Paint By Numbers Privacy Policy

Last updated: November 15, 2019

We care about protecting your personal information. This Privacy Policy (“Policy”) explains how Learnings Co., Limited (“LCL”) and its subsidiaries and affiliated companies (“LCL,” “we,” or “us,”) collect, use, and share your personal information when you access or use the Paint By Numbers mobile application (“PBN”) or any associated features, content, or pages owned or operated by LCL (collectively, “Services”). This Policy does not address the privacy practices of any third parties that we do not own or control.

Please read this Policy and the Terms and Conditions carefully. By choosing to use PBN or the Services, you acknowledge and agree that your personal information may be used pursuant to this Policy. If you do not feel comfortable with any part of this Privacy Policy, you must not use or access our Services.

We reserve the right to update this Privacy Policy from time to time. If we make a material change to this Policy, we will strive to notify you by displaying a notice on our Services. By continuing to use the Services after the changes become effective, you are agreeing to be bound by the revised Policy.

1. Personal Information That We Collect

Personal information means information that, alone or in combination with other information, may be used to identify you. Personal information includes, but is not limited to, name, user name, email address, mailing address, and phone number. When you use our Services, we may collect the following information about you:

1. Account Information

When you use our Services, you may register an account with PBN to track your progress and to sync your activity across devices. To register an account, you may be asked to provide certain personal information to us, including your name, email address, and password. You are solely responsible for ensuring your account information is correct and up-to-date.

2. Information From Social Media Platforms

You may also choose to create an account with us using your Facebook or Google account credentials. When you log in using your Facebook or Google account, you authorize Facebook or Google to provide us with your personal information such as your name, profile picture, email address, language preference, and other information as listed in the authorization.

3. Information You Provide To Us

We collect any personal information you provide to us when you use our Services. For example, you may provide additional account information, such as your language preferences. You may also provide information when participating in surveys, sweepstakes, contests, or events, such as your contact information. You are solely responsible for ensuring the information you provide to us is correct and up-to-date.

4. Paint Data

When you use PBN’s features, we may collect information such as your painting history on the app, paint artifacts, completed works, and purchase history.

5. Activity and Usage Data

While accessing or using the Services, we may automatically collect information about how you interact with the services. Such information may include your Internet Protocol (“IP”) address, device identifier, advertising identifier, MAC address, operating system, browser type, language preferences, referring and exiting pages, crash data, location data, purchasing activity, and other data regarding your activities on the Services. For more information, see the section on Cookies and Similar Technologies (“Tracking Technologies”).

6. Customer Service

We collect the personal information you provide to us when you contact us for customer service, to provide feedback, or to request information. For example, when you use our Feedback and choose to upload pictures, we will collect the picture information you provide for problem analysis.

2. How We Use Your Personal Information

We shall use your personal information for the following purposes:

1. To Provide Our Services

We use your personal information to provide you with the PBN mobile application and any other Services you request. This may include processing transactions, providing you with the requested features, syncing your painting history across your devices logged into your account, customer service, etc.

2. To Personalize Your Experience

We may process your information to personalize the Services for you. For example, we use your language preferences and country location to display the correct language and time zone in the Services. We also use certain information about your device (such as operating system version and screen resolution information) to optimize the display of pictures on your screen.

3. To Send You Service-Related Communications

We will use your information (such as contact information) to send you communications about your account, requested transactions, and changes in our policies. Please note that you may not opt out of such communications, which are necessary to keep you informed about important updates about your account and the Services.

4. To Conduct Analytics and Other Internal Purposes

We may use your personal information to conduct analytics. This can be used for quality control, internal auditing, and to measure how the PBN mobile application and ad campaigns are performing.

5. To Ensure Security of our Services

While we are offering services, it is used for the purposes of identity verification, customer service, security protection, fraud monitoring, archiving and backups, ensuring the security of the products and services that we provide to you.

6. To Conduct Research and Development

We may process your personal information to improve our existing Services and help us design new ones. When we do so, we may implement security measures and safeguards to protect the privacy of your personal information. For example, we may institute technical safeguards or administrative safeguards, such as restricting access to personal information to only those who need access to conduct the research and development functions.

