Privacy Policy

Graphiti is a consumer facing mobile app that allows young Millennials to share content expressively and privately within their social graph. Users can mark up over content by using paint, stencil and other tools provided by the Graphiti app, a/k/a “bombing content”, and then posting the content for their friends to see. Users choose who they want to share their bombed content with. In turn, each of the recipients who receive the bombed content has also the option to reciprocate by re-marking up the content and then sharing it with the original group of friends. Users also have the option through a privacy setting to forward their private exchange (of bombed content) to the public. Graphiti is a fun and expressive way to share your point of view about all types of content with your friends and people in your social circles.

  1. INFORMATION WE COLLECT

We collect the following types of information.

Information you provide us directly:

  • Your mobile phone number, username, password and e-mail address when you register for a Graphiti account.
  • Profile information that you provide for your user profile (e.g., first and last name, picture, phone number). This information allows us to help you or others be “found” on Graphiti.
  • User Content (e.g., photos, comments, and other materials) that you post to the Service.
  • Communications between you and Graphiti. For example, we may send you Service-related emails (e.g., account verification, changes/updates to features of the Service, technical and security notices). Note that you may not opt out of Service-related e-mails.

Finding your friends on Graphiti:

  • If you choose to locate other people with Graphiti accounts either through (i) your device’s contacts list, then Graphiti will access your contacts list to determine whether or not someone associated with your contact is using Graphiti; (ii) third-party social media sites, then you will be prompted to set up a link to the third-party service or (iii) through a search of phone numbers, email, and social network ID with the Graphiti app. You understand that any information that such methods may provide to us will be governed by this Privacy Policy.
  • If you choose to invite someone who does not currently have a Graphiti account to the Service through our app, you may select a person directly from the contacts list on your device and share your content to him or her. The recipient will receive a text message to install and launch our app to view your content. You understand and agree that you are responsible for any charges that apply to communications sent from your device, and because this invitation may come directly from your device, Graphiti cannot control this communication.

Information transmitted to 3rd party social networking sites:

  • Our Service may enable you to post content to social networking sites (e.g., Facebook or Twitter). If you choose to do this, we will provide your information to such social networking sites in accordance with your elections. Such site’s use of your information is not governed by this privacy policy. You acknowledge that you are solely responsible for your use of those sites and that it is your responsibility to review the terms of use and privacy policy of the third party provider of such social networking sites. Graphiti will not be responsible or liable for: (i) the availability or accuracy of such sites; (ii) the content, products, or services on or availability of such sites; or (iii) your use of any such third party social networking sites.
  • Our Service also allows you to find and / or invite your friends from 3rd party social networking sites to join Graphiti. We may collect information when you register to join the Service by logging into an account that you already have with certain third-party social networking sites via the Service. By connecting to the Service with these other networking services, you give us permission to access, store and use your information from them, including, but not limited to, your personally identifiable information, any information that you have permitted these other networking services to share with us, any information you have made public in connection with that service, any interests that are not hidden and mutual friends that you may have in common with another users.

Analytics information:

  • We use third-party analytics tools to help us measure traffic and usage trends for the Service. These tools collect information sent by your device or our Service, including the web pages you visit, add-ons, and other information that assists us in improving the Service. We collect and use this analytics information with analytics information from other users so that it cannot reasonably be used to identify any particular individual user.

Cookies and similar technologies:

  • When you visit the Service, we may use cookies and similar technologies like pixels, web beacons, and local storage to collect information about how you use Graphiti and provide features to you.
  • We may ask advertisers or other partners to serve ads or services to your devices, which may use cookies or similar technologies placed by us or the third party.

Log file information:

  • Log file information is automatically reported by your browser each time you make a request to access (i.e., visit) a web page or app. It can also be provided when the content of the webpage or app is downloaded to a browser or device.
  • When you use our Service, our servers automatically record certain log file information, including your web request, Internet Protocol (“IP”) address, browser type, referring / exit pages and URLs, number of clicks and how you interact with links on the Service, domain names, landing pages, pages viewed, and other such information. We may also collect similar information from emails sent to our users which then help us track which text or emails are opened and which links are clicked by recipients. The information allows for more accurate reporting and improvement of the Service.

Device identifiers:

  • When you use a mobile device like a tablet or phone to access our Service, we may access, collect, monitor, store on your device, and/or remotely store one or more “device identifiers.” Device identifiers are small data files or similar data structures stored on or associated with your mobile device, which uniquely identify your mobile device. A device identifier may be data stored in connection with the device hardware, data stored in connection with the device’s operating system or other software, or data sent to the device by Graphiti.
  • A device identifier may deliver information to us or to a third party partner about how you browse and use the Service and may help us or others provide reports or personalized content and ads. Some features of the Service may not function properly if use or availability of device identifiers is impaired or disabled.

Metadata:

  • Metadata is usually technical data that is associated with User Content. For example, metadata can describe how, when and by whom a piece of User Content was collected and how that content is formatted.
  • Metadata may be added to the User Content including a hashtag (e.g., to mark keywords when you post a photo), geotag (e.g., to mark your location to a photo), comments or other data. This makes your User Content more searchable by others and more interactive. If you geotag your photo or tag your photo using other’s APIs then, your latitude and longitude will be stored with the photo and searchable (e.g., through a location or map feature) if your photo is made public by you in accordance with your privacy settings.
  1. HOW WE USE YOUR INFORMATION

In addition to some of the specific uses of information we describe in this Privacy Policy, we may use information that we receive to:

  • Provide and deliver the products, services, and functionality that you request, process transactions, and send you related information.
  • Communicate with you. 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 identify and prevent fraud or other unauthorized or illegal activity.
  • Carry out any other purpose for which the information was collected.
  1. SHARING OF YOUR INFORMATION

We will not rent or sell your information to third parties outside Graphiti (or the group of companies of which Graphiti is a part) without your consent, except as noted in this Policy.

Parties with whom we may share your information:

  • We will not share your personal information to any outside party except third parties (including contractors and service providers) affiliated with Graphiti who are necessary in certain aspects of its operations, which may require disclosure of your personal information to them. For example, Graphiti may use a trusted 3rd party to process your payment for purchase transactions of products or services within our app.
  • We may share User Content and your information (including but not limited to, information from cookies, log files, device identifiers, location data, and usage data) with businesses that are legally part of the same group of companies that Graphiti is part of, or that become part of that group (“Graphiti Group Entities”). Graphiti Group Entities may use this information to help provide, understand, and improve the Service (including by providing analytics) and Graphiti Group Entities’ own services (including by providing you with better and more relevant experiences).
  • We also may share your information as well as information from tools like cookies, log files, and device identifiers and location data, with third-party organizations that help us provide the Service to you. Our service providers will be given access to your information as is reasonably necessary to provide the Service under reasonable confidentiality terms.
  • We may also share certain information such as cookie data with third-party advertising partners. This information would allow third-party ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you.
  • We only provide data to our advertising partners or affiliates after we have removed your name or any other personally identifying information from it, or have combined it with other people’s data in a way that it is no longer associated with you. The collected information from many users may be aggregated for analysis and, in some instances, made generally available in an anonymous fashion to our partners.

Parties with whom you may choose to share your User Content:

  • Any information or content that you voluntarily disclose for posting to the Service, such as User Content, may become available to the public, subject to any applicable privacy settings that you control. Once you have elected to share User Content to the public, that User Content may be re-shared by others.
  • Subject to your profile and privacy settings, any User Content that you make public is searchable by other users and subject to use under our Graphiti app and APIs.
  • If you remove information that you posted to the Service, copies may remain viewable in cached and archived pages of the Service, or if other Users or third parties using the Graphiti API have copied or saved that information.

What happens in the event of a change of control:

  • If we sell or otherwise transfer part or the whole of Graphiti or our assets to another organization (e.g., in the course of a transaction like a merger, acquisition, bankruptcy, dissolution, liquidation), your information such as name and email address, User Content and any other information collected through the Service may be among the items sold or transferred. You will continue to own your User Content.

Responding to legal requests and preventing harm:

  • We may access, preserve and share your information in response to a legal request (like a search warrant, court order or subpoena) if we have a good faith belief that the law requires us to do so. This may include responding to legal requests from jurisdictions outside of the United States where we have a good faith belief that the response is required by law in that jurisdiction, affects users in that jurisdiction, and is consistent with internationally recognized standards. We may also access, preserve and share information when we have a good faith belief it is necessary to: detect, prevent and address fraud and other illegal activity; to protect ourselves, you and others, including as part of investigations; and to prevent death or imminent bodily harm. Information we receive about you may be accessed, processed and retained for an extended period of time when it is the subject of a legal request or obligation, governmental investigation, or investigations concerning possible violations of our terms or policies, or otherwise to prevent harm.
  1. HOW WE STORE YOUR INFORMATION

Storage and Processing:

  • Your information collected through the Service may be stored and processed in the United States or any other country in which Graphiti, Graphiti Entities or its service providers maintain facilities.
  • Graphiti, Graphiti Group Entities, or its service providers may transfer information that we collect about you, including personal information across borders and from your country or jurisdiction to other countries or jurisdictions around the world. If you are located in the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction.
  • By registering for and using the Service you consent to the transfer of information to the U.S. or to any other country in which Graphiti, Graphiti Group Entities or its service providers maintain facilities and the use and disclosure of information about you as described in this Privacy Policy.
  • We use commercially reasonable safeguards to help keep the information collected through the Service secure and take reasonable steps (such as requesting a unique password) to verify your identity before granting you access to your account. However, Graphiti cannot ensure the security of any information you transmit to Graphiti or guarantee that information on the Service may not be accessed, disclosed, altered, or destroyed.
  • You are responsible for maintaining the secrecy of your unique password and account information, and for controlling access to text and emails between you and Graphiti, at all times. Your privacy settings may also be affected by changes the social media services you connect to Graphiti make to their services. We are not responsible for the functionality, privacy, or security measures of any other organization.

How long we keep your User Content:

  • Following termination or deactivation of your account, Graphiti, Graphiti Group Entities, or its service providers may retain information (including your profile information) and User Content for a commercially reasonable time for backup, archival, and/or audit purposes.
  1. CHILDREN’S PRIVACY

Graphiti does not knowingly collect or solicit any information from anyone under the age of 13 or knowingly allow such persons to register for the Service. The Service and its content are not directed at children under the age of 13. In the event that we learn that we have collected personal information from a child under age 13 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 13, please contact us.

  1. CHANGES TO OUR PRIVACY POLICY

Graphiti 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 Graphiti or the Service after any modification to this Privacy Policy will constitute your acceptance of such modification.

  1. HOW TO CONTACT US

If you have any questions regarding this privacy policy statement, please contact us at support@graphit-app.com. We will use commercially reasonable efforts to resolve any disputes.

Graphiti is located at 10815 Rancho Bernardo Road, San Diego, CA, 92127.