Last Updated: August 22, 2023
By visiting Picmaker.com, creating an account on the website, or by using any of Picmaker’s services, you are accepting the practices described in this Privacy Policy, to the extent permitted by law. If you do not accept the practices described in this privacy policy, you should not use Picmaker.com or any of picmaker’s services.
Welcome to Picmaker’s Privacy Policy. This policy applies to your use of the Picmaker.com website, and any other websites, applications, or services provided, owned, or operated by Picmaker (also referred to herein as “We” or “Us”). Picmaker is a technology product of Animaker Inc., which was created for the purpose of allowing Users (or, “You”) to create design graphics for business or personal use on social media platforms, or on the Users’ own websites.
For the purposes of data protection laws, Animaker Inc.,a corporation located at 1160 BATTERY ST STE 100 , SAN FRANCISCO, CA, 94111, is the “data controller” of the information which may be collected in connection with Picmaker’s services.
Picmaker will collect certain information about you directly from you and from third parties.
Summary: When you provide personal information, we will keep it and use it to provide our services in the manner most tailored to you.
Summary: If you link your Picmaker account with third parties, the third parties will provide information to Picmaker.
Picmaker may allow you to connect an Instagram Business Account to your Picmaker account, in which case we will access certain information from Instagram regarding your connected account. In particular, we may collect profile images, profile display names username, profile ID, access tokens, and sent posts. This also includes the content of your post and engagement data including click rates, like, shares, re-shares, impressions, and other engagement counts. This is only collected to the extent permitted and applicable by law. Picmaker will only use this data to provide you with the best service and an incredible product experience. Picmaker will not share this data with any third parties under any condition.
YouTube Schedule/Publish option in Picmaker is implemented as per the Youtube Data API Client application. To publish or schedule videos from Picmaker directly into the user's YouTube account, a google account, as well as a Youtube channel is mandatory. During the process, the users need to give permission to the API client access to manage the user’s YouTube Channel. The use of the API Client is governed by Youtube's Terms of Service (ToS) and Google's Privacy Policy and Google API Services User Data Policies. Picmaker may collect names, email addresses, access tokens and video engagement data to provide you with the best service and product experience. All the above-collected information is permitted and applicable by law. Picmaker will not share this data with any AI models or any other third parties under any condition. Users can disconnect their YouTube channel from Picmaker and revoke the API client’s access to their data via the Google security settings page at https://security.google.com/settings/.
Picmaker allows you to connect your Slack account to enhance your experience. When you do, we collect certain data, including your basic information (email, username, profile picture) and Slack channel details. This data is used solely to enable you to view and respond to messages through Picmaker, and we do not process or use it for any other purposes. The data is retained until you revoke access to Picmaker, which you can do by disconnecting your Slack channels anytime or by requesting our support team to do so. The same applies if you wish to access, transfer, or delete your data. We handle deletion requests in accordance with applicable laws. For any inquiries regarding your data, please reach out to us through yo@picmaker.com.
Summary: We keep information about you and how you use Picmaker unless you disable cookies in your internet browser.
Summary: Your signature is only used to fulfill legal obligations and no other purpose.
We collect your information for the benefit of both Picmaker and you. In order to comply with various rules and regulations, we must obtain your consent before we may collect your information.
Summary: We use your information to improve your experience on Picmaker.com.
Summary: We may use your information to contact you.
Summary: We may collect your information to comply with the law.
Summary: You may revoke your consent to us collecting your information at any time.
Summary: We will only process your information in accordance with the law and our terms and conditions.
Summary: We may disclose your information to improve your experience on Picmaker.com.
Summary: We may disclose your information to comply with the law.
Summary: We may disclose your information to protect us from liability or to protect the rights of others.
Summary: We may disclose your information to third-party service providers.
Summary: Your content is public.
You may delete your account at any time. If you want to delete your account and information, you can delete your account by clicking the “Delete Account” button located within you “My Account” page, or by emailing Picmaker at legal@animaker.com. Please Note: Picmaker may retain some information described in this Privacy Policy to comply with applicable laws after your account has been deleted from the website. Please read our “Retention of Information” section for information about why Picmaker retains some information after an account has been deleted.
Summary: You may delete your account at any time, but we may still retain some of your information.
Picmaker may retain the data it collects for a certain period of time, depending on the purposes for which it was collected, and as described in this Privacy Policy. In addition, Picmaker will retain information necessary to support Picmaker, improve website functionality, comply with legal obligations, resolve disputes, and any content posted by Users during their use of Picmaker. Your information will be stored and processed in the United States and any other country in which Animaker, Inc. or its subsidiaries, affiliates, or service providers maintain facilities.
Summary: We will retain your information anywhere that Animaker, Inc. maintains facilities.
