Privacy Policy

Effective Date: May 2018

This website is owned and operated by Imagekind Inc. ("IK"). IK values the users of our website (the "Website"). Your privacy and trust are very important to us. We recognize that you may be concerned about our collection, use, and disclosure of the personally identifiable information ("Personal Information") that we collect when you use the Website and the services offered on the Website ("IK Services"). This Privacy Policy describes the information that we collect from you, how we collect this information, and what we do with it after we collect it. By using the Website you are accepting the practices described in this Privacy Policy. If you have any questions or comments regarding this Privacy Policy, please contact us at care@imagekind.com.

Does IK Ever Make Changes to its Privacy Policy?

We may make changes to the Privacy Policy from time to time. We will notify you of any material changes by sending you an email, posting a notice on the home page of the Website, or posting a notice in your account when you first login after we have made changes. If you receive notification of a change in our Privacy Policy, you must review the new Privacy Policy carefully to make sure you understand our practices and procedures. You may not be able to receive notices from us if your cookies are not set to accept and/or are disabled.

What Types of Information Does IK Collect From Me?

Personal Information. We collect Personal Information that you provide to us, such as your name, mailing address, phone number, email address, credit card number, and financial information.

Non-Personal Information. We also collect non-personal information from you, such as your browser type, the URL of the previous website you visited, your ISP, operating system, and your Internet protocol (IP) Address ("Non-Personal Information"). Non-Personal Information cannot be easily used to personally identify you.

How and When Does IK Collect This Information?

Providing Information to Us. We collect Personal Information from you when you provide it to us. For example, if you purchase a product, we may collect your name, mailing address, telephone number, credit card number, and email address. If you create a Content Owner Account, we may collect your name, tax identification number, mailing address, email address, and other information that we request during the registration process, and any information that you provide on your IK profile page or storefront. If you sign up to receive a newsletter, we will collect your email address.

Communications With Us. If you communicate with us regarding the Website or the IK Services, we will collect any information that you provide to us in any such communication.

Analytic and Reporting Technologies. Like the operators of most websites, we use analytic and reporting technologies to record Non-Personal Information such as Internet domain and host names, Internet protocol (IP) addresses, browser software, operating system types, clickstream patterns, and the dates and times that the Website and the IK Services are accessed. We also contract with several online partners to help manage, monitor and optimize our Website and the IK Services and to help us measure the effectiveness of our advertising, communications and how visitors use the Website. To do this, we may use web beacons and cookies.

How Does IK Use My Information?

Personal Information. We use Personal Information primarily for our own internal purposes, such as providing, maintaining, evaluating, and improving the IK Services and the Website, fulfilling requests for information, producing and shipping the products that you order, and providing customer support. For example, if you create a Content Owner Account, we will use the information that you provide us to communicate with you and pay you any royalties that you earn. Similarly, if you sign up to receive an IK newsletter, we will use the email address you provide to send you the newsletters.

Non-Personal Information. We use Non-Personal Information to track the use of the Website and the IK Services and for other internal purposes, such as providing, maintaining, evaluating, and improving the IK Services and the Website.

When Will IK Disclose My Information to Third Parties?

Disclosure to Successors. We will disclose your Personal Information to any successor-in-interest of ours, such as a company that acquires us. In the event IK goes through a business transition, such as a merger or acquisition by or with another company, or sale of all or a portion of our assets, your Personal Information will be among the assets transferred. In addition, your Personal Information may be disclosed in any due diligence process conducted relative to a potential business transition as described above. You will not be notified of any such disclosure, or change in ownership or control, of your Personal Information.

Disclosure to Unaffiliated Third Parties. We may disclose your Personal Information to prevent an emergency, to prevent harm to others, to respond to legal requirements, to protect or enforce our rights and policies, to protect or enforce the rights of a third party, or as required or permitted by law (including, without limitation, to comply with a subpoena or court order). In particular, if you are a Content Owner, we may disclose your information to a third party that alleges that you have infringed their intellectual property rights through the products sold through your Shop. Similarly, if you allege that a Content Owner is infringing upon your intellectual property rights, we may disclose your information to that Content Owner.

Disclosure to Third Party Service Providers and Online Partners. We may contract with various third parties who help us provide, maintain and improve the Website and the IK Services. For example, we use a third party to process payments made to us, and may subcontract out production, fulfillment, analytics, reporting or other operations. We also contract with several online partners to help manage, monitor and optimize our Website and the IK Services and to help us measure the effectiveness of our advertising, communications and how visitors use the Website. We will use commercially reasonable efforts to prevent such third parties from disclosing your Personal Information, except for the purpose of providing the services in question. We cannot guarantee that such third parties will not disclose your Personal Information. IK does not share, rent or trade your Personal Information with third parties for their promotional purposes.

Disclosure of Non-Personal Information. We will disclose Non-Personal Information, in aggregate form, to potential strategic partners, advertisers, investors, customers, and others. You may not opt-out of the sharing of this information. However, it cannot be easily used to identify you personally.

Internet Advertising. We may use third party service providers to serve ads on our behalf across the Internet and sometimes on the Website. They may collect anonymous information about your visits to our Website, and your interaction with our products and services. They may also use information about your visits to this and other websites to target advertisements for goods and services. This anonymous information is collected through the use of a web beacon, which is industry standard technology used by most major websites. If you would like more information about this practice and to know your choices about not having this anonymous information used by our third party service providers, please click here.

What About Cookies and Web Beacons?

A cookie is a small file placed on the hard drive of your computer. Most websites use cookies. We use cookies to track your use of the Website and the IK Services, provide you with a more personalized user experience, and to allow you to login and begin use of the IK Services automatically when you visit the Website.

A web beacon is an often-transparent graphic image, usually no larger than a 1x1 pixel that is placed on a web page or in an e-mail that is used to monitor the behavior of the user visiting the Website or receiving the e-mail.

Cookies and web beacons used by IK and our online partners are not linked to Personal Information. Some of our Content Owners may use cookies or web beacons on our Website. We have no access to or control over these cookies and web beacons. This Privacy Policy covers the use of cookies and web beacons by IK and our online partners only and does not cover the use of cookies or web beacons by any other third party, Content Owner or advertiser.

Does IK Protect My Personal Information?

Personal Information. Whenever we obtain your Personal Information, we use commercially reasonable efforts to protect it from unauthorized access or disclosure. However, we are not insurers of the security of your Personal Information. Accordingly, we assume no liability for any disclosure of data due to errors in transmission, unauthorized third party access or other acts of third parties, or acts or omissions beyond our reasonable control.

Website Content. The content that you store, post, or transmit on or through the Website, such as message board postings, storefront pages, and images on your Products, may be accessed by other users, including people that you do not know. We are not responsible for the actions of others. Therefore, you should use care in communicating with other users and only disclose your Personal Information to other users that you know to be trustworthy. You should not assume that your content will be kept private.

How Can I Review and Make Changes to My Personal Information?

You can obtain a copy of and request that we correct errors in your Personal Information by emailing us at care@imagekind.com. For your protection, you will be required to provide proof of your identity to obtain a copy of your Personal Information. If your Personal Information changes or if you no longer want to use the IK Services, you may correct, update or deactivate your Personal Information and/or your account through the account management screen. If you would like to deactivate or terminate your account you can also contact us at 1-800-351-8986.

Security

The security of your Personal Information is important to us. When you enter sensitive information such as a credit card number and/or social security number on our registration or order forms, we encrypt that information using secure socket layer technology (SSL).

We follow generally accepted industry standards to protect the Personal Information submitted to us, both during transmission and once we receive it. 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 absolute security.

Internet-based Transfers

Given that the Internet is a global environment, using the Internet to collect and process Personal Information necessarily involves the transmission of data on an international basis. By providing IK with your Personal Information you acknowledge and agree that we may store your Personal Information and transfer it to and from our servers located in the United States and throughout the world. We endeavor to protect all Personal Information collected through the Website in a safe, confidential and secure manner.

Does This Privacy Policy Apply When I Access Third Party Websites?

You may be able to access third party websites directly from the Website. This Privacy Policy does not apply when you access third party websites. We cannot control how third parties may use Personal Information you disclose to them, so you should carefully review the privacy policy of any third party website you visit before using it or disclosing your Personal Information to its provider.

What About Children's Privacy?

Under Thirteen. The IK Services are intended for users ages 13 and older only. Accordingly, we will not knowingly collect or use any Personal Information from children that we know to be under the age of 13. In addition, we will delete any information in our database that we know originates from a child under the age of 13.

Thirteen to Seventeen. Prospective users between the ages of 13 and 17 can only use the IK Services under their parents or legal guardian's supervision. If you are between the ages of 13 and 17, you, your parent, or your legal guardian may request that we deactivate any of your Personal Information in our database and/or opt-out from receiving communications from us. If you wish to do so, please contact us at care@imagekind.com.

Can I Opt-Out From Receiving Communications From IK?

We provide you the opportunity to opt-out of having your Personal Information used for certain purposes. For example, if you purchase a product/service but do not wish to receive any additional marketing material from us, you can indicate your preference on our order form.

If you no longer wish to receive our newsletters and promotional communications, you may opt-out of receiving them by following the instructions included in each newsletter or communication or by emailing us at care@imagekind.com. We also offer you an opportunity to opt-out of certain communications through the account management screen. If you need assistance you may contact us at care@imagekind.com, or via mail sent to 2044 NW Pettygrove St. Portland, OR 97209.

If we disclose your Personal Information to a third party in a manner that is not set forth in this Privacy Policy you will be notified so that you can make an informed choice about sharing your Personal Information with that third party.

Notice to California Residents.

If you are a California resident, California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your personal information by IK and its related companies to third parties for the third parties' direct marketing purposes. With respect to these entities, this privacy policy applies only to their activities within the State of California. To make such a request, please send an email to care@imagekind.com or write us:

Imagekind Inc.
2044 NW Pettygrove Street
Portland, OR 97209