Privacy Policy

Your privacy is important to us. We appreciate that you trust us with your personal information, and we want to share our privacy practices with you in this Privacy Policy.

This Privacy Policy applies to the processing of personal information by Spotter, Inc. and its affiliates and subsidiaries (“Spotter,” “we,” “us,” or “our”) including on our website available at https://spotter.com/ and our other online or offline offerings which link to, or are otherwise subject to, this Privacy Policy (collectively, the “Services”).

Disclosure Regarding the California Consumer Privacy Act (Notice at Collection). For information on our processing of personal information that is subject to the California Consumer Privacy Act (“CCPA”), please see Annex A – Supplemental CCPA Privacy Notice.

1. UPDATES TO THIS PRIVACY POLICY
2. PERSONAL INFORMATION WE COLLECT
3. HOW WE USE PERSONAL INFORMATION
4. HOW WE DISCLOSE PERSONAL INFORMATION
5. YOUR PRIVACY CHOICES AND RIGHTS
6. INTERNATIONAL TRANSFERS OF PERSONAL INFORMATION
7. RETENTION OF PERSONAL INFORMATION
8. SUPPLEMENTAL NOTICE FOR EU/UK GDPR
9. CHILDREN’S PERSONAL INFORMATION
10. THIRD-PARTY WEBSITES/APPLICATIONS
11. CONTACT US

