Last Updated: March 04, 2020
Welcome to Loom.ai!
Loom.ai offers an end-to-end real-time platform for creating, customizing and animating 3D avatars for enterprise applications.
Your privacy is important to us.
Protecting your privacy is really important to us.
Toward meeting that goal, we strive to comply with all applicable privacy laws.
· We’ll refer to Loom.ai as “Loom” or “we” or “us”.
· We’ll refer to our website as the “Site”.
· We’ll refer to all the products and services we provide individually and collectively, as the “Services”.
· We’ll refer to you, the person or entity accessing our Site or using our Services, as “you” or “your” or (if you are a purchaser of our Services) our “customer”.
· We also have some sub-sections of our Services. In addition to our Site, we’ll refer to our mobile application and our desktop computer-based application, collectively, as our “App”, and to our cloud-based API as our “Cloud API”
What is a Data Controller? For general data protection regulation purposes, the “Data Controller” means the organization who decides the purposes for which, and the way in which, any Personal Information is processed. Our customers are the Data Controllers.
What is a Data Processor? A “Data Processor” is an organization which processes Personal Information for a Data Controller. We are the Data Processor for our customers. As a Data Processor, we are bound by the requirements of the General Data Protection Regulations (the “GDPR”).
What is Data Processing? Data processing is any operation or set of operations (whether automated or not) performed upon Personal Information. Examples of data processing explicitly listed in the text of the GDPR are: collection, recording, organizing, structuring, storing, adapting, altering, retrieving, consulting, using, disclosing by transmission, disseminating or making available, aligning or combining, restricting, erasure or destruction.
What is Personal Information? Personal information is any information which is about you, from which you can be identified. Personal Information includes information such as an individual's name, address, telephone number, e-mail address or photograph. Personal Information also includes information about an individual's activities, such as information about his or her activity on Site or our Services, and demographic information, such as date of birth, gender, geographic area, and preferences, when any of this information is linked to personal information that identifies that individual. Personal Information does not include "aggregate" or other non-personally identifiable information. Aggregate information is information that we collect about a group or category of products, services, or users that is not personally identifiable or from which individual identities are removed.
How do we collect Personal Information?
In our service as a Data Processor, we collect Personal Information from Data Controllers in several ways:
· Information you provide to us directly (for example, information you may provide in connection with accessing or purchasing our products or services)
· Information you provide us when you contact us for help
o If you contact us for help, we may collect your name and email address along with additional information you provide in your request so that we can provide you with assistance and improve the Service.
· Information we may receive from third parties
What information do we collect?
We collect only such personal information as is needed to provide the Services, and to fulfill our lawful business obligations and interests, and keep your information only as long as is necessary to fulfill those obligations and interests. We may collect information through our Site, our App and our Cloud API.
When you sign up for our Services on our Site, we collect the following personal information from you:
Your first and last name, username and email address
Your company’s name
Your title at your company
Your (and/or your company’s) physical address
Your company’s (or your product’s) website address
Certain information about your proposed relationship with us (for example, the type of information you’d like from us, how you want to use our Services and the type of techology you’re using).
We may also collect and aggregate information about the use of our Site and our Services. That information could include information such as your Internet Protocol (IP) address, browser type, operating system, the web page that you were visiting before accessing our Site, the pages or features of our Site which you browsed and the time spent on those pages or features, search terms, the links on our Site that you clicked on, and other statistics.
An IP or Internet Protocol Address is a unique numerical address assigned to a computer as it logs on to the internet.
If you access our Site using a mobile device, we may collect information such as a device identifier, user settings and the operating system of your device, as well as information about your use of our Services.
If you make purchases through our Site, we may collect payment information that you may provide us (information under California Civil Code Section 1798.80).
This information will be used at an individual level only to manage your subscription account, and at an aggregate level only to tailor our offerings to our audience.
When you sign up for our Services on our Cloud API, we may collect the personal information from you that we collect on our Site. In addition, we may collect from you:
· Information related to your photos. Through our Cloud API we collect images and photos that are uploaded to our servers
When you sign up for our Services through our App, we may collect the personal information from you that we collect on our Site. Use of our App may require access to your camera or photos to allow our services to operate on your device. But we do not, however, collect from you any photos or other images through our App. When you are using our App, all of your photos are stored and processed locally, on your own device.
What do we use your Personal Information for?
· To compile statistics and analysis about your and other customers’ use of our Site and our Services.
· To improve our Site and our Services — we continually strive to improve our Site offerings based on the information and feedback we receive from you.
· To improve customer service — your Personal Information helps us to more effectively respond to your customer service requests and support needs.