7. To Promote Our Services

We use your personal information for our marketing activities. For example, we may conduct targeted marketing and send you information about our and our partners’ products, events, and market studies that may be of interest to you.

1. To Maintain Legal and Regulatory Compliance

Our Services are subject to certain laws and regulations which may require us to process your personal information. For example, we process your personal information to pay our taxes, to fulfill our business obligations, and to manage risk as required under applicable law.

3. How We Share Your Personal Information

LCL may share your personal information in the following circumstances.

1. Affiliates

LCL is a multinational organization, with cross-border legal entities and management structures. We may share your personal information within our corporate organization to facilitate the Services; however, we will require that your personal information still be handled in the manner describe herein.

1. Third-Party Service Providers

We may use third parties to perform certain functions on our behalf to provide you with the Services such as:

• to process payments and complete transactions you request, such as payments for our subscription service, which is processed by Apple (App Store) or Google (Google Play Store);
• to process and store data, including your personal information;
• to provide security for our Services; and
• to conduct market research.

We have agreements with third-party service providers in place to ensure they use adequate safeguards when processing your personal information.

3. Merger, Acquisition, or Other Business Transaction

We may disclose and transfer your personal information to a subsequent owner, co-owner, or operator of PBN or the Services, or in connection with a merger, acquisition, consolidation, restructuring, or the sale of substantially all our interests and/or assets (i.e., a bankruptcy proceeding). We shall require the subsequent owner, co-owner, or operator in possession of your personal information to continue to be subject to this Privacy Policy; otherwise, we shall request that they obtain the necessary consent from you.

4. Legal Obligations and Safety

We may disclose your personal information if it is reasonably necessary to:

• Comply with a valid legal process (e.g., subpoenas, warrants, court orders, etc.);
• Comply with valid requests or investigations by public authorities;
• Comply with applicable laws or regulations;
• Enforce our policies, agreements, and terms, whether in litigation, other disputes, or otherwise;
• Protect our legitimate interests, including legal interests;
• Protect the security or integrity of the Services; or
• Protect the rights, property, or safety of you, other users, employees, partners and affiliates, or other natural persons.

We will, at our discretion, provide you with advance notice if we are compelled to disclose your personal information to law enforcement, public authorities, or other governmental entities, unless we are prohibited from doing so by governmental entities or the law.

5. With Your Consent

We may transfer your personal information for other reasons after obtaining your consent.

4. Cookies and Similar Technologies (“Tracking Technologies”)

1. What are cookies and tracking technologies?

Cookies are small data files, typically of letters and numbers, that are placed by a web server on your device. We and companies we work with may use cookies and similar technologies, including pixel tags, web beacons, mobile analytics features, and mobile identifiers (collectively, “tracking technologies”) to collect information for many reasons, such as to keep you logged in to your account, remember your preferences and settings, analyze usage of our Services, measure the performance of our Services and advertising campaigns, and ensure security on our Services. Some of the functions performed by tracking technologies are strictly necessary for us to be able to offer you our Services, while others provide us with valuable insight about how we can improve or market our Services.

2. What types of tracking technologies do we use?

We use the types of tracking technologies described below on our Services:

3. How to manage tracking technologies

We use third-party tracking technologies that allow us to automatically collect information through our Services that can recognize your device both when it visits our Services and when it visits other websites or mobile apps. We encourage you to check the websites of any third-party tracking technologies providers for more information about how they use the information they collect.

Below we describe how you can manage tracking technologies on our Services:

1. Through Your Browser/Mobile Settings

You can enable, disable or delete tracking technologies via your browser settings. To do this, follow the instructions provided by your browser, usually located within the “Help”, “Tools” or “Edit” settings of your browser or mobile device. Please be aware that if you set disable tracking technologies on your browser, you may not be able to access secure areas of the Services and parts of the Services may also not work properly (e.g., preferences, referral links).

Many browser manufacturers provide helpful information about cookie management, including, but not limited to:

• Google Chrome
• Internet Explorer
• Mozilla Firefox
• Safari (Desktop) or Safari (Mobile)
• Android Browser
• Opera

If you use a different browser than those listed above, please refer to your specific browser’s documentation or check out http://www.allaboutcookies.org/browsers/index.html to learn more about different browsers. You can also find out more information about how to change your browser cookie settings at www.allaboutcookies.org.

You may be able to control or limit mobile tracking technologies in your mobile device settings. Please follow the instructions provided by your mobile device, usually located in “Settings” of your mobile device. Many mobile device manufacturers provide helpful information about how to do this:

• Apple 
• Google/Android

2. Through Third Parties

You may also check the third party’s website below for information about how they use tracking technologies to collect and use your information, and how you may be able to opt out of tracking.

5. Marketing

We may use your personal information to send you messages about new products and services, events, or other information that may be of interest to you, whether through email or other methods. If you do not wish to receive such information, you can change your account settings or click the “unsubscribe” button in email communications. Please note that you will not be able to opt out of receiving transactional communications; otherwise, you may miss important information about your account or the Services.

6. Security

LCL takes the security of personal information seriously. We adopt standard practices in the internet industry to protect your personal information from unauthorized access, disclosure, use, alteration, and corruption or loss. We shall take all reasonable and feasible measures to protect your personal information. We shall do everything possible to take appropriate technical measures to ensure the accuracy and timely update of the personal information collected about you.

Please understand that due to the nature of the internet industry, it is impossible to ensure that systems are 100% secure. You should understand that the systems may encounter issues due to the factors beyond our control, such as malicious actors. Although the security of your personal information is our highest priority, there will always be a risk that your Personal Information gets compromised. We also depend on you to keep your account information and other personal information secure by keeping your password confidential and taking precautions to keep others from accessing your account.

7. Transfers of Your Personal Information

LCL is an international organization operating in Hong Kong. When you access or use our Services, your personal information may be processed in Hong Kong, the People’s Republic of China, or any other country in which we, our Affiliates, or service providers maintain facilities. Such countries or jurisdictions may have data protection laws that are less protective than the laws of the jurisdiction in which you reside. If you do not want your information transferred to, processed, or maintained outside of the country or jurisdiction where you are located, you should immediately stop accessing or using the Services.

If you are in the European Economic Area, United Kingdom, or Switzerland, please refer to the section below entitled Special Notice to Individuals in the European Economic Area, United Kingdom, and Switzerland.

8. Access, Modification, and Deletion

You may make changes to the information you provided in conjunction with your account by logging in to your account and changing the applicable information. If you are not able to do so by logging into your account, or if you wish to terminate and delete your account, you may contact us at paint_support@dailyinnovation.biz. Following receipt of a request from you, we will take reasonable steps to make changes or delete your information as required under the applicable law. 

9. Retention

In general, we keep your information for as long as necessary to achieve the purposes stated in this Policy or to comply with the applicable law. Otherwise we will try to delete your personal information upon your request or when we no longer need it for the purposes it was originally collected, although we reserve the right to retain such information indefinitely for the establishment or defense of legal claims, audit, or fraud and/or crime prevention purposes. We will not delete any personal information that also relates to other individuals, unless such other individuals also wish to delete their personal information at the same time.

We recognize that retention requirements can vary between jurisdictions, but we generally apply the retention periods described below.

• Account information: We will retain information associated with your account as long as your account remains active or as necessary to provide you with the requested services.
• Information collected from tracking technologies: we generally retain such information for as long as necessary for usage analytics, the establishment or defense of legal claims, audit, or fraud and/or crime prevention purposes.  
• Marketing data: Any contact information you provide to us for marketing purposes, such as your name, email address, and phone number, is retained on an ongoing basis until you unsubscribe from our marketing communications. If you unsubscribe, we will add your contact information to our do-not-contact list to respect your unsubscribe request.

10. Children

Our Services are not intended for use by children under the age of sixteen (16). We will not knowingly collect personal information directly from children under the age of sixteen (16) without parental consent. If you are under the age of sixteen (16), please do not provide us with information of any kind whatsoever. We encourage parents and guardians to spend time with their children online and to be familiar with the websites they visit. If you have reason to believe that we may have accidentally received information from a child under the age of sixteen (16), please contact us immediately according at paint_support@dailyinnovation.biz.

11. Do Not Track

Some Internet browsers - like Internet Explorer, Firefox, and Safari - include the ability to transmit “Do Not Track” (“DNT”) signals. Since uniform standards for DNT signals have not been adopted, we currently do not process or respond to DNT signals on our Services.

