Last Updated: October 12, 2020

The defined terms as set forth in the InstaSize Terms of Use are incorporated herein.

THIS PRIVACY POLICY EXPLAINS WHAT INFORMATION ABOUT YOU IS COLLECTED, HOW THIS IS DONE, WHAT IT IS USED FOR, TO WHOM INSTASIZE DISCLOSES THIS INFORMATION AND UNDER WHAT CIRCUMSTANCES. IF YOU ARE A RESIDENT OF AN EU ECONOMY, PLEASE ALSO REVIEW OUR GDPR PRIVACY TAB IN THE APP MENU.

BY YOUR USING THE MOBILE APPLICATIONS INSTASIZE PHOTO EDITOR + VIDEO AND INSTASIZE EDITOR: PHOTO FILTERS AND COLLAGE MAKER (COLLECTIVELY, THE APP) AND CONSENTING TO THE COLLECTION OF YOUR PERSONAL DATA, YOU UNDERSTAND AND AGREE TO THE TERMS CONTAINED IN THIS PRIVACY POLICY AND OUR TERMS OF USE. WE MAY CHANGE THIS PRIVACY POLICY FROM TIME TO TIME. IF SIGNIFICANT AND MATERIAL CHANGES ARE MADE, THE LAST UPDATE DATE AS SHOWN ABOVE WILL BE REVISED. YOU SHOULD CHECK BACK REGULARLY TO KEEP CURRENT WITH OUR POLICIES. BY CONTINUING TO USE OUR APP AFTER CHANGES TO THIS PRIVACY POLICY GO INTO EFFECT, YOU AGREE TO BE BOUND BY ANY SUCH REVISED POLICY(IES).

By using this App and consenting to the collection of your personal data, you agree that Instasize, Inc. (Instasize) and its affiliates and third parties may collect, maintain, process and use diagnostic, technical, and usage information, other applications installed on your device and other information, including, but not limited to, unique system or hardware identifiers, OS type and version, IP address, time zone, device carrier, location data, and other content contained on your hardware device (User Data). Additionally, User Data may be shared with certain third parties. User Data may be used for the purposes described herein and various other purposes, including, but not limited to, contacting you, troubleshooting, future feature development, and advertising. If you do not agree to the transmission of the User Data as set forth above, please do not use the App.

Information We Do Not Collect

We do not collect any personal information relating to your racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership, physical or mental health, or sexual life. We do not collect personal directory data such as calendar, address book, phone/text log or photo/video data created by you and stored or accessed on your device.

Types of Information Collected

The information we collect fits into two general categories: Non-Personal Information and Personal Information.

Non-Personal Information:

This is information about you or your household that cannot be used, and is not stored, in a way that can identify you, personally.

Personal Information:

This information may be used to identify you, personally, such as your name, address, email address, phone number, social media aliases, or usernames.

If Personal Information and Non-personal Information are combined, it is treated as Personal Information. If you delete your account, we may retain certain information for future use, including for counting the number of user accounts that have been deactivated, unless prohibited by law.

How We Collect Information

We collect information about you in three general ways:

Information you provide to us;

Information automatically collected; and

Information provided to us by third parties.

Information You Provide

By using the App or creating an account, you directly provide Instasize with certain information, which may include your email address, name, username, address information and other contact information. Additionally, when you communicate with Instasize outside of the App, you provide information about yourself (e.g. your phone number, name or email address).

Information Automatically Collected

We may collect information about you which can include: usage information, device information, installed apps on your device, location information, website information, IP addresses, ads your see, ads you click on and interact with, preferences, and information collected by cookies and other technologies such as web beacons and pixels.

Information Provided by Third Parties

By using the App, User Data may be collected and transmitted to third parties for analytics and other research. These third parties may combine the information we provide with information the third party has collected from other sources about you. This information may then be provided to Instasize for its analysis, marketing, or feature development among other uses.

The following is a list of potential third-party data processors with whom Instasize may work:

Adjust Inc.; Apptimize; Branch; Google Cloud; AWS

Ad Networks – Admob; Adcolony; Applovin; Facebook; Fyber; InMobi Pte Ltd.; IronSource; Unity; and Vungle.