· To send periodic emails — the email address you provide may be used to send you information, notifications that you request about changes to our Services, to alert you of updates, and to send periodic emails containing information relevant to your account.
· If you purchase anything through the use of our Services, then to enable you to purchase products or services from our Site and to enable us to process your payments.
· We may also use Personal Information you provide to contact you regarding products, services, and offers that we believe you may find of interest. We allow you to opt-out from receiving marketing communications from us as described in the "Your Choices" section below.
· In addition, anonymized data that does not identify you may be used for marketing and promotional use. Please see the section of this Policy titled “Do We Disclose any Personal Information to Outside Parties?” to learn more.
We may also use your Personal Information where necessary for us to comply with a legal obligation, including to share information with government and regulatory authorities when required by law or in response to legal process, obligation, or request.
· We cooperate with government and law enforcement officials or private parties to enforce and comply with the law. We may disclose your Personal Information to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate: (i) to respond to claims, legal processes (including subpoenas); (ii) to protect our property, rights and safety and the property, rights and safety of a third party or the public in general; and (iii) to stop any activity that we consider illegal, unethical or legally actionable.
We will request your consent before we use or disclose your Personal Information for a materially different purpose than those set forth in this Policy. Consent may be obtained by any legally sufficient method. For example, depending on the circumstances and applicable laws, consent may be obtained by providing you with notice and the opportunity to opt out.
Your Choices About Your Personal Information
You may modify Personal Information that you provide to us from your Loom account preferences. If you remove data from your Loom account, it will no longer appear to you or others who use the Loom Service. Backups of that data will remain associated with your Loom account and in our archive servers.
Your Rights to Opt Out. You can opt out of receiving contests, giveaways, surveys and promotional emails by changing the notification preferences in your account settings or by unsubscribing via the “Unsubscribe” link in any Loom email. Opting out of these emails will not end transmission of important service-related emails that are necessary to your use of the Services. In addition, you may opt out of allowing third-party online advertising networks to collect information from our Site by adjusting the browser “settings” on your computer or mobile device. Please refer to your mobile device or browser’s technical information for instructions on how to delete and disable cookies, and other tracking/recording tools. Depending on your type of device, it may not be possible to delete or disable tracking mechanisms on your mobile device. Note that disabling cookies and/or other tracking tools prevents us or our business partners from tracking your browser’s activities in relation to the Service, and for use in targeted advertising activities by third parties. However, doing so may disable many of the features available through the Services. If you have any questions about opting out of the collection of cookies and other tracking/recording tools, you can contact us directly.
How do we protect your Personal Information?
We care about the security of your Personal Information. To help protect your privacy and security, we take reasonable steps (such as requesting a unique password to verify your identity before granting you access to your account), and we use commercially reasonable safeguards designed to preserve the integrity and security of all information collected through the Services, and to prevent accidental loss and from unauthorized access, use, alteration, and disclosure. Please be aware, however, that no method of transmitting information over the Internet or storing information is completely secure We cannot ensure or warrant the security of any information you transmit to us or guarantee that information on the Services may not be accessed, disclosed, altered, or destroyed.
You are responsible for maintaining the secrecy of your unique password and account information, and for controlling access to your email communications from us. We are not responsible for any unauthorized disclosure of Personal Information or other information caused by any person to whom you provide access to your account, or caused by any other third party that gains access to your account by circumventing our security measures or by using your password. You agree to indemnify and hold harmless Loom from and against any and all liability arising in any way from the access to the Site by persons to whom you have provided your online ID and/or online password. Your privacy settings may also be affected by changes to the functionality of third-party websites and services that you add to the Loom Service, such as social networks. We are not responsible for the functionality or security measures of any third party.
Upon becoming aware of a breach of your Personal Information, we will notify you as quickly as we can and will provide timely information relating to the breach as it becomes known in accordance with any applicable laws and regulations or as is reasonably requested by you. Despite the foregoing, you acknowledge and agree that this clause constitutes notice by Loom to you of the ongoing existence and occurrence or attempts of Unsuccessful Security Incidents for which no additional notice to Client shall be required. “Unsuccessful Security Incidents” means, without limitation, pings and other broadcast attacks on Loom’s firewall, port scans, unsuccessful log-on attempts, denial of service attacks, and any combination of the above, so long as no such incident results in unauthorized access, use or disclosure of Your Information. If you have any concerns over the security of your Personal Information, please contact us at email@example.com.
“Do Not Track” options will not affect how we use your Personal Information
Who at Loom may access your Personal Information?
Designated members of our staff may access Personal Information to help our customers with any questions they have, including help using our Services, investigating security issues, or following up on bug fixes with a customer. This activity is logged in our system for compliance, and we maintain different levels of access for its employees depending on their role in our company. For certain payment processors, only the Data Protection Officer has the ability to access additional business metrics from the payment processor (for purposes of investigating potential security breaches and fraud, or otherwise with the permission of the customer). In some cases, Personal Information may be accessible to certain persons involved with the operation of the Services (administration, sales, marketing, legal, system administration).
Do we disclose any Personal Information to outside parties?
Except as set out below, we do not sell, trade, or otherwise transfer to outside parties your Personal Information. Non-personally identifiable visitor information, however, may be provided to other parties for marketing, advertising, or other uses.
· We may share your Personal Information with other companies owned by or under common ownership as Loom, which also includes our subsidiaries (i.e., any organization we own or control).
· We may disclose your Personal Information to third-party service providers (for example, payment processing, data storage and processing facilities, and email management, or identifying and serving targeted advertisements, content or service fulfillment, or providing analytics services) that assist us in our work. These companies are obligated by contract to safeguard any Personal Information they receive from us.
o We limit the Personal Information provided to these service providers to that which is reasonably necessary for them to perform their functions, and we require them to agree to maintain the confidentiality of such Personal Information.
· We may contract with third-party service providers to assist us in better understanding our Site’s visitors.
o These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business.
· We may also release your Personal Information when we believe release is appropriate to comply with the law, enforce our Site policies, or protect our or others’ rights, property, or safety.
· If you ask us to do so, we may share your Personal Information with the public and other users of the Services. Any information or content that you voluntarily disclose for public posting to the Service, such as user-generated content, becomes available to the public. If you remove information that you posted to the Services, copies may remain viewable in cached and archived pages of the Service, or if other users of the Services have copied or saved that information.
· We may share or sell aggregated, de-identified data that does not identify you, with partners and the public in a variety of ways. When we provide this information, we perform appropriate procedures so that the data does not identify you and we contractually prohibit recipients of the data from re-identifying it back to you. For example, in certain situations, businesses or third party websites we’re affiliated with may sell or provide products or services to you through or in connection with the Services (either alone or jointly with us). You can recognize when an affiliated business is associated with such a transaction or service, and we will share your Personal Information with that affiliated business only to the extent that it is related to such transaction or service. We have no control over the policies and practices of third party websites or businesses as to privacy or anything else, so if you choose to take part in any transaction or service relating to an affiliated website or business, please review all such business’ or websites’ policies
· Please remember that any content you upload to your public user profile, along with any Personal Information or content that you voluntarily disclose online in a manner other users can view (on discussion boards, in messages and chat areas, etc.) becomes publicly available, and can be collected and used by anyone. Your user name may also be displayed to other users if and when you send messages or comments or upload images or videos through the Services and other users can contact you through messages and comments.
· Your Personal Information may also be transferred to another company in the event of a transfer, change of ownership, reorganization or assignment of all or part of our businesses or assets.
o This will occur if the parties have entered into an agreement under which the collection, use and disclosure of the information is limited to those purposes of the business transaction, including a determination whether or not to proceed with the business transaction. You will be notified via email or prominent notice on our websites for thirty (30) days of any such change in ownership or control of your personal information or as otherwise may be required or permitted by law.
How do we handle global transfers and processing of your Personal Information?
Retention of your Personal Information
We retain your Personal Information for as long as we need to fulfill our Services (for example, for as long as you maintain an account with us). Generally, if you deactivate your account with us, data that can identify you will be removed from the Loom Service. Backup copies of this data will be removed from our server based upon an automated schedule, which means it may persist in our archive for a short period. Loom may continue to use your de-identified data after you deactivate your account. In addition:
We may keep data linked to cookies and other online identifiers up to three years.
If we are involved in litigation or a governmental or regulatory investigation, then we keep data throughout the period of litigation or investigation and for 5 years after that. If a settlement means that we have to keep data for longer, then we keep data for the period required to administer the settlement. If we provide data to law enforcement agencies, then we keep a record of this for one year beyond the end of the investigation.
Children’s Online Privacy Protection Act Compliance
Our Site, products and services are all directed to people who are at least 13 years old or older. We strive to comply with the requirements of COPPA (Children’s Online Privacy Protection Act). If this server is in the United States, and you are under the age of 13, do not use this Site. We do not knowingly collect personal information from children under the age of 13 or your country’s age of minority. If you nevertheless believe that your child has provided us with their personal information, please contact us at firstname.lastname@example.org and we will delete it.
