Updated and effective as of March 1, 2024

This Privacy Notice applies to the website from which you are accessing this Privacy Notice, and its features, and any applications, widgets, interactive features or online services that post a link to or include this Privacy Notice (however accessed or used, whether via a personal computer, mobile device or otherwise) (collectively, the “Site”). Visual Icon or one of its subsidiary or affiliated companies (collectively, “Visual Icon” or “we”, “us” or “our”) owns or operates the Site. This Privacy Notice describes our information and privacy practices with regard to the Site, such as the types of information we may gather from you and other visitors to the Site. This Privacy Notice applies to information you share with us in emails and other messages related to activities on the Site. This Privacy Notice also applies where we expressly state that this Privacy Notice applies to the processing of your information.

Please take a moment to review this Privacy Notice. Please also review the Terms of Use, which governs your use of the Site. Please note that certain features or services discussed in this Privacy Notice may not be offered on the Site at any particular time.

INFORMATION WE MAY COLLECT THROUGH THE SITE

We may collect information from you directly, automatically when you visit the Site, and sometimes from third parties. Some of this information may be considered “personal information” under various applicable laws. We consider information that identifies you as a specific, identified individual to be personal information (such as your name or email address), and we treat additional information, such as IP addresses and cookie identifiers, as personal information where required by applicable law. If we combine non-personal information with personal information, we will treat the combined information as personal information. We may de-identify personal information so that it is non-personal, such as by aggregating it or converting it to a code, sometimes using a function commonly known as a “hash”. We will treat de-identified information as non-personal to the fullest extent allowed by applicable law.

Information You Provide to the Site Directly

VISUAL ICON may ask you to provide information directly, such as contact information (e.g., name, email address, or phone number), demographic information (e.g., ZIP code, gender or age), financial information (e.g., payment card information) and information about your interests and preferences. Some of this information is personal information. Where we ask you for personal information, we will tell you if it is optional. Otherwise, we are asking because it is necessary in order for us to provide you with the information or fulfill the transaction you requested.

The Site is not intended for persons under age sixteen (16). We do not knowingly collect personal information from children younger than the age of sixteen (16).

Community Forums, User Content, and Posting Content to Third-Party Sites

The Site may provide you the opportunity to participate and post content publicly in forums, through interactive features and through other communication functionality (“Community Forums”). You may choose, through such features or otherwise, to submit or post photographs, videos, questions, comments, suggestions or other content, (collectively, “User Content”). Please note that certain information, such as your name and state of residence, may be publicly displayed on the Site along with your User Content.

Note that anything you post to a Community Forum is public — others will have access to your User Content and may use it or share it with third parties. If you choose to voluntarily disclose personal information in User Content, that information will be visible to others. If you submit User Content, it may be published online or offline (including without limitation on the Site, on-air, in a DVD or any other format currently existing or later developed). In addition, we may use your User Content and any excerpt from your User Content as set forth in the “User Content Policy” section of our Terms of Use, which governs any content you submit through or to the Site and your use of any Community Forums.

You acknowledge that if you choose to post any information publicly (such as on a third-party platform, in Social Media or in Community Forums) about your purchase, the content on the Site or your viewing history, the Video Privacy Protection Act of 1998 (18 U.S.C. § 2710) (the “VPPA”) (or any similar law) does not apply. However, to the extent the VPPA or any similar law does apply in any manner, you are providing your informed, written consent to the disclosure of that information pursuant to the VPPA and any similar law.

Send to a Friend Features

If you send a friend a communication from the Site, the information you provide (names, email addresses, etc.) is used on a one-time basis to facilitate the communication and is not used for any other marketing purpose, unless we obtain consent from that person. If you disclose any personal information relating to other people to us, you represent that you have the authority to do so and to permit us to use the information in accordance with this Privacy Notice.

Information Third Parties Provide About You and Social Media Interactions

We may receive information about you from third parties, including without limitation data analytics providers, data brokers, advertising networks, co-producers, and marketing partners. For example, if you are on another website and you agree to receive information from VISUAL ICON, that website will forward your information to us so that we may contact you. We also may supplement the information we collect with outside records from third parties, such as public databases, publicly available Social Media pages or joint marketing partners, for various purposes, such as to provide you with information, services or products, to tailor our content and the offers we show you, or to enhance our products and services.

The Site may permit or facilitate interactions with an interactive third-party website or service (“Social Media”), such as enabling you to “like” or “share” content. If you choose to share content or otherwise post information from or via the Site to Social Media, that information may be public and the third party may have access to information about you and your use of our Site. You may also choose to participate on Social Media in a way that connects that third-party service with our Site (such as posting to one of our pages on a Social Media site or signing into the Site with your credentials from another website or service). Doing so may allow us to collect (or the third party to share) information about you. We may also receive information about you if other users of Social Media give us access to their profiles and you are one of their “connections.” Note that through the Social Media features, these third parties may be able to collect certain information about your visits to the Site regardless of whether or not you affirmatively interact with the Social Media and whether or not you are logged into (or have) an account with the third party.

The information we collect is subject to this Privacy Notice. The information collected and stored by the third party remains subject to the third party’s privacy practices, including without limitation whether the third party continues to share information with us, the types of information shared, and your choices with regard to what is visible to others on that third-party website or service. The third party may allow you to remove the application or feature, in which case we will no longer collect information about you through the application or feature, but we may retain the information previously collected.

We may combine the information we receive from third parties with information we collect through the Site. In those cases, this Privacy Notice will apply to the combined information.

Information We Collect Automatically As You Access and Use the Site

In addition to any personal information or other information you choose to submit to the Site, we, and our third-party business partners (including without limitation third-party service providers, third-party advertising companies and content or analytics providers), may use a variety of technologies that automatically or passively collect certain website usage information whenever you visit or interact with the Site (“Site Usage Information”). This Site Usage Information may include the browser and operating system you are using, the URL or advertisement that referred you to our Site, the search terms you entered into a search engine that led you to our Site (if applicable), all of the areas within our Site that you visit, and the time of day, among other information. We may use this Site Usage Information for a variety of purposes, including without limitation enhancing or otherwise improving the Site. Site Usage Information is generally non-personal, but it may contain personal information, and if we associate it with your personal information, we will treat it as personal information. As you use the Site, we will also track the videos you watch (including without limitation which videos, how often you view the videos, and where you may pause or stop watching).

In addition, we automatically collect your IP address or other unique identifier (“Device Identifier”) for your computer, mobile phone, or other device (any, a “Device”) used to access the Site. We may be able to collect or infer your approximate location through information we collect, such as an IP address. A Device Identifier is a number that is automatically assigned to your Device used to access the Site, and our servers identify your Device by its Device Identifier.

Location Data. We may directly collect specific location information from your Device if you have opted-in to such collection through one of our applications. You may be able to turn off the collection of location information through your Device settings. However, please note that we may still be able to collect or infer your approximate location through other information we collect, such as IP address. In addition, some mobile service providers may also provide us or our third-party service providers or business partners with information regarding the physical location of the Device used to access the Site.

The methods used to collect Site Usage Information may include, without limitation, the following:

Cookies & Local Storage. A cookie is a data file placed on a Device when it is used to visit the Site or otherwise access our online content. Certain web browsers and certain browser add-ons may provide additional local data storage mechanisms that are used in a manner similar to cookies, and some of the content included on our Site may make use of this local storage. Cookies, and other local storage devices may be used for a variety of purposes (e.g., to identify your Device when you revisit our Site, to recall your authentication information, to store information related to your navigation throughout our Site, or to enable certain features on our Site). Some cookies are essential to the functioning of the Site, and, without them, some features and services you have requested cannot be provided. Other cookies help us to understand and improve how the Site works or allow us to personalize it for you. You may be able to refuse or remove some or all of these cookie and local storage technologies, such as through your browser settings. If you choose to do so, some features of the Site may not function properly. You can find more information about cookies and how they work at www.allaboutcookies.org.

Web Beacons. Small graphic images or other web programming code called web beacons (also known as “pixels”, “1×1 GIFs” or “clear GIFs”) may be included in our web pages and email messages. Web beacons may be invisible to you, but any electronic image or other web programming code inserted into a web page or email can act as a web beacon. Web beacons or similar technologies may be used for a number of purposes, including, without limitation, to count visitors to the Site, to monitor how users navigate the Site, to count how many emails that were sent were actually opened or to count how many particular articles or links were actually viewed.

Embedded Scripts. An embedded script is programming code that is designed to collect information about your interactions with the Site, such as the links you click on. The code is temporarily downloaded onto your Device from our web server or a third-party service provider or business partner, is active only while you are connected to the Site, and is deactivated or deleted thereafter.
In addition, we may use a variety of other technologies that collect similar information for security and fraud detection purposes.

HOW WE MAY USE THE INFORMATION COLLECTED

VISUAL ICON may use information collected through the Site, including without limitation your personal information and Site Usage Information, as follows:

(1) in accordance with our legitimate interests, for example as is necessary for the following purposes: (a) to allow you to participate in the Site and features offered through the Site and to provide customer service, including without limitation to resolve any billing or payment processing inquiries; (b) to tailor content, recommendations, advertisements, and offers we display to you, both on the Site and elsewhere online (including without limitation keeping track of how and which videos you watch); (c) to send you emails with advertisements, promotions and other offers; (d) to use for internal business purposes such as to improve the Site or our products and services and for security and fraud prevention; (e) to process your registration with the Site, including without limitation verifying that your email address is active and valid; (f) to provide you with services or information or fulfill transactions that you have requested or otherwise agreed to receive, including without limitation authorizing and processing your payments and orders; (g) to contact you with regard to your use of the Site or similar administrative communications, including, without limitation and in our discretion, changes to the Site’s policies; (h) the purposes disclosed to you at the time you provided your information; or (i) to exercise our legal rights or defend ourselves from legal claims;
(2) to fulfill our contractual obligations to you, such as to make available content that you have purchased a subscription to view;
(3) to protect the vital interest of you or another person;
(4) to comply with regulatory and legal obligations;
(5) as necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in us; or
(6) with your consent.

We may use, for any purpose, non-personal information that does not identify you or relate to an identified or identifiable person, except where we are required to do otherwise under applicable law. If we combine such information with personal information, then we will treat the combined information as personal information under this Privacy Notice.

HOW AND WHEN WE DISCLOSE INFORMATION TO THIRD PARTIES

VISUAL ICON may share with third parties, in our discretion, non-personal information that does not identify you or relate to an identified or identifiable person, including certain Usage Information, information that has been hashed or otherwise de-identified, and aggregated user statistics – including for targeted advertising purposes. We do not share your personal information with third parties for those third parties’ marketing purposes unless, if required by applicable law, we provide you the opportunity to opt-in or opt-out prior to such sharing. VISUAL ICON may also share personal information with its subsidiary or affiliated companies.

In addition, VISUAL ICON may share the information we have collected about you as disclosed at the time you provide your information or otherwise with your consent, as described in this Privacy Notice and in the following circumstances:

Third Parties Providing Services on Our Behalf. We sometimes use other businesses to perform services for us, such as website hosting, conducting website usage analysis, sending email or other communications, fulfilling orders, providing marketing assistance and data analysis, processing payments (including without limitation clearing and processing credit card payments), assisting with our information technology or security programs, assisting with loss and fraud prevention, or performing other services. We may provide access to your personal information to such third parties in order for them to complete a requested transaction or otherwise to perform these services.

