Effective date: December 6, 2017
Welcome to Driftr (“Driftr,” “we,” “us” or “our”). Driftr provides a fast, beautiful and fun way for you to share media through our content-sharing platform. Just snap a photo, choose a filter to transform the look and feel, add comments (if you like) and share!
- Our Policy applies to all visitors, users, and others who access the Service (“Users“).
1. INFORMATION WE COLLECT
We collect the following types of information.
Information you provide us directly:
- Your username, password and e-mail address when you register for an Driftr account.
- Profile information that you provide for your user profile (e.g., first and last name, picture, phone number). This information allows us to help you or others be “found” on Driftr.
- User Content (e.g., photos, comments, and other materials) that you post to the Service.
- Communications between you and Driftr. For example, we may send you Service-related emails (e.g., account verification, changes/updates to features of the Service, technical and security notices). Note that you may not opt out of Service-related e-mails.
Finding your friends on Driftr:
- If you choose, you can use our “Find friends” feature to locate other people with Driftr accounts either through (i) your contacts list, (ii) third-party social media sites or (iii) through a search of names and usernames on Driftr.
- If you choose to find your friends through (i) your device’s contacts list, then Driftr will access your contacts list to determine whether or not someone associated with your contact is using Driftr.
- If you choose to find your friends (iii) through a search of names or usernames on Driftr then simply type a name to search and we will perform a search on our Service.
- Note about “Invite Friends” feature: If you choose to invite someone to the Service through our “Invite friends” feature, you may select a person directly from the contacts list on your device and send a text or email from your personal account. You understand and agree that you are responsible for any charges that apply to communications sent from your device, and because this invitation is coming directly from your personal account, Driftr does not have access to or control this communication.
- We use third-party analytics tools to help us measure traffic and usage trends for the Service. These tools collect information sent by your device or our Service, including the web pages you visit, add-ons, and other information that assists us in improving the Service. We collect and use this analytics information with analytics information from other Users so that it cannot reasonably be used to identify any particular individual User.
Cookies and similar technologies:
Log file information:
- Log file information is automatically reported by your browser each time you make a request to access (i.e., visit) a web page or app. It can also be provided when the content of the webpage or app is downloaded to your browser or device.
- When you use our Service, our servers automatically record certain log file information, including your web request, Internet Protocol (“IP”) address, browser type, referring / exit pages and URLs, number of clicks and how you interact with links on the Service, domain names, landing pages, pages viewed, and other such information. We may also collect similar information from emails sent to our Users which then help us track which emails are opened and which links are clicked by recipients. The information allows for more accurate reporting and improvement of the Service.
- When you use a mobile device like a tablet or phone to access our 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 Driftr.
- A device identifier may deliver information to us or to a third party partner about how you browse and use the Service and may help us or others provide reports or personalized content and ads. Some features of the Service may not function properly if use or availability of device identifiers is impaired or disabled.
- Metadata is usually technical data that is associated with User Content. For example, Metadata can describe how, when and by whom a piece of User Content was collected and how that content is formatted.
- Users can add or may have Metadata added to their User Content including a hashtag (e.g., to mark keywords when you post a photo), geotag (e.g., to mark your location to a photo), comments or other data. This makes your User Content more searchable by others and more interactive. If you geotag your photo or tag your photo using other’s APIs then, your latitude and longitude will be stored with the photo and searchable (e.g., through a location or map feature) if your photo is made public by you in accordance with your privacy settings.
2. HOW WE USE YOUR INFORMATION
- help you efficiently access your information after you sign in
- remember information so you will not have to re-enter it during your visit or the next time you visit the Service;
- provide personalized content and information to you and others, which could include online ads or other forms of marketing
- provide, improve, test, and monitor the effectiveness of our Service
- develop and test new products and features
- monitor metrics such as total number of visitors, traffic, and demographic patterns
- diagnose or fix technology problems
- automatically update the Driftr application on your device
- Driftr or other Users may run contests, special offers or other events or activities (“Events”) on the Service. If you do not want to participate in an Event, do not use the particular Metadata (i.e. hashtag or geotag) associated with that Event.
