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1. Introduction

For the purposes of this Privacy Policy, references to “we,” “our,” and “us” mean Filos, Inc. Filos, Inc. owns and operates the Filos mobile and the Filos software service, which provides digital media creation, editing, publishing, and data analytics services (the “Filos Service”). This Privacy Policy explains how and why we collect, use, and disclose information about you collected through the Filos Service.

We reserve the right to change, modify, add, or remove portions of this Privacy Policy from time to time. We will not, however, retroactively change how we share your personal information without your consent. We will provide notice of any material changes through the Filos Service or by other means as we deem appropriate before they take effect. Please check back periodically for any changes we may make to the Privacy Policy. Your continued use of the Filos Service following the posting of changes to this Privacy Policy means you accept these changes. This Privacy Policy does not apply to information we collect by other means, including offline, or from other sources other than through the Filos Service.

2. Personal Information We CollectWhen you interact with the Filos Service, we may collect personal information, such as:

  • Name
  • Email address
  • Phone number
  • Amount of time you spend using App and specific features
  • Links you click
  • Geolocation data (Opt-in Only)
  • We may also collect general information about the equipment you use to access the Filos Service, your operating system and browser type, the services that you use, times and dates of your interactions with the Filos Service, details of your transactions through the Filos Service, and mobile and web software event data.

3. How We Collect InformationWe may collect information:

  • Directly from you when you provide it, including by filling out forms, setting up a personal profile, participating in sweepstakes, contests, or promotions, or contacting us through our “Contact Us” form.
  • Automatically as you interact with the Filos Service, such as location data, data on browsing activities and patterns, times and dates of logins, and event data.
  • That you share, post, or transmit when interacting with the Filos Service.
  • From third parties, including social media platforms and cloud storage services you use to interact with the Filos Service.
  • When you make purchases through the Filos Service, we process your payments through a Third-Party application. The Third-Party application may collect certain financial information from you to process a payment on behalf of the Filos Service, including your name, email address, address and other billing information.

4. Social Media Platforms

The Filos Service allows you to combine content you have stored on third-party cloud storage services and post it to social media platforms. When you post content to a social media platform using the Filos Service, Filos may have access to information from your social media account, such as likes and comments on posted content, and page or group affiliations. This information allows Filos to provide you with personalized in-app recommendations. Most social media platforms provide you with a tool to control the information you share with the Filos Service, which is governed by the policies of the applicable social media platform.The Filos Service includes social media integrations that might include widgets such as a share button or other interactive mini-programs. These features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the feature to function properly. These social media features are either hosted by a Third Party or hosted directly within our Services. Your interactions with these features are governed by the privacy policy of the company providing it.

5. Cookies & Web Beacons

The Filos Service uses Cookies. A "cookie" is a small file that we save on your computer's hard drive, which contains the user’s IP address. Our cookies help to give you faster access to pages you have already visited, allow you to personalize your pages, and help you to participate in activities or events on the Filos Service. They also help us customize our offerings to you. You may choose to disable cookies through your web browser, but doing so may affect your ability to access or use the Filos Service.Filos, as well as Third Parties that provide content or other functionality on our Services, may use cookies, pixel tags, local storage, and other technologies to automatically collect information through the Filos Service. These small data files placed on your computer, tablet, mobile device, or other devices (referred to collectively as a “device”) allow us to record certain pieces of information whenever you visit or interact with our sites, services, applications, messaging, and tools, and to recognize you across devices.The Filos Service uses Web Beacons. Web beacons are small graphic images or other programming code (also known as "1×1 GIFS" or "clear GIFs"). We may include web beacons in the Filos Service pages and email messages. Web beacons may be used to count visitors to the Filos Service, to monitor how users navigate the Filos Service, and to count how many emails that were sent were actually opened.Our uses of such of Cookies and Web Beacons generally fall into the following categories:Operationally Necessary. We may use cookies, web beacons, or other similar technologies that are necessary to the operation of our sites, services, applications, and tools. This includes technologies that allow you access to our sites, services, applications, and tools; that are required to identify irregular site behavior, prevent fraudulent activity and improve security; or that allow you to make use of our functions such as shopping-carts, saved search, or similar functions;Performance Related. We may use cookies, web beacons, or other similar technologies to assess the performance of our websites, applications, services, and tools, including as part of our analytic practices to help us understand how our visitors use our websites, determine if you have interacted with our messaging, determine whether you have viewed an item or link, or to improve our website content, applications, services, or tools;Functionality Related. We may use cookies, web beacons, or other similar technologies that allow us to offer you enhanced functionality when accessing or using our sites, services, applications, or tools. This may include identifying you when you sign into our Site or keeping track of your specified preferences, interests, or past items viewed so that we may enhance the presentation of content on our sites;

Advertising or Targeting Related. We may use first-party or third-party cookies and web beacons to deliver content, including ads relevant to your interests, on our sites or on third party sites. This includes using technologies to understand the usefulness to you of the advertisements and content that has been delivered to you, such as whether you have clicked on an advertisement.

If you would like to opt-out of the Technologies we employ on our sites, services, applications, or tools, you may do so by blocking, deleting, or disabling them as your browser or device permits.

6. How We Use Information

We may use your information to:

  • Provide the service you've requested or agreed to receive.
  • Verify individual identity.
  • Carry out audits.
  • Enable you to participate in Filos’s features.
  • Enable you to participate in sweepstakes, contests, and promotions through the Filos App.
  • Tailor the content you see when you visit the Filos Service.
  • Process your registration for the Filos Service.
  • Respond to your questions or other requests.
  • Improve and manage the Filos Service.
  • Measure interest in the Filos’s Service.
  • Allow you to register for events.
  • To produce and publish statistics and analytics.
  • Comply with our legal obligations.
  • Send you emails to the email address you provide to inform you about new features of the Filos
  • Send you emails to the email address you provide to verify your account and for informational and operational purposes, such as account management, customer service, or system maintenance.
  • Send you emails to the email address you provide to contact you with regard to your use of the Filos Service.
  • Send you emails to the email address you provide to contact you regarding purchases you made on the Filos App or Filos website(s).
  • Market Filos and/or third party products and services to you and send you marketing materials that may be of interest to you.
  • Conduct promotional, analytical, and business development activities with Filos’s trusted third-party partners.
  • For research and development when data is used to create de-identified information that we may use alone or in the aggregate with information obtained from other sources, in order to help us to optimally deliver our existing products and Services or develop new products and Services.
  • Process payment for products or Services purchased.
  • To enforce our agreements.
  • We may use Google Analytics to collect information regarding visitor behavior and visitor demographics on some of our Services.
  • We use a service provided by Mixpanel, Inc. (“Mixpanel”) to provide us with analytics data regarding users’ interactions with the Filos Service.
  • For other purposes with your consent.

7. Information You Share With Us

When you interact with the Filos Services, you may set up your personal profile, add and post content, and transmit information through your interactions with the Filos Service. We may retain this information so that, for instance, you can return to view prior information you have sent and monitor and interact with content you have posted. If you choose to submit content to any public area of the Services, such content will be considered “public” and will not be subject to the privacy protections set forth herein. Filos may offer publicly accessible pages, blogs, private messages, or community forums. You should be aware that, when you disclose information about yourself on these pages, blogs, private messages, and community forums, the Services will collect the information you provide in such submissions, including any Personal Information.

You agree that Filos can use, without further consent or compensation, the content of any communications submitted by you directly to Filos via the Filos Service, including any ideas, inventions, concepts, techniques, or know-how disclosed therein, for any purpose including developing, manufacturing, and/or marketing goods or Services. Filos will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (i) you grant us notarized-written permission to do so prior to submitting the materials; or (ii) we are required to do so by law.

We are not responsible for the privacy practices of the other users who will view the information you share with us.

Marketing Communications from Filos. By using the Filos App, you agree to allow Filos to send you marketing communications. If you choose to opt out of some or all of Filos’s marketing communications, you may still access the Filos Service, but you may not receive important information about features and functionality of the Filos App or other products that may interest you.

Information You Choose To Share Publicly. The Filos Service allows you to post content (User Submissions) publicly through the Filos Service (including but not limited to social media sites). Subject to your profile and privacy settings for the applicable third-party site or service, any User Submissions that you share on the Filos Service are visible to and searchable by others. If you remove information that you posted, copies may remain viewable in cached and archived pages, or if others have copied or saved that information. Please see our Terms of Service for more information about User Submissions. In addition to User Submissions, the Filos Service may allow you to post comments in public areas within the Filos Service and to external third parties, such as social media networks, community pages, message boards, status updates, or feedback sections. Due to their public nature, User Submissions and comments you share in public areas are not subject to this Privacy Policy. Please be careful about what you choose to share.

8. How We Share Information

We may share non-personally identifiable information, such as aggregated user statistics, with third parties. We do not share your personal information for any purpose other than as described in this Privacy Policy. We may share the information we have collected about you, including personal information, as disclosed at the time you provide your information and in the following circumstances:Vendors and Third Parties Providing Services on Our Behalf. We use third parties to host the Filos App and perform administrative, analytics, and communications services. The types of service providers (processors) to whom we entrust personal information include service providers for: (i) provision of IT and related services; (ii) provision of information and services you have requested; (iii) payment processing; (iv) customer service activities; and (v) in connection with the provision of the Filos Services. Services these parties provide include enabling Filos to send you email newsletters and push notifications which may contain personalized content or information specific to your use of the Filos App and your viewing of our content and/or content sourced from third parties. We may disclose your personal information to these companies so they can carry out these services. These companies are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which Filos discloses it to them. These parties may have access to pseudonymous or anonymous information about you (such as a unique identification number), which may be combined or associated with information from other sources to identify you.We may share any information we receive with vendors and service providers. Filos has executed appropriate contracts with the service providers that prohibit them from using or sharing Personal Information except as necessary to perform the contracted services on our behalf or to comply with applicable legal requirements.Third Party Marketing. Individuals who provide us with Personal Information, or whose Personal Information we obtain from Third Parties, may receive periodic emails from us with information on Filos or our business partners’ products and services or upcoming special offers/events we believe may be of interest.Sweepstakes, Contests, and Promotions. We may offer sweepstakes, contests, and other promotions (each, a "Promotion") through the Filos App that may require registration. By participating in a Promotion, you agree to the terms, conditions and/or official rules that govern that Promotion. If you choose to enter a Promotion, we may disclose your personal information to third parties or the public in connection with the administration of the Promotion, including, without limitation, in connection with winner selection, prize fulfillment, and as required by law or permitted by the Promotion's official rules, such as on a winners' list.Administrative and Legal Reasons. We may also disclose personal information if required to do so by law or in the good-faith belief that such action is necessary to (a) conform to applicable law or comply with legal process served on us; and (b) protect and defend our rights or property, the Filos App, its users, or the public.Business Transfer. We reserve the right to disclose and transfer all information related to the Filos App, including, without limitation, your personal information, demographic information and usage information: (i) to a subsequent owner, co-owner or operator of the Filos Service or applicable database; or (ii) in connection with a corporate merger, consolidation, restructuring, the sale of substantially all of our stock and/or assets or other corporate change, including, without limitation, during the course of any due diligence process.

Third-Party Partnerships. From time to time, Filos may engage with trusted third-party partners to conduct various promotional activities, and these activities may include the use of your personal information to gather business analytics and business development data. We may disclose your personal information to our third-party partners in order to analyze the success and results of these promotional activities. However, our third-party partners will not be permitted to use your personal information for other communications or promotional purposes.

De-identified and Aggregated Information Use. Filos may use Personal Information and other information about you to create de-identified and aggregated information, such as de-identified demographic information, de-identified location information, information about the computer or device from which you access Filos Services, or other analyses we create. De-identified and aggregated information is used for a variety of functions, including the measurement of visitors’ interest in and use of various portions or features of the Services. De-identified or aggregated information is not Personal Information, and Filos may use such information in a number of ways, including research, internal analysis, analytics, and any other legally permissible purposes. We may share this information within Filos and with Third Parties for our or their purposes in a de-identified or aggregated form that is designed to prevent anyone from identifying you.

9. Links to Other Websites and Services

The Filos Service may contain links to other websites and other websites may reference or link to the Filos Service. These other domains and websites are not controlled by us, and Filos does not endorse or make any representations about Third-Party websites or social media platforms. We are not responsible for, and we do not exercise control over, any third parties that you authorize to access your User Submissions or other publicly posted or shared content. We encourage our users to read the privacy policies of each and every website and application with which they interact. We do not endorse, screen or approve, and are not responsible for the privacy practices or content of such other websites or applications. Visiting these other websites or applications is at your own risk.

