Privacy Policy

JSM Applications, Inc.

Privacy Policy
Last modified December __, 2021

JSM Applications, Inc. (“JSM,” “we,” or “us”) respects your privacy and is committed to communicating transparently regarding our privacy practices. This Privacy Policy describes the types of information we may collect from you when you visit our website at eyeson.co or any subdomain thereof, or visit or use our mobile software application known as “EyesOn” (the “App”) or any related mobile or desktop applications, including any content or functionality offered on or through any of the foregoing (collectively with the App, the “Site”), or when you access or use the online services we make available through the Site (collectively, the “Service”). This Privacy Policy also describes our practices for collecting, using, maintaining, protecting, and disclosing such information.

This Privacy Policy applies to information we collect on the Site, in email, text, or other electronic messages between you and the Site, and through your access to or use of the Service through the Site. It does not apply to information collected by us offline or through any other means, including on any other website operated by us or any third party, nor to information collected by any other third party, including through any application or content (including advertising) that may link to or be accessible from or on the Site or Service.

Please read this Privacy Policy carefully before you start to use the Site or Service to understand our policies and practices regarding how we treat your information. By accessing or using the Site or Service in any manner, you accept and agree to be bound by this Privacy Policy. If you do not agree with any terms of this Privacy Policy, you may not access or use the Site or Service in any manner.

This Privacy Policy may change from time to time (see Updates to Our Privacy Policy, below). Your continued use of the Site or Service after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

Privacy of Children

The Site and Service are not intended for or directed to children. No one under age 16 may provide any information to or on the Site or Service. We do not knowingly collect or solicit personal information from children under age 16. If you are younger than 16 years of age, do not use or provide any information on the Site or through the Service or any of its features, register on, upload images or other content to, or use any of the interactive features of the Site or Service, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under age 16, we will delete that information. If you believe we might have any information from a child younger than 16 years of age, please contact us at info@eyeson.co.

Information We Collect

When you access the Site or use the Service, we collect certain information about you.  This may include information by which you may be personally identified, such as name, postal address, geographic location, e-mail address, telephone number, or, where submitted by you, your image, as well as information that is about you but may not specifically identify you, such as information about your internet connection, the equipment you use to access the Site or Service, and usage details, IP addresses, and certain other information collected through cookies and other tracking technologies (collectively “personal information“). 

Information You Provide Us

We collect personal information from various sources, such as directly from you when you access or use the Site or Service.  This may include: 

• information that you provide on the Site or through the Service. This includes information provided [at the time of registering to use the Site or Service ], posting or uploading images or other material or content, or requesting further services. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with the Site or Service.
• records and copies of your correspondence (including email addresses), if you contact us.
• your responses to surveys that we might ask you to complete for research purposes.
• your search queries on the Site.

You also may provide information, images, and other content to be published or displayed on, or to be otherwise posted or uploaded to, the Service (hereinafter, “posted“) for use in connection with the JSM visual search tool, for posting on public areas of the Site, or for transmission to third parties (collectively, “User Contributions“). Your User Contributions are posted at your own risk. [Although you may have the option to set certain permission settings through your account, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Site with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.]

Please note that you are responsible for ensuring that, when you take any picture,

, or other image for use with the JSM visual search tool, such picture,

or other image does not show any other persons besides yourself (including any minor). We are not responsible for any video, audio, or other personal information collected through any User Contributions (including any pictures, video recordings or other images) of any other persons that are located in your vicinity when you capture images or videos for use in the Service or with the JSM visual search tool. You are solely responsible for obtaining, and hereby represent and warrant to JSM that you have obtained, all required permissions and consents from any such person (including any minor) that might be shown or recorded (audially or visually) through any device used by you when accessing the Service (including the JSM visual search tool).

Information We Collect by Automatic Means

When you navigate through and interact with the Site, we may use automatic data collection technologies to collect certain information about your equipment, browsing, actions, and patterns, including:

• information about the devices you use to access the Site and Service (such as the IP address and the type of the device, operating system, web browser);
• information about your network provider, mobile carrier, mobile browser type, and your click-sequence and tap-sequence when using your device or the App;
• dates, times, and duration of use of the Site (including whether you are a repeat or first time visitor); 
• information on actions taken when using the Service (such as page views and website navigation patterns);
• audio, video, or other digital information gathered when you upload images or other content to the Service for purposes of utilizing the JSM visual search tool;
• certain geolocational information; 
• metadata and other information associated with other files stored on your device. This may include, for example, photographs, audio and video clips, personal contacts, and address book information; and 
• information about your online activities over time and across third-party websites or other online services (behavioral tracking).

In addition, we use third-party web analytics services to help us understand your use of the Site and the popularity of certain content so we can improve your experience. For more information on our use of third-party analytics services, see Third Party Providers below. 

Information we collect automatically may be statistical data that does not include personal information. We may maintain or associate any such statistical data with personal information we collect in other ways or receive from third parties. It helps us to estimate our audience size and usage patterns, speed up user experience, and to improve and personalize the Service, including enabling us to identify [and authenticate] users. To the extent that we associate any of this non-personal information with your personal information, we will treat it as personal information under the terms of this Privacy Policy.

