Last Updated: March 9, 2020
These are our promises to you:
Notice. When we collect your personal information, we'll give you timely and appropriate notice describing what personal information we're collecting, how we'll use it, and the types of third parties with whom we may share it.
Choice. We'll give you choices about the ways we use and share your personal information, and we'll respect the choices you make.
Relevance. We'll collect only as much personal information as we need for specific, identified purposes, and we won't use it for other purposes without obtaining your consent.
Retention. We'll keep your personal information only as long as we need it for the purposes for which we collected it, or as permitted by law.
Accuracy. We'll take appropriate steps to make sure the personal information in our records is accurate.
Access. We'll provide ways for you to access your personal information, as required by law, so you can correct inaccuracies
Security. We'll take appropriate physical, technical, and organizational measures to protect your personal information from loss, misuse, unauthorized access or disclosure, alteration, and destruction.
Sharing. Except as described in this policy, we won't share your personal information with third parties without your consent. However, Embershot may be required to disclose personal information in response to a lawful request by public authorities.
International Transfer. If we transfer your personal information to another country, we'll take appropriate measures to protect your privacy and the personal information we transfer.
Enforcement. We'll regularly review how we're meeting these privacy promises, and we'll provide an independent way to resolve complaints about our privacy practices.
Information We Collect
What You Directly Provide Us
"Personal Information" means information that (1) is transferred from the EU to the United States; (2) is recorded in any form; (3) is about, or pertains to a specific individual; and (4) can be linked to that individual.
For you to create a basic Embershot account, we need to collect certain Personal Information about you including an email address we can contact you at, your full name and a phone number (for multifactor authentication purpose). Email addresses are used for the purposes of verifying identity and sending files to other members and non-members. Embershot may also use a member's email address to send updates and other news regarding the service.
Embershot members may modify or remove any of their personal information at any time by logging into their account and accessing features designated for such purposes. Members who no longer wish to receive updates, notifications or news may choose to do so by changing the "notification" settings in their profile. All system update and news notification emails also include the above instructions for opting-out of those communications. Please note that you may continue to receive communications while we are updating our lists.
For Standard and Business accounts, Embershot also collects additional Personal Information, such as an account or credit card number, telephone number, and billing address solely to facilitate transactions for products and/or services available through the website. Embershot does not directly store any financial data. All financial data that is stored is stored by the secured billing partners of Embershot.
As discussed in greater detail in the section below entitled "What You Automatically Provide Us When You Use Our Services," Embershot logs non-personal information (that is, information that cannot be used to identify you) including IP address, profile information, aggregate user data, and device and browser information, from members. This information is used to manage the website, track usage and improve the website services. This non-personal information may be shared with third-parties to provide relevant services and advertisements to members. Member IP addresses are recorded for security and monitoring purposes.
We want you, though, to be in control of your information, so we let you update or correct most of the basic account information by editing your account settings within Embershot. And while we hope you'll remain a lifelong Embershot user, if for some reason you ever want to delete your account, just email firstname.lastname@example.org.
Invitations to Non-Members
Embershot members can invite non-members to join the service by sending invitation emails via the automated invitation system. Embershot stores the email addresses that members provide so that the respondents may be added to the invitation list of the member sending the invitations, and also to send reminders of the invitations. Embershot does not sell these email addresses or use them to send any other communication besides invitations and invitation reminders. Recipients of invitations will have to accept the invitation and register with the website prior to accessing the service, including accessing the inviting-member's profile of the inviting member. Recipients of invitations from Embershot may contact Embershot to request the removal of their information from the Embershot database.
What You Automatically Provide Us When You Use Our Services
We explain all this below:
Usage Information. We collect information about your activity and the messages you send and receive through our Services. For example, we collect information such as the time, date, sender, recipient of a message, the number of messages you exchange with other users, which users you exchange messages with the most, and your interactions with messages (such as when you open a message or capture a screenshot).
Device Information. We collect information about your device, including the hardware model, operating system and version, unique device identifiers (including MAC address and IMEI), browser type and language, mobile device phone number, and mobile network information. We also collect certain device information that will help us diagnose problems in the (hopefully rare) event you experience any crash or other problem while using our Services. So, for example, if we detect a crash or other problematic event, we may collect the list of apps on your device and other information about your device's performance at the time of the event for troubleshooting purposes.
Location Information. With your consent, we collect your device location so that you can use our location-based. As with your phonebook and photos, you can always revoke your consent by changing the settings or preferences on your device. If you do so, certain features of the Services will no longer function. And, of course, you can revoke your consent by deleting Embershot from your device.
Website Log Information. We collect log file information when you use our websites. That information includes, among other things, your web browser type and language, access times, pages viewed, your IP address, and the website you visited before navigating to our websites.
Information We Collect From Other Sources
If another user allows us to collect information from his or her device phonebook—and you're one of that user's contacts—we may combine the information we collect from that user's phonebook with other information we have collected about you. We may also obtain information from other sources and combine that with the information we collect through Embershot.
Information We Collect When You Contact Us
Whenever you have a question for our helpful Support team, you can email us at email@example.com. Of course, when you contact the Support team or communicate with us in any other way, we'll collect whatever information you volunteer. For instance, name, phone number and contact information.
How We Use Information
What do we do with the information we collect? The short answer is: Provide you with an amazing set of Services that we relentlessly improve.
But we do a lot more as well, such as:
Provide and deliver the products, services, and functionality that you request, process transactions, and send you related information;
Communicate with you. That means just what it says; we may send you marketing communications on behalf of us or other companies; respond to your comments and questions; provide customer service; and send you technical notices, security alerts, and other informational messages;
Monitor and analyze trends and usage;
Develop, improve, and refine products, services, and functionality;
Personalize the Services by providing advertisements, content, or features that match user profiles or interests. For instance, when you set up an account we may pre-populate certain account information based on the information we collect about you from other users;
Verify your identity and prevent fraud or other unauthorized or illegal activity; and
Carry out any other purpose for which the information was collected.
Where Information Is Processed
Embershot is based in the United States. Although we welcome Embershot users from all over the world, keep in mind that no matter where you live or where you happen to use our Services, you consent to the processing and transfer of information in and to the U.S. and other countries. We want you to know this because the laws of the United States and those of other countries where your information is processed might not be as comprehensive or protective as laws in the country where you live. And while you're in another country, know that your information may be made available to government or law enforcement requests. You can request a copy of our subpoena and law enforcement request compliance policy by contacting us at firstname.lastname@example.org.
If you are located in the European Economic Area ("EEA") or Switzerland, you may instruct us not to share your Personal Information with third parties, except (i) with service providers we have retained to perform services on our behalf, (ii) in the event we sell or transfer all or a portion of our business or assets, (iii) if disclosure is required by law or legal process, (iv) with law enforcement authorities or other government authorities, or (v) when we believe disclosure is necessary or appropriate to investigate, report, prevent or take action to protect against copyright infringement, fraud or other suspected unlawful activity. Subject to applicable law, you may have the right to request access to and receive information about the Personal Information we maintain about you, to update and correct inaccuracies in your Personal Information, and to have your Personal Information blocked or deleted, if appropriate. If you are located in the EEA or Switzerland, we will comply with applicable legal requirements providing adequate protection for the transfer of Personal Information to countries outside of the EEA or Switzerland. The right to access Personal Information may be limited in some circumstances by local law requirements. You are responsible for maintaining the accuracy of such Personal Information or other information that you provide to us, and for correcting or updating any Personal Information or other information you have provided to us.
How We Share Information
Here's the type of information we may share about you with others and how we do so:
When you send a message, your recipients will see your username and, of course, whatever your message says or shows (whether that's a photo, video, text, or transaction). When you view content that another Embershot user has sent you, we will let the sender know that you saw it, some technical information about your device and if we detect that you captured a screenshot of the message, we will try to let the sender know that.
We may share information about you with service providers who perform services on our behalf. These third party service providers must agree to use such Personal Information only for the purposes specified by Embershot, and they must (i) comply with the Principles regarding transfers and processing of Personal Information; or (ii) agree to provide the same level of protection as is required by the Principles. Embershot is liable for onward transfers of data to third parties.
With respect to jointly offered Services or functionality or services offered separately by other companies through our Services, we may share information about you with business partners to provide the Services and functionality you request and to communicate with you about those Services;
We may share information about you in response to legal process or a request for information if we believe disclosure is consistent with, or required by, any applicable law, rule, or regulation; to investigate or remedy potential violations of our user agreements or policies, or to protect the rights, property, and safety of us, our users, or others; or in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company. To req
uest a copy of our Government and ThirdParty Data Request Procedure email email@example.com.
Third Party Links
The Services may also contain third-party links or be a co-branded or third-party-branded Service that's being provided jointly with or by another company. By going to those links or by using a co-branded or third-party-branded Service, you may be providing personal information directly to the third party, us, or both. You acknowledge and agree that we are not responsible for how those third parties collect or use your information. As always, we encourage you to review the privacy policies of every third-party website or service that you visit or use, including those third parties you interact with through our Services.
Embershot member accounts are secured by member-created passwords. Embershot takes precautions to insure that member account information is kept private. Embershot uses reasonable measures, as outlined in the MPAA (Motion Pictures of America Association) Best Practices Security Program and our third-party security auditors, to protect member information that is stored within the Embershot's database, and restricts access to member information to only authorized members. Embershot also restricts access to member information to employees who need access to perform their job functions, such as customer service personnel and technical staff. Please note that Embershot cannot guarantee the security of member account information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of member information at any time. For any additional information about the security measures used on Embershot, please contact us firstname.lastname@example.org.
Enforcement & Oversight
We have established procedures for periodically verifying implementation of and compliance with the Principles. We conduct an annual self-assessment of our Personal Information practices to verify that the attestations and assertions we make about our privacy practices are true and that our privacy practices have been implemented as represented. To access your information, ask questions about our privacy practices, or lodge a complaint, contact us at:
FileTrack Inc. dba Embershot.
15332 Antioch St #475
Pacific Palisades, CA 90272
If the issue cannot be resolved through our internal complaint procedure, we have agreed to cooperate with EU and Swiss data protection authorities (DPA) and comply with advice provided by such authorities pursuant to the Principles. In the event that other recourse and enforcement mechanisms have not addressed an individual's complaint, we commit to an option of binding arbitration at the request of the individual to address any unresolved complaints.
We don't direct our Services to anyone under 13. And that's why we do not knowingly collect personal information from anyone under 13. If we become aware that someone under 13 has submitted Personal Information on or through our website, we will immediately delete that individual's Personal Information.