Commitment

Privacy comes first and foremost at Pictorious. Your privacy is critically important to us. This privacy policy is effective “Sep 15, 2016”; it outlines what info we might collect from a registered user or visitor and what we will and will not do with it.

When This Privacy Policy Applies


This Privacy Policy applies whether you are accessing Pictorious via a personal computer, a mobile device or any other technology or devices now known or hereafter developed or discovered (each, a "Device") and whether you are accessing Pictorious as a registered user or other user of Pictorious.


This Privacy Policy governs only the Personal Information and Other Information (as those terms are defined below) collected by Pictorious and does not cover any such information collected in any other manner, or by any other website offered by Pictorious, the Parent Companies and/or any subsidiaries and affiliates of the Parent Companies (collectively, "Affiliates") or collected by any other company, unless specifically stated.


This Privacy Policy will remain in full force, regardless of whether your use of our Services terminate, cease, expire, is suspended, or deactivated for any reason. If you do not agree with this Privacy Policy, please do not participate in Pictorious, including any features, activities, or services offered through our Services.
U.S. Governing Law; Safe Harbor
Pictorious is designed and targeted to U.S. audiences and is governed by and operated in accordance with the laws of the U.S. We make no representation that Pictorious is operated in accordance with the laws or regulations of, or governed by, other nations. By using Pictorious, and any other features, activities, or services offered by Pictorious, you certify that you meet the age and other eligibility requirements for Pictorious as set forth in our Terms of Service Agreement, as applicable. If you do not meet our age and eligibility requirements set forth in our Terms of Service Agreement, please discontinue your use of all Pictorious platforms immediately, as your continued use of our Services indicates your agreement with the collection, use, disclosure, management and storage of your Information as described in this Privacy Policy

Information Collection and Usage


Collection and Use of Personal Information and Other Information (Other than Wireless Marketing Services and Associated Promotional Opportunities)
When we use the term "Personal Information" we mean information that would allow someone to identify you or contact you, such as your full name, postal address, e-mail address or telephone number. When we use the term "Other Information," we mean any information other than Personal Information that may be collected about you (Personal Information and Other Information, together, the "Information").
a. Information We Collect that You Provide Us.
i. User Registration
To the extent we offer user registration for Pictorious, to register as a member, you are required to select a user name and password (together, your "User ID") and may also be required to provide other Information, such as your email address. Additional Information may be requested during the registration process (but not required).
ii. In Connection with Certain Features and Functions
We may also provide you with access to certain features or functions that we may offer through our Services, such as the option to subscribe to a selection of free email newsletters and other periodic information, chat rooms, message boards, electronic mail services, messaging services, auctions, shopping, registration and member profile pages. To sign up for or participate in these features or functions, you may be required to provide us with certain Information about you in order for us to personalize and/or allow you to use such features and functions.
If you purchase any Pictorious merchandise (as defined in the Terms of Service Agreement ), in addition to your name and contact information, we will also collect and may maintain your billing address, shipping address, purchase selections, purchase history, your credit card or other payment instrument information, your order number and information about your computer's internet address and website which may have referred or directed you to the Site (e.g., the referring URL). Your credit card or debit card number is collected via a secure transmission.
iii. In Connection with Promotions such as Contests and Sweepstakes
There may be a separate registration process to enter Promotions such as contests and sweepstakes which may require the submission of all or some of the following: your submission photo or video, your first and last name, street address, city, state and zip code, email address, telephone number and date of birth. Additional Information may be requested depending on the specific Promotion, but submission of such Information may be optional. The Promotion's entry page and/or Rules will provide the specific requirements. You may also have the opportunity to opt-in to receive special Promotions or offers from our third party advertisers, sponsors or promotional partners ("Advertisers") as a result of your use of the Site in connection with many of these types of Promotions.


b. Information Collected Through Use of Cookies and Other Tracking Technologies.
"Cookies" (which may be html files, or other technology) are text files that help store user preferences and activity. "Web beacons" (also known as image tags, gif or web bugs) are small pieces of code used to collect advertising data, such as counting page views, promotion views or advertising responses. Pictorious and/or third parties may use "cookies", "web beacons" and other similar tracking technologies (collectively, "Tracking Technologies") to collect Other Information automatically as you browse the Site and the web.
We may use Tracking Technologies to help tailor our content, to allow you to move between associated sites without logging into each site, understand site and internet usage, improve or customize the content, offerings or advertisements on Pictorious, personalize your Pictorious experience (for example, to recognize you by name when you return to Pictorious), understand your interactions with email messages (such as the links clicked on and whether the messages were opened or forwarded), save your password in password-protected areas, save your online game or video player settings, enable you to use shopping carts on the Site, help us offer you products, programs or services that may be of interest to you, deliver relevant advertising, maintain and administer the Site and for other purposes described in the "Use of Information", "Other Information Collected By Us" section below. These Tracking Technologies collect "click stream" data and additional Other Information regarding your visits to the Site, such as your visits to the Site's webpages, use of our features, and purchasing history or preferences and may also collect your IP address or some other identifier unique to the Device you use to access the Site ("Identifier"). An Identifier is automatically assigned to any Device you use to access the Site. Your Personal Information is not collected as part of this process but we may associate Other Information collected by Tracking Technologies with Personal Information.
By visiting Pictorious, whether as a registered user or otherwise, you acknowledge, understand and hereby agree that you are giving us your consent to track your activities and your use of Pictorious through these Tracking Technologies and that we may use Tracking Technologies in the emails we send to you.
Pictorious may additionally use a variety of third party advertising networks, data exchanges, traffic measurement service providers, marketing analytics service providers and other third parties (collectively, "Third Party Advertising Service Providers") to, for example, serve advertisements on Pictorious, facilitate targeting of advertisements and/or measure and analyze advertising effectiveness and/or traffic on Pictorious ("Targeting Services"). These Third Party Advertising Service Providers may enable us to display advertisements based on your visits to the Site and other websites you have visited. Targeting Services enable us to, among other things, help deliver advertisements or other content to you for products and services that you might be interested in, to prevent you from seeing the same advertisements too many times and to conduct research regarding the usefulness of certain advertisements to you.
These Third Party Advertising Service Providers do not have access to Tracking Technologies set by Pictorious except to the extent necessary to provide services to Pictorious. The Third Party Advertising Service Providers, as well as Advertisers and other third parties, may themselves set and access their own Tracking Technologies on your Device if you choose to have Tracking Technologies enabled in your browser (or, for Flash cookies, if you have not removed them) and/or they may otherwise collect or have access to Information about you and your online activities over time and across different websites when you use Pictorious.
Opting-Out of Certain Uses of Your Personal Information and Other Information (Other than Wireless Marketing Services and Associated Promotional Opportunities)
a. Opting-Out of Certain Uses of Personal Information
i. In Connection with Marketing and Promotional E-mail and Offers
You may "opt-out" of receiving marketing and promotional e-mails from us at any time by going to the Site's home page, logging in, clicking the "Account" link, to (1) deactivate your account or (2) change or edit your preferences. You may also use the opt-out mechanism that is contained in each such email. Please note that when you opt-out of receiving marketing and promotional e-mails from us, you are not opting out of receiving newsletters from us that you have requested. Further, when you use the opt-out mechanism that is contained in an email, you are not opting out of receiving marketing and promotional e-mails from other advertisers. Please see Section 4.a.ii below for your newsletter options.
ii. In connection with Newsletters and other Editorial-based E-mails
To the extent the applicable Site offers newsletters or other editorial-based emails, to manage your newsletter preferences, you may click on the newsletter link provided in the footer of our website to select which newsletters you receive, follow the unsubscribe link in the applicable newsletter or unsubscribe. Please note that when you opt-out of receiving any or all newsletters and other editorial-based e-mails from us, you are not opting out of receiving marketing and promotional e-mails from us. Please see Section 4.a.i above for your marketing and promotional e-mail options.
iii. In Connection with Wireless Marketing Services
See "Termination of Wireless Services by Users" under the "Wireless Marketing Services and Associated Promotional Opportunities" Section for more information on how you may unsubscribe from receiving text messages.
iv. Certain Continuing Rights Regardless of Opt-Outs
However, even if you exercise your opt-out rights above, we, or our Parent Companies or Affiliates, may further contact you to respond to your direct inquiries and/or communications.
b. Opting-Out of Use of Certain Other Information Collected by Tracking Technologies.
i. Tracking Technologies Set By Third Party Advertising Service Providers and Advertisers
With respect to the Tracking Technologies set by Third Party Advertising Service Providers and Advertisers, you have a number of options:
Third Party Advertising Service Providers and Advertisers may collect Other Information about you when you visit this Site to help identify products and services that may interest you and deliver advertising tailored to your interests.
You can opt-out of the use of Other Information for these advertising purposes by two such Third Party Advertising Service Providers, Adobe AudienceManager (formerly known as Demdex) and DoubleClick/Google, by using those Third Party Advertising Service Providers' opt-out tools. You can access Adobe AudienceManager/Demdex's tool athttp://www.donottarget.com/ and DoubleClick's tool at http://www.google/com/intl/en/privacy/ads/ or as described in the next bullet point.
We also may from time to time permit other Third Party Advertising Service Providers and Advertisers to collect Other Information on the Site. Some of these Third Party Advertising Service Providers and Advertisers may participate in the Network Advertising Initiative's Opt-Out Tool and/or the Self-Regulatory Program for Online Behavioral Advertising. Please click on the links to these tools to learn more about your choices.
Please note the following with respect to opting out:
The opt-out tools discussed above are "cookie based." This means that the tools rely on cookies to remember your choices with respect to the use of your information by the parties that offer you those choices. If you delete Tracking Technologies using the controls in your Web browser (a process described below) after opting out, you may have to opt out again to re-establish your opt-out preferences.
Opt-outs are "browser-specific." The opt-out preferences that you choose will apply only to the Web browser that you used when you selected these preferences. This means, for example, that if you opt-out while using Internet Explorer 9, this choice will not affect the use of Other Information collected by Tracking Technologies when you use Mozilla Firefox on the same Device. It also means that opting-out on one Device will not affect the use of Other Information by Tracking Technologies on other Devices that you may use to access Pictorious.
ii. Tracking Technologies Set By the Site.
You can choose to have the Device you use to access Pictorious warn you each time a cookie or most other Tracking Technologies is being set (other than Flash cookies), or you can choose to turn off such warnings. This is done through your browser on the Device you use to access Pictorious. Additional information on warnings and removal of warnings may be available through your browser's support feature.
Pictorious is committed to complying with the Self-Regulatory Principles for Online Behavioral Advertising.
Some Device manufacturers may preset their browsers to block Tracking Technologies from websites other than those you visit directly and, if so, certain services or advertisements may not work for such Devices. Further, if you delete, reject, disable or turn off Tracking Technologies, you may not have access to certain features of Pictorious and some of our other services may not function properly.
iii. Flash Cookies
Please note that deleting, rejecting, disabling or turning off Tracking Technologies set by Third Party Advertising Service Providers and Advertisers and set by this Site through the above options will not remove Flash cookies. For more information about Flash cookies and how to remove them from your computer, please visit http://kb2.adobe.com/cps/526/52697ee8.html4.
iv. Do-Not-Track Signals and Similar Mechanisms.
Some web browsers may transmit "do-not-track" signals to the websites with which the browser communicates. We currently do not take action in response to these signals. Instead, as described above, please see the link to the Self-Regulatory Principles for Online Behavioral Advertising program that we follow that offers you choice regarding Information collected for online behavioral advertising purposes and the browser cookie controls and other mechanisms described in Sections 4(b)(i), (ii) and (iii).
Wireless Marketing Services and Associated Promotional Opportunities
Pictorious may provide users and viewers with the opportunity to register for special Promotions, services, news, programming and information delivered via text messaging and other wireless devices such as mobile phones and, in the event we do so, users are required to provide their consent to receive such information from Pictorious, either by registering on the Site or via their wireless device. Such services and promotional opportunities are provided by the Parent Companies and/or Affiliates of Pictorious. The Information requested as part of the online registration process may include a user's telephone number or a wireless email address, but only if specifically requested. Additional Information may be requested for specific Promotions, such as a user's preferences regarding goods or services, choices of music or artists, or other similar survey information. Depending on the Promotion, we may also collect an Internet email address or other Information and, depending on the Information collected, the user may also be required to confirm his or her agreement to this Privacy Policy and the Terms of Service Agreement.
Please be aware that most wireless transmissions are not secured. Therefore, there is an increased risk of an unknown third party's interception of messages or your Personal Information when using a wireless communications device.
a. Registration
With respect to our wireless marketing services, we provide two registration methods for Pictorious’s wireless marketing services. Standard rate Promotions will be subject to either the "single opt-in" or the "double-opt-in" (Site/SMS) method, at our discretion, depending on the type of Promotion. Premium rate services will require the "double opt-in" (Site/SMS or SMS/SMS) method.
i. Single Opt-in Method:
In response to print, radio, television, Internet, or other promotional messages, you will be directed to send a specific word or code via text message to a designated telephone number to register for the service promoted. Your voluntary submission of the designated word or code to Pictorious signifies that you have freely and affirmatively granted permission to Pictorious to send you text messages. Pictorious will thank you for your registration by sending a "Thank you" message. You may terminate the service at any time by using the unsubscribe command in any text message from Pictorious or by sending a text message to Pictorious that says "STOP", "END", "CANCEL", "REMOVE", "UNSUBSCRIBE" or "QUIT."
ii. Double Opt-in (Site/SMS) Method:
In response to print, radio, television, Internet, or other promotional messages, you will be directed to this Site to start the registration process. You must affirmatively consent to Pictorious sending you wireless messages to your mobile device by submitting a telephone number (or wireless email address, only if requested by Pictorious) and by clicking the consent statement on the Site's registration page. You must also agree to Pictorious’s Privacy Policy and Terms of Service Agreement before the online registration process is completed. Pictorious will then send a "Confirmation" message to your mobile device and will request that you confirm that you have agreed to receive messages from Pictorious to that particular telephone number (or other mobile device). You must then respond to the "Confirmation" message with a text message that states "YES" or "Y" that will indicate your acceptance of Pictorious's wireless marketing service. Until you respond to the "Confirmation" message, you are not registered for the specific wireless marketing service subject to the Promotion. You may respond to the "Confirmation" message at any time provided that Pictorious may choose to terminate offering wireless marketing service at any time and your response to the "Confirmation" is only valid if the response is received while Pictorious continues to offer the specific wireless marketing service.
b. Termination of Wireless Services by User
Regardless of the opt-in method you used to register, you may revoke your consent for Pictorious to send you messages by using the unsubscribe mechanism provided by Pictorious at the time the message is sent, or by sending a text message that says "STOP", "END", "CANCEL", "REMOVE", "UNSUBSCRIBE" or "QUIT." Pictorious will terminate the user's registration for the most recent wireless service sent you. Any of these words followed by the word "ALL" in your termination request will cancel all of your registered wireless services with Pictorious. If you unsubscribe from one or all of Pictorious’s service(s), the service(s) will be terminated immediately and will cancel your previous opt-in.
c. Termination of Wireless Services by Pictorious
By registering with Pictorious, you certify that you understand, acknowledge, and agree that Pictorious may, in its sole discretion and without liability to you, terminate its offer of any specific wireless marketing service or all wireless marketing services at any time without advance notice. Pictorious may provide notice of terminations or changes in services on this Site, or the Pictorious mobile application.
Sharing and Disclosure of Personal Information and Other Information
Use of Information
Pictorious will not use a wireless telephone number, wireless or conventional Internet email address, or other Information submitted for its wireless marketing services for any other purpose but to provide the service requested, unless we provide advance notice of any other use. We will not share any Personal Information with Advertisers or other third party marketers unless you opt-in to such disclosure. We will share Personal Information with the operational service providers that assist us in delivering these wireless services to you and with the Parent Companies and Affiliates.
As set forth in this Privacy Policy, we may share Information with our Affiliates.
i. Personal Information. We, and/or Affiliates, use the Personal Information we collect from you in a variety of ways, including:
Sending marketing and promotional e-mails or, subject to the Wireless Marketing Services and Associated Promotional Opportunities Section, text messages offering the purchase of goods and/or services that may be of interest to users, whether those goods and/or services are provided by the Site, the Parent Companies, Affiliates or third parties (for example, we may send you an email about a product sold by a third party);
Processing your registration with Pictorious, such as verifying that your e-mail address is active and valid;
Contacting you regarding the administration of your account, any services, features or functions you have enrolled in or registered to use, any Promotions you have participated in or have entered, any goods and/or services or Products you have ordered or any other transactions you have undertaken with Pictorious;
Allowing you to participate in the public areas and/or other features of Pictorious;
Responding to your questions, concerns, and requests;
Contacting you regarding the administration of your account, any services, features or functions you have enrolled in or registered to use, any Promotions you have participated in or have entered, any goods and/or services or Products you have ordered, and any other transactions you have undertaken with Pictorious;
Contacting you regarding your use of Pictorious, for informational purposes related to our Services, in our discretion, regarding changes to Pictorious’spolicies;
Improving our Services and for internal business purposes;
Tailoring your Pictorious experience and/or otherwise customizing what you see when you visit Pictorious;
Saving your User ID or other Personal Information, so you don't have to re-enter it each time you visit the Site;
To otherwise maintain and administer Pictorious and
For other purposes disclosed at the time you provide the Personal Information.
ii. Other Information Collected by Pictorious
