Privacy Policy

Last Modified: March 27, 2019

1. Introduction

Sleepwalk, LLC ("Pictalk") is dedicated to protecting your personal information. This Privacy Policy applies to your use of any Pictalk-owned websites, software, or associated services (collectively the "Platform"). Our Privacy Policy discloses our privacy practices and explains to you how we use, collect, store, transfer, and share your personal information. Please review this Privacy Policy periodically as we may revise it from time to time without notice. If you do not agree with or accept our Privacy Policy in its entirety, you must not access or use the Platform. Where any term is not defined in our Privacy Policy such term shall be defined in our Subscriber Terms of Use.

2. Information Collected

Personal data or personal information means any information about an individual from which that person can be identified. It does not include data where the identity has been removed or otherwise anonymized.

Personal Information Collected from Users

You will not be required to provide us with any personal information when you visit our Platform. However, portions of our Platform may require us to collect personal information about you. During your use of the Platform we may collect your name, email, interests and social media information, address, telephone number, username, password, identifier, date of birth, and other identifying details. Any personal information you submit via the Platform shall be used and disclosed in accordance with this Privacy Policy. We may also collect payment information that you make available to us for your use of the Platform. Please be aware that this payment information shall be stored by third party payment processors.

Personal Information Automatically Collected

Whenever you use our Platform, we may collect non-identifying information from you, such as your IP address, date/time-zone, interactions with the Platform, query information, location information, referring URL, browser, application interaction, mobile provider information, operating system, data usage, data transferred, and Internet Service Provider.

3. Anonymized Data

Please be aware that we me may collect and aggregate personal information from our Platform and may anonymize that information for our own research or internal purposes. Once such data has been anonymized, it cannot be traced back to you, the user.

This section explains how Pictalk may share or use your personal information. You consent to our use of your personal information for the following purposes:

CONTRACT ADMINISTRATION - We may use your personal information to negotiate, execute, renew and/or manage a contract with you.
ACCESS AND COMMUNICATIONS TO OUR PLATFORM AND SERVICES - We may use your personal information to (1) set-up and manage your Pictalk account; (2) interact with you through our Platform (e.g. software updates, Platform announcements, etc.): and/or (3) manage and respond to your questions (e.g. technical, commercial or administrative) or requests for maintenance and support.
USE OF THE PLATFORM - We may use your personal information to (1) enable you to enjoy the use of, and easily navigate the Platform; and/or (2) better understand your needs and interests.
SHARING WITH THIRD PARTIES - We may use your personal information to share with other users of the Platform. We may also share your information with service providers with whom we contract with such as contractors, payment providers, web hosts, data providers and others so that we may provide you any services and allow you to access the Platform. We will never sell your information to any third parties.
TRAINING & IMPROVEMENTS - We may use your personal information to (1) train our employees or contractors to allow for a better Platform experience; and/or (2) improve the Platform.
DIRECT MARKETING AND INQUIRIES - We may use your personal information to contact you for additional products and services that you may be interested in or to respond to an inquiry.
LEGAL PROCESS - We may share your information: if we believe that disclosure is reasonably necessary to comply with a law, regulation, legal or governmental request; to respond to a subpoena, court order, warrant, or other legal process; to enforce applicable Terms of Use or this Privacy Policy, including investigation of potential violations thereof; to protect the safety, rights, or property of the public, any person, or Pictalk; to detect, prevent, or otherwise address security, technical issues, or illegal or suspected illegal activities (including fraud); or as evidence in litigation in which we are involved, as part of a judicial or regulatory proceeding.

5. Retention of Personal Information

Pictalk will only retain your personal information for as long as required. We will keep your personal information:

For any legally required duration or per our internal data retention policies.
Until we receive a request to eliminate, delete, or modify any of your personal information stored with us, subject to our legal obligations.

For legal purposes and/or at the request of governmental authorities or regulatory agencies we may retain your personal information even after a request for deletion or removal by you.

