Last Updated: September, 2017

SMARTPICTURE respects the privacy of our users and has developed this Privacy Policy to demonstrate its commitment to protecting your privacy. This Privacy Policy is intended to describe for you, as an individual who is a user of SMARTPICTURE’s Websites (defined to include all properties (mobile, Web or otherwise) owned and operated by SMARTPICTURE), the SMARTPICTURE3D App, the PLNAR Mobile Application (the “PLNAR App”) and related software (collectively with the SMARTPICTURE 3D App and PLNAR App, the “SMARTPICTURE Software”), the digital and/or hard copy outputs or deliverables generated through the use of the SMARTPICTURE Software and production process, including, without limitation, all source and derivative property data, estimates, measurements, reports, models, renderings, analytics and all products and services related thereto (the “SMARTPICTURE Deliverables”, and together with the SMARTPICTURE Websites and the SMARTPICTURE Software, collectively, the “Software and Services”), or otherwise provide us with information through various means the information we collect, how that information may be used, with whom it may be shared, and your choices about such uses and disclosures. We encourage you to read this Privacy Policy carefully when using our website or services or transacting business with us. By using the Software and Service, you are accepting the practices described in this Privacy Policy. If you have any questions about our privacy practices, please refer to the end of this Privacy Policy for information on how to contact us.

USE OF THE PLNAR APP

If you install on your mobile device the PLNAR App or a branded version paid for and distributed for a SMARTPICTURE licensee (a “Sponsoring Company”), your use of the PLNAR App is subject to SMARTPICTURE’s Terms of Use, the terms and conditions of which are incorporated referenced with each application.

INFORMATION WE COLLECT ABOUT YOU

In General. We may collect personal information that can identify you such as your name and email address and other information that does not identify you. When you provide personal information through the Software and Services, the information may be sent to servers located in the United States and other countries around the world.

Information you provide. We may collect and store any personal information you enter on and through the Software and Services or provide to us in some other manner. This includes identifying information, such as your name, address, images of your property, geolocation of submitted images, e-mail address, telephone number, credit card information, and other personally identifiable information.

Device identifiers: When you use a mobile device like a tablet or phone to use or access our Software and 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 SMARTPICTURE.

A device identifier may deliver information to us or to a third party partner about how you browse and use the Software and Services and may help us or others provide reports or personalized content and ads. Some features of the Software and Services may not function properly if use or availability of device identifiers is impaired or disabled.

Information from other sources. We may also periodically obtain both personal and non-personal information about you from other businesses, business partners, contractors and other third parties.

Use of cookies and other technologies to collect information. We use various technologies to collect information from your computer or mobile device and about your activities utilizing the Software and Services.

Information collected automatically. We automatically collect information from your browser when you visit SMARTPICTURE Websites through the Software and Services. This information includes your IP address, your browser type and language, access times, the content of any undeleted cookies that your browser previously accepted from us (see “Cookies” below), and the referring website address.

Cookies. When you visit SMARTPICTURE Websites through the Software and Services, we may assign your computer one or more cookies, to facilitate access to our site and to personalize your online experience. Through the use of a cookie, we also may automatically collect information about your online activity on SMARTPICTURE Websites, such as the web pages you visit, the links you click, and the searches you conduct on our sites. Most browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies. If you choose to decline cookies, please note that you may not be able to sign in or use some of the interactive features offered on our website.

Other Technologies. We may use standard Internet technology, such as web beacons and other similar technologies, to track your use of our Software and Services. We also may include web beacons in promotional or other e-mail messages or newsletters to determine whether messages have been opened and acted upon. The information we obtain in this manner enables us to customize the Software and Services to deliver targeted advertisements and to measure the overall effectiveness of our online advertising, content, programming or other activities.

HOW WE USE THE INFORMATION WE COLLECT

In general. We may use information that we collect about you to:

• deliver the products and services that you have requested;
• manage your account and provide you with customer support;
• perform research and analysis about your use of, or interest in, our products, services, or content, or products, services or content offered by others;
• communicate with you by e-mail, postal mail, telephone and/or mobile devices or send newsletters about products or services that may be of interest to you either from us or other third parties;
• communicate with you with regard to partially completed service requests;
• enforce our Terms of Use;
• manage our business; and
• perform functions as otherwise described to you at the time of collection.

Payment and Financial information. For manufacturer, dealer interior designer, and contractor customers (“Professionals”), we may use financial information or payment method to process payment for any purchases made on our website, enroll you in the discount, rebate, and other programs in which you elect to participate and otherwise as needed to manage our business. For consumers, we may use credit card information to process payment for any payments made on our website.

With whom we share your information. We want you to understand when and with whom we may share personal or other information we have collected about you or your activities on SMARTPICTURE’s Websites and SMARTPICTURE Software or while using our Software and Services.

Personal information. We may share personal information with:

• Sponsoring Companies: If your use of the Software and Services is being sponsored and paid for by a Sponsoring Company (a “Sponsored App”), SMARTPICTURE may provide all information related to your use of the SMARTPICTURE Websites and SMARTPICTURE Software and Services to that Sponsoring Company, its affiliates and/or applicable service providers, who will have the ability to access, disclose, restrict, monitor, compile information and generate reports from your information and your general usage of the SMARTPICTURE Websites and SMARTPICTURE Software and Services, and may use the information for business and marketing purposes. If you do not agree to the sharing of your information or do not wish to be contacted by Sponsoring Company, or its affiliates or service providers, do not download or register to use the Sponsored App.If at any time you desire for SMARTPICTURE not to share your information with any Sponsoring Companies or its affiliates or service providers or otherwise, you can opt-out by emailing SMARTPICTURE optout@smartpicture3d.com If you are a service provider who has downloaded and/or is using a Sponsored App, you also hereby acknowledge and consent to the Sponsoring Company’s or its affiliates’ or service providers’ ability to access, disclose, restrict, monitor, compile information and generate reports from your use of the Sponsored App and the Software and Services.
• Authorized service providers: We may share your personal information with our authorized service providers that perform certain services on our behalf. These services may include fulfilling orders, processing credit card payments, delivering packages, providing customer service, support and marketing assistance, performing business and sales analysis, supporting our website functionality, and other features offered through our Software and Services. We may also release information to collection and/or credit agencies for past accounts. These service providers may have access to personal information needed to perform their functions but are not permitted to share or use such information for any other purposes.
• Marketing Affiliates: When you are referred to us via a third party marketing affiliate, we may share your email address, and other information that you provide, to such marketing affiliate.
• Business Partners: When you make purchases or engage in promotions offered through SMARTPICTURE Websites or SMARTPICTURE Software, we may share personal information with the businesses with which we partner to offer you those products, services and promotions. When you elect to engage in a particular offer or program, you authorize us to provide your email address and other information provided to us in connection with that offer or program to that provider.
• Home Improvement Companies and Professionals: When you submit a request for a SMARTPICTURE Deliverable or an estimate from a home improvement company, designer or contractor (a “Home Improvement Professional”) through SMARTPICTURE’s Websites and SMARTPICTURE Software, you consent to our providing your personal information and request to the Home Improvement Professionals we match with your request. Sharing this information with Home Improvement Professionals allows them to contact you using the e-mail address or other contact information you provided. In addition, we have other approved contractual partners that fulfill service requests, or that utilize their own service professionals to supplement our network, and we share your information with them in order to attempt to provide the services requested. If using our Software and Services pursuant to a membership or other relationship with one of our partners, SMARTPICTURE may share your service request activity information with such partner.

 

Other Situations. We also may disclose your information:

• In response to a subpoena or similar investigative demand, a court order, or a request for cooperation from a law enforcement or other government agency; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases, we may raise or waive any legal objection or right available to us;
• When we believe disclosure is appropriate in connection with efforts to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing;
• To protect and defend the rights, property or safety of our company, property owners, our users, our employees, or others;
• To comply with applicable law or cooperate with law enforcement; or to enforce our Terms of Use, licenses, or other agreements or policies.
• In connection with a substantial corporate transaction, such as the sale of our business, a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.

Aggregated and non-personal information. We may share aggregated and non-personal information we collect under any of the above circumstances. We may also share it with third parties to develop and deliver targeted advertising on our websites and on websites of third parties. We may combine non-personal information we collect with additional non-personal information collected from other sources. We also may share aggregated information with third parties, including advisors, advertisers and investors, for the purpose of conducting general business analysis. For example, we may tell our advertisers the number of visitors to our website and the most popular features or services accessed. This information does not contain any personal information and may be used to develop website content and services that we hope you and other users will find of interest and to target content and advertising.

CHILDREN’S PRIVACY

Our Software and Services are targeted to adults, and we do not knowingly collect personal information from children under the age of 13. If you believe we have collected personal information from a child under the age of 13, please contact us immediately at support@smartpicture3d.com

SECURITY OF YOUR INFORMATION

We use industry standard physical, technical and administrative security measures and safeguards to protect the confidentiality and security of your personal information. However, since the Internet is not a 100% secure environment, we cannot guarantee, ensure, or warrant the security of any information you transmit to us. There is no guarantee that information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. It is your responsibility to protect the security of your login information. Please note that e-mails and other communications you send to us through our Site are encrypted in transit, but once received, such information is not encrypted, and we strongly advise you not to communicate any confidential information through these means.

In the event we do suffer a data breach, we will promptly notify the affected users in accordance with applicable law.

VISITING OUR WEBSITES FROM OUTSIDE THE UNITED STATES AND CONSENT TO PROCESSING

This Privacy Policy is intended to cover collection of information with the Software and Services from residents of the United States. If you are visiting our website from outside the United States, please be aware that your information may be transferred to, stored, and processed in the United States where our servers are located and our central database is operated. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country. By using our Software and Services, you understand that your information may be transferred to our facilities and those third parties with whom we share it as described in this privacy policy, and consent to such activities and processing in the United States in accordance with U.S. law.

NO RIGHTS OF THIRD PARTIES

This Privacy Policy does not create rights enforceable by third parties or require disclosure of any personal information relating to users of the Software and Services.

THIRD PARTY SITES

This Privacy Policy applies only to information we collect on or through the Software and Services. Our Software and Services may contain links to third party sites that are not owned or controlled by SMARTPICTURE. Please be aware that we are not responsible for the privacy practices of such other sites. We encourage you to be aware when you visit these third party sites, and to read the privacy statements of each and every website that collects personal information.

CHANGES TO THIS PRIVACY POLICY

We will occasionally update this Privacy Policy to reflect changes in our practices and services. When we post changes to this Privacy Policy, we will revise the “last updated” date at the top of this Privacy Policy. If we make any material changes in the way we collect, use, and/or share your personal information, we will notify you by posting the updated policy on our website, with a link denoting that the policy has been updated. We recommend that you check our website from time to time to inform yourself of any changes in this Privacy Policy or any of our other policies. To see the prior version of the SMARTPICTURE Privacy Policy you may send a written request to:

Legal Department,

SMARTPICTURE TECHNOLOGIES, Inc.

700 East 11^th Street, Suite 300

Austin, TX 78701

HOW TO CONTACT US

If you have any questions about this Privacy Policy or our information-handling practices, or if you would like to request information about our disclosure of personal information to third parties for their direct marketing purposes, please contact us by e-mail or postal mail as follows:

Privacy Policy Inquiry – SMARTPICTURE TECHNOLOGIES, Inc., 700 East 11^th, Austin, TX 78701 support@smartpicture3d.com