When You Agree to Receive Information from Third Parties or Direct That We Share Your Information. You may be presented with an opportunity to receive information or marketing offers from one or more third parties. If you agree at that time to have your personal information shared, your personal information will be disclosed to that third party (or parties) and will be subject to the Privacy Notice and practices of that third party. We are not responsible for the privacy policies and practices of third parties, and, if you later decide that you no longer want to receive communications from a third party, you will need to contact that third party directly. You also may request, sometimes through your use of an interactive feature or third-party application, that we share information about you with a third party, and we will typically do so under those circumstances.

Sweepstakes, Contests and Promotions. We may offer sweepstakes, contests or other promotions (any, a “Promotion”), that may require registration. By participating in a Promotion, you are agreeing to the provisions, conditions, or official rules that govern that Promotion, which may contain specific requirements of you (including, without limitation and except where prohibited by law, allowing the sponsor(s) of the Promotion to use your name, voice, likeness or other indicia of persona in advertising or marketing materials). If you choose to enter a Promotion, personal information may be disclosed to third parties or the public in connection with the administration of such Promotion, including, without limitation, in connection with winner selection, prize fulfillment, as required by law or permitted by the Promotion’s terms or official rules (such as on a winners list).

Employment; EEOC. If you apply for a job with us via the Site, we may ask you to provide us with self-identifying information (such as veteran status, gender and ethnicity) in connection with laws and regulations enforced by the Equal Employment Opportunity Commission (“EEOC”), the Office of Federal Contract Compliance Programs (“OFCCP”) and similar state and local regulatory agencies. Providing such self-identifying information is voluntary, but if you do provide us with such information, we may submit that information to the EEOC, the OFCCP and similar state and local regulatory agencies for business-related purposes, including, but not limited to responding to information requests, fulfilling regulatory reporting requirements and defending against employment related complaints.

Administrative and Legal Reasons. VISUAL ICON may transfer and disclose information, including without limitation your personal information, Site Usage Information and Device Identifier (e.g., IP address), to third parties, including law enforcement and government entities, to comply with a legal obligation; when we believe in good faith that the law requires it; at the request of governmental authorities conducting an investigation; to verify or enforce our Terms of Use or other applicable Site policies; to respond to an emergency; or otherwise to protect our rights, property, safety, or security or that of other Site visitors or the public. We may also use Device Identifiers to identify users, and may do so in cooperation with copyright owners, Internet service providers, wireless service providers or law enforcement agencies, in our discretion. Such disclosures may be carried out without notice to you.

Business Transfers. In the event that VISUAL ICON goes through a transition such as being sold, has all or a portion of its assets acquired or transferred, whether voluntary or involuntary (such as through bankruptcy), or merges or becomes affiliated with any other division, individual or entity (including, without limitation, during the course of any due diligence process), any customer information owned or under the control of VISUAL ICON will likely be one of the transferred assets. We reserve the right, as part of this type of transaction, to assign or otherwise transfer your information and other information we have collected from users of the Site. By providing your personal information, you agree that we may transfer such information to the acquiring entity without your further consent.

THIRD-PARTY ADVERTISING COMPANIES AND ANALYTICS SERVICES AND SIMILAR THIRD PARTIES

VISUAL ICON may work with third party business partners (including, without limitation, network advertisers, advertising agencies, analytics providers, and other vendors) to serve third-party advertisements on the Site; to serve our advertisements elsewhere online; and to provide us with information regarding use of and traffic on the Site (including without limitation the pages viewed and the actions users take when visiting the Site) and the effectiveness of our advertisements. For example, if you click on an advertisement for VISUAL ICON, these third parties may be able to tell us the advertisement you clicked on and where you were viewing the advertisement. Likewise, if you click on an advertisement you see on our Site, these third parties may be able to tell which page you were visiting on our Site and pass that information to the advertiser. The advertisements you see may be served by one or more third parties (including, without limitation, online advertising companies and social media networks), who may use information about your activities on the Site, and other websites and services you visit, across the various devices you use, to provide you targeted advertising based upon your interests. These third parties may collect certain information about your visits to and activity on the Site and other websites and services and may use this information to target advertising to you on our behalf, on their behalf and on others’ behalf. Those third parties may use information they collect through our Site in accordance with their Privacy Notice and your settings on their services.

These third parties may set and access their own tracking technologies on your Device (including without limitation cookies and web beacons) and may otherwise collect or have access to information about you (such as your Site Usage Information and Device Identifier), some of which may be considered personal information under various state laws. Some of these companies may collect personal information over time when you visit the Site or other online websites and services. Cookies and web beacons, including without limitation those set by third-party network advertisers, may be used to (among other things): target advertisements, prevent you from seeing the same advertisements too many times, and conduct research regarding the usefulness of certain advertisements to you. We may share certain information such as Device Identifiers, Site Usage Information and hashed or otherwise de-identified information with third-party advertising companies, analytics providers and other vendors for advertising and analytics purposes.
We use a variety of third parties to perform advertising and analytics services, and some of these companies may be members of the Network Advertising Initiative (“NAI”) or Digital Advertising Alliance (“DAA”). You may wish to visit optout.networkadvertising.org, which provides information regarding targeted advertising and the opt-out procedures of NAI members. You may also want to visit optout.aboutads.info, which provides information regarding targeted advertising and offers an opt-out for participating companies.
The European Digital Advertising Alliance (“EDAA”) has developed a guide to online behavioral advertising and has developed an opt-out page for participating EDAA member companies available at www.YourOnlineChoices.com.

We use Google Analytics, which uses cookies and similar technologies to collect and analyze information about use of the Site and report on activities and trends. This service may also collect information regarding the use of other websites, apps, and online resources. You can learn about Google’s practices by going to google.com/policies/privacy/partners, and opt out of them by downloading the Google Analytics opt-out browser add-on, available at tools.google.com/dlpage/gaoptout.

For mobile apps, you may be able to limit certain advertising practices using the settings on your phone, tablet or other mobile device. You may download the AppChoices app at youradchoices.com/appchoices to opt out of the delivery of interest-based advertisements in mobile apps.

Please note opting out through these mechanisms does not opt you out of being served advertising. You will continue to receive non-targeted advertisements while online or on your Device.

HOW WE RESPOND TO “DO NOT TRACK” SIGNALS

Some Internet browsers may be configured to send “Do Not Track” signals to the online services that you visit. There is no consensus among industry participants as to what “Do Not Track” means in this context. Like many websites and online services, the Site does not alter its practices when it receives a “Do Not Track” signal from a visitor’s browser except as specifically required by law. To find out more about “Do Not Track,” please visit www.allaboutdnt.com.

CHANGING YOUR PREFERENCES AND ACCESSING, UPDATING OR DELETING YOUR PERSONAL INFORMATION

The Site may contain web pages or features through which you can correct or update some of the personal information you have provided to us through registration through the Site. In addition, if you would like to review, correct, update, suppress, restrict or delete personal information that you have provided to us, you may contact us as set forth under “Contacting Us” below. For your protection, we may only implement requests with respect to the personal information associated with the particular email address that you use to send us your request, and we may need to verify your identity before implementing your request. VISUAL ICON will make good faith efforts to respond to your request as soon as reasonably practicable, consistent with applicable law. Please note that it is not always possible to completely remove or delete all of your information from our databases and that residual data may remain on backup media or within our other records. Also, please note that we may need to retain certain information for our administrative or legal purposes. You are responsible for maintaining the accuracy of the information you submit to us.

The Site may contain web pages or features through which you may be able to unsubscribe or modify the email newsletters or similar communications we send to you. Also, users who receive a newsletter or other marketing emails from us and who wish to remove themselves from the mailing list (i.e., opt out) can do so by following the link provided in each such email received. However, please note that we reserve the right to send you certain communications relating to your use of our Site, service announcements, notices of changes to this Privacy Notice or our Terms of Use or similar administrative or transactional messages, and these messages may be unaffected if you choose to opt out from marketing communications. If you sign up to receive SMS, MMS or RCS messages that may be offered on the Site, you may unsubscribe from any text messages received by replying “STOP”.

If you access the Site through one of our mobile apps, we may, with your permission, send push notifications to your Device. You may opt-out of receiving these at any time by turning push notifications off in your Device settings.

If you are a California resident, please see our “Additional State-Specific Privacy Disclosures” for additional information about how to exercise your privacy rights.

THIRD-PARTY CONTENT, LINKS TO OTHER SITES, AND VISUAL ICON CONTENT FOUND OUTSIDE OF THE SITE

Certain content on the Site may be hosted and served by third parties, and the Site may contain links to third-party websites that VISUAL ICON does not control. For example, our Site may provide links to third-party sites through which you can purchase merchandise, products or services or which link to a product or service offered by a third party. The Site may also contain certain third-party applications, such as email, web browser toolbars, wallpapers or other downloads or software applications. These links and applications may include, without limitation, those that use an VISUAL ICON logo as part of a co-branding agreement. In addition, VISUAL ICON widgets or other VISUAL ICON content may be included, among other places, on web pages and websites that are not associated with VISUAL ICON and over which we have no control. These third parties may collect Site Usage Information through the use of their own cookies and web beacons, independently collect data or solicit personal information, and may have the ability to track your use of their sites and services. VISUAL ICON is not responsible for the privacy or other practices employed by any third party.

SECURITY

While VISUAL ICON takes commercially reasonable steps designed to secure your personal information, no data transmission over the Internet, wireless transmission or electronic storage of information can be guaranteed to be 100% secure. VISUAL ICON cannot ensure or warrant the security of any information we collect. You use our Site and provide us information at your own risk.

JURISDICTION AND CROSS-BORDER TRANSFER

The Site is controlled and operated by VISUAL ICON from the United States of America. Visitors who use the Site and reside outside the United States of America do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Your personal information may be stored and processed in any country where we have facilities or in which we engage service providers or business partners, and, by using the Site, you consent to the transfer of information to countries outside of your country of residence, including without limitation the United States of America, which may have data protection rules that are different from those of your country. Personal Information processed or stored in another jurisdiction may be subject to access requests from governments, courts, or law enforcement in accordance with the laws of that jurisdiction.

RETENTION PERIOD

We keep personal information as long as needed for the purposes for which it was collected or for which you subsequently authorized it and additionally for as long as we are required to keep it because of legal obligations, professional accounting and audit standards, legal or insurance claims, or regulatory proceedings. Except as noted differently on specific pages or mobile apps, we retain your personal information while you have an account with us, or while you are using our app or continuing to visit us.

SENSITIVE INFORMATION
We ask that you not send us and not disclose any sensitive personal information (e.g., social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, sex life or sexual orientation, biometrics or genetic characteristics, criminal background, or trade union membership) on or through the Site or otherwise to us, unless we specifically request that information.

REVISIONS TO THIS PRIVACY NOTICE

To the fullest extent allowed by applicable law, VISUAL ICON reserves the right to make changes to this Privacy Notice and will notify you of material changes by posting the revised Privacy Notice on our Site. We may also provide notice to you in other ways in our discretion, such as through contact information you have provided. Any changes will be effective immediately upon the posting of the revised Privacy Notice unless otherwise specified. Your continued use of the Site after the effective date of the revised Privacy Notice (or such other act as specified in the revised Privacy Notice) will constitute your consent to those changes to the extent allowed by applicable law.

ADDITIONAL STATE-SPECIFIC PRIVACY DISCLOSURES

Click here to read additional state-specific privacy disclosures as required under applicable laws.

CONTACTING US

If you have any questions about this Privacy Notice, please contact us at info@visual-icon.com or:

Visual Icon
1500 Rosecrans Ave, Ste 500
Manhattan Beach, CA 90266
Main: 310-773-3250
Direct: 310-773-3251