AMS Software PRIVACY POLICY

Updated: June 15, 2020


1. SCOPE OF PRIVACY POLICY

Protecting your privacy is important to AMS Software, Inc. (“AMS Software,” “us,” “our,” or “we”). This Privacy Policy contains important information on who we are, how and why we collect, store, use, and share your personal information. It also explains your rights in relation to your personal information and how to contact us or supervisory authorities in the event you have a complaint.

Please read this Privacy Policy before using the PhotoDiva mobile application and related services, the PhotoDiva website, and all publicly-available websites and subdomains provided by us on which a link to this Policy is displayed (collectively or individually referred to as the “Application”). By using the Application, you consent to the collection, transfer, process, storage, disclosure, and use of your information as described in this Privacy Policy. If you do not agree with this, please do not use the Application.

2. INFORMATION WE PROCESS

We can process Information collected by automated means: When you use the App, some information about you, your device and your user behavior may be processed automatically. This information is generally non-personal, and we may access it only in aggregated form. We process this information on the ground of our legitimate interest in improving our App and giving our users the best experience. If we do not access such data, we may not be able to provide you with all the requested services and features of the App.

The following data can be processed:

  1. type of your mobile device and operational system version which is installed on your mobile device, language your system uses;
  2. region information of your mobile device, time zone of your device;
  3. region associated with your SIM card;
  4. Internet Protocol (“IP”) address;
  5. Identity for Advertisers (IDFA) / Advertising ID which is a string of numbers and letters that identifies your individual smartphone or tablet;
  6. language;
  7. Payment Information. If you complete an in-app purchase through the Application using either a traditional payment method or virtual currency, we or our third-party payment or virtual currency processors collect information necessary to process and facilitate your transactions, including:

• The date, time, and amount of a transaction

• For traditional payment transactions, payment (e.g., credit card) and billing information.

• For virtual currency transactions, information identifying your account information and the account you are transacting with, your public wallet address, your account balance, your transaction history, blockchain transaction identifiers (e.g., the transaction hash), and the public wallet address of payors and payees. You should be aware that when you earn and spend using virtual currency, your blockchain transactions will be publicly visible to anyone who has access to the blockchain.

It is noted that all the images (photos, portraits) you retouch are saved on your mobile device only. Under no circumstances any of your images (photos, portraits), whether retouched or not, shall be available to us or stored by us.

This application is using AppMetrica tracking (Yandex mobile app analytical solution). The service is provided by Yandex, Ltd. (located at 16, Tolstogo street, Moscow, Russia, 119021 and hereinafter referred to as Yandex) on terms constituted in the Terms of Use.

AppMetrica analyses app usage information (including the device and installation source), collects your activity statistics and calculates conversion rate. All this information is later used to analyse the product, plan advertising and perform troubleshooting. The information collected with AppMetrica tracking cannot be used to identify you.

3. THE PURPOSES OF PROCESSING YOUR PERSONAL INFORMATION

In addition to some of the specific uses of information we describe in this Privacy Policy, we may use information that we receive and the choices you make in your settings:

• For traditional payment transactions, payment (e.g., credit card) and billing information.

• To provide the functionality of the Application

• To help us develop, deliver, test and improve the Application

• To monitor metrics such as total number of visitors, traffic, and demographic patterns

• To provide personalized content and information to you and others, which could include sending you

promotional messages, marketing, advertising and other information that may be of interest to you

• To diagnose or fix technology problems

• To allow us to keep you posted on PhotoDiva’s latest product announcements, application updates, and upcoming events

• To provide customer support and respond to your inquiries and requests

• To allow Professionals contact you through the Application (as further described below)

• To administer referral programs, rewards, surveys, sweepstakes, contests, or other promotional activities or events sponsored or managed by us or our third-party business partners

• To find and prevent fraud

• To resolve disputes, to protect the rights, property, or safety of PhotoDiva, our Application visitors, customers, or the public, and to enforce any legal terms that govern your use of the Application or our other services and products

• To comply with our legal and regulatory obligations

• For the performance of any contract with you or to take steps at your request before entering into a contract

• Where you have given consent

If any new purposes for processing your personal data arise we will let you know we start to process information on that other purpose by introducing the corresponding changes to this Privacy policy.


4. SHARING OF YOUR PERSONAL INFORMATION

We treat your Personal Data with care and confidentially and will only pass it on to third parties to the extent described below and not beyond. We do not share, sell, rent, or trade Personal Data with third parties for any promotional purposes. Where our affiliates, resellers, or service providers process Personal Data, they will do so solely on our instructions and have undertaken to comply with strict contractual requirements for the security of your data (including, but not limited to, complying with this Privacy Statement).

Within our corporate group entities We may share your personal data with our Affiliates. This may be for the purpose of storing such personal data on our behalf, or for other processing needs that we wish to delegate to such Affiliates. These Affiliates may be based in other countries, and their servers may be located anywhere in the world. Such transfers will be covered by an internal processing agreement entered into by such Affiliates (an intra-group agreement) which contractually obliges each Affiliate to ensure that personal data receives an adequate and consistent level of protection wherever it is transferred to.

With service providers who assist us in operating our business and the Services We will share your personal data with third party service providers who assist us to operate our business and/or the Services (for example, Vendors and advertising networks). Our service providers are authorized to use your personal data only as necessary to provide us with their services and not for their own purposes. We do not sell your personal data to such third parties. These third parties may have their own privacy policies that they adhere to (so they won't necessarily adhere to this Notice); however, we do try to engage third parties that post a privacy policy.

Although we make every effort to preserve user privacy, we may need to disclose personal information when required by law, such as when we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order, or litigation or other legal process or action (whether or not initiated by AMS Software) to protect PhotoDiva's, our users' or third parties' rights, property or safety. We will transmit data to public authorities such as law enforcement or tax authorities only in the case of a legal obligation to do so based on a request for information from the respective authority.

To measure the effectiveness of the advertisement, we may install third party modules in the smart phone versions of the Services.


5. CHILDREN’S PRIVACY

We do not knowingly collect or solicit any information from anyone under the age of 16 or knowingly allow such persons to register for the Application. The Application and its content are not directed at children under the age of 16. In the event that we learn that we have collected personal information from a child under age 16 without parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 16, please contact us at customers@ams-soft.com


6. YOUR CHOICES ABOUT YOUR INFORMATION

You may opt out of receiving promotional communications from us by following the instructions in those messages. If you opt out, please note that we may still send you Application-related communications, such as those about your account or our ongoing business relations.
Opting Out of Interest-Based Advertising Services
You may opt-out from any interest-based advertising by turning on “Limit Ad Tracking” in your device settings.
To limit Ad Track on an Apple device, see instructions at: https://support.apple.com/en-us/HT202074
To limit Ad Tracking on an Android device, see instructions at: https://support.google.com/ads/answer/2662922

When you have opted out using this setting on a device, advertisers will not use in-app information collected from that device to infer your interests or serve ads to that device that are targeted based on your inferred interests. Please note, however, that opting-out will not block general advertisements that are sent at random, and not tied to the perceived interest of the User of a particular device.

Control or Disable the Collection of Geolocation Information We do not collect geolocation information from you unless we obtain your explicit consent through the device’s settings menu. You can also control the collection of certain precise location information by changing the preferences on your mobile device (certain services may lose functionality as a result).


Push Notifications

We may send push notifications to your mobile device. You can deactivate these messages at any time by changing the notification settings within the App or your device settings.


7. HOW LONG WE KEEP YOUR INFORMATION

We will retain your information for the period necessary to fulfill the purposes for which your information has been collected as outlined in this Privacy Policy unless a longer retention period is required by law.


8. CHANGES TO OUR PRIVACY POLICY

AMS Software may modify or update this Privacy Policy from time to time, so please review it periodically. We may provide you additional forms of notice of modifications or updates as appropriate under the circumstances. Your continued use of PhotoDiva or the Application after any modification to this Privacy Policy will constitute your acceptance of such modification.


9. INQUIRIES

If you have questions or concerns about PhotoDiva’s Privacy Policy or to submit a request for information, please contact us at customers@ams-soft.com.