Effective as of March 1, 2021
A reference to “we,” “us,” “our,” “Arcivr” or the “Company” is a reference to Arcivr, LLC, a Texas limited liability company. A reference to “you” or “your” means the User, an individual, or if applicable, the company or legal entity you represent.
2. What Personal Data Do We Collect?
2.1. Personal Data we collect directly from you may include the following:
a) Contact Information: This includes, but is not limited to, identifiers such as your name, email, address, and telephone number(s).
b) Event Information and Geolocation Data: This includes, but is not limited to, the time and geographic locations where photos were taken.
c) Commercial Information: This includes, but is not limited to, records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
d) Transaction and Billing Information: To the extent necessary for an Event Participant to purchase products or services from us or a third party who offers products or services in connection with our Services, such as products featuring photos on our website, event tickets, and merchandise, we will collect your credit card information, including your billing zip code, transaction history, and/or other payment information.
e) Biometric Information: Facial feature coordinates from photos taken at events to link Users to any photos taken of them at the event.
f) Technical Data: If you use and interact with our Services, we automatically collect log files and internet, electronic activity, and other information about your device, browser and your usage of our Services through cookies, web beacons or similar technologies, such as IP-addresses, media access control (MAC) addresses or other identifiers, which may qualify as Personal Data (view the “What device and usage data we process” section below).
g) Feedback and Correspondence: This includes information you provide when you request information from us, receive customer support, or otherwise correspond with us, including by interacting with our pages on social networking sites or services. This includes your preferences for receiving marketing communications and details about how you engage with our marketing communications.
h) Other Information: We may retain a record of any other information you provide us while using our Services.
2.2. Third-Party Analytics Providers
We use, and in the future intend to use, third-party analytics services similar to and including, without limitation, Google Analytics and Google Tag Manager provided by Google Inc. (“Google”) (collectively “Third-Party Analytics Providers”).
Google Analytics includes the Demographics and Interest Reporting features to collect and report our Service traffic data. You can opt out of Google Analytics by using the link https://tools.google.com/dlpage/gaoptout.
3. Device and Usage Data We Process.
We use common information-gathering tools, such as log files, cookies, web beacons and similar technologies to automatically collect information, which may contain Personal Data, from your computer or mobile device as you navigate our Services or interact with emails and other messages, we send you.
3.1. Automatically Collected InformationLike many websites, we gather certain information automatically via log files or from the devices and browsers that you use. This may include your Internet Protocol (IP) address (or proxy server), device and application identification numbers, advertising identifiers, probabilistic identifiers, and other unique personal or online identifiers, your time zone setting and location, your browser type, your Internet service provider and/or mobile carrier, audio, electronic, visual, or similar information, the pages and files you viewed, links you clicked, advertising you interact with within the Services and other information about how you use the Services, inferences used to create a profile about your preferences and characteristics, your searches, your operating system and system configuration information, and date/time stamps associated with your usage. Consistent with your mobile device or app permissions, we also collect geolocation information (including geolocation information derived from your GPS, WiFi and Bluetooth signals, IP address, and other device information), photos stored on your device, contacts from your mobile address book, audio recordings, and appointments from your calendar.
3.2. Cookies, web beacons and other tracking technologies
When you use our Services, our servers or an authorized third party may place a cookie on your browser, which can collect information, including Personal Data, about your online activities over time and across different sites and devices. Cookies allow us to track overall usage, determine areas that you prefer, make your usage easier by recognizing you and providing you with a customized experience.
We may also use web beacons on our websites and other electronic marketing. For example, we may place web beacons in marketing emails that notify us when you click on a link in the email that directs you to one of our websites. Such tracking technologies are used to operate and improve our Services and digital communications and track the clicking of links or opening of messages.
As described above, we or third parties may place or recognize a web beacon or unique cookie on your browser when you visit our websites for the purposes of serving you targeted advertising (also referred to as “online behavioral advertising” or “interest-based advertising”). To learn more about targeted advertising, advertising networks and your ability to opt out of collection by certain third parties, please visit the opt-out pages of the Network Advertising Initiative, here, and the Digital Advertising Alliance, here.
To manage the use of targeting or advertising cookies on our websites, consult your individual browser settings for cookies. To learn how to manage privacy and storage settings for Flash cookies, click here. Various browsers may offer their own management tools for removing HTML5 local storage.
3.3. Opt-Out From the Collection of Device and Usage Data
Some mobile and web browsers transmit "do-not-track" signals. Because of differences in how web browsers incorporate and activate this feature, it is not always clear whether users intend for these signals to be transmitted, or whether they are even aware of them. We currently do not take action in response to these signals.