Technologies we use for automatic data collection may include cookies. A cookie is a small file placed on the hard drive of your computer. Pages of our Site and our emails may also contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

Third-Party Use of Cookies and Other Tracking Technologies

Some content or applications on the Site are served by third-parties, including content and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Site. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content. 

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about any targeted content, you should contact the responsible provider directly.

How We Use the Information We Collect

We may use information we obtain about you, or that you provide to us:

• to process search queries and other service requests you have submitted through the Site or the Service;
• to send you information or materials you request;
• to respond to your questions and comments and provide customer support;
• to communicate with you about our products, services, offers, and promotions;
• to operate, evaluate, and improve our business and the products and services we offer;
• to analyze trends and statistics regarding use of the Service and searches conducted using the Service;
• to protect against and prevent fraud, claims, and other liabilities, and manage risk exposure, including by identifying potential hackers and other unauthorized users;
• to enforce our Terms of Service and other agreements; 
• to comply with applicable legal requirements and industry standards; and
• for any other purpose for which you provide your consent. 

We may also use your information to contact you about our own and third-parties’ goods and services that may be of interest to you.  If you do not want us to use your information in this way, please email info@eyeson.co. For more information, see Your Choices.

How We Share Your Personal Information

We may disclose aggregated information about our users, and information that does not identify any individual user, without restriction. 

We may disclose personal information that we collect or you provide (as described in this Privacy Policy):

• to our subsidiaries and affiliates;
• to contractors, service providers, and other third parties we use to support our business;
• to comply with any court order, law, or legal process, including to respond to any government or regulatory request;
• to enforce or apply our Terms of Service and other agreements;
• if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of JSM, users of the Site or Service, and/or others;
• for any other purpose which is incidental to the normal use of the Service; and
• for any other purpose for which you provide your consent.
• EyesOn may receive a share of sales via affiliate links in content. Prices can change at any time.

We may also disclose personal information to third parties to market their products or services to you if you have not opted out of these disclosures. For more information, see Your Choices, below.

We also reserve the right to transfer your personal and other information to a buyer or other transferee in the event of a merger, divestiture, restructuring, reorganization, dissolution, sale, or other transfer of some or all of our assets.  Should such a sale, merger, or transfer occur, we will use reasonable efforts to direct the transferee to use your information in a manner that is consistent with our Privacy Policy.

Third Party Providers

Without limiting the foregoing, we may also employ third party companies and individuals to facilitate our Site and to process data, perform Site-related services, or to assist us in analyzing how the Service is used (collectively, “Third Party Providers”). These Third Party Providers may have access to your personal information for purposes of performing these tasks on our behalf, and may have the right to retain and use personal information or other information through performance of these tasks on an aggregated and de-identified basis in accordance with the terms of the applicable Third Party Provider’s privacy policy. We advise you to review the privacy policies of the Third Party Providers, but note that we have no control over and assume no responsibility for the content, privacy policies or practices of any Third Party Providers, their sites or services.

Third Party Providers may include, but are not limited to, the following:

Analytics.  We may use Third Party Providers to monitor and analyze the use of our Site.

• Google Analytics. Google Analytics is an independent web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Site. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network. You can learn about Google’s privacy practices at https://www.google.com/intl/en/policies/privacy.

You may opt out of the aggregation and analysis of data collected about you on our Site by Google Analytics by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/. Please note that if you opt out, analytics companies other than Google Analytics may continue to aggregate and analyze data collected about you on the Site.

Other Service Providers. We also use Third Party Providers for marketing, technical, operational, and other services, including as follows:

• Google AdSense. Google AdSense may be used to source and manage advertisements shown on the Site. You can learn about Google’s privacy practices at https://www.google.com/intl/en/policies/privacy. 
• Google AdMob. Google AdMob may be used to source and manage advertisements shown on the App. You can learn about Google’s privacy practices at https://www.google.com/intl/en/policies/privacy.

Security

JSM takes protecting your information seriously, and implements reasonable measures to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.  [However, the safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to the Service or certain parts of the Site, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. 

We urge you to be careful about giving out information in public areas of the Site like message or comment boards. The information you share in public areas may be viewed by any user of the Site. Please use caution in determining what personal information to disclose.]

Please note that the electronic transmission of information is not completely secure. We cannot guarantee that the security measures we have in place to safeguard information will never be defeated or fail, or that such measures will always be sufficient or effective. Any transmission of information is at your own risk.

Information and Data Transfers

The Service is administered by JSM in the United States. When we obtain information about you through your access to or use of the Site or Service or when you input or import information to the Service from somewhere other than the United States, we may transfer, process, and store such information in the United States. If you access the Site and/or Service from outside the United States, you do so on your own initiative, at your sole risk, and you are responsible for compliance with all applicable laws. If you are a non-United States resident and provide us with your personal information, or if you use the Service, you consent to the transfer to and processing of such information in the United States, which may have data protection laws less stringent than those in the country in which you reside.

Your Choices

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

Cookies. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of the Site and the Service may then be inaccessible or not function properly.

Notifications. The Service may deliver notifications to your mobile device from time to time. You can disable these notifications by changing notification settings on your mobile device.

Third-Party Advertising. If you do not want us to share your personal information with unaffiliated or non-agent third parties for promotional purposes, you can opt-out by sending an email to us with your request at info@eyeson.co.

[Emails. JSM may send Service updates, Service notifications, promotional information and other communications to you via email. Promotional email communications will contain instructions describing how you can opt out of receiving future promotional emails from us. If you opt out of promotional emails, you may continue to receive non-promotional, transactional emails from us.]

Limiting Provided Information. You can choose not to provide us with certain information, including, without limitation, by limiting images and other content you post to the Site or Service. If you decline to provide certain information (including images and other content), however, please note that some features of the Site and/or Service may then be inaccessible.

“Do Not Track” Request

We adhere to the standards set out in this Privacy Policy and do not monitor or respond to Do Not Track browser requests.

Third Party Applications and Websites

The Site and/or Service may contain links enabling the electronic transfer of data from third-party applications to the Site or Service, as well as links to third-party websites. JSM is not responsible for the privacy practices or content of these applications or websites, and linking to an application or website does not constitute endorsement by us of that application or website. You should review the privacy policy and terms and conditions of any such third-party application or website prior to using or providing information to the same.

Accessing and Correcting Your Information

[Your personal information is accessible through, and may be reviewed and changed by logging in to, your user account.] You may also send us an email at info@eyeson.co to request access to, correct, or delete any personal information that you have provided to us. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

If you delete your User Contributions, copies of your User Contributions or correspondence may remain viewable in cached and archived pages, or might have been copied or stored by other users. Proper access and use of information provided on the Site and Service, including User Contributions, is governed by our Terms of Service.

[Your California Privacy Rights

California law grants additional privacy rights to California residents. In particular, the California Consumer Privacy Act (CCPA) requires businesses to disclose, for the past 12 months, (i) the categories of personal information collected, (ii) the sources of the collected personal information, (iii) the purposes for which the collected personal information is used, (iv) the categories of personal information disclosed for a business purpose, and (v) the categories of any personal information sold. JSM provides these disclosures in the following table. (Note that JSM does not sell any personal information, even under the broad CCPA definition of a “sale.”)

California residents also have the rights described below. We will not discriminate against any California resident who exercises these rights. 

Right to access/know your information. You may request from us a list of (i) the personal information that we have collected about you, and (ii) the categories of third parties to whom we have disclosed your personal information. You have the right to up to two (2) access requests each twelve (12) months.

Right to delete your information. You may request, at any time, that we delete your information and direct our service providers to delete your information from their records.

You may contact us to exercise these rights at info@eyeson.co. To ensure the privacy and protection of individuals, we are required to verify your identity (or that of your authorized agent) or otherwise authenticate your request(s), which we will do in accordance with the CCPA regulations. Please note that, under the CCPA, we are not required to grant a request to access/know or a request to delete with respect to personal information obtained from you in your role as an employee, owner, director, officer or contractor of a company and within the context of JSM providing its services to such company.]

Your European and UK Privacy Rights

If you are a resident of the European Union or the UK, you are entitled to certain information and have certain rights under the General Data Protection Regulation (Regulation (EU) 2016/679) (the “GDPR”) or the UK GDPR adopted post Brexit (also referred to herein for convenience as simply the “GDPR”). Those rights include:

• the right of access to your information.
• the right to rectify your information if it is incorrect or incomplete.
• the right to have your information erased (“right to be forgotten”) if certain grounds are met.
• the right to withdraw your consent to our processing of your information at any time (if our processing is based on consent).
• the right to object to our processing of your information (if processing is based on legitimate interests).
• the right to object to our processing of your information for direct marketing purposes.
• the right to receive your information from us in a structured, commonly used and machine-readable format, and the right to transmit your information to another controller without hindrance from us (data portability).

If you are located in the European Union or the UK and you are or have been a user of our services (including the Service), we may send you marketing communications based on our legitimate interests, subject always to your right to opt out of such communications. Further, if you are located in the European Union, we will never share your information with a third party for such third party’s marketing purposes, unless you have specifically consented to us doing so.

You may contact us at info@eyeson.co to exercise any of the above rights. We may request specific information from you to confirm your identity, and in some circumstances, we may charge a reasonable fee for access to your information.

Furthermore, if you believe that our processing of your information is inconsistent with your data protection rights under the GDPR and we have not adequately addressed your concerns, you have the right to lodge a complaint with the data protection supervisory authority of your country.

For purposes of the GDPR, we are a “controller” and you are a “data subject.”

Updates to Our Privacy Policy

JSM reserves the right to change this Privacy Policy at any time. If we make a material change to this Privacy Policy, we will make an effort to communicate these changes to you via email or by posting a notification on the Site. The date this Privacy Policy was last revised is at the top of this page. We encourage you to review this Privacy Policy periodically to check for any updates or changes.

Contact Us

If you have any questions about this Privacy Policy or our information practices, please email us at  info@eyeson.co or write to us at: