MiMedia Privacy Policy

Effective January 1, 2015
Last updated August 1, 2015

This Privacy Policy describes how MiMedia, Inc. (“MiMedia” or “we”) collects, uses and discloses information about users of the MiMedia mobile and desktop software applications and associated services (collectively, the “MiMedia Services”). This Privacy Policy constitutes an integral part of (and is incorporated by reference into) the Terms of Use that governs your use of the MiMedia Services.

Notice to California Residents – Your California Privacy Rights Under California Civil Code Section 1798.83 (known as the “shine the light” law), California residents have a right to request an information-sharing disclosure from a business to which they have provided personal information and which has disclosed the information to any third party for third-party direct marketing uses in the prior calendar year.

We do not knowingly share our users’ personal information with third parties for such third parties’ direct marketing uses, except with our users’ opt-in consent. California residents may send requests for information-sharing disclosure under this law to us via our Contact Us  page. Please note that, under this law, we are not required to respond to your request more than once in a calendar year, nor are we required to respond to any requests that are not sent to the above-designated email address.

Do Not Track (DNT) Disclosure: We do not currently respond to “Do Not Track” signals of web browsers.  However, should the industry establish uniform technological standards for recognizing and implementing “Do Not Track” signals, we would be open to following such industry standards. What Information We Collect ?

Personally Identifiable Information: This is information that identifies you personally, such as your name, email address, username and password, and payment card information. We do not collect Personally Identifiable Information from you unless you voluntarily provide it to us. We ask for and collect your Personally Identifiable Information when you engage in an identification activity on the MiMedia Services, such as creating an account, uploading and storing content files (“User Files”), sharing files with others, subscribing to one of our premium service plans, submitting a request or inquiry to us, etc. (each, an “Identification Activity”). Whether or not to disclose Personally Identifiable Information is completely your choice. However, without providing Personally Identifiable Information you will not be able to engage in or complete an Identification Activity. You must be at least 13 years of age to engage in an Identification Activity on the MiMedia Services.

  • Personally Identifiable Information also includes your contacts to the extent you voluntarily provide to us. If the MiMedia Services offer users the ability to store their contacts and you provide us with your contacts (names and email addresses, etc.), we will collect and store those contacts for you to use.

NOTE:

1. When you use the MiMedia Services to store files, we collect and store the files (including their metadata) you upload and save. We may view and collect your file system information (file folder names, file extensions, file types and sizes, etc.) as necessary to provide the storage service, but we do not view the contents of your files.

2. We do not collect your mobile device’s precise geo-location (i.e., GPS) information when you use the MiMedia Services. Please note, however, that when you use a GPS-enabled mobile device to take a photo or shoot a video, your mobile device’s location information may be captured in the metadata of your photo or video. Accordingly, when you upload your photo or video to the MiMedia Services for storage, any location information captured in the metadata of your photo or video will also be stored. We do not use any location information captured in the metadata of your photo or video file other than as necessary to provide the storage service to you.

  • Aggregate and Anonymous Information: This refers to information that does not identify you personally. For example, we and/or our service providers collect anonymous group data (demographics, interests and preferences, etc.) about users of the MiMedia Services, as well as traffic data pertaining to the use of the MiMedia Services. Moreover, we may combine User Activity Information (as defined below) about you and other users of the MiMedia Services to generate aggregate information that reflects activities, habits, preferences, interests, etc. about our users as a group. In addition, we may take Personally Identifiable Information and make it non-personally identifiable, such as by aggregating your information with information about other individuals, or by removing personally-identifiable elements (such as names) so as to “anonymize” or “de-personalize” your information.

NOTE: We use third-party analytics services (for example, Google Analytics) to collect and analyze usage and traffic information pertaining to the MiMedia Services. We do not use these third-party services to collect Personally Identifiable Information about our users. For more information about Google Analytics, see http://googleanalyticshelp.org/privacy-policy.

  • User Activity Information: This refers to information we collect about user activities on the MiMedia Services. For example, we and/or our service providers may use cookies and/or similar technologies to collect “clickstream data” about users, such as: IP addresses (which are numerical numbers that are automatically assigned to users’ computers and mobile devices when they are surfing the Internet), the type of browser you are using (e.g., Firefox, Internet Explorer), the type of operating system you are using, (e.g., Microsoft Windows or Mac OS), the domain name of your Internet service provider, the date, time and duration of your use of the MiMedia Services, the pages and content you viewed and other interactions with the MiMedia Services, the website you navigate to when leaving the MiMedia Services, etc. See the “Cookies and Similar Technologies” section below for more information.
  • NOTE: To the extent we use User Activity Information in a manner that identifies a user individually (e.g., if we link or associate such information with a particular user account), such information will be treated as Personally Identifiable Information. Otherwise, User Activity Information will be treated as Aggregate and Anonymous Information.

What We Do With the Information

The following describes how we use and share information (including Personally Identifiable Information and stored User Files) collected from and about users of the MiMedia Services:

  • To provide, operate, manage, maintain and improve the MiMedia Services: This includes using the information to enable, administer and manage users’ Identification Activities.
  • To share with others as directed by users: The MiMedia Services may include features that enable you to share your stored files with others. If you choose to use such features, your information and stored files will be made available to others as directed by you.
  • To communicate with our users: This includes informing you about changes to the MiMedia Services and changes in this Privacy Policy, the Terms of Use Agreement, or any of our other terms or policies pertaining to the MiMedia Services, responding to a request or inquiry you have made with us, sending you information about the MiMedia Services that may be of interest to you (such as new features, special offers, upcoming promotions, etc.). Please note that when you create an account on the MiMedia Services, your email address will automatically be added to our emailing list.

NOTE: If you provide us with your contacts (names and email addresses, etc.), we will only store and use those contacts as directed by you, including enabling you to use the applicable file-sharing feature of the MiMedia Services. We will not send any communications (e.g., emails) to your contacts, except as directed by you.

  • To share with co-sponsors: From time to time, we may conduct promotions with one or more third-party co-sponsors. As a condition of participation in such a co-sponsored promotion, we may ask for your affirmative consent to allow us to share your Personally Identifiable Information collected in connection with the promotion with our co-sponsor(s), with the understanding that our co-sponsor(s) may use the information for its/their own direct marketing purposes and that we will have no control over such use by our co-sponsor(s).
  • To share with our service providers: We use third-party service vendors to help us operate, manage, maintain and/or improve the MiMedia Services and they may need to access information collected from and about our users (including Personally Identifiable Information) in order to perform tasks for us. For example, when you subscribe to one of our paid subscription plans, we use a third-party service vendor (who adheres to the Payment Card Industry data security standards) to handle billing and process credit card payments relating to your subscription (see also the “Security” section below). We require that our service providers limit their use of our users’ Personally Identifiable Information solely to providing services to us and that they safeguard such information and not make unauthorized use or disclosure of the information.
  • To protect our rights, etc.: We may disclose user information (including Personally Identifiable Information) if doing so, in our good faith belief, is necessary to: (i) protect the rights, property, safety or security of the MiMedia Services, our users, and/or the public (including enforcement of the terms of this Privacy Policy and/or the Terms of Use Agreement); (ii) detect, prevent, or otherwise address fraud, security or technical issues; (iii) comply with law or legal process (including a court order or subpoena); and/or (iv) to cooperate with law enforcement (including investigation of an alleged or suspected crime, fraud or other illegal activity).
  • To complete a merger, sale of business or assets, etc.: If we are involved in a merger, acquisition, financing, or sale of business or assets, information collected from and about our users (including Personally Identifiable Information) may be transferred to one or more third parties involved in such transaction and, upon such transfer, the relevant third-party privacy policy or policies may govern further use of the information. In the event of such a change of ownership, we will endeavor to notify our users of the change as well as any choices our users may have regarding the change.
  • Use and sharing of Aggregate and Anonymous Information: Because of the anonymous, non-personally identifiable nature of Aggregate and Anonymous Information, there are no restrictions under this Privacy Policy on how we may use and share Aggregate and Anonymous Information.

Information Access, Retention and Choice

  • Information Access: If you are a registered user, you can log into your account to view and update your account information. If you encounter problems, please  Contact Us for assistance.
  • Data Retention: We will retain your Personally Identifiable Information for as long as you continue to use the MiMedia Services or maintain a MiMedia account, and as necessary to comply with our legal obligations, resolve disputes, and/or enforce an applicable agreement between you and us. Aggregate and Anonymous Information (including User Activity Information that is not personally identifiable) may be retained indefinitely.
  • Account Cancellation: If you wish to cancel your MiMedia account, please  Contact Us or log into the member self-service feature located at https://portal.mimedia.com/#account/edit. However, you acknowledge that we reserve the right to retain your information if doing so is necessary to comply with law or legal process (including a court order or subpoena), to cooperate with law enforcement (including investigation of an alleged or suspected crime, fraud or other illegal activity), or to complete a pending transaction, to resolve a claim or dispute, or to enforce an applicable agreement between you and MiMedia.

Opt-Out:

1. Marketing/Promotional Emails: To opt out of receiving marketing/promotional emails from us on a going-forward basis, please Contact Us or use the “unsubscribe” link provided in a marketing/promotional email you previously received from us.

NOTE: Your opt-out regarding our marketing/promotional emails will not stop email communications from us of a transactional or relationship nature or as required by law (e.g., communications regarding your account or a purchase, request or inquiry you have made with us, notices regarding changes to the MiMedia Services or changes in this Privacy Policy, the Terms of Use Agreement, or any of our other terms or policies pertaining to the MiMedia Services, or regarding an actual or suspected security breach that affects your Personally Identifiable Information stored by or for us, etc.).

2. Mobile Messaging: The MiMedia Services may include features that allow you to receive mobile messages/alerts from us. If you have signed up for one of our mobile messaging/alert programs, you may cancel and terminate your participation in such program at any time by replying STOP to a mobile message you have received, or by texting STOP to the short code used for the messaging program from which you wish to opt out (if you have enrolled in multiple messaging programs on the same short code and wish to opt out from all those programs, text STOP ALL to the short code).

Cookies and Similar Technologies 

  • Our Use of Cookies and Similar Technologies: Cookies are small data files that websites and online services send to and store on your computer or mobile device through your web browser (if you allow). Cookies enable websites and online services to recognize your browser and record certain information about your visits. We use cookies on the MiMedia Services to help us remember who you are, to enhance and personalize your experience, to understand and save your preferences for future visits, to compile information about our users, and to carry out other tasks relating to the operation or improvement of the MiMedia Services. We may also use information collected from cookies together with Personally Identifiable Information we have collected from our users. We do not, however, use cookies to access information on your computer or mobile device. Most web browsers are initially set to accept cookies, but you can change your browser settings to notify you when you are sent a cookie, giving you the ability to accept or reject it, or you can choose to routinely and manually delete cookies stored on your computer or mobile device. Each time you revisit the MiMedia Services, your ability to restrict our use of cookies on that service is subject to your browser settings and limitations at the time. Please note that if you choose to disable or reject cookies from the MiMedia Services, the MiMedia Services or portions thereof may become inaccessible or may not function properly.

For more information on how to manage cookies, visit http://www.aboutcookies.org/.

To manage Adobe Local Shared Objects (also known as LSOs or Flash cookies), visit http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager07.html.

We may also use “web beacons” (also known as “clear GIFs,” “pixel tags,” etc.) – which are small bits of code embedded in web pages or in emails – to deliver or communicate with cookies, to count users who have visited a web page, and to understand usage patterns. We may include web beacons in emails to help us recognize activities such as when an email was opened, how many times an email was forwarded, which links in the email were clicked on, etc.  Web beacons cannot be declined when delivered via a regular web page. However, web beacons can be refused when delivered via email. If you do not wish to receive web beacons via email, you will need to disable HTML images or refuse HTML (select Text only) emails via your email software.

  • Third-Party Use of Cookies and Similar Technologies: We may allow third parties including so-called “network advertisers” or “ad networks” (collectively, “Third-Party Advertisers”) to serve and manage advertisements on the MiMedia Services. Third-Party Advertisers may set and use their own cookies, web beacons, etc. on your computer or mobile device when you interact with their ads. These third-party cookies, web beacons, etc. allow Third-Party Advertisers to recognize your computer or mobile device each time they send you an ad and to compile information about your interactions with their ads. Use of cookies, web beacons, etc. by third-party advertisers is governed by the privacy policies of such third-party advertisers – and not by this Privacy Policy. We have no control over what information is collected by third-party advertisers or how they may use the information. The privacy policies and data practices of third-party advertisers may significantly differ from those of MiMedia, and we make no representation or warranty whatsoever about third-party advertisers’ data policies and practices.

In addition, Third-Party Advertisers may use cookies, web beacons, etc. to collect, compile and use information about your activities on the MiMedia Services and on third-party websites and services for purposes of serving you interest-based advertising. For more information regarding online advertising and data practices of some of these Third-Party Advertisers and how to opt out of their use of your information, please visit:

http://www.aboutads.info/consumers/

http://www.aboutads.info/how-interest-based-ads-work http://www.aboutads.info/choices/

http://www.networkadvertising.org/choices/

  • Use of Google Analytics: We use Google Analytics to collect and analyze information about our users’ demographics and interests, in order to measure and improve the MiMedia Services. We may also make use of other Google Analytics for Display Advertising features, such as Remarketing, Google Display Network Impression Reporting and/or the DoubleClick Campaign Manager integration. We are required by Google to disclose the following in connection with use of any Google Analytics for Display Advertising features:

1. You may opt out of Google Analytics for Display Advertising or customize Google Display Network ads by using the Google Ads Settings page at https://www.google.com/settings/ads?hl=en. You may also prevent your data from being collected and used by Google Analytics by opting out through the use of the Google Analytics Opt-out Browser Add-on which can be downloaded at https://tools.google.com/dlpage/gaoptout.

2. If we use the Google Analytics for Display Advertising Remarketing feature, we will use such Remarketing feature to advertise online and third party vendors, including Google, may show MiMedia ads on sites across the Internet.

3. We and third party vendors, including Google, may use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the DoubleClick cookie) together to (i) inform, optimize and serve ads based on a user’s past visits to the MiMedia Services, and/or (ii) report how your ad impressions, other uses of ad services, and interactions with these ad impressions and ad services are related to visits to the MiMedia Services.

Data from Google Analytics Demographics and Interest Reporting may be utilized by us to help recognize and understand user preferences, to make improvements to the MiMedia Services, to choose content and advertising to display to you, and for other business purposes that will allow us to better serve you.

Security

We use commercially reasonable measures to safeguard the security of the MiMedia Services. When you register to create an account on the MiMedia Services, your Personally Identifiable Information will be transmitted to us in encrypted form using the industry standard Secure Socket Layer (SSL) technology. When you use the MiMedia Services to store content files, during the upload process your content files will also be encrypted using the SSL technology. We do not, however, store your Personally Identifiable Information (except for your account password) or your content files in encrypted form once the registration or upload process is complete. We use reasonable physical security measures to limit access to our users’ account information and stored content files to only those of our employees, agents, contractors and service providers who need to access such information and files in order to perform tasks for us and who are bound by confidentiality agreements that prohibit disclosure and misuse of such information and files. We also take commercially reasonable steps to verify the identity of users before they are permitted to access stored information and to change user information (for example, your password or username); however, you are responsible for the safekeeping of your username and password.

When you subscribe to one of our paid subscription plans, we use a third-party service vendor to handle billing and process credit card payments relating to your subscription. Such vendor is PCI-compliant, meaning that it complies with the Payment Card Industry (“PCI”) data security standards with respect to your credit card information. For security reasons, MiMedia does not receive, store, or have access to your credit card information.

Despite our efforts, no method of electronic transmission or storage is 100% secure and, therefore, we cannot guarantee the security of our users’ account information and stored files. We will endeavor to notify our users if and to the extent required by law, in the event we become aware of a breach or suspected breach of the security of the MiMedia Services that affects our users’ account information and/or stored files. However, you understand and acknowledge that we are not liable for any breach of security resulting from causes or events that are beyond our control, including, without limitation, your own act or omission, corruption of storage media, defects in third-party data security products or services, power failures, natural phenomena, riots, acts of vandalism, hacking, sabotage, or terrorism. By providing your email address to us, you acknowledge and agree that we may notify you via email regarding an actual or suspected security breach.

Protecting Children

The MiMedia Services are not intended for or directed to children under the age of 13.  You must be at least 13 years of age to engage in an Identification Activity on the MiMedia Services. We do not knowingly collect personal information from anyone under the age of 13. Users between the age of 13 and 17 should only access the MiMedia Services with parental supervision and consent.

Changes to Privacy Policy

If we make material changes to this Privacy Policy, we will announce and post such changes on the MiMedia Services for the general public. If you have provided your email address to us, we may also notify you of such material changes via email. If you have an active account with us, we may ask you to affirmatively consent to and accept the changes at the time of your next account log-in. By continuing to use the MiMedia Services after such notice and/or consent, you are bound by this Privacy Policy as modified.

Contact Us

For privacy related questions, requests or concerns, please Contact Us for assistance.