD PARTY VENDORS
We may also share your Personal Information with our third party vendors (for example, to our credit card processors and hosting contractors) to provide necessary hardware, software, networking, storage or other services we use to operate the System or any Services, or to maintain a quality user experience.

UNRELATED THIRD PARTY VENDORS
We do not share, sell or distribute your Personal Information with or to unrelated third parties, except as otherwise provided for in this Privacy Policy or under these limited circumstances:

In order to provide you with the information, products or Services which you have requested, Personal Information may occasionally be transferred to or shared with other companies within our group of companies and third party’s who act for us for further processing in accordance with the purposes for which the Personal Information was originally collected or for purposes to which you have subsequently consented. For example, sometimes a third party may have access to your Personal Information in order to support our information technology or to handle electronic or other mailings on our behalf.

FOR LEGAL REASONS
We may share Personal Information or Customer Data outside of CoCreativ if we have a good faith belief that access, use, preservation, transfer or disclosure of the information is reasonably necessary to:

▪ To comply with a legal requirement;
▪ To detect, investigate and prevent activities that may violate our policies or may be illegal;
▪ To enforce our TOS, policies or otherwise establish, exercise or defend our legal rights.;
▪ To defend against legal claims, or take precautions against legal liability;
▪ To protect the security or integrity of our databases, this Site or any Services
▪ To respond to appropriate requests from law enforcement agencies or otherwise for the administration of justice including to respond to subpoenas, court orders or legal process;
▪ In connection with any legal proceeding or prospective legal proceeding;
▪ To interact with antifraud databases;
▪ In the event of or in connection with a sale, merger, or reorganization of our business or assets, or our dissolution or bankruptcy, or similar event; or
▪ As otherwise provided in our Services Agreement with the Customer.

KEEPING YOUR INFORMATION SECURE
At CoCreativ, we implement appropriate technical and organizational measures to appropriately protect your information, and to minimize the chance of unauthorized access, alteration, disclosure or destruction of information we hold, including:

▪ We securely store and transmit all Personal Information you provide to us on our servers, and take reasonable precautions to protect the confidentiality and security of the Personal Information placed on the Site or used within our Services;
▪   We employ technological, physical and administrative security safeguards such as firewalls and password protection;
▪ We encrypt the transmission of log-in credentials using secure socket layer technologies (SSL), and passwords and other log-in credentials are otherwise encrypted within our database; and
▪   Data entered and files transferred within our Services are encrypted using Advanced Encryption Standard (AES) technologies.

ACCESSING, CORRECTING, DELETING AND EXPORTING YOUR DATA

ACCESSING OR DELETING PERSONAL DATA
Upon written request, we will disclose to you or delete the Personal Information we hold about you. You may also request that we correct, amend or delete such Personal Information so that any inaccurate or incomplete personal data can be corrected or completed without undue delay. Such requests should be addressed to us at the e-mail or street address provided below in the section of this Privacy Policy entitled “Contacting CoCreativ”.

We will endeavor to respond to your requests to view, correct or delete your Personal Information within approximately one month or a reasonable period of time following verification of your identity. Although we will endeavor to accommodate requests for access to or deletion of Personal Information, we may deny your requests where the burden or expense of providing such access or effecting such deletion would, in our good faith judgment, be disproportionate to the risks to your privacy, or where the rights of others would be violated. We may also deny your requests, and may retain and use your Personal Information as necessary to comply with our legal obligations, resolve disputes, enforce our rights or agreements, and for other lawful business purposes.

INTERNATIONAL TRANSFER OF DATA
If you are visiting this Site or utilizing Services from a country other than the United States, the various communications you send and receive will necessarily result in the transfer of information across international boundaries. If you are located in the European Union you should be aware that information you provide or which is otherwise collected on this Site or through any Services rendered may be transferred to countries (including the United States) which do not have data protection laws deemed as adequate as those in the EU. By visiting this Site and communicating electronically with the Site or any Services you consent to the processing and transfer of your Personal Information and other data as set out in our Privacy Policy and as detailed in separate Data Processing Terms, as provided.

TERMS OF SERVICE
When you access and use any Services you are subject to the TOS.

CHILDREN UNDER 13
When it comes to the collection of personal information from children under 13, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, the nation’s consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online.

At times, Customers and their Authorized Users may upload to the Site some contents depicting children (e.g. fashion or movie photos). This Site, however, is not directed at children 13 years of age or younger, and CoCreativ does not knowingly collect Personal Information from children under the age of 13.

YOUR CALIFORNIA PRIVACY RIGHTS
As mentioned above, the Services are intended only for adults over the age of 18. Any California residents under the age of 18 who have registered to use the website, and who have posted content or information on the web site, can request that such information be removed from the Web Site by contacting us at privacy@cocreativ.co. When making such a request the minor must state that he or she personally posted such content or information and detail where the content or information is posted. We will make reasonable good faith efforts to remove the post from prospective public view or anonymize it so the minor cannot be individually identified. This removal process cannot ensure complete or comprehensive removal. For instance, third parties may have republished the post and archived copies of it may be stored by search engines or others we do not control.

GOVERNING LAW
This Privacy Statement forms a part of our TOS and as such shall be governed by and construed in accordance with the laws of the state of New York and the federal laws of the United States, without giving effect to any principles of conflicts of laws which might cause the application of the laws of any other jurisdiction. In addition, to the extent we collect and process personal data of individuals in the EU, this Privacy Policy conforms to the requirements of the General Data Protection Regulation (GDPR), 2016/679.

ABOUT THIS PRIVACY POLICY
This Privacy Policy applies to all of the Services offered by CoCreativ and its subsidiaries, affiliates or companies under its control. These may include Industrial Color, Industrial Color Brands, Industrial Color Studios, Smashbox Studios, Impact Digital, Click 3X, Invodo and FileSociety. This Privacy Policy does not apply to services that have separate privacy policies that do not incorporate this Privacy Policy.

Our Site may from time to time contain links to other websites that are not owned or controlled by us. Such links are provided for convenience only and you access such websites at your own risk. We do not determine and are not responsible for the privacy policies or content of such other sites. We encourage you to be aware of when you leave our Site, and to read the privacy statements of other websites linked to our Site. This Privacy Policy applies only to information collected by this Site.

CHANGES TO THIS POLICY
We may update, modify or change this Privacy Policy from time to time. We will not reduce your rights under this Privacy Policy without your explicit consent. We always indicate the date the last updates were published and archived versions of our Privacy Policy are available for your review. If changes are significant, we’ll provide a more prominent notice (including, for certain services, email notification of Privacy Policy changes).

CONTACTING COCREATIV
If you have questions concerning this Privacy Policy, including the treatment of your Personal Information, please contact us via e-mail at privacy@cocreativ.coor at the following address:

32 Avenue of the Americas, 22^ndFloor, New York, New York 10013, Attention: CoCreativ Privacy.

This Privacy Policy was last updated on May 25, 2018.