ANNEX A – SUPPLEMENTAL CCPA PRIVACY NOTICE

• UPDATES TO THIS PRIVACY POLICY
  • We may update this Privacy Policy from time to time in our sole discretion. If we do, we’ll let you know by posting the updated Privacy Policy on our website, and/or we may also send other communications.
• PERSONAL INFORMATION WE COLLECT
  • We collect personal information that you provide to us, personal information we collect automatically when you use the Services, and personal information from third-party sources, as described below.
  • ‍
    • Personal Information You Provide to Us Directly
      • ‍We may collect personal information that you provide to us.
        • Account Information. We may collect personal information in connection with the creation or administration of your account. This personal information may include, but is not limited to:
          • Contact Details and Other Information. We may collect personal information such as your name, email address, phone number, information about your accounts with Third-Party Services (defined below), and other information you store with your account
          • Financial and Identification Information. We may collect personal information such as your financial information in order to pay you or otherwise transact with you. If you transact with us, we may also collect identification information such as your drivers’ license and passport number.‍‍
          • Content and Related Information. We may collect any content you provide, along with information about, or contained in, the content. This information may include, but is not limited to, thumbnails, titles, images, audio, transcripts, and videos. It may also include details, statistics, analytics, performance information, and other information about the content.‍
        • ‍Your Communications with Us. We, and our service providers, may collect the information you communicate to us, such as through email, SMS, WhatsApp, our web chat tool, or other communication channels.‍
        • Surveys. We may contact you to participate in surveys. If you decide to participate, we may collect personal information from you in connection with the survey.‍
        • Interactive Features. We and others who use our Services may collect personal information that you submit or make available through our interactive features (e.g., messaging features, commenting functionalities, forums, blogs, and social media pages). Any information you provide using the public sharing features of the Services will be considered “public.”‍
        • Sweepstakes or Contests. We may collect personal information you provide for any sweepstakes or contests that we offer. In some jurisdictions, we are required to publicly share information of sweepstakes and contest winners.‍
        • Conferences, Trade Shows, and Other Events. We may collect personal information from individuals when we attend or host conferences, trade shows, and other events.‍
        • Business Development and Strategic Partnerships. We may collect personal information from individuals and third parties to assess and pursue potential business opportunities.‍
        • Job Applications. If you apply for a job with us, we will collect any personal information you provide in connection with your application, such as your contact information and CV.
    • Personal Information Collected Automatically We may collect personal information automatically when you use the Services.‍
      • Device Information. We may collect personal information about your device, such as your Internet protocol (IP) address, user settings, cookie identifiers, other unique identifiers, browser or device information, Internet service provider, and location information (including, as applicable, approximate location derived from IP address and precise geo-location information).‍
      • Usage Information. We may collect personal information about your use of the Services, such as the pages that you visit, items that you search for, text that you enter into the Service, the types of content you interact with, information about the things you click on, the frequency and duration of your activities, and other information about how you use the Services.‍
      • Inputs and Outputs. We may offer features that allow you to prompt the Services in a variety of media including but not limited to the format of text, files and documents, photos and images, and other materials along with the metadata and other information contained therein (“Inputs“), which generate responses (“Outputs”) based on your Inputs. If you include personal information in your Inputs, we will collect that information and this information may be reproduced in your Outputs.‍
      • Cookie Notice (and Other Technologies). We, as well as third parties, may use cookies, pixel tags, and other technologies (“Technologies”) to automatically collect personal information through your use of the Services.‍
        • Cookies. Cookies are small text files stored in device browsers.‍
        • Pixel Tags/Web Beacons. A pixel tag (also known as a web beacon) is a piece of code embedded in the Services that collects personal information about use of or engagement with the Services. The use of a pixel tag allows us to record, for example, that a user has visited, a particular web page or clicked on a particular advertisement. We may also include web beacons in e-mails to understand whether messages have been opened, acted on, or forwarded.‍‍
      • See “Your Privacy Choices and Rights” below to understand your choices regarding these Technologies.
    • Personal Information Collected from Third Parties
      • ‍We may collect personal information about you from third parties.
        • These third parties may include, but are not limited to, the examples described below.
          • Third-Party Services. If you access or interact with the Services using a Third-Party Service (defined below), we may collect personal information along with information associated with your account from that Third-Party Service that you have made available via your privacy settings. This may include, but is not limited to, contact details about you, content that you have associated with your Third-Party Services account, and information about that content.
            • Certain information obtained from Google is subject to the Google API Services User Data Policy.‍
          • ‍Other Users. Users of the Services may upload or otherwise provide personal information about others.‍
          • Publicly Available Information. We may collect personal information from publicly available sources.
• HOW WE USE PERSONAL INFORMATION‍
  • We use personal information for a variety of business purposes, including to provide the Services, to improve the Services, to develop new products and services, to operate our business, and to provide you with marketing materials, as described below.‍
    • Provide the Services
    • ‍We use personal information to fulfill our contract with you and provide the Services, such as:
      • Managing your information;
      • Assessing and managing your content library assets;
      • Providing you with recommendations and suggestions;
      • Providing access to certain areas, functionalities, and features of the Services;
      • Answering requests for support;
      • Communicating with you;‍
    • ‍Improve the Services and Develop New Products and ServicesWe use personal information to improve the Services and to develop new products and services, such as:
    • • Developing, training, fine tuning, and prompting models and algorithms; and
