Dear Freyvisioneer, 

1. Introduction

Freydesign Productions, its subsidiaries and affiliates, as applicable (collectively, “Freydesign Productions” or “Freyvision,” “we” or “us” or “our”), appreciate your use of our website (the “Site”).

As a visitor to our Site and subscriber (“Subscriber” or “Subscribers” or “you” or “your” or “yours”) of our Products and Services, we consider your privacy, whether corporate or personal, to be of paramount importance and at the top of our priorities. Information we gather from you as a user, not only facilitates interactions and transactions between us and you and other users, but also helps us continually improve your Site experience.

Towards assuring you, your personal information and content, the security and protection that is informed by the requirements of law, we outline below our policy that governs the use of this Site (the “Privacy Policy”). By accessing and browsing the Site and/or using our Products and Services, you are agreeing to be bound by and affirm that you are familiar with our Privacy Policy, as amended and modified from time to time, and its limitations or qualification. Please read it carefully. Please also note that we may, at our sole discretion, modify or revise our Privacy Policy at any time by updating the text of this page, and you are bound by any such modification or revision. You should therefore visit this page periodically to review our Privacy Policy. Your continued access, use and/or browsing on this Site following the posting of changes to the Privacy Policy means you accept those modifications or revisions.

2. Acceptance of this Privacy Policy

By registering for or using our services, you accept this Privacy Policy, which is part of our Terms of Use. We will post any modified version of our Privacy Policy at https://www.freyvision.com/privacy-policy/ If we change the Privacy Policy in a way that materially lessens our commitments to you, we will provide notice to registered users by email or other methods.

You can browse our Site without telling us who you are or revealing any personal information about yourself. If you register for an Account with us, you give us your personal information, and you are not anonymous to us. If you choose to provide us with personal information, you consent to the transfer and storage of that content on our servers and with respect to our affiliates, elsewhere in the world where we may have a presence.

3. Children’s Privacy

We do not knowingly collect personal information from individuals who are under the minimum required ages specified herein. You must be at least 13 years old or the age of majority in your jurisdiction, whichever is greater, to use our services. Individuals under the applicable age may use our services only through a parent or legal guardian’s account and with their involvement. If you are a parent or legal guardian who believes your child has provided personal information to FreyVision without your consent, you may ask us to delete such information by contacting us at privacy@freydesignproductions.com.

4. Information and data we may collect from you

We collect information about you when you use our services. In addition, third parties may collect information about you when you use our services. Collected information may include or reflect personal information that could identify you, as well as non-personal information. We refer to your information as “your data” for short.

Account Information
To create an account, you must provide a valid email address and password.

Financial Information
To make a purchase, you may need to provide a valid payment method (e.g., credit card or PayPal account). Your payment information will be collected and processed by our authorized payment vendors. We do not directly collect or store credit or debit card numbers ourselves in the ordinary course of processing transactions. If we allow purchase through a third-party platform, the payment method stored with the third-party platform will be charged.

Content You Submit
You may upload and create content such as videos, text, photographs, and artwork. Your Account may display information about you and your activities. This information may be accessed by others. Your videos may be viewed and otherwise accessed by others, and associated metadata (e.g., titles, closed captions, descriptions, tags, etc.) may be viewable by others.

Your interactions during events such as live streams and webinars, or with other users (e.g., comments, “likes,” poll responses) may be seen by others. 

If you submit images or videos to us in connection with our creation and communication tools, we may analyze such content using a variety of techniques, including machine-learning algorithms.

Capture Forms
You may submit information through a Project set up by a creator. This information will be received by both Freyvision and the creator and is subject to FreyVision’s Privacy Policy. 

Other Information You May Submit
You may submit data to us for limited purposes such as requesting customer support; participating in a study or survey; applying for a job; or signing up to receive communications from us or another user.

Automatically-Collected Information
We automatically collect certain types of data when you use our services, regardless of whether you have an account. This data includes your IP address, technical information about your device (e.g., browser type, operating system, basic device information), the web page you visited or search query you entered before reaching us, and your activities. We may track your activities using cookies and similar technologies. 

Physical Products
We collect your shipping address to send you products you have ordered.

Information Collected by Third Parties
Some third parties may collect data about you when you use our services. This may include data you submit (such as payment information) or automatically-collected information (in the case of third-party analytics providers and advertising partners).

We use Google Analytics. For more information on Google Analytics visit https://policies.google.com/privacy, https://policies.google.com/technologies/ads, and https://support.google.com/analytics/answer/6004245. 

See Google’s Privacy Policy to learn more about how Google processes data for each of these purposes and their Advertising page for more about Google ads, how your information is used in the context of advertising, and how long Google stores this information. 

