PRIVACY POLICY

Effective Date: January 31, 2020

This Privacy Policy describes how PicsArt, Inc. ("PicsArt""picsart""We""Us", or "Our") protects your privacy when you use PicsArt (the "PicsArt Service") which includes the Web site located at www.picsart.com (the "Site") and all PicsArt mobile phone applications ("Mobile").

PLEASE READ THIS PRIVACY POLICY CAREFULLY. BY ACCESSING OR USING THE PICSART SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS AND CONDITIONS INCORPORATED BY REFERENCE. THIS PRIVACY POLICY IS PART OF AND INCORPORATED INTO PICSART'S TERMS OF USE ("Terms of Use"). IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH BELOW, YOU MAY NOT USE THE PICSART SERVICE.

For more information on Interest-based Advertising and your choices regarding it, click here.

This Privacy Policy applies to information (including personal information) collected through the PicsArt Service.

THE WHAT & HOW OF INFORMATION WE COLLECT

We collect information that you voluntarily provide to us. For example, we collect your name, email address, username, social network information and other information you provide us when you register, set up an account, contact us by e-mail or use our services. We may also obtain information from other companies and combine that with information we collect on the PicsArt Service; for example, when you link your account with Facebook, we might have access to your name. We may collect information about you from other Users if they share any Content with you, send a message, image and online contact information.

When you visit the Site, we automatically collect some information. For example, it is standard for your Web browser to automatically send information to every Web site you visit, including ours. Such information includes your computer's Internet Protocol ("IP") address, access times, browser type and language, and referring Web site addresses. We also collect and combine information about devices you use to access PicsArt Services, and information about your usage and activity on the Site.

With your permission (on download or in the app), we may access and store your device's contact list to find your friends on the PicsArt Service, to invite them, or to share your Content with them. We may also collect information about others if you use the PicsArt Service to upload, share and/or distribute Content that contains information about them, including their name, image, and online contact information.

Cookies We automatically collect certain information through the use of "cookies". Cookies are small data files that are stored on your hard drive by a Web site. Among other things, the use of cookies helps us to improve the Site and your experience on the Site. We use cookies to see which areas and features of the Site are most popular, to count the number of computers accessing the Site, to personalize your experience and to remember your preferences. If your browser is set not to accept cookies or if you reject a cookie, you may not be able to access certain features or services of the Site.

Content and Metadata We also collect and retain your metadata along with your Content. For example, your images may be accompanied by additional Content such as a hashtag (e.g., to mark keywords), comments, or may include metadata like a geotag. This makes your User Content more searchable by others and more interactive. If you geotag your photo or tag your photo using others' APIs then your latitude and longitude will be stored with the photo and may be searchable (e.g., through a location or map feature) if your photo is made public by you in accordance with your privacy settings.

TrueDepth API – Apple iOS When you use your iOS device camera in connection with the PicsArt Services, through Apple’s TrueDepth API we may also automatically collect information related to the spatial positioning of a person’s head or face within an image frame. The purpose of this information collection is to track the positioning of a user’s head or face in real time so that the user can apply effects and use other editing tools. None of the information collected via the TrueDepth API ever leaves your device, nor is it persistently stored on the device – it isn’t shared with third parties.

STORAGE OF INFORMATION & TRANSFER OF DATA

If you are using the PicsArt Service from a country other than the country in which our Web servers are located (currently the United States of America) the various communications will necessarily result in the transfer of information across international boundaries.

HOW WE USE YOUR INFORMATION

We use information collected through the PicsArt Service:

WITH WHOM WE SHARE YOUR INFORMATION

Information collected through the PicsArt Service may be shared with companies and organizations that perform services on our behalf (for example, companies that provide data management or other support services to us such as data storage and Web hosting services). We may share your information with third parties to serve you relevant advertising and market our products.

Also, we may disclose the information we collect through the PicsArt Service when we, in good faith, believe disclosure is appropriate:

We share information that has been de-identified or aggregated without restriction.

We may disclose your information without giving you prior notice if we believe it is necessary to prevent imminent and serious bodily harm to a person. Nothing in this privacy policy is intended to limit any legal objections or defenses you might have to efforts by third parties to compel disclosure of your information, including legal orders from the government.

Your information and other data collected by us may be transferred to another company that has acquired our stock or assets, for example, as a result of a sale, merger, reorganization, dissolution or liquidation.

HOW LONG WE RETAIN YOUR INFORMATION

The retention period of collected information depends on the type of information and the reasons why we collect it. In case the retention of your information is extended for a longer period for reasons we define below, we encrypt (anonymize) it to ensure it does not directly identify you. Such data is further retained until complete deletion becomes possible.

Your account information is retained while your account is active, unless you request us to delete it or remove your account. In case you deactivate/delete your account or request us to delete your information, some information may still be retained for a reasonable time to enhance your re-activation in case you decide to return to our services. We may also retain some information we believe in good faith is necessary for legal and regulatory compliance, research and development, business matters, and improvement of our Services.

In cases when you delete your information or request us to delete it, some of your information you shared through the Services may still be accessible for those with whom you shared it. For example, if you shared an image through PicsArt Services, this image may still be visible for those with whom you shared, even if we delete it from your account.

CONTROLLING AND MODIFYING YOUR INFORMATION - OPT-OUT / OPT-IN

We respect your right to control and make choices about your information. You may request PicsArt to:

Your request can be made by emailing us at privacy@picsart.com or, in some instances you may also do it yourself via the PicsArt Service. If you are a Nevada or California resident, please see the “Nevada Privacy Rights” or “California Privacy Rights” sections, respectively, for state-specific information.

We believe that you proceed to use our PicsArt Services upon accepting all the terms in our Terms of Use, which incorporate also the terms of this Privacy Policy. And as such we have your consent in processing and using your data as defined above. However, you are also free to choose to withdraw your consent and request us to cease processing your information by sending us a notice. In such case your withdrawal will not affect the legitimacy of the prior data processing.

You may also opt out of receiving promotional communications from us, including, but not limited to, promotional emails, by emailing us at privacy@picsart.com. Transactional service communications (such as messages about your registration) are not subject to the foregoing opt-out procedures, as are necessary for the regular conduct of our business records. Requests to disable your account or reset your password should be sent to support@picsart.com for faster processing.

DIGITAL ADVERTISING & ANALYTICS

We may partner with ad networks and other ad serving providers (“Advertising Providers”) that serve ads on behalf of us and others on non-affiliated platforms. Some of those ads may be personalized, meaning that they are intended to be relevant to you based on information Advertising Providers collect about your use of the Site and other sites or apps over time, including information about relationships among different browsers and devices. This type of advertising is known as interest-based advertising.

PicsArt adheres to the Digital Advertising Alliance (“DAA”) Self-Regulatory Principles in connection with this interest-based advertising activity. You may visit the DAA Webchoices tool at www.aboutads.info to learn more about this type of advertising and how to opt out of this advertising on websites by companies participating in the DAA self-regulatory program and http://www.aboutads.info/appchoices for information on the DAA’s opt-out program for mobile apps. If you delete your cookies or use a different browser or mobile device, you may need to renew your opt-out choices exercised through the DAA Webchoices tool. Note that electing to opt out will not stop advertising from appearing in your browser or applications. It may make the ads you see less relevant to your interests. Additionally, your browser may offer tools to limit the use of cookies or to delete cookies; however, if you use these tools, our Site may not function as intended. Some of these companies may also be members of the Network Advertising Initiative (“NAI”). To learn more about the NAI and your opt-out options for their members, see https://optout.networkadvertising.org/?c=1#!%2F.

We may also work with third parties that collect data about your use of the Site and other sites or apps over time for non-advertising purposes. PicsArt uses Google Analytics and other third-party services to improve the performance of the Site and for analytics and marketing purposes. For more information about how Google Analytics collects and uses data when you use our Site, visit www.google.com/policies/privacy/partners, and to opt out of Google Analytics, visit tools.google.com/dlpage/gaoptout.

We support the ad industry’s 2009 Self-regulatory Principles for Online Behavioral Advertising (https://www.iab.com/wp-content/uploads/2015/05/ven-principles-07-01-09.pdf) and expect that ad networks we directly engage to serve you Interest-based Advertising will do so as well, though we cannot guarantee their compliance. We are not responsible for effectiveness of, or compliance with, any third-parties’ opt-out options or programs or the accuracy of their statements regarding their programs.

SECURITY OF YOUR INFORMATION

We work hard to ensure integrity and security of your information (including preventing the loss, misuse, unauthorized access, disclosure, alteration and destruction of your information). To this end we have incorporated security measures into our system to protect you and PicsArt from any data breach. Such measures include encryption of your data while in transfer, regular revision of security procedures and compliance in the system, restricted number of employees under strict confidentiality obligations that are authorized to access your information for the purposes of legitimate processing and handling, as described above. However, we cannot guarantee that unauthorized third parties will not be able to defeat our security measures. If you use a password on the PicsArt Service, you are responsible for keeping it confidential. Do not share it with any other person. If you believe your password has been misused or your account compromised, please advise us immediately by sending a notice at privacy@picsart.com.

CHILDREN UNDER 13

THE PICSART SERVICES ARE NOT MEANT FOR PEOPLE UNDER 13. We are committed to protecting the privacy needs of children and we encourage parents and guardians to take an active role in their children's online activities and interests. We do not knowingly collect information from children under the age of 13 and we do not target the PicsArt Service to children under 13. If we receive a valid notice through privacy@picsart.com that a minor under age of 13 has provided us with personal information, we will take measures to delete it as soon as possible.

CALIFORNIA RESIDENTS

This section contains disclosures required by the California Consumer Privacy Act (“CCPA”) and applies only to “personal information” that is subject to the CCPA.

California Children Under 16 and Advertising. THE PICSART SERVICES THAT FEATURE ADVERTISING ARE NOT MEANT FOR CALIFORNIA-LOCATED PEOPLE UNDER 16. We do not knowingly collect information for use in connection with advertising from California children under the age of 16. If we receive a verifiable notice through privacy@picsart.com that a California minor under the age of 16 has signed up for an advertising-based PicsArt Services account and provided us with personal information, we will take measures to delete it as soon as possible. Additional details regarding California consumer rights follow below.

Personal Information We Collect and Disclose for Business Purposes.
We collect the following categories of personal information about California consumers from social networks, service providers and directly from California consumers and have disclosed this information in the past 12 months to third parties for business purposes: personal and online identifiers (i.e., username, email address, IP address, or unique online identifiers), internet or other electronic network activity information (i.e., advertisement interaction), geolocation information, and education information (for student discount verification purposes), as well as other information about California consumers that is linked to these categories of personal information. We also draw inferences from this information about your predicted characteristics and preferences. Business Purposes: our business purposes for use of California consumer personal information include the purposes described in this Privacy Policy, including, without limitation, marketing; auditing related to our interactions with you; legal compliance; detecting and protecting against security incidents, fraud, and illegal activity; debugging; performing services (by us or our service providers), such as account servicing and analytics; research for technological improvement; internal operations; activities to maintain and improve our services; and other one-time uses. We disclose the categories of personal information designated above to the following categories of third parties for business purposes: service providers; government entities; operating systems and platforms; and social networks.

Personal Information We Collect and Disclose for Advertising Purposes – Applicable to Subscriptions with Advertising Only.
In the event a California consumer has a PicsArt subscription that features advertisements, we collect and disclose the following information for the purpose of delivering relevant advertising: personal and online identifiers such as IP address and device identifiers, internet or other electronic network activity information (i.e., advertisement interaction), geolocation information, as well as other information about California consumers that is linked to these categories of personal information. We also draw inferences from this information about your predicted characteristics and preferences. We disclose the categories of personal information designated above to the following categories of advertising-related third parties: advertising/marketing companies; advertising networks; and social networks.

Your Rights Regarding Personal Information. California residents have certain rights with respect to the personal information collected by businesses. If you are a California resident, you may exercise the following rights regarding your personal information, subject to certain exceptions and limitations:

To exercise any of the above rights, please contact us using the following information and submit the required verifying information, as further described below: please email privacy@picsart.com or contact us using this address: PicsArt, Inc., Attn: Legal, One Market, Floor 32, San Francisco, CA 93105.

Verification Process and Required Information. Note that we may need to request additional information from you to verify your identity or understand the scope of your request, although you will not be required to create an account with us to submit a request or have it fulfilled. In the event you designate an authorized agent to make a CCPA request on your behalf, we will require verification of identity and authorization.

CONTACT US

For questions or concerns about PicsArt’s privacy policy or practices, please email privacy@picsart.com or contact us by mail at PicsArt, Inc., Attn: Legal, One Market, Floor 32, San Francisco, CA 93105.

CHANGES TO THIS PRIVACY POLICY

We may change this Privacy Policy from time to time. If we make any changes to this Privacy Policy that we think materially alter your rights, then we will post the latest policy to this site and change the "Last Updated" date above. We encourage you to review this Privacy Policy whenever you visit the PicsArt Service to understand how your information is used.