Your California Privacy Rights under California’s Shine-the-Light Law. California law permits users who are California residents to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed their personal information (if any) for their direct marketing purposes in the prior calendar year, as well as the types of personal information disclosed to those parties. If you are a California resident and would like to request this information, please submit your request in an email to email@example.com.
Additional Information for California Residents
This section provides information organized in accordance with the California Consumer Privacy Act (“CCPA”) for residents of California about how we handle certain personal information we have collected over the past 12 months.
· Collect. The section above entitled “What Information Do We Collect?” discloses the categories of personal information that we collect.
· Use. The section above entitled “What Do We Use Your Information For?” discloses for what purposes we use the categories of personal information we collect.
· Disclose. The section above entitled “Do we disclose any Personal Information to outside parties?” discloses how we share your personal information with, service providers, affiliates, law enforcement authorities, and as needed with third parties to provide our services.
We do not collect personal information from consumers that we know are younger than 16 years old.
Requests for Deletion, Copy and Right to Know Your Information. California consumers have the right to make the following requests, which we endeavor to honor from non-California residents as well:
· Deletion. You have the right to request deletion of personal information that we have collected about you.
· Copy and Right to Know. You have the right to request a copy of the specific pieces of personal information that we have collected about you over the past 12 months, including the categories of information, sources, and purposes of collection, as well as categories of third parties we have shared it with.
· Designated Agent. You may designate an agent to make a request on your behalf. That agent must have access to your account in order for us to verify the request.
You may submit deletion, copy and right to know requests through the online form here. You can also submit a deletion, copy and right to know request by emailing us at firstname.lastname@example.org. We cannot respond to your request to access or delete information unless we are able to both verify your identity or authority to make the request and confirm the personal information relates to you and/or your household. If you have an account on any of our Sites and Apps, we will verify your identity by having you log in to your account. If you do not have an account on our Sites and Apps, we will attempt to verify your request by asking you to provide identifying information that we will match to information in our files. We will only use information you provide in your request for the purpose of verifying your identity or authority to make the request. You can also designate an authorized agent to make a request on your behalf. Your agent will need to provide a Power of Attorney authorizing the agent to act on your behalf, or will need to complete the same verification procedures that would be required for a request submitted by you directly, and provide information that allows us to verify your authorization.
We may deny deletion requests in whole or in part as permitted or required by applicable law. We do not charge a different price or rate or provide a different level or quality of goods or services based on your exercising your CCPA rights.
Non-Discrimination. We will not discriminate against you, including by denying or providing a different level or quality of goods or services should you choose to exercise your options under the CCPA.
Other rights you have include the rights to:
- Withdraw your consent for us to process your Personal Information.
o You have the right to withdraw consent where you have previously given your consent to the processing of their Personal Information.
- Object to the processing of your Personal Information.
o You have the right to object to the processing of your Personal Information if the processing is carried out on a legal basis other than consent.
o Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to contact us to prevent disclosure of Personal Information to third parties for such third parties’ direct marketing purposes; in order to submit such a request, please contact us at email@example.com.
- Ask for a copy of your Personal Information.
o This is known as a Subject Access Request. If you would like a copy of some or all your Personal Information, please email firstname.lastname@example.org.
- Ask us to correct your Personal Information.
o It is your right to lodge an objection to the processing of your Personal Information if you believe that the legal ground “relating to your particular situation” applies. The only reasons we will be able to deny your request is if we can show compelling legitimate grounds for the processing, which override your interest, rights and freedoms, or the processing is for the establishment, exercise or defense of a legal claims.
- Ask us to transfer your Personal Information to other organizations.
- Ask us to erase certain categories or types of information.
o If you choose to remove your Personal Information, you acknowledge that we may retain archived copies of your Personal Information in order to satisfy our legal obligations, or where we reasonably believe that we have a legitimate reason to do so.
- Ask us to restrict certain processing.
o You have the right to object to processing of Personal Information. Where we have asked for your consent to process information, you have the right to withdraw this consent at any time.
- “Opt out” of certain sharing of Personal Information.
o You may limit or "opt out" of our sharing your Personal Information with third parties.
- Lodge a complaint.
o You have the right to bring a claim before a competent data protection authority.
We are committed to resolving any complaints about our collection or use of your Personal Information. Individuals with inquiries or complaints regarding this Policy should contact our Privacy Officer as follows: LoomAI, Inc., Attn: Privacy Officer, 525 Brannan Street, Suite 206, San Francisco, CA 94107; or email@example.com.
Attn: Privacy Issues
525 Brannan Street, Suite 206
San Francisco, CA 94107