We may obtain data from third parties about you. We may combine that data with information that we have collected. For example, some advertisers or advertising platforms may allow us to determine what other online services you might use so that we may place relevant ads on those services.

5. We may also disclose your personal information:

• As required by law for purposes of law enforcement, subpoena, and judicial proceedings, including a valid court order;
• When we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud or respond to a government request;
• Other third parties to whom you explicitly ask us to send your content (or about whom you are otherwise explicitly notified and consent to when using a specific Product and/or Service); or
• Other business entities, should we plan to merge with or be acquired by a given business entity. (Should such a combination occur, we will require that the new combined entity follow this Privacy Policy with respect to your personal information. If your personal information will be used contrary to this Privacy Policy, you will receive prior notice.).

We may share non-personal information (such as the number of daily visitors to a particular web page or the size of an order placed on a certain date) with third parties such as advertising partners. This information does not directly personally identify you or any user.

We do not sell your personal information to third parties, and we do not authorize the collection of our members’ or visitors’ personally identifiable information by any third parties for the third parties’ use.

6. How we use your information

We may use your data for the following purposes:
• Identification and authentication: We use your data to verify you when you access your account.
• Operating our services: We use your data to provide our services, process and fulfill orders, provide customer support, and to otherwise comply with our contractual obligations to you. We (and/or our third-party vendors) use your financial information to process purchases made by you and to pay you amounts you have earned.
• Communicating with you: We use your data when we communicate with you (e.g., when we respond to a customer for support or other inquiries).
• Improving our services: We use your data to understand how our services are being used and how we can improve them. In general, we analyze aggregated data, rather than specific user data. We may, however, need to analyze a specific case to address a specific problem (e.g., a bug that affects only a few accounts).
• Customizing your experience: We use your data to personalize the service to you. This may include remembering your preferences for language or volume or displaying videos that you might enjoy, based upon your viewing choices.
• Marketing and advertising: We use your data to show you ads on third-party sites, and to measure the effectiveness of those ads. 
• Exercising our rights: Where reasonably necessary, we use your data to exercise our legal rights and prevent abuse of our service. For example, we may use your data to detect and prevent fraud, spam, or content that violates our Terms of Use.
• Legal compliance: We use your data where we are legally required to do so. For example, we may need to gather your data to respond to a subpoena or court order.
• Protecting your information: Where appropriate, we may anonymize, backup, and delete certain data.
• We may use algorithms and other automated means to implement any of the above.

Whenever we process your data for one of these purposes, we have determined that one or more of the following lawful bases apply:
• Performance of a contract, legitimate commercial interest, compliance with a legal obligation or consent.

To review and update your personal information to ensure it is accurate, contact us at privacy@freydesignproductions.com.

7. With Whom We Share Your Data

We share data with third parties as follows:
• As you instruct: We may make your profile and videos available to others as you instruct in using our services. We may share your data with persons to whom you have granted account-level access.
• With your consent: We may share your data with third parties where we have obtained your express consent to do so.
• Authorized vendors: We may share your data with third-party vendors that help us operate our services, process orders, and comply with your instructions and our contractual obligations. This includes payment processors, content delivery networks (CDNs), cloud-based hosting services, monitoring services, email service providers, quality assurance and testing vendors, fraud and abuse prevention vendors, customer relations management (CRM) vendors, and shipment vendors.
• Advertising: We may share your data with advertising companies to display relevant ads to you, and to measure the effectiveness of those ads.
• Analytics: We may share your data with analytics providers which help us understand how customers are using our services. We may also share identifying analytics information with the hosts of webinars you attend, or users of your organization-administered account (see below for more details).
• Affiliates and advisors: We may share your data with our auditors and advisors for planning, financial reporting, accounting, auditing, tax filings, and legal compliance. We may share your data with our affiliates to the extent necessary to provide you with the services ordered.
• Certain legal situations: We may share your data where we believe disclosure is necessary to comply with a legal obligation or in connection with a corporate transaction.
• Aggregated or anonymized information: We may publicly disclose non-personal aggregated or anonymized information such as our number of visitors and registered users.

We use reasonable efforts to vet vendors for their privacy and data security practices. We require that such vendors agree to protect the data we share.

If you sign up for a Freyvision account using an email address issued to you by an organization, Freyvision may share your personal information (e.g., name, email address) with such organization. If you do not want an organization to access or otherwise control an account, use a personal email address and do not use an organizational email address when creating an account. 

8. Legal and Safety-Related Disclosures

We may disclose your data in response to official requests (e.g., court orders, subpoenas, search warrants, national security requests, etc.) (“requests”) that we receive from government authorities or parties to legal proceedings. 