12. Your California Privacy Rights

If you live in California, you can ask us for a list of third parties we share your Personal Information with for marketing purposes.

California law permits California residents to ask us for a notice that identifies the categories of personal information that we share with our affiliates and/or third parties for marketing purposes, and that provides contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please submit a written request to us with your name, account information, and proof of California residence at paint_support@dailyinnovation.biz with the subject line “My California Privacy Rights.”

13. Special Notice to Individuals in the European Economic Area, United Kingdom, and Switzerland

This section only applies to individuals located in the European Economic Area, United Kingdom, or Switzerland (collectively, the “Designated Countries”) at the time of data collection.

We may ask you to identify which country you are in when you use or access some of the Services, or we may rely on your IP address to identify which country you are located in. When we rely on your IP address, we cannot apply the terms of this section to any individual that masks or otherwise hides their location information from us so as not to appear located in the Designated Countries. If any terms in this section conflict with other terms contained in this Policy, the terms in this section shall apply to individuals in the Designated Countries.

1. Our Relationship to You

LCL is a data controller with respect to any personal information collected from individuals accessing or using its Services. A “data controller” is an entity that determines the purposes for which and the manner in which any personal information is processed. Any third parties that act as our service providers or are otherwise acting on our behalf are “data processors” that handle your personal information in accordance with our instructions.

2. Legal Bases for Processing Your Personal Information. 

Below is a list of the purposes described in this policy with the corresponding legal bases for processing.  

3. Marketing

We will only contact you if you are located in the Designated Countries by electronic means (including email or SMS) based on our legitimate interests, as permitted by applicable law or your consent. If you do not want us to use your Personal Information in this way, please click the unsubscribe link at the bottom of any of our email messages to you or contact us at the email at the bottom of this page. You can object to direct marketing at any time and free of charge.

4. Transfer of Your Personal Information

We transfer your personal information subject to appropriate safeguards as permitted under the relevant data protection laws. The transfer of your personal information out of the Designated Countries is necessary for the performance of our contract with you, or the performance of a contract between us and another party that we entered into for your interest, or for important reasons of public interest. We may also rely on legal transfer mechanisms such as Standard Contractual Clauses.

5. Individual Rights

We provide you with the rights described below when you use our Services. We may limit your individual rights requests: (a) where denial of access is required or authorized by law; (b) when granting access would have a negative impact on other's privacy; (c) to protect our rights and properties; and (d) where the request is frivolous or burdensome. If you would like to exercise your rights under applicable law, please contact us at the contact information provided below. Please note, we may seek to verify your identity when we receive an individual rights request from you to ensure the security of your personal information. When we fulfill your individual rights requests for rectification, erasure or restriction of processing, we will notify third parties also handling the relevant personal information unless this proves impossible or involves disproportionate effort.

• Right of Access & Portability. You may request a copy of your personal information in our files without undue delay and free of charge, unless we are permitted by law to charge a fee. In certain situations, you may request to receive your personal information in a structured, commonly used and machine-readable format, and to have us transfer your personal information directly to another “controller,” where technically feasible.
• Right to Rectification. You may request to correct or update any of your personal information in our files.
• Right to Erasure. In certain situations, you have a right to have your personal information in our files deleted.
• Right to Restriction. Under certain conditions, you have the right to restrict our processing of your personal information.
• Right to Object. You may object to our processing at any time and as permitted by applicable law if we process your personal information on the legal bases of: consent; contract; or legitimate interests.
• Automated Individual Decision-Making, Including Profiling. You have the right not to be subject to a decision based solely on automated processing of your personal information, including profiling, which produces legal or similarly significant effects on you, unless an exception applies under applicable law.
• Right to Lodge Complaints. If you believe that we have infringed or violated your privacy rights under applicable law or this Policy, please contact us at the contact information below so that we can work with you to resolve your concerns. You have a right to lodge a complaint with a competent supervisory authority situated in a Member State of your habitual residence, place of work, or place of alleged infringement.

14. Contact Us

For any questions regarding our Privacy Policy or our privacy practices, please contact us at paint_support@dailyinnovation.biz.