6. Accessing and Editing Your Information

When using our Platform you may be able to access and edit some of your personal information and any User Content via the Platform dashboard. If at any time, you have any questions or wish to review, change, or edit any additional personal information or User Content collected by us, please contact us at contact@pictalk.com.

7. Removal of Information

If you wish to have any of your personal information or User Content stored within the Pictalk Platform removed, please contact us at contact@pictalk.com. Please be aware that removal requests are not processed instantaneously. There may be a reasonable delay in removing any personal information requested.

You may make a removal request by email at contact@pictalk.com. If you require additional details regarding the deletion or retention of your personal information or User Content, please contact us. All removal or deletion requests are subject to Section 5 and subject to any applicable laws. Additionally, we will retain and use your personal information (even after a removal or deletion request), where required, so that we may fulfill our legal obligations, resolve disputes, and enforce our agreements.

8. Cookies

We currently use cookies to understand your use of our Platform and to remember your logins and may share your cookie information with third parties including but not limited to Google Analytics. If you do not wish to have cookies loaded on your browser, please adjust your browser settings. Please be aware that disabling cookies may cause some issues with the functionality of our Platform.

9. Opting Out and Do Not Track

If you decide to provide us with your contact information, you agree that we may send you communications via text and email where you have consented. However, you may opt out of any communications and you may opt out of certain personal information submission where applicable. If you wish to opt out of certain communications or information collection, please do so via the Platform dashboard.

We currently do not offer website functionality for you to opt out of any "do not track" signals or listings.

10. Third Parties

Pictalk or its users may post links to third party websites on our Platform, which may include information that we have no control over. When accessing a third party site through our Platform, you acknowledge that you are aware that these third party websites are not screened for privacy or security issues by us. Pictalk bears no responsibility for the information collected or used by any advertiser or third party website that you have visited through a link on our Platform. You must review that third party's Terms of Use and Privacy Policy to understand how their information collection practices work.

11. Security Measures

We make reasonable attempts to protect your information by using physical and electronic safeguards in accordance with industry standards. However, as our Platform is hosted electronically we can make no guarantees as to the security or privacy of your information. For this reason, we recommend that you use anti-virus software, robust passwords, firewalls, and other precautions to protect yourself from security and privacy threats.

12. Your California Privacy Rights

Pictalk permits residents of the State of California to use its Platform, and complies with the California Business and Professions Code §§ 22575-22579. If you are a California resident you may request certain information regarding our disclosure of personal information to any third parties for their direct marketing purposes. Various provisions throughout this Privacy Policy address requirements of the Californian privacy statutes. Although we do not disseminate your information to third parties without permission, you must presume that we collect electronic information from all visitors. You may contact us at contact@pictalk.com with any questions regarding your California Privacy Rights.

13. Age Compliance

We intend to fully comply with American and international laws respecting children's privacy. Therefore, we do not collect or process any information for any persons under the age of 13. If you are under 13 you may not access the Platform.

14. Transfer of Your Information Internationally

If you are not a citizen of the United States please be aware that your personal information shall be transferred and processed in the United States. These data transfers are necessary to provide the Platform to you. If you are a citizen of the European Union, please do not submit any information to us.

15. Merger and Acquisition

In the event that Pictalk is involved in a bankruptcy, merger, acquisition, reorganization or sale of assets, your personal information may be sold or transferred as part of that transaction. Please be aware that once the information is transferred your privacy rights may change.

16. Amendments

Like our Terms of Use, we may amend this Privacy Policy at any time without notice. When we amend this Privacy Policy, we will modify the date listed on this Agreement or we may contact you. You must agree to the amendments as a condition of your continued use of our Platform. If you do not agree, you must immediately cease using our Platform and notify us of your refusal to agree by e-mailing us at contact@pictalk.com.

17. Contacting Us

If you have any additional questions, please contact us at contact@pictalk.com.