3. SHARING OF YOUR INFORMATION
We will not rent or sell your information to third parties outside Driftr (or the group of companies of which Driftr is a part) without your consent, except as noted in this Policy.
Parties with whom we may share your information:
- We may share User Content and your information (including but not limited to, information from cookies, log files, device identifiers, location data, and usage data) with businesses that are legally part of the same group of companies that Driftr is part of, or that become part of that group (“Affiliates”). Affiliates may use this information to help provide, understand, and improve the Service (including by providing analytics) and Affiliates’ own services (including by providing you with better and more relevant experiences). But these Affiliates will honor the choices you make about who can see your photos.
- We also may share your information as well as information from tools like cookies, log files, and device identifiers and location data, with third-party organizations that help us provide the Service to you (“Service Providers”). Our Service Providers will be given access to your information as is reasonably necessary to provide the Service under reasonable confidentiality terms.
- We may also share certain information such as cookie data with third-party advertising partners. This information would allow third-party ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you.
- We may remove parts of data that can identify you and share anonymized data with other parties. We may also combine your information with other information in a way that it is no longer associated with you and share that aggregated information.
Parties with whom you may choose to share your User Content:
- Any information or content that you voluntarily disclose for posting to the Service, such as User Content, becomes available to the public, as controlled by any applicable privacy settings that you set. To change your privacy settings on the Service, please change your profile setting. Once you have shared User Content or made it public, that User Content may be re-shared by others.
- If you remove information that you posted to the Service, copies may remain viewable in cached and archived pages of the Service, or if other Users or third parties using the Driftr API have copied or saved that information.
What happens in the event of a change of control:
Responding to legal requests and preventing harm:
- We may access, preserve and share your information in response to a legal request (like a search warrant, court order or subpoena) if we have a good faith belief that the law requires us to do so. This may include responding to legal requests from jurisdictions outside of the United States where we have a good faith belief that the response is required by law in that jurisdiction, affects users in that jurisdiction, and is consistent with internationally recognized standards. We may also access, preserve and share information when we have a good faith belief it is necessary to: detect, prevent and address fraud and other illegal activity; to protect ourselves, you and others, including as part of investigations; and to prevent death or imminent bodily harm. Information we receive about you may be accessed, processed and retained for an extended period of time when it is the subject of a legal request or obligation, governmental investigation, or investigations concerning possible violations of our terms or policies, or otherwise to prevent harm.
4. HOW WE STORE YOUR INFORMATION
Storage and Processing:
- Your information collected through the Service may be stored and processed in the United States or any other country in which Driftr, its Affiliates or Service Providers maintain facilities.
- Driftr, its Affiliates, or Service Providers may transfer information that we collect about you, including personal information across borders and from your country or jurisdiction to other countries or jurisdictions around the world. If you are located in the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction.
- We use commercially reasonable safeguards to help keep the information collected through the Service secure and take reasonable steps (such as requesting a unique password) to verify your identity before granting you access to your account. However, Driftr cannot ensure the security of any information you transmit to Driftr or guarantee that information on the Service may not be accessed, disclosed, altered, or destroyed.
- Please do your part to help us. You are responsible for maintaining the secrecy of your unique password and account information, and for controlling access to emails between you and Driftr, at all times. Your privacy settings may also be affected by changes the social media services you connect to Driftr make to their services. We are not responsible for the functionality, privacy, or security measures of any other organization.
5. YOUR CHOICES ABOUT YOUR INFORMATION
Your account information and profile/privacy settings:
- Update your account at any time by logging in and changing your profile settings.
- Unsubscribe from email communications from us by clicking on the “unsubscribe link” provided in such communications. As noted above, you may not opt out of Service-related communications (e.g., account verification, purchase and billing confirmations and reminders, changes/updates to features of the Service, technical and security notices).