Sharing of Information

We may allow third parties to collect certain information when you use the App. These third parties may utilize cookies, pixels, web beacons or other technologies to collect and use Non- Personal Information (e.g. hashed data, click stream information, browser type, time and date, subject of advertisements clicked or scrolled over) during your usage in order to provide advertisements about goods and services likely to be of greater interest to you. To learn more about this behavior advertising practice or to opt out of this type of advertising, you can visit the websites of the Digital Advertising Alliance at www.aboutads.info and Networking Advertising Initiative at www.networkadvertising.org/choices/.

This information is used to help improve our products, services, advertising, and in development of features. Additionally, we may use this information to, provide and deliver products and services you request, send messages, respond to comments you send to Instasize, customize marketing materials, monitor and analyze trends, and investigate/prevent fraud or unauthorized activity.

Interest-Based Ads

Some of our third-party providers or business partners are advertising networks, marketing partners, publishers and other entities who perform analytics and advertise our products and services not affiliated with us (Advertising Service Providers). In connection with these advertising services, we or our Advertising Service Providers may use cookies, web beacons, pixels and other technologies to collect behavioral information about how you interact with your mobile device in order to perform tracking and marketing analytics or serve advertisements that are more likely to be of interest to you.

Opting Out

At this time, not all of our Advertising Service Providers respond to automated signals regarding tracking mechanisms, including do not track instructions from your browser. Residents of EU economies have certain rights regarding the collection of information. To find out more, tap the GDPR Privacy tab in the App menu. Additionally, some of our Advertising Services Providers allow you to opt out with them directly:

http://www.pushspring.com/optout.html

http://wwww.aboutads.info/choices

http://www.networkadvertising.org/choices

http://www.youronlinechoices.eu

Laws Governing Data

Instasize is based in the United States. U.S. law and the General Data Protection Regulations of the European Union and the equivalent rules of the United Kingdom and Switzerland, as applicable, govern the information collected. By using the App and consenting to the collection of your personal data, you agree to the processing and transfer of information in and to the U.S. and other countries for the purposes stated in the Terms of Use and Privacy Policy.

Disclosure of Information

We reserve the right to access, use, preserve, transfer or disclose, at any time without notice to you, any information (including Personal Information) as reasonably necessary to:

Comply with any applicable law, regulation, subpoena or legal process, or respond to any governmental requests and cooperate with law enforcement, if we believe such action is required or permitted by law;

Enforce our Terms of Use, including investigating any potential violations;

Protect the safety, integrity, rights or security of our users, the App or equipment, or any third party; or

Detect, prevent or otherwise address fraud, security or technical issues related to the App or our business affiliates.

We may also disclose your information to those to whom you send messages, strategic partners of Instasize, in connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition of all or a portion of our business. Aggregated or de-identified Non-Personal Information may be shared as Instasize deems appropriate.

Security of Information

Instasize takes precautions – including administrative, technical, and physical measures – to safeguard your Personal Information against loss, theft, and misuse, as well as against unauthorized access, disclosure, alteration and destruction.

Children

We do not knowingly collect personal information for users under sixteen years of age. If you are under sixteen years of age or do not possess parental consent to install and use our App, you are not to use the App.

Your California Privacy Rights

California law under Civil Code Section 1798.83 allows California residents to request information regarding their personal information used by third parties for marketing purposes once during the calendar year. For such requests, please use the contact info below. The remaining California-specific privacy requirements are covered elsewhere in this policy.

Contact Us

To contact Instasize regarding privacy concerns, please email us at: privacy@Instasize.co. More information about our compliance with the General Data Protection Regulation (GDPR), tap the GDPR Privacy tab in the App menu. To contact Instasize regarding GDPR privacy concerns, please contact us at: privacy@instasize.com or by mail at Data Protection Officer, GDPR Legal Compliance, Instasize, Inc., 38 West 13800 South, Suite 300, Draper, Utah 84020.