IF YOU ARE UNDER 13 YEARS OF AGE, DO NOT USE OR ACCESS PICMAKER AT ANY TIME OR IN ANY MANNER.
We will comply with laws to protect children and minors, as defined under the United States Children’s Online Privacy Protection Act (COPPA). We will also comply with all state and federal regulations that protect minors. If we learn that we have collected personal information of unauthorized users under the age of 13, we will take the appropriate steps to remove such an account and any associated information.
If you are a parent or guardian who believes that Picmaker has inadvertently collected information from a user under 13 years of age, please email us at legal@animaker.com.
We reserve the right to change, modify, add, or remove portions of this Privacy Policy at any time (examples include changes to the law or by the suggestion of legal counsel). Please check this Privacy Policy periodically for such changes. Any changes made to this Privacy Policy will be reflected by a note at the top of the Policy that denotes the last date of change. Further, we will send all users an email notifying them of any substantial changes made to the Privacy Policy. Continued use of Picmaker’s services after such notification assumes your consent and binding acceptance to such changes.
Summary: We will always notify you of major changes to our Privacy Policy.
California state law requires additional compliance with privacy laws in the form of the California Consumer Privacy Act (CCPA) and the California “Shine the Light” Law. It is important for California residents to know their rights when using Picmaker.
Summary: If you are a California user, you have consumer rights specifically tailored to California.
This Privacy Notice for California Residents supplements the information contained in the Picmaker.com Privacy Policy (above), and applies only to California residents.
i) We collect and use information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, to you or your devices when you visit this website, provide us your personal information, or have a contractual or business relationship with us or any of our affiliates, (“Personal Information”). Such Personal Information includes direct identifiers like a name, postal address, email address, social security number or other government identifier, and indirect identifiers that may identify, relate to, or be associated with a particular individual, such as a telephone number, device identifier, IP address and browsing history, credit card information, or inferences about consumer preferences or characteristics.
ii) We collect this Personal Information for the following purposes:
In the preceding 12 months, we have collected the following categories of Personal Information from California residents who have visited this website, provided us their Personal Information, or had or have a contractual or business relationship with us or any of our affiliates:
We have collected such Personal Information from one or more of the following categories of sources:
We collected such Personal Information for the purposes noted above (see “Personal Information Collection and Purposes of Use”) and in the Picmaker.com Privacy:
We may have shared such Personal Information with the following categories of third parties:
We collected one or more of the following specific pieces of personal information:
Unless specifically stated, we do not share, disclose or sell personal information to third parties for their own use, but we do share your personal information with our affiliates and trusted partners in arrangements that may meet the broad definition of “sale” under California law. In these arrangements, use of the information we share is limited by policies, contracts, or similar restrictions.
You have the following rights regarding our collection and use of your personal information. To exercise those rights, you must submit a request by email at legal@animaker.com or through the privacy request form. We may ask you to provide additional information to verify your request. We may not discriminate against you if you exercise your rights as described in this notice. For example, we may not deny goods or services to you, or charge you different prices or rates, or provide a different level of quality of products or services.
You have the right to request the following information regarding the personal information we have collected about you:
You have the right to request the following information regarding the personal information we have sold or disclosed about you:
You have the right to direct us to not share, disclose, or sell your personal information.
You have the right to request that we delete the personal information we have about you. However, we are not required to delete information if it is necessary to retain your information to:
Virginia and California users of Picmaker have the following additional rights under Virginia Consumer Data Protection Act and California Privacy Rights Act (CPRA, effective 1 January 2023) respectively:
Right to access personal information that Animaker has;
Right to delete personal information;
Right to correct personal information which may not be accurate;
Right to opt out of sale of personal information;
Opt out of the "sharing" of personal information for cross-context behavioral advertising.
You may send your requests (i) to legal@animaker.com, (ii) by phone at our toll-free number +1 888-359-9292, or (iii) by writing to us at Privacy Officer, Animaker Inc., 1160 Battery Street Suite 100, San Francisco, CA 94111, USA.
Virginia users may opt out of having their personal data used for targeted advertising.Virginia users may also appeal a refusal to take action on a request by contacting us at legal @animaker.com.You may also opt-out of the sale or sharing of your personal information, by clicking on the link “Do Not Sell or Share My Personal Information” on the footer of the website.
The new SB 220 amendment under Nevada state law governs the sale or exchange of personal information for monetary consideration. Picmaker does not, and will not, sell or exchange Users’ personal information. All Users are automatically set to “opt-out” of having their information sold. If Picmaker chooses to change this policy at a later date, it will notify all Users through email notification. In such instance, all Users will still default to the “opt-out” choice.
Summary: If you are a Nevada user, you have consumer rights specifically tailored to Nevada.
This Supplemental Privacy Notice for Nevada Residents adds to the information contained in the Picmaker.com Privacy Policy (above), and applies only to Nevada residents.
We collect certain personal information of Nevada consumers through our Internet websites or other online service. This information includes one or more of the following elements of personally identifiable information:
We collect this personal information for the following purposes:
If you would like to review, correct, or update your personal information, you or your authorized representative may submit your request via email at legal@animaker.com, or through this Form. We will respond to your verified request as soon as reasonably practicable, but no later than sixty (60) days after receipt. If circumstances cause any delay in our response, you will be promptly notified and provided a date for our response.
We generally do not disclose or share personal information for profit. Under Nevada law, you have the right to direct us to not sell or license your personal information to third parties. To exercise this right, if applicable, you or your authorized representative may submit a request via email to legal@animaker.com, or this privacy request form. We will respond to your verified request as soon as reasonably practicable, but no later than sixty (60) days after receipt. If circumstances cause any delay in our response, you will be promptly notified and provided a date for our response.
You can contact us with questions about this Privacy Notice for Nevada Residents or to exercise your rights as described in this Notice at legal@animaker.com.
The General Data Protection Regulation (GDPR) and the ePrivacy Directive require each User’s informed, specific, clear, and affirmative action consent for the website to use non-essential cookies. Our Privacy Policy and Cookie Policy will always be displayed the first time you access our website and will request User consent for Picmaker to use these non-essential cookies. For more information on the types of non-essential cookies that Picmaker uses, please carefully read through our Cookie Policy linked here.
The GDPR applies to all EU organizations that handle personal data. The GDPR also applies to organizations outside the EU that offer goods or services to individuals in the EU. This represents a territorial expansion of the pre-GDPR regime.
The GDPR applies to personal data and special categories of personal data, i.e., sensitive personal data. The GDPR's definition of personal data is more detailed and expansive than in the pre-GDPR regime, e.g.:
The GDPR applies to the processing of personal data:
The GDPR applies to the processing of personal data:
However, despite its potentially wide material scope, the GDPR does not apply to:
Information may be held at our offices and those of our affiliated companies, third-party agencies, service providers, representatives, and agents; any of which may be based outside the European Economic Area. For more information, including on how we safeguard your personal information when this occurs, see below: “Transferring your personal information out of the EEA.”
We will keep your personal information while you have an account with us or while we are providing products and/or services to you. Thereafter, we will keep your personal information for as long as is necessary:
We will not retain your personal information for longer than necessary for the purposes set out in this policy. Different retention periods may apply for different types of personal information.
To deliver services to you, it is sometimes necessary for us to share your personal information outside the European Economic Area (EEA), for example:
These transfers are subject to special rules under European and UK data protection law.
If you would like further information, please contact us (see ‘How to contact us' below).
As noted above, the GDPR provides for new and extended data subject rights. These are set out in Chapter 3 of the GDPR, Regulation (EU) 2016/679, GDPR and they include:
All of these rights are underpinned by Article 12 of the GDPR, which sets out general rules on transparency which are applicable to, among other things, the provision of information to data subjects and communications with data subjects concerning the exercise of their rights.
For further information on each of those rights, including the circumstances in which they apply, see the Guidance from the UK Information Commissioner's Office (ICO) on individuals’ rights under the General Data Protection Regulation.
If you would like to exercise any of those rights, please:
Picmaker complies with the EU-U.S. Data Privacy program Framework (EU-U.S. DPF) and the Swiss-U.S. Data Privacy program Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce. Animaker has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework program Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union in reliance on the EU-U.S. DPF. Animaker has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework program Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF. If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern. To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit https://www.dataprivacyframework.gov/
In compliance with the EU-US Data Privacy Framework Principles, Picmaker commits to resolve complaints about your privacy and our collection or use of your personal information transferred to the United States pursuant to the DPF Principles. European Union and Swiss individuals with DPF inquiries or complaints should first contact
Picmaker at legal@animaker.com
or at our mailing address,
Name: Loganathan Kodiyarasu
Title: Chief Operating Officer
Company: Animaker, Inc.
Address: 1160 Battery Street Suite 100, San Francisco, CA 94111, USA.
Email: logu@animaker.com
Phone: 1 628-209-0678
Picmaker has further committed to refer unresolved privacy complaints under the DPF Principles to an independent dispute resolution mechanism, Data Privacy Framework Services, operated by BBB National Programs. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit https://bbbprograms.org/programs/all-programs/dpf-consumers/ProcessForConsumers for more information and to file a complaint. This service is provided free of charge to you.
If your DPF complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not resolved by other redress mechanisms.See https://www.dataprivacyframework.gov/s/article/G-Arbitration-Procedures-dpf?tabset-35584=2
If you have any questions about our Privacy Policy, please email us at legal@animaker.com