How long we keep your User Content:
- Following termination or deactivation of your account, Driftr, its Affiliates, or its Service Providers may retain information (including your profile information) and User Content for a commercially reasonable time for backup, archival, and/or audit purposes.
6. CHILDREN’S PRIVACY
Driftr does not knowingly collect or solicit any information from anyone under the age of 13 or knowingly allow such persons to register for the Service. The Service and its content are not directed at children under the age of 13. In the event that we learn that we have collected personal information from a child under age 13 without parental consent, we will delete that information as quickly as possible.
7. OTHER WEB SITES AND SERVICES
8. HOW TO CONTACT US ABOUT A DECEASED USER
In the event of the death of an Driftr User, pleasecontact us. We will usually conduct our communication via email; should we require any other information, we will contact you at the email address you have provided in your request.
9. HOW TO CONTACT US
What are cookies?
Cookies are small text files containing a string of characters that can be placed on your computer or mobile device that uniquely identifies your browser or device. We may use technologies like cookies, pixels and local storage to deliver, secure, and understand products, services, and ads.
What are cookies used for?
Cookies and other technologies allow a site or services to know if your computer or device has visited it before. These technologies can then be used to deliver products, services, and ads, help us understand how the site or service is being used, help you navigate between pages efficiently, help remember your preferences, and generally improve your experience in using our services. Cookies can also help ensure marketing you see online is more relevant to you and your interests.
How long will cookies stay on my device?
The length of time a cookie will stay on your computer or mobile device depends on whether it is a “persistent” or “session” cookie. Session cookies will only stay on your device until you stop browsing. Persistent cookies stay on your computer or mobile device until they expire or are deleted.
First and third party cookies
First-party cookies are cookies that belong to Driftr, third-party cookies are cookies that another party places on your device through our Service. Third-party cookies may be placed on your device by someone providing a service for Driftr, for example to help us understand how our service is being used. Third-party cookies may also be placed on your device by our business partners so that they can use them to advertise products and services to you elsewhere on the Internet.
How to control cookies or other collection mechanisms
Follow the instructions provided by your website or mobile browser (usually located within the “Help”, “Tools” or “Edit” facility) to modify your cookie settings. Please note that if you set your browser to disable cookies or other technologies, you may not be able to access certain parts of our Service and other parts of our Service may not work properly.
We provide the Driftr APIs to support several types of apps and services. First, we provide them to help members of our community share their own content with apps or services. We also support apps and services that help brands and advertisers understand and manage their audience, develop their content strategy, and obtain digital rights. Finally, we provide the Driftr APIs to help broadcasters and publishers discover content, get digital rights to media, and share media using web embeds. The Driftr APIs are not intended for other types of apps or services. For those we do support, the following terms and information also apply:
A. General Terms
- Ensure your app is stable and easily navigable. For example, verify that you have integrated Login correctly. Your app shouldn’t crash or hang during the testing process.
- Don’t confuse, deceive, defraud, mislead, or harass anyone.
- Be transparent about your identity and your app’s identity.
- Don’t use the Driftr APIs for any app that constitutes, promotes or is used in connection with spyware, adware, or any other malicious programs or code.
- Don’t store or cache Driftr login credentials.
- Provide meaningful customer support for your app, and make it easy for people to contact you.
- Comply with any requirements or restrictions imposed on usage of Driftr user photos and videos (“User Content”) by their respective owners. You are solely responsible for making use of User Content in compliance with owners’ requirements or restrictions.
- Remove within 24 hours any User Content or other information that the owner asks you to remove.
- Obtain a person’s consent before including their User Content in any ad.
- Only store or cache User Content for the period necessary to provide your app’s service.
- If you store or cache User Content, keep it up to date. For example, if a user marks a photo as “private”, you must reflect that change by removing the content as soon as reasonably possible.
- Don’t use the Driftr API to simply display User Content, import or backup content, