Last Updated: December 29, 2017
Pencilbrains,llc / ZTTosha.com ., are subject to the investigative and enforcement authority of the US Federal Trade Commission (“FTC”).
I. Data Collection and Use.
A. Information You Directly and Voluntarily Provide to Us. We may collect and store some or all of the following information you make available to us:
If you download, register for or use the Service, we may ask you to provide your name, mailing address, email address, telephone number, image, interests, demographic profile, credit card information, user name, password and other registration information. You may be required to register with us and provide us with the information we request from you in order to use the Service or to use some or all of the features offered by the Service. We may also offer you the option to complete a user profile that may be visible to other users of the Service. If a user profile feature is offered through the Service, you may be able to adjust the settings in your user account to specify the information in your user profile that will be shared publicly, that will only be shared with your friends, or that will remain private. If you are a registered user you may also be able to adjust your account settings through your user account. We note that, even if you adjust your settings so that your user profile is only shared with your friends or remains private, we will still be able to access and view the information you provide as part of your user profile.
Information you provide when you contact us for technical or customer support or with questions about your use of the Service.
B. Information Automatically Collected from You. In addition to the information you provide to us, the Service may collect and store additional information automatically, this information may include:
Device registration data (e.g., the type of mobile device you use, your mobile device’s unique device or advertising ID, IP address, operating system and browser type)
Device settings (e.g., language preference)
Information about how you use the Service (for example, how many times you use the Service each day)
Requested and referring URLs
Location data collected through your device (including, for example, precise location data such as GPS and WiFi information)
Information You Publicly Post through the Service. If you post information on public areas of the Service, such as reviews, comments or forums, that information may be collected and used by Pencilbrains,llc / ZTTosha.com, other users of the Service, and the public generally. We strongly recommend that you do not post any information through the Service that allows strangers to identify or locate you or that you otherwise do not want to share with the public.
D. How We Use the Information We Collect from You. We and our service providers may use the information you provide or that is collected through the Service to operate and improve the Service, our other sites, applications, products and services, or to contact you from time to time to provide you with important information, notices and marketing promotions relating to the Service. If you wish to opt-out of receiving marketing communications from us by email, please follow the instructions contained in each email you receive from us describing how you can opt-out of receiving further marketing communications from us. If you are a registered user you may also be able to adjust your email settings by logging in to your account and adjusting your account settings.
II. Collection of Information by Third Parties.
A. Advertising and Analytics.
The Service may be supported through advertising, and we may work with third-party advertisers and advertising networks to provide advertising through the Service. We may provide these third-party advertisers and advertising networks with the ability to collect information about how you interact with the Service and, if applicable, your mobile device. This information may include the unique device or advertising identifier associated with your device and your precise location information, in order to help analyze and serve targeted advertising on the Service and elsewhere (including third-party sites and applications).
We may also work with third party analytics companies to help us understand how the Service is being used, such as data collection, reporting, ad response measurement, and website and mobile application analytics, as well as to assist with delivery of relevant marketing messages and advertisements. We may use Google Analytics, an analytics service provided by Google, Inc., or other third party analytics services providers (“Analytics Services”) to collect information about your use of the Service. These Analytics Services may collect information about the content you view and your system information and geographic information. The information generated by the Analytics Services about your use of the Service will be transmitted to and stored by the Analytics Services. The information collected by the Analytics Services allows us to analyze your use of the Service.
We encourage you to review your device and Service settings to ensure they are consistent with your preferences, including with respect to the collection and use of information. You may be able to stop further collection of certain information by the Service by updating your applicable device settings, or you may uninstall the Service. In addition, you may choose not to share your location details by adjusting your mobile device’s location services settings. For instructions on changing the relevant settings, please contact your service provider/carrier or device manufacturer.
III. Social Media Services. The Service may use social networking or “share functionality” or may contain links to third-party social media sites or applications that are not owned or controlled by Pencilbrains,llc / ZTTosha.com. Your use of these features may result in the collection or sharing of information about you by these sites or applications, depending on the feature. Pencilbrains,llc / ZTTosha.com has no control over, and assumes no responsibility for, any share functionality or the content, privacy policies, or practices of any third-party site or application. You are subject to the policies of those third parties when and where applicable. We also may allow you to use social media sites or applications to leverage your existing social media site or application accounts to access features of the Service. Please review your privacy settings for your applicable social media site or application account, as those settings determine what information may be made available to us when you access the Service through the applicable social media site or application.
We encourage you to review the privacy policies and settings on the social media sites or applications with which you interact to make sure you understand the information that may be collected, used, and shared by those sites.
IV. Children Under Age 13. The Service is not intended for children under age 13. We do not knowingly collect or distribute personal information from or about children under the age of 13. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us at legal[at]pencilbrains.com
V. How We Share Your Information. We may share your personal information in the manner described below. In the case of onward transfer to third parties of data of EU individuals received pursuant to the EU-US Privacy Shield, we are potentially liable. We may share the information you provide or that we collect in some circumstances as follows:
A. Advertisers. We may share your information with advertisers, third-party advertising networks and analytics companies as described above in Section II(A) who may use it to deliver targeted advertisements to you on the Service or third-party websites or advertisers. Similarly, these advertisers may share information with us about you that they have independently gathered or acquired. We may also share encrypted versions of information we have collected in order to enable our advertising partners to perform data analysis or for advertising-related use.
B. Corporate Affiliates. We may share your information with members of the Pencilbrains,llc / ZTTosha.com corporate family in order to provide joint content and services (like registration, transactions and customer support), or to improve your experience with our Services, products and other services.
C. Partner Programs. If you are directed to the Services through a third party, we may share certain information back with that third party, which may include information such as name, email and value of purchase depending on the type of relationship or Service utilized.
D. Marketing Campaigns. From time to time we may disclose certain information (name, mailing address and non-sensitive transactional information such as your purchase history, amounts paid and products ordered) to marketing companies for trade or rental purposes. If you prefer to opt-out of the use of your personal information by marketing companies for trade or rental purposes, please let us know at email@example.com
E. Service Providers. We may share your information with our service providers who work on our behalf. For example, these service providers may handle payment or credit card processing, data management, customer data pooling or aggregating, feature administration, email distribution, market research, information analysis, and promotions management. These service providers will only have access to the information needed to perform these limited functions on our behalf.
VI. Managing Your Information. We acknowledge the right of individuals to access their personal data. You may send an e-mail to firstname.lastname@example.org or a letter to Pencilbrains,llc / ZTTosha.com ., Attn: Legal Department; 1655 26th Street, Santa Monica, CA 90404 requesting access to or correction of your personal information. Please include your registration information you provided through the Service. We may ask you to provide additional information for identity verification purposes, or to verify that you are in possession of an applicable email account. If you’d like us to delete information that you have provided through the Service, please contact us at email@example.com and we will respond in a reasonable time. Please note that some or all of the information you provided may be required in order for the Service to function properly or may be automatically retained in backup storage or records retention archival storage.
VII. Use of Information Outside Your Country of Residence. The Service is directed to users located in the United States. If you are located outside of the United States and you choose to use the Service or provide your information to us, your information may be transferred to, processed and maintained on servers, databases or cloud storage facilities located in the United States. Your use of the Service represents your consent and agreement to these practices. If you do not want your information transferred to or processed or maintained in the United States, you should not use the Service.
In compliance with the EU-US Privacy Shield Principles, we are committed to resolving complaints about your privacy and our collection or use of your personal information. European Union individuals with inquiries or complaints regarding this policy should first contact us at firstname.lastname@example.org .
We have further committed to refer unresolved privacy complaints under the EU-US Privacy Shield Principles BBB EU PRIVACY SHIELD, a non-profit alternative dispute resolution provider located in the United States and operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgement of your complaint, or if your complaint is not satisfactorily addressed, please visit http://www.bbb.org/EU-privacy-shield/for-eu-consumers/ for more information and to file a complaint.
Please note that if your complaint is not resolved through these channels, under limited circumstances, a binding arbitration option may be available before a Privacy Shield Panel.
In compliance with the US-Swiss Safe Harbor Principles, we are committed to resolving complaints about your privacy and our collection or use of your personal information. Swiss citizens individuals with inquiries or complaints regarding this policy should first contact us at email@example.com .
We have further committed to refer unresolved privacy complaints under the US-Swiss Safe Harbor to an independent dispute resolution mechanism operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgement of your complaint, or your complaint is not satisfactorily addressed, please visit http://www.bbb.org/us/safe-harbor-complaints for more information and to file a complaint.
X. Security. We provide industry-standard physical, electronic, and procedural safeguards to protect information we process and maintain. For example, we take reasonable measures to limit access to this information to authorized employees and contractors who need to know that information in order to operate, develop or improve our Service. Please be aware that, although we endeavor to provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches. As a result, we cannot guarantee or warrant the security of any information you transmit on or through the Service and you do so at your own risk.