We handle U.S. requests in accordance with U.S. law. If the request originates from a foreign jurisdiction, we will typically disclose information where we in good faith believe that disclosure is permitted by both U.S. law and local law. In all cases, we may raise or waive any legal objection or right available to us, in our sole discretion.

We may disclose user data where we reasonably believe that someone’s life is at risk. For example, if we become aware of a person threatening to commit suicide, we may share that person’s data with appropriate entities that may have the ability to help.

We may disclose user data to report suspected crimes. 

We may disclose user data in situations involving legal claims against us or one of our users. If you submit a Digital Millennium Copyright Act (DMCA) or other takedown notice, we may share that notice with the affected user. If you challenge such a notice, we may share your response with the complainant.

We may share your data with potential transaction partners, advisors, and others in the event our company is, in whole or part, acquired by a third party. In such cases, we will use reasonable efforts to require the acquiring entity to comply with this Privacy Policy.

9. Data Retention

We retain your data for as long as you have an account. We may retain uploaded and submitted content and logs of automatically collected information (for internal analytics and security purposes); your email address; communications with you; and your transactional information (for auditing, tax, and financial purposes). When we no longer have a business reason for retaining data, we will delete or anonymize it.

Once we delete a video, we may not be able to recover it. If you have previously made a video public, the video or its thumbnail may be discoverable in a search engine’s cache for a time. 

If we receive legal process pertaining to your account, we will retain your data for as long as we in good faith believe is necessary to comply with the legal process. Similarly, if we believe that your account has been involved in wrongdoing, we may preserve your data to defend or assert our rights.

10. Your Privacy Choices

We enable you to make numerous choices about your data:
• You may choose not to provide us with certain information. For example, you may choose not to create an account or not to provide optional account information.
• You may change or correct information voluntarily submitted to us. We encourage you to keep your data current by viewing your settings page.
• You may opt out of receiving commercial emails from us. See Section 12 for more details.
• You may backup your videos and other uploaded content.
• You may close your account.
• Users in certain jurisdictions may have additional rights. See Section 16 for more details.

11. Account and Video Privacy Settings

As part of our services we offer you the ability to limit the distribution of your content, including your videos. This section explains some of your choices.

Profile
Some of our online subscription plans enable you to lock your content or otherwise make it inaccessible on our website. Your profile will, however, remain accessible to persons who have access to your account or content.

Videos
You should exercise caution in granting access to others (whether through link sharing or subscriptions). Once you have granted access to someone else, you lose a degree of control over the distribution of your video as those persons may share the password and/or link with other people. 

Regardless of your profile or video privacy settings, Freyvision reserves the right to inspect them for compliance with its Terms of Service, to provide customer support, or to address technical issues.

12. Communications from Us

Emails
If you create an account, you may receive commercial emails from us. This includes newsletters and offers. You may always unsubscribe from receiving commercial messages in your Account settings. Please note that any unsubscribe request may take several days to process and you will continue to receive transactional emails from us (e.g., emails confirming transactions and/or providing information about your account).

Mobile Device Communications
We may, with your consent, send SMS messages to your mobile telephone. You may opt out of receiving such messages at any time.

13. Protecting Your Information

We use physical, technical, and organizational security measures to safeguard your data from unauthorized or accidental disclosure. Despite these efforts, no information system can be 100% secure, so we cannot guarantee the absolute security of your information. Users also have a role to play in keeping their data safe. We encourage you to use a unique and hard-to-guess password for your account and to not share it with others. You should only grant access rights to people who you know and trust, and, even then, you should be careful in granting all access rights. You should monitor your account regularly. If you believe that someone has gained access to your account without your permission, please contact us immediately so that we can investigate.

14. Your Responsibilities

You may receive other people’s data while using our service. If you receive information from other users, you must process that information in compliance with our published privacy policy and all applicable laws, including those concerning privacy, data security, and online marketing.

15. Third-Party Services

We may provide links to online services that we do not own or operate. These services fall outside of this Privacy Policy and we have no control over the data they collect. For example, if you click on an advertisement, you may be taken to the advertiser’s website. Once on a third-party site, your data may be collected by others. We encourage you to read the privacy policies of such services before using them.

You may use our service through third-party sites and to send you offers. For example, you may watch a video that is embedded on a third-party site or use our Site on a third-party platform. This Privacy Policy covers our Site, but does not cover any third-party site or any third-party video player.

16. International Data Transfers and Certain User Rights

16.1 Location of Data
Freyvision is based in the United States. We provide services globally using computer systems, servers, and databases located in the U.S. and possibly other countries. When you use our services from outside of the U.S., your information may be transferred to and processed in the U.S.. Please note that U.S. data and privacy laws may not be as comprehensive as those in your country. Residents of certain countries and states may be subject to additional protections as set forth in Sections 16.2 and 16.3 below.

16.2 GDPR (EEA and UK Users)
This Section 15.2 applies only to natural persons residing in the European Economic Area and the United Kingdom (for the purpose of this section only, “you” or “your” shall be limited accordingly). It is Freyvision’s policy to comply with the EEA’s General Data Protection Regulation (GDPR). In accordance with the GDPR, we may transfer your personal information from your home country to the U.S. (or other countries) based upon the following legal bases:

Legitimate business interests: We could not provide our services or comply with our legal obligations without transferring your personal information to the U.S.

Our use of Standard Contractual Clauses (also known as “Model Clauses”) where appropriate.

You have the right to: opt out of non-essential cookies (see our Cookie Policy); access, correct, delete, restrict, or object to our use of your personal information; be forgotten; port your data; and withdraw consents. We enable exercise of these rights primarily through our services (which we reserve the right to modify). For example, we allow users to change their information, download their videos, and close their accounts. We also fulfill our obligations in response to direct requests. We will endeavor to process requests within one month. Please note that we may not be able to comply with requests to the extent that they would cause us to violate any law or infringe any other person’s rights. We reserve the right to request appropriate identification. We will process requests free of charge unless they would impose an unreasonable cost on us.

We are committed to working with you to obtain a fair resolution of any issue. You also have the right to file a complaint with the supervisory data protection authority of your jurisdiction.

16.3 California Users
Under California’s “Shine the Light” law, California residents have the right to opt out of disclosing information to third parties for the purpose of allowing such third parties to directly market their products and services. At this time, we do not engage in this type of disclosure.

Under the California Consumer Privacy Act (“CCPA”), California consumers have the following rights, which can be exercised directly or in certain cases, through an authorized agent:

Right to Know. You have the right to request information about the categories and sources of personal information we collect, our purposes for collecting the information, and the types of third parties that receive that information. In addition, you have the right to request a copy of your personal information. You may exercise this right once per 12-month period by using this form.

Right to Delete. You have the right to request that we delete some or all of the personal information that we have about you. Deleting all data will typically require the deletion of your account, along with all content, including your videos. Notwithstanding the foregoing, we may retain information to provide services you have ordered, complete transactions, honor opt-outs, prevent fraud, spam, and other abuse, comply with our legal obligations, cooperate with law enforcement, and to exercise and defend our rights. You may exercise your right to delete by emailing us at privacy@freydesignproductions.com

Do Not Sell. You have the right to opt out of the sale of your personal information, and to request information about whether we have sold your personal information in the past 12 months. When you use our services, we may share your personal information with advertising partners in a way that may constitute a sale under the CCPA. You may opt out via the link provided on the relevant page or app. If we do not provide an opt-out mechanism, it is because we do not believe in good faith that your personal information is being sold. 

Non-Discrimination. We won’t discriminate against you because you exercise any rights herein.

To exercise your rights to know and delete, we must be able to verify your identity as the owner of the Freyvision account you are inquiring about. We may not be able to fulfill your request until we can do so. In general, we verify identity by confirming that you are the owner of the email address associated with the Account. An authorized agent submitting a request on your behalf must also have access to the email address associated with the Account, along with sufficient evidence that you have authorized that person to submit the request on your behalf. Although you need not have a Freyvision Account to submit a request, we may not be able to locate certain information to process your request if you don’t have one.

16.4 Nevada Users
Nevada residents have the right to opt out of the sale of certain “covered information” collected by operators of websites or online services. We currently do not sell covered information, as “sale” is defined by such law, and we don’t have plans to sell this information. However, if you would like to be notified if we decide in the future to sell personal information covered by the Act, you can provide us with your name and email address at privacy@freydesignproductions.com. You are responsible for updating any change in your email address by the same method and we are not obligated to cross-reference other emails you may have otherwise provided us for other purposes. We will maintain this information and contact you if our plans change. At that time, we will create a process for verifying your identity and providing an opportunity to verified consumers to complete their opt-out. Please become familiar with our data practices as set forth in this Privacy Policy. We may share your data as explained in this Privacy Policy, such as to enhance your experiences and our services, and those activities will be unaffected by a Nevada do not sell request.

17. How to Contact Us

For any questions, inquiries, or complaints relating to your privacy, please contact us at:

privacy@freydesignproductions.com

Effective Date: 03.03.2023

Freydesign Productions