3.4. Social Media Features
Our Services may use social media features or plugins, such as the Facebook “like” button, the Twitter “Tweet” button and other sharing widgets (“Social Media Features”). You may be given the option by such Social Media Features to post information about your activities on a website to a profile page of yours that is provided by a third-party social media network in order to share with others within your network. Social Media Features are either hosted by the respective social media network or hosted directly on our website. To the extent the Social Media Features are hosted by the respective social media networks, the latter may receive information that you have visited our website from your IP address. If you are logged into your social media account, it is possible that the respective social media network can link your visit of our websites with your social media profile.
Your interactions with Social Media Features are governed by the privacy policies of the companies providing the relevant Social Media Features. Be aware that if you post or share any distinguishing information anywhere online and corresponding information is available via your public social media account, profile or other accessible information you could be identified, located and contacted as a result.
3.5. Notice to California ResidentsIf you are a resident of California, California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your Personal Data by the Company to a third party for the third party’s direct marketing purposes. The right granted to California residents applies only to their activities within the State of California. To make such a request, please contact us as described in the “Contacting Us” section below.
California residents have certain rights to transparency and to access and delete personal information. You may exercise these rights by contacting us as described in the “Contacting Us” section below. We will not charge you different prices or provide different quality of services unless those differences are related to your information or otherwise permitted by law. Once we receive your request, we may verify it by requesting information sufficient to confirm your identity, including by asking you for additional information. If you would like to use an authorized agent registered with the California Secretary of State to exercise your rights, we may request evidence that you have provided such agent with power of attorney or that the agent otherwise has valid written authority to submit requests to exercise rights on your behalf.
4. Purposes for Which We Process Personal Data and the Legal Basis upon Which We Rely.
• Notify Users when their photo or photos they appear in have been uploaded;
• To associate an image with one or more events and Users;
• To ship products to Users;
• To analyze browsing history and patterns;
• To facilitate customer services responses; and
• To provide, operate, maintain, improve, and monitor the effectiveness of our Services.
4.2 Marketing. We will process your Personal Data to alert you to new developments, offerings, promotions, specials, special events, products or services or other activities and to administer the same to the extent it is necessary for our legitimate interests to advertise our websites or, where necessary, to the extent you have provided your prior separate consent (please also view “Your Rights Relating to your Personal Data” below to learn how you can control how your Personal Data is processed by the Company for marketing purposes).
4.3 User’s requests. For the purposes for which you provided the information, for the legitimate business purpose of fulfilling our User’s requests.
4.4 Administration of Services. To monitor and analyze information regarding your browsing and viewing preferences and to diagnose problems of our websites, for the legitimate business interest of operating and administering our websites, platform and other Services.
4.5 Aggregated Analytics. To carry out internal operations and to analyze our Users’ demographics and interests on an aggregated basis, for the legitimate business interests of understanding our current and potential User demographics.
4.6 Security. For fraud prevention, internal operations, legal compliance, and other public and security-related purposes, to the extent this is necessary for the purpose of our legitimate interests in promoting the safety and security of the systems and application used for our websites, and protecting our rights and the rights of others;
4.8 Legal Compliance. We will process your Personal Data when cooperating with public and government authorities, courts or regulators in accordance with our legal obligations under applicable laws to the extent this requires the processing or disclosure of Personal Data to protect our rights, and is necessary for our legitimate interests to protect against misuse or abuse of our websites, to protect personal property or safety, to pursue remedies available to us and limit our damages, to comply with a judicial proceedings, court order or legal process, and/or to respond to lawful requests.
4.9 With Your Consent. We will request your consent to use your Personal Data where required by law, such as where we use certain cookies or similar technologies or would like to send you certain marketing messages. If we request your consent to use your Personal Data, you have the right to withdraw your consent any time in the manner indicated when we requested the consent or by contacting us. If you have consented to receive marketing communications from our third-party partners, you may withdraw your consent by contacting those partners directly. Withdrawing consent does not affect the lawfulness of processing based on consent before it is withdrawn.
5. Who Do We Share Personal Data With?
5.1 Event Hosts. We share Personal Data of Event Participants with Event Hosts who own or manage the events Event Participants attend, including so that they can market and advertise to Users. For example, when you attend a VIP event that utilizes our Services, we share Personal Data such as contact information with the Event Hosts.
5.2 Internal Disclosures. We may share Personal Data with our headquarters and affiliates, other companies and brands owned or controlled by Arcivr, and other companies owned by or under common ownership as Arcivr, 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.
