Last Updated: April 10, 2020
Who we are and what we do
Acceptance and Changes
We do not knowingly collect personal information from individuals who are under the minimum required ages specified herein. You must be at least 16 years old, 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 VIPHO without your consent, you may ask us to delete such information by contacting us at firstname.lastname@example.org.
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.
To create an account, you must provide a valid email address and password and name.
Accountholders may create a profile and upload content such as videos, photo. Your profile may display information about you and your activities. Your videos may be viewed and otherwise accessed by others. You may choose to limit the availability of your profile and videos.
If you submit images or videos to us in connection with our video creation and editing tools, we may analyze such content using a variety of techniques, including machine-learning algorithms.
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 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.
We may use your data for the following purposes:
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:
If you require further information about the balancing test that VIPHO has undertaken to justify its reliance on legitimate interest as a lawful basis of processing, contact us by email.
We share data with third parties as follows:
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.
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 report content suspected of exploiting minors to the National Center for Missing and Exploited Children (NCMEC) along with the data identifying the uploading user.
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 retain your data for as long as you have an account. When you close an account, we will delete its content, including its videos. We may retain logs of automatically collected information (for internal analytics and security purposes); your email address; your tax information; 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 and photo, 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. We have no control over search engines; however, we will, upon request, send a request for deletion to major search engines.
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.
We enable you to make numerous choices about your data:
Users in certain jurisdictions may have additional rights. See Section 13 for more details.
If you create an account, you may receive commercial emails from us. This includes newsletters and offers. You may always opt out from receiving commercial messages in your account settings. Please note that any opt-out 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 push notifications in our apps. You may disable these by declining them or changing the app's settings.
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.
You may receive other people's data in using our service. If you receive information from other users, you must comply with all laws, including those concerning privacy, data security, and online marketing.
13.1 Location of Data
VIPHO is based in Republic of Korea. We provide services globally using computer systems, servers, and databases located in the U.S. and 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 may be subject to additional protections as set forth in Sections 13.2 and 13.3 below.
13.2 GDPR (EEA Users)
This Section 14.2 applies only to natural persons residing in the European Economic Area (for the purpose of this section only, "you" or "your" shall be limited accordingly). It is VIPHO'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:
You have the right to: 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 fulfil 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.
If you have a request, complaint or inquiry, please contact our Data Protection Officer at the address listed in Section 14. 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.
13.3 Privacy Shield (EEA, UK and Swiss Users)
This Section applies only to natural persons residing in the European Economic Area, the United Kingdom and Switzerland (for the purpose of this section only, "you" or "your" shall be limited accordingly). VIPHO complies with the EU-U.S. Privacy Shield Framework and Swiss-U.S. Privacy Shield Framework (collectively, "Privacy Shield") as established by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the EU, the United Kingdom and/or Switzerland, as applicable, to the U.S.
VIPHO has certified to the U.S. Department of Commerce that it adheres to the Privacy Shield Principles. To learn more about the Privacy Shield program, and to view VIPHO's certification, please visit https://www.privacyshield.gov. By making this certification, VIPHO is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission (FTC).
Where VIPHO has transferred personal information of EEA, UK or Swiss residents to third parties, VIPHO shall be liable if those third parties do not process personal information in compliance with the Privacy Shield Principles. This shall not be the case where VIPHO establishes that it is not responsible for the damage caused by the third party.
In accordance with Privacy Shield Principles, VIPHO commits to resolve complaints about our collection or use of your personal information. If you have inquiries or complaints regarding our Privacy Shield policy, you should first contact VIPHO at the address listed in Section 14. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please contact our independent recourse mechanism provider, JAMS, at https://www.jamsadr.com/eu-us-privacy-shield, to file a complaint. JAMS' services are provided at no cost to you.
If you have an unresolved complaint after contacting both VIPHO and JAMS, you may elect to arbitrate your Privacy Shield claims against VIPHO pursuant to Annex I of the Privacy Shield Principles, which provides for binding arbitration administered by the American Arbitration Association. Such arbitration will be binding upon you and VIPHO.
13.4 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. Details about our data collection, use and third-party disclosures can be found here. 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 mailing to email@example.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. VIPHO does not sell personal information. If we begin to do so, we will update this notice and provide a mechanism to opt out of any such sale.
· 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 VIPHO 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 VIPHO account to submit a request, we may not be able to locate certain information to process your request if you don’t have one.
13.5 Nevada Users
For any questions, inquiries, or complaints relating to your privacy, please contact us at:
VIPHO Korea, Inc.
Attention: Data Protection Officer
10F. 8,Gangnamdaero 69, Seocho, Seoul.