      • Improving, upgrading, or enhancing the Services.
    • Operate Our Business
      • We use personal information to operate our business, such as:
      • • Pursuing our legitimate interests such as direct marketing, research and development (including marketing research), network and information security, and fraud prevention;
        • Detecting security incidents, protecting against malicious, deceptive, fraudulent or illegal activity, and prosecuting those responsible for that activity;
        • Carrying out analytics;
        • Measuring interest and engagement in the Services;
        • Creating de-identified and/or aggregated information. If we create or receive de-identified information, we will not attempt to reidentify such information, unless permitted by, or required to comply with, applicable laws;
        • Authenticating and verifying individual identities, including requests to exercise your rights under this Privacy Policy;
        • Processing applications if you apply for a job we post on our Services;
        • Allowing you to register for events;
        • Auditing relating to interactions, transactions, and other compliance activities;
        • Enforcing our agreements and policies; and
        • Carrying out activities that are required to comply with our legal obligations.
    • Marketing
      • We may use personal information to tailor and provide you with marketing and other content, including marketing about other Spotter products, services, and offerings we think may be of interest to you. We may provide you with these materials as permitted by applicable law.
      • If you have any questions about our marketing practices, you may contact us at any time as set forth in “Contact Us” below.‍
      • ‍
    • With Your Consent or Direction ‍
      • We may use personal information for other purposes that are clearly disclosed to you at the time you provide personal information, with your consent, or as otherwise directed by you.
    • Automated Decision Making
      • We may engage in automated decision making, including profiling. If you have questions about our automated decision making, you may contact us as set forth in “Contact Us” below.
• HOW WE DISCLOSE PERSONAL INFORMATION
  • We disclose personal information to third parties for a variety of business purposes, including to provide the Services, to protect us or others, or in the event of a major business transaction such as a merger, sale, or asset transfer, as described below.
    • Disclosures to Provide the Services
      We may disclose any of the personal information we collect to the categories of third parties described below.
    • Service Providers. We may disclose personal information to third-party service providers that assist us with the provision of the services. This may include, but is not limited to, service providers that provide us with hosting, customer service, analytics, marketing services, including email and SMS messaging marketing service providers, it support, and related services. Please note that any personal information obtained through an SMS marketing program will not be shared with any third parties for their marketing purposes. Where required by applicable law, we will only disclose your personal information to such service providers upon your express consent. In addition, personal information and chat communications may be disclosed to service providers that help provide our chat features. Some of the service providers we may use include:‍
      • Google Analytics. For more information about how Google uses your personal information, please visit Google Analytics’ Privacy Policy. To learn more about how to opt-out of Google Analytics’ use of your personal information, please click here.
    • Other Users You Share or Interact With. The Services may allow Spotter users to share information or interact with other users of the Services.
      • For example, by default, some information may be accessible to other Spotter users. This may include, but is not limited to, details regarding creator content.
    • Third-Party Services You Share or Interact With. The Services may link to or allow you to interface, interact, share information with, direct us to share information with, access and/or use third-party websites, applications, services, products, and technology (each a “Third-Party Service”).
      • For example, if you use the Services to interact with Google and/or YouTube, personal information may be disclosed to these parties.
      • Any personal information shared with a Third-Party Service will be subject to the Third- Party Service’s privacy policy. We are not responsible for the processing of personal information by Third-Party Services.
    • Business Partners. We may share your personal information with business partners to provide you with a product or service you have requested. We may also share your personal information with business partners with whom we jointly offer products or services. Once your personal information is shared with our business partner, it will also be subject to our business partner’s privacy policy. We are not responsible for the processing of personal information by our business partners.
    • Spotter Customers (Authorized Users Only). In cases where you use our Services as an employee, contractor, or other authorized user of a Spotter customer, that customer may access information associated with your use of the Services including usage data and the contents of the communications and files associated with your account. Your personal information may also be subject to the Spotter customer’s privacy policy. We are not responsible for the Spotter customer’s processing of your personal information.‍
    • Affiliates. We may share your personal information with our corporate affiliates. Our corporate affiliates may use this personal information in accordance with this Privacy Policy, including for their marketing purposes.‍
    • Advertising Partners. We may share your personal information with third-party advertising partners. These third-party advertising partners may set Technologies and other tracking tools on our Services to collect information regarding your activities and your device (e.g., your IP address, cookie identifiers, page(s) visited, location, time of day). These advertising partners may use this information (and similar information collected from other services) for purposes of delivering personalized advertisements to you when you visit digital properties within their networks. This practice is commonly referred to as “interest-based advertising”, “personalized advertising”, or “targeted advertising.”‍
    • Disclosures to Protect Us or Others
      ‍We may access, preserve, and disclose any information we store associated with you to external parties if we, in good faith, believe doing so is required or appropriate to: comply with law enforcement or national security requests and legal process, such as a court order or subpoena; protect your, our, or others’ rights, property, or safety; enforce our policies or contracts; collect amounts owed to us; or assist with an investigation or prosecution of suspected or actual illegal activity.
    • Disclosure in the Event of Merger, Sale, or Other Asset Transfers
      ‍If we are involved in a merger, acquisition, financing, reorganization, bankruptcy, receivership, purchase or sale of assets, transition of service to another provider, or other similar corporate transaction, your personal information may be disclosed, sold, or transferred as part of such a transaction.
• ‍YOUR PRIVACY CHOICES AND RIGHTS

• Your Privacy Choices. The privacy choices you may have about your personal information are described below.‍
• Email Communications. If you receive an unwanted email from us, you can use the unsubscribe functionality found at the bottom of the email to opt out of receiving future emails. Note that you will continue to receive transaction-related emails. We may also send you certain non-promotional communications regarding us and the Services, and you will not be able to opt out of those communications (e.g., communications regarding the Services or updates to this Privacy Policy).‍
• Text Messages. If you receive an unwanted text message from us, you may opt out of receiving future text messages from us by following the instructions in the text message you have received from us or by otherwise contacting us as set forth in “Contact Us” below.‍
• “Do Not Track.” Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers.‍
• Cookies. You may stop or restrict the placement of Technologies on your device or remove them by adjusting your preferences as your browser or device permits. However, if you adjust your preferences, the Services may not work properly.
  • Please note that cookie-based opt-outs are not effective on mobile applications. However, you may opt-out of certain tracking on some mobile applications by following the instructions for Android, iOS, and others.
  • The online advertising industry also provides mechanisms that may allow you to opt out of receiving targeted ads from organizations that participate in self-regulatory programs. To learn more, visit the Network Advertising Initiative, the Digital Advertising Alliance, and the European Digital Advertising Alliance.
  • Please note you must separately opt out in each browser and on each device.
  • Your Privacy Rights. In accordance with applicable law, you may have the right to:‍
    • Confirm Whether We Are Processing Your Personal Information;‍
    • Request Access to or Portability of Your Personal Information;‍
    • Request Correction of Your Personal Information;‍
    • Request Deletion of Your Personal Information;‍
    • Request Restriction of or Object to our Processing of Your Personal Information; and‍
    • Withdraw Your Consent to our Processing of Your Personal Information. Please note that your withdrawal will only take effect for future processing, and will not affect the lawfulness of processing before the withdrawal
    • If you would like to exercise any of these rights, please contact us as set forth in “Contact Us” below. We will process such requests in accordance with applicable laws.
    • Only you, or someone legally authorized to act on your behalf in certain jurisdictions, may make a request to exercise the rights listed above regarding your personal information. If your personal information is subject to a law that allows an authorized agent to act on your behalf in exercising your privacy rights and you wish to designate an authorized agent, please provide written authorization signed by you and your designated agent using the information found in “Contact Us” below and ask us for additional instructions.
    • To protect your privacy, we will take steps to verify your identity before fulfilling requests submitted under applicable privacy laws. These steps may involve asking you to provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative. Examples of our verification process may include asking you to confirm the email address we have associated with you.
    • If your personal information is subject to the applicable data protection laws of the European Economic Area or the United Kingdom, you have the right to lodge a complaint with the competent supervisory authority if you believe our processing of your personal information violates applicable law.
• INTERNATIONAL TRANSFERS OF PERSONAL INFORMATION‍
  • All personal information processed by us may be transferred, processed, and stored anywhere in the world, including, but not limited to, the United States or other countries, which may have data protection laws that are different from the laws where you live. These countries may or may not have adequate data protection laws as defined by the data protection authority in your country.
  • If we transfer personal information from the European Economic Area, Switzerland, and/or the United Kingdom to a country that does not provide an adequate level of protection under applicable data protection laws, one of the safeguards we may use to support such transfer is the EU Standard Contractual Clauses.
  • For more information about the safeguards we use for international transfers of your personal information, please contact us as set forth below.
• RETENTION OF PERSONAL INFORMATION
  • We store the personal information we collect as described in this Privacy Policy for as long as you use the Services, or as necessary to fulfill the purpose(s) for which it was collected, provide the Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws.
  • To determine the appropriate retention period for personal information, we may consider applicable legal requirements, the amount, nature, and sensitivity of the personal information, certain risk factors, the purposes for which we process your personal information, and whether we can achieve those purposes through other means.
• SUPPLEMENTAL NOTICE FOR EU/UK GDPR
  • This Supplemental Notice for EU/UK GDPR only applies to our processing of personal information that is subject to the EU or UK General Data Protection Regulation.
  • In some cases, providing personal information may be a requirement under applicable law, a contractual requirement, or a requirement necessary to enter into a contract. If you choose not to provide personal information in cases where it is required, we will inform you of the consequences at the time of your refusal to provide the personal information.
  • Spotter’s processing of your personal information may be supported by one or more of the following lawful bases: