PRIVACY POLICY

Your Privacy Rights

Effective Date: July 16, 2012

Your privacy is important to us at The Tiffen Company, LLC (referred to herein as “Tiffen”, “we,” or “us”).   This Privacy Policy describes the types of information gathered through our mobile software applications (“Apps”),  how the collected information is used, with whom the information may be shared, what choices are available to you regarding collection, use and distribution of information and our efforts to protect the information.  By using the App, you hereby consent to allow us to process information that you may in the future provide, or may have already provided, in accordance with this Policy.

This Policy is subject to change at any time. If the information collection, retention or usage practices of the Apps change, we will let you know by posting the Privacy Policy changes to the App or on our website <Tiffen.com> (the “Site”).  Please refer to the “Effective Date” above to see when this Policy was last updated.

Territoriality
Regardless of where our servers are located, the information transmitted to us by the Apps will be processed by us in the United States, where data protection and privacy regulations may or may not be to the same level of protection as in other parts of the world. BY USING THE APPS, YOU UNEQUIVOCALLY AND UNAMBIGUOUSLY CONSENT TO THE COLLECTION AND PROCESSING IN THE UNITED STATES OF ANY INFORMATION COLLECTED OR OBTAINED BY US THROUGH THE APPS, AND THAT U.S. LAW GOVERNS ANY SUCH COLLECTION AND PROCESSING.

Information Collected and Transmitted to Tiffen
Although the Apps may collect, store and use login information, usernames, credit card numbers, passwords, e-mail addresses and images from your device, this information is either stored locally on your device or sent to integrated or identified third-parties, such as to Facebook or Twitter when you post an image, or to Sincerely when you buy prints. This information is not sent to Tiffen, and it is not stored by Tiffen.

We may, however collect analytical information about your use of the Apps, such as frequency of use, IP addresses, time of use, and the tools within the Apps that you use. This information will be used by Tiffen to analyze and improve the Apps. This information may be shared with Tiffen’s associates for audit, analysis, development, improvement and support functions.

Comments that you post about us, our Apps, or our other products or services on social media sites may be used by us in our Apps or on our website, on our sales and distribution pages, or on our social media pages, and you consent to such postings and to copying of such postings in other forums without compensation. 

Third Party Integration
Various third-party applications and services may be built into the Apps, such as purchasing products and social media integration. These services are not provided by Tiffen, and your interactions with these services and third-parties, as well as your disclosure of information to those third-parties, is not covered by this Privacy Policy. Please refer to the Privacy Policies of such third-parties for details on how they use your information.

You understand and agree that Tiffen is not responsible for any use or disclosure of your information by such third parties.



Use of Information by the Apps

As the Apps are used for the purpose of photo editing and sharing, they will access information from and use your device in reasonably anticipated ways, including as follows:

  • The Apps may be used to access your device’s camera function, and may record video, audio and images to your device.
          
  • The Apps may be used to share your audio, images or videos with others, through e-mail, text and social media tools, such as Facebook and Twitter.
  • The Apps may use your device’s data plan when you direct it to transmit images or materials through the App, such as if you e-mail or post an image.

  • The Apps may, at your direction, collect, store and send your contact and credit card information to vendors integrated through the Apps, such as when you purchase prints.

Audio, video and images on your device may contain location-based information, and by sharing such materials, you may be sharing that location information.

Sharing Information Collected with Third Parties, Consultants, and Affiliates
We may share information we collect through the Apps with third-parties to perform analysis and for consulting. Further, we may share such information on a confidential basis with financial partners and consultants, as well as in connection with transactions or potential transactions involving Tiffen.

We may further disclose collected information to the extent we believe it necessary to comply with the law, such as in response to a subpoena or court order, to defend a legal claim or otherwise as permitted by applicable law. Additionally, we may transfer your information to a successor in interest, which may include but may not be limited to a third-party in the event of an acquisition, sale, merger or bankruptcy.

Security
Protecting your information is a priority for us, and therefore we employ procedural and technical safeguards to secure your personal information against loss, theft, alteration, and unauthorized access, use and disclosure. We also employ security procedures to protect your information from unauthorized access by users inside and outside the company. Regardless of the precautions taken by us we cannot ensure or warrant the security of any information you transmit to us, and you transmit such information at your own risk. 

Children and Privacy
We are concerned about the safety of children when they use the Internet.  We do not request personally identifiable information from anyone under the age of 13.  If we become aware that a user under the age of 13 has provided personal information, we will remove his or her personally identifiable registration information from our files. If you are the parent or guardian of a person under the age of 13 who has provided personally identifiable information to us without your approval, please inform us by contacting us at the e-mail address below and we will remove such information from our database.

Additional Information
No transmission of data over the Internet is guaranteed to be completely secure. It may be possible for third parties not under our control to intercept or access transmissions or private communications unlawfully. While we strive to protect your personal information, we cannot ensure or warrant the security of any information you transmit through the Apps. Any such transmission is done at your own risk.  

This Privacy Policy shall be interpreted and governed by the law of the State of New York without regard to its conflict of laws principles. You expressly acknowledge and agree that any claim brought in connection with this Privacy Policy or the subject matter herein shall only be brought in a federal or state court located in the State of New York, in the County of New York, and you expressly waive all objections you might have to jurisdiction, venue, service of process, forum non conveniens or the like in connection therewith.


THE APPS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” THE APPS ARE PROVIDED WITHOUT, AND WE EXPLICITLY DISCLAIM, ANY AND ALL WARRANTIES, INCLUDING BUT NOT LIMITED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE APPS MAY CONTAIN ERRORS OR INACCURACIES AND MAY NOT BE ERROR FREE. WE MAKE NO GUARENTEE THAT THE APPS WILL NOT HARM YOUR DEVICE OR DATA RESIDING THEREON. YOUR USE OF THE APPS IS AT YOUR OWN RISK.

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL WE BE LIABLE FOR ANY ORDINARY, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OF THE APPS OR YOUR TRANSMISSION OF INFORMATION VIA OUR APPS.  IF THE FOREGOING LIMITATIONS ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE MAXIMUM LIABILITY OF US TO YOU FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO ONE HUNDRED DOLLARS ($100.00).

If any provision of this Privacy Policy is found to be invalid by a court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.  Our failure to enforce any term or condition of this Privacy Policy shall not be deemed a waiver thereof and shall not prevent its later enforcement.

Contact Information
If you have any questions or suggestions regarding our Privacy Policy, please contact us via e-mail at
privacy@tiffen.com.

 

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