WHO WE ARE We are Color Labs, Inc., doing business as Color. We work at 201 Hamilton Avenue, Palo Alto, CA 94301. We created an app for your smart phone, tablet computer or anything else that allows our app to function (your “Device”) and we have created a Facebook app – our app links with our Facebook app in order to access and create Facebook content for you. We also maintain a website on which your images and videos are collectively displayed. We collectively call the apps “App” and the website “Site.” The action a user takes on our App is directly reflected on Facebook and vice versa. This is our Privacy Policy and it applies to our App and Site. If you have questions about our Privacy Policy, please send an email to privacy@color.com. We last updated this Privacy Policy on December 12th, 2011. We’ll update you before our practices change. As we offer more interesting options for you, our policy may change. Color’s Privacy Policy is designed to help you understand what information we collect and how we collect, share, and use the information. By using or accessing the App and/or Site, you are accepting the practices described here and on Facebook’s privacy policy. You may only use the App through the Facebook Connect feature, which means you have already agreed to Facebook’s terms and conditions. Accordingly, we do not knowingly collect information from minors under the age of 13 and our App and Site aren’t intended for minors under the age of 13.
HERE’S WHAT WE COLLECT WHEN YOU DOWNLOAD AND USE OUR APP
Collectively, we call the foregoing data your “Personal Information.” If you choose to use our invitation service to tell friends about our App and Site or invite them to collaborate on public or private albums, your friends will be invited via wall posts on Facebook. Like most websites we store certain information automatically, which we call “caching.” This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, your Images, and Images you view. This cached data remains on your phone and you can delete it yourself (we cannot); whatever cached data we have stored on our system is deleted roughly every 2 days automatically.
HERE’S WHO SEES YOUR IMAGES You may take pictures and create albums through the Color App. When you take a photo through the Color App, you are allowed to designate the album into which the photo will reside, or you can simply use the default album (“Mobile Album”). Once you take a photo, that photo is immediately posted to your Facebook page, and your friends may view it according to your personal privacy settings on Facebook. Make sure you check those settings so you know how and where your Images will appear. Any Images you take, and any pictures your friends have posted on Facebook (regardless of whether they used the Color App), will also be viewable through the Color App. Color displays, but does not store your friends’ Images. Color stores only Images taken through the Color App. Your Images may be seen in other ways using our added features. Group Albums. When you create an album using the Color App, you may invite your Facebook friends to contribute to that album (“Group Album”). You will see your invited friends’ (“Invited Friends”) photographs when you view your Group Album through the App, but currently, you will not see their photographs in your Group Album on your Facebook page Invited Friends’ photographs will only be stored on their own Facebook pages and viewable consistent with their privacy settings. All the Facebook friends of all the contributors of the Group Album may view all photographs within a Group Album in the Color Environment. Visiting. The Color App lets you both post your content to Facebook and stream content live to your friends. When a Facebook friend views a photograph on their Device or computer, that you posted, and clicks on the VISIT icon, you will be sent a Visit request. If you accept the Visit request, then you can use your phone as a live-streaming device (we call this “Hosting”), and anyone from whom you accept a Visit request will see what you see and, subject to your personal privacy settings on Facebook, anyone in your Facebook network will be notified that you are Hosting the Visit. In essence, your camera becomes a mechanism to broadcast what you see live. Once the Site is running, we will collect non-personally-identifiable information including your browser type, operating system, domain names, and IP Address. We use different types of technologies to collect this information, including single-pixel GIFs, and cookies. A cookie is a piece of data stored on the user’s computer tied to information about the user. We use session ID cookies to confirm you are logged in.
HERE ARE OUR RULES Please refer to the Terms of Service located here for specific guidelines on how to use this App and Site. Color is a social sharing service and it’s meant to be used for entertainment and fun. Please don’t do anything other than that. We trust you understand: any improper collection or misuse of information obtained using the Color App or Site – personal or otherwise – is a violation of the Color Terms of Service and Privacy Policy and may result in termination of your ability to use the Color App and Site. If you believe someone is improperly using the Color App or Site, such use should be reported to privacy@color.com. By using the Color App and Site, you are consenting to have your Personal Information transferred to and processed in the United States.
HERE'S HOW WE USE YOUR INFORMATION In general, information you submit to us is used either to respond to requests that you make or to aid us in serving you better, including to fix technical problems, provide administrative services, and monitor traffic, the number of visitors, and the effectiveness of programs. We may provide these services ourselves or share the information with partners who will provide the services for us. We may use aggregated user data to market the App, the service, or the Site to others. We may use your Personal Information to provide you with updates and offers, such as alerts, and other value-added services, and to notify you of important changes to the App and Site. If you do not want to receive such notifications, you must uninstall the App. If we have provided any third party with your Personal Information (with your permission) and you subsequently opt-out by uninstalling the App, you will have to contact the third-party directly with your opt-out request(s). We display your Facebook Profile information as you have provided it to Facebook on the App and on our Site. The information we display is updated roughly every 24 hours, so if you change your Facebook Profile information, there may be a delay of up to 24 hours in updating your information in the App and/or Site.
HERE’S HOW WE SHARE YOUR INFORMATION We may provide Personal Information to other service providers to help facilitate our business, such as to host the service at a co-location facility for servers, to send you products, to update you through notifications about Color, and to provide you with access to third party links and information. If we provide any of the information collected from you with a third party, their use of that information will be governed by their privacy policy. We may be required to disclose Personal Information pursuant to a subpoena, legal investigation or enforcement proceedings. We may release your Personal Information under exigent circumstances. If there is a change in Color’s ownership or a partnership, Personal Information may be transferred to the new owner so the service can continue operations.
UNSUBSCRIBING If you are not comfortable with the privacy disclosures here, you should uninstall the App, which will cease collection by Color of any Personal Information. Please note that there will be a period of up to 5 business days where your Personal Information may be cached. To have your previous information removed from our servers, you can send an email to privacy@color.com with the words UNSUBSCRIBE in the subject line and the mobile phone number from which you downloaded the App in the body of the email. Please allow up to 5 Business Days for removal of personal information. Your information may still remain on Facebook, depending upon your privacy settings. Color has no ability to remove your information from Facebook, or any third party site to which you or your friends may have transferred your Images.
INTERNATIONAL SAFE HARBOR DISCLOSURES Color’s App and Site are hosted in the United States. If you are visiting from the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that you are transferring your personal data to the United States. By providing your personal data you consent to: the use of your personal data for the purposes listed in this Privacy Policy; and the transfer of your personal data to the United States as indicated above. We make commercially reasonable efforts to comply with the U.S.-EU Safe Harbor Principles and the U.S.-Swiss Safe Harbor Principles. Color is compliant with those principles as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries and Switzerland. We have certified our adherence to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, and to view our certification page, please visit http://www.export.gov/safeharbor/.
Privacy Complaints by European Union Citizens In compliance with the Safe Harbor Principles, Color commits to resolve complaints about your privacy and our collection or use of your personal information. European Union citizens with inquiries or complaints regarding this privacy policy should first contact Color at privacy@color.com. Color has further committed to refer unresolved privacy complaints under the Safe Harbor Principles to an independent dispute resolution mechanism, the BBB EU SAFE HARBOR, operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed by Color, please visit the BBB EU SAFE HARBOR web site at www.bbb.org/us/safe-harbor-complaints for more information and to file a complaint.