10. Security

Personal information collected via the Filos App is stored in secure operating environments that are not available to the public. In some instances, personal information is encrypted during storage and transmission. Only those Filos employees and agents who need access to your Personal Information to do their jobs are allowed access, each having signed confidentiality agreements.While we make reasonable efforts to safeguard your Personal Information once we receive it, no transmission of data over the Internet or any other public network can be guaranteed to be 100% secure. As a result, we cannot ensure or warrant the security of any information you transmit to us or information we transmit to you from the Filos App, and you assume all related risks.We regularly review the information that we collect and store. We retain your personal information for as long as we deem appropriate under our internal data retention policy, or until you request that we delete it. In certain cases, Filos may be required to retain your data to comply with applicable law or in connection with a legal claim.

11. Other Information

Lawful Bases:

We collect and process your personal information only when we have a lawful basis to do so. Lawful bases include your consent, the fulfillment of Filos’s contractual rights or obligations, complying with applicable law, and the legitimate interests of Filos or third parties (provided that processing your data for a legitimate interest does not outweigh your rights and freedoms). Examples of a legitimate interest include (i) analyzing user data to maintain and improve the Filos App for all users; (ii) providing you with access to the Filos App; (iii) providing you with up-to- date information about new features of the Filos App; and (iv) engaging third-party providers to deliver certain features of the Filos App. You may withdraw your consent or object to a legitimate interest at any time by contacting us at the information provided below.Cross-Border Transfer. The Filos Service is hosted on US servers. Any personal information you provide to us will be processed and stored on servers in the US, the laws of which may be deemed by other countries to have inadequate data protection. Accordingly, if you are located outside the US, you consent and continue to consent to the processing and storage of such data in the US. We have agreements in place with our affiliates and contractors that include standard contractual clauses to protect your rights with respect to your data.By choosing to visit the Filos Service you agree that any dispute over privacy or the terms contained in this Privacy Policy will be governed by the laws of the State of Georgia, U.S.A and the adjudication of any disputes arising in connection the Filos Service will be in accordance with the Terms. If you are visiting from the European Union or other regions with laws governing data collection and use, please note that you are agreeing to the transfer of your information to the United States and to the Processing of your data globally.Do Not Track: Some browsers incorporate a "Do Not Track" (DNT) feature that, when turned on, signals to websites and online services that you do not want to be tracked. At this time, the Filos Service does not respond to DNT signals.

Children Under 17: We do not knowingly collect personal information from children under the age of 17 and do not target the Filos App & Service to children under 17. If you are under 17, please do not use the Filos Service or submit any personal information through the Filos Service. If you have reason to believe that a child under the age of 17 has provided their personal information to us, please contact us, and we will delete that information.

Definitions. The following terms shall have the meanings herein as set forth below:

“Agent” means any Third Party that Processes Personal Information pursuant to the instructions of, and solely for, Filos or to which Filos discloses Personal Information for use on its behalf.

“Personal Information” shall have the meaning assigned to the terms “personal data” and/or “personal information” under applicable data protection laws.

“Process” or “Processing” means any operation which is performed upon Personal Information, whether or not by automatic means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure, or destruction.

“Third Party” is any company, natural or legal person, public authority, agency, or body other than the Individual, Zeplin or Zeplin’s Agents.

12. Your Choices and Our Contact Information

If you choose not to provide personal information, you may be unable to access or use the Filos Service.Accessing Your Personal Information. If you would like to obtain a copy of your personal information gathered by the Filos App, or if you would like to correct or delete such information from the Filos Service’s marketing database, send us an email at “feedback@filos.io” to submit a request. Depending on the law that applies where you live, you may have additional rights, such as the right to request that we send your information to another organization of your choice (where technically feasible).Opting Out. We only send promotional and marketing communications with your consent. If you no longer wish to receive these or other communications from the Filos Service, send us an email at “feedback@filos.io”. You can stop receiving newsletter email communications from us by clicking on the “unsubscribe link” provided in such communications.Improper Collection and Misuse of Personal Information. Please report any improper collection or misuse of personal information provided on the Filos Service to “feedback@filos.app”. Depending on the law where you live, you may also have the right to file a complaint with your local data protection authority.Revision to the Privacy Policy. We may revise this Privacy Policy in our sole discretion, so review it periodically. If you continue to use the Services made available to you after such changes have been made, you hereby provide your consent to the changes.