5.3 Authorized Third-Party Vendors and Service Providers. We engage certain third-party vendors and service providers to perform functions and provide services to us (e.g., verification providers, website hosting providers and other parties who assist us in operating our websites, conducting our business, managing our marketing campaigns and mailings, performing analytics, processing payments, hosting, shipping, software development, creative development, technical support, network and security operations, or serving our customers). We take appropriate steps to ensure that these third-party vendors and service providers maintain the privacy and security of the Personal Data they process on our behalf.
5.4 Other Disclosures. If we are involved in a merger or reorganization, a financing that involves due diligence, bankruptcy, receivership, transition to different service providers, sell a business unit, or if all or a portion of our business, assets or stock are acquired by another company, we may transfer some or all of your Personal Data to such third party. We may also disclose your Personal Data to respond to subpoenas, court orders, legal process, law enforcement requests, legal claims or government inquiries, and to protect and defend the rights, interests, safety, and security of Arcivr, our affiliates, Users, or the public. We may also share your Personal Data for any other purposes disclosed to you at the time we collect the information or pursuant to your consent.
Our Services are not directed at children. If you are a parent or guardian and believe your child has provided us with Personal Data without your consent, please contact us as described in the “Contacting Us” section below and we will take steps to delete such Personal Data from our systems.
7. How Long Do We Keep Your Personal Data?We may retain your Personal Data for a period of time consistent with the original purpose of collection (see “Purposes for Which We Process Personal Data and on What Legal Basis” section above). We determine the appropriate retention period for Personal Data on the basis of the amount, nature, contact frequency and sensitivity of your Personal Data, the potential risk of harm from unauthorized use or disclosure, and whether we can achieve the purposes of the processing through other means, as well as the applicable legal requirements (such as applicable statutes of limitation).
8. Your Rights Relating to Your Personal Data.
8.1. Your Rights. You may have certain rights regarding your Personal Data, subject to local data protection laws. These may or may not include the following rights:
• to access your Personal Data held by us (right to access);
• to rectify inaccurate Personal Data and ensure it is complete (right to rectification);
• to erase/delete your Personal Data to the extent permitted by other legal obligations (right to erasure; right to be forgotten);
• to restrict our processing of your Personal Data (right to restriction of processing);
• to transfer your Personal Data to another controller to the extent possible (right to data portability);
• to object to any processing of your Personal Data carried out on the basis of our legitimate interests (right to object);
• not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects (“Automated Decision-Making”); Automated Decision-Making currently does not take place on our websites;
• to the extent we base the collection, processing and sharing of your Personal Data on your consent, to withdraw your consent at any time, without affecting the lawfulness of the processing based on such consent before its withdrawal.The specific rights to which you are entitled are based upon your geographic location, and the location of where your Personal Data is stored. Users who are located within Member States of the European Union, countries in the European Economic Area, the United Kingdom, and Switzerland (collectively, “Europe” or “European”) may avail themselves of all of the above-referenced rights.
8.2. How to Exercise Your Rights. To exercise your rights, please contact us in accordance with the “Contacting Us” section below. We try to respond to all legitimate requests within one month and will contact you if we need additional information from you in order to honor your request. Occasionally it may take us longer than a month, considering the complexity and number of requests we receive.
8.3. Your Preferences for Marketing Communications. If we process your Personal Data for the purpose of sending you marketing communications, you may manage your receipt of marketing and non-transactional communications from us by clicking on the “Unsubscribe” link located on the bottom of our marketing emails, by replying or texting ‘STOP’ if you receive SMS communications, or by turning off push notifications on any of our apps installed on your device (if your device supports push notifications). Please note that opting out of marketing communications does not opt you out of receiving important business communications related to your current relationship with us, such as information about your subscriptions or event registrations, service announcements or security information.
8.4. International Data Transfers. Arcivr is headquartered in the United States and has service providers in other countries, and your Personal Data may be transferred to the United States or other locations outside of your state, province, country or other governmental jurisdiction where privacy laws may not be as protective as those in your jurisdiction.
We implement measures such as standard data protection contractual clauses to ensure that any transferred information remains protected and secure.
9. Security.We take precautions including organizational, technical, and physical measures, to help safeguard against accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, the Personal Data we process or use.While we follow generally accepted standards to protect Personal Data, no method of storage or transmission is 100% secure. You are solely responsible for protecting your password, limiting access to devices, and signing out of websites after sessions using the Services. If you have any questions about the security of our Services, please contact us via the “Contacting Us” section below.
Arcivr, LLC, Attn: Data Protection and Privacy
515 S. Capital of Texas Hwy., STE 250
West Lake Hills, TX78746-4630
We are committed to working with you to obtain a fair resolution of any complaint or concern about privacy.