Keeping count of your return visits to Pictorious, it’s Parent’s, Affiliates', Advertisers' or partners' sites;
Accumulating and reporting aggregate, statistical information in connection with Pictorious Services and user activity
Determining which features, webpages, products and services users like best to, among other things, help us operate the Site and mobile application, enhance and improve our services and the Site and mobile application’s display advertising and marketing information;
Preparing statistics reports;
Allowing you to participate in the public areas and/or other features of Pictorious;
Improving Pictorious or our services and for internal business purposes;
Tailoring your Pictorious experience and/or otherwise customizing what you see when you Pictorious;
Saving certain Other Information for use on your return visits to Pictorious;
Otherwise to maintain and administer Pictorious
For the uses described for "Personal Information" above and
For other purposes disclosed at the time you provide the Other Information.
iii. Other Information Collected by Third Party Advertising Service Providers and Advertisers
The use of Tracking Technologies by Third Party Advertising Service Providers and Advertisers is within their control and not ours. Even if we have a relationship with the Third Party Advertising Service Provider or Advertiser, we do not control their websites or their policies and practices regarding your Information and you should be aware that different rules might apply to the collection, use or disclosure of your Information by third parties in connection with their advertisements or promotions and other sites you encounter on the Internet. This Privacy Policy does not cover any use of Information that a Third Party Advertising Service Provider or Advertiser may directly collect from you. Use of Third Party Advertising Service Providers' and Advertisers' Tracking Technologies is governed by the Third Party Advertising Service Providers' or Advertisers', as applicable, own specific privacy policies and not this Privacy Policy. However, please see "Opting-Out of Certain Uses of Your Personal Information and Other Information (Other than Wireless Marketing Services and Associated Promotional Opportunities)” Section for more information on how to opt-out of the collection and/or use of Information collected by certain Third Party Advertising Service Providers.
Sharing and Disclosure of Personal Information
Generally, we do not sell, rent, lease or disclose your Personal Information to third parties, unless you consent to such disclosure or as described in this Privacy Agreement.
i. Disclosure to Parent Companies and Affiliates
We may disclose Personal Information to Parent Companies and Affiliates for marketing and/or administrative purposes. You can choose to opt-out of certain such uses as described in the "Opting-Out of Certain Uses of Personal Information" Section above.
ii. Disclosure of Certain Information in Postings Intended to Be Disclosed
Certain Personal Information associated with a Posting may be intended for disclosure ("Posting Information"), such as username. We will disclose Posting Information in connection with the display of, and other services relating to, such Posting.
iii. Disclosure In Connection with Co-Branded Services and Features
Pictorious may also offer co-branded services and features, such as events and Promotions that we put together with another company or our Parent Companies or Affiliates ("Co-Branded Partner") and that may be hosted on the Site and/or our Co-Branded Partner's website. We may share your Personal Information with our Co-Branded Partner and your voluntary use of or participation in a co-branded service or feature means that you opt-in and give your affirmative consent to both the Site and our Co-Branded Partner to collect the Information provided in connection with the specific co-branded feature or service and to use such Information for the fulfillment of the feature or service and for marketing or administrative purposes. The Co-Branded Partner will be identified on the co-branded feature or service, along with the Co-Branded partner's privacy policy. If you wish to opt-out of a Co-Branded Partner's future use of your Personal Information for marketing purposes, you will need to contact the Co-Branded Partner directly and the use of such information by Co-Branded Partner is subject to Co-Branded Partner's privacy policy.
iv. Disclosure to Operational Service Providers
Pictorious reserves the right to disclose your Personal Information and Other Information to third parties for the purpose of administering and maintaining the Site's services, features, functions and operations. We will refer to these third parties as "operational service providers". We use operational service providers to efficiently provide the full range of content, activities, services, features and functions we bring you and we disclose your Information to operational service providers for the purpose of providing services to us.
v. Disclosure to Certain Other Third Parties
In addition to the above, we will make your Personal Information and Other Information available to certain third parties in the following limited circumstances:
When we are compelled to do so by a governmental agency, court or other entity (e.g., to respond to subpoenas, court orders or legal process) or if requested by a governmental agency or other authority as part of an investigation;
If we believe your actions violate any law, rule, regulation and/or the Terms of Service Agreement,including, without limitation, this Privacy Policy, Rules or Additional Terms;
In connection with Promotions, as necessary to administer the Promotion or as required by applicable laws, rules or regulations (for example, to provide winners' lists or make required filings as appropriate);
If you opt-in or otherwise agree to have your Personal Information shared with or otherwise disclosed to a third party for marketing purposes, in which case the third party's use of your Information is subject to the third party's own privacy policy;
If, in our sole discretion, we believe such disclosure to be necessary or appropriate: to investigate or resolve possible problems or inquiries; to protect our business and assets or the rights, property or safety of Pictorious, the Parent Companies, the Affiliates, or any of its or their operational service providers, licensors, suppliers, Advertisers, customers, users, or any other party; to limit our legal liability; to defend our interests; to enforce this Privacy Policy or the Terms of Service Agreement and/or to comply with our legal and regulatory obligations or requests by law enforcement agencies or governmental authorities and/or
In the event of a bankruptcy, merger, acquisition, sale, transfer of control, joint venture or other business combination involving us, or our Parent Companies or Affiliates.
b. Sharing and Disclosure of Other Information
We may share or otherwise disclose Other Information with third parties, but we do not disclose Personal Information to them except as described in this Privacy Policy.
Reviewing, Updating or Deleting Certain Information
Generally, you may review, update or delete certain Information collected by the Site by clicking "Account" on the homepage to sign in to your Site account with your User ID to change, update or deactivate your Personal Information. However, Personal Information that is necessary to check eligibility, such as date of birth or age, cannot be deleted, but may be modified with sufficient verification of the correct information. We will allow you to change the password portion of your User ID, as well as certain other Information you have given us in order to keep your information current. You will also be able to change your User ID to another available username if you wish to do so.
You may also exercise certain privacy settings options by, if you are a registered user of the Pictorious and logged into the Site, clicking "Profile" or your display name at the top of the Site, selecting "Edit Profile" or "Manage Account" and selecting the "Privacy" tab.
Certain Information collected for certain entries into Promotions are subject to corporate and regulatory recordkeeping requirements and will not be deleted upon the user's request, unless the entrant is a child under the age of 13 years old.
If the burden or expense of providing access to your Information is disproportionate to the risks to your privacy or if the legitimate rights of others would be violated, we may decide not to provide access to such Information. In such cases, we will provide to you an explanation of why access cannot be provided and contact information for further inquiries.
Children or Ineligible Teenagers
If we, or our Parent Companies or Affiliates, inadvertently send an email or text message to a person that does not meet the age and other eligibility requirements of Pictorious, such as a child (a person under the age of 13) or others who do not meet the greater age requirements of certain features of Pictorious ("Ineligible Teenager"), the child (or Ineligible Teenager) or the child's (or Ineligible Teenager's) parent or legal guardian (the "Parent") always has the right to unsubscribe (opt-out) from receiving future emails or text messages via the unsubscribe mechanism contained in the email or message. The same unsubscribe process is available to a parent or legal guardian of a minor (a person under the age of 18, or the age of majority in your state).
In addition, Parents of children or Ineligible Teenagers who wish to terminate their child's or Ineligible Teenager's membership must use their child's or Ineligible Teenager's User ID to gain direct access to the account, and follow the procedures in the "Deactivation/Termination of Your Registration or Use" Section of the Terms of Service Agreement to terminate their child's or Ineligible Teenager's member; alternatively, Parents may send an email to Pictorious so that we can direct the matter to our Privacy Administrator. Provide us with your child's or Ineligible Teenager's User ID and request to terminate your child's or Ineligible Teenager's account and registration. We will not allow direct access to a user's account and Personal Information by any person without the user's User ID. If a Parent does not have his or her child's or Ineligible Teenager's User ID, the Parent will be required to send an email to the Privacy Administrator that includes the Parent's name, address, telephone and email address, in addition to the child's or Ineligible Teenager's name and email address as registered on the Site, plus the child's or Ineligible Teenager's date of birth. The Parent must also provide verifiable identification that they are the parent or legal guardian of the child or Ineligible Teenager. Pictorious will send a confirming email to the Parent via the email address provided to verify that the Parent wishes to terminate his or her child's or Ineligible Teenager's account and registration. The Parent must then confirm by sending a reply email to the designated return address. Pictorious will then terminate the child's or Ineligible Teenager's account but will notify the child or Ineligible Teenager of the termination request via email and will identify the name, address and email address of the person making the request.
Protection of Information
While no data transmission over the Internet is 100% secure from intrusion, we maintain commercially reasonable physical, electronic and procedural safeguards to protect your Information. However, regardless of our efforts and the Device you use to access Pictorious, it is possible that third parties may unlawfully intercept or access transmissions or private communications over an unsecured transmission. We conduct financial transactions via secured transmissions but may not always secure other parts of Pictorious. We also limit access to Pictorious by our own employees to those individuals who are authorized for the proper handling of such information and any employee found violating our standards of security and confidentiality will be subject to our disciplinary processes. We request that our operational service providers follow similar standards of security and confidentiality.


Phishing


Phishing attacks attempt to steal consumers' personal identity data and financial account credentials. "Phishers" use 'spoofed' e-mails to lead consumers to counterfeit websites designed to trick recipients into divulging Information such as credit card numbers, account usernames, passwords and social security numbers. WE DO NOT SEND EMAILS ASKING YOU TO PROVIDE OR CONFIRM CREDIT CARD NUMBERS, SOCIAL SECURITY NUMBERS OR YOUR USERNAME OR PASSWORD!
If you receive such email communication, please forward it immediately to legal@smsnow.com, and then immediately delete the fraudulent email from your computer.


Your California Privacy Rights


If you are a resident of the State of California, we provide you with information on how to exercise your disclosure choice options such as your right to opt-out (which we may sometimes refer to as "unsubscribe") or opt-in for use of your Personal Information by third parties (such as Advertisers) for marketing purposes. The opt-in/out sections are intended to comply with the applicable provisions of the California Civil Code.


Changes to this Privacy Policy and Notice


We reserve the right to revise this Privacy Policy at any time by posting an updated Privacy Policy without advance notice to you. Such revisions shall be effective immediately upon posting. Notice of material changes will be posted on Pictorious and/or will be provided by e-mailing you or notifying you upon login about these changes; the form of such notice is at our discretion. However, we encourage you to check this Privacy Policy and Terms of Service Agreement often for updates.


Miscellaneous


a. Accuracy and Confidentiality
It is your responsibility to give us current, complete, truthful and accurate information, including Personal Information, and to keep such information up to date. We cannot and will not be responsible for any problems or liability that may arise if you do not give us accurate, truthful or complete information or Personal Information or you fail to update such information or Personal Information. We will reject and delete any entry that we believe in good faith to be false, fraudulent or inconsistent with this Privacy Policy.
You are solely responsible for maintaining the strict confidentiality of your User ID, if applicable, and for any charges, costs, expenses, damages, liabilities and losses we incur or may suffer as a result of your failure to do so. You, and not us, are solely responsible and liable for the activity, behavior, use and conduct on the Site under your User ID (whether used by you or any others who use your User ID), unless and until you notify us that your User ID may have been compromised, misappropriated or improperly taken or used by another party. We reserve the right to deny access, use and registration privileges to any user, including without limitation, a registered user, of any services, features or functions of Pictorious if we believe there is a question about the identity of the person trying to access the user's account or any Services, features or functions. Further, if you use any of the Communities features and functions made available on or through Pictorious, please remember that any Information disclosed in these venues is automatically made public and please use caution when disclosing any Personal Information in the Communities, as you do not know who will access and use your Personal Information or for what purposes. Pictorious is in no way responsible for the accuracy, use, or misuse of any information, including Personal Information, that you disclose or receive through these venues and you should assume that any disclosure you do make in these venues will be available publicly, even without your knowledge or authorization.
b. Questions
If you have questions about this Privacy Policy or if you do not understand any information about how we collect, maintain, use or share your Personal Information or Other Information, you may contact us directly by sending an email to info{at}pictorious{dot}com.
c. Sole Statement:
This document is the sole statement of Pictorious’s Privacy Policy and no summary, restatement or other version thereof, or other privacy statement or policy, in any form, including, but not limited to, machine-generated, is valid.
d. Other:
Please review our Terms of Service Agreement, which governs your use of Pictorious. Any terms that are not defined in this Privacy Policy shall have the meaning given in the Terms of Service Agreement.
This Privacy Policy was last modified on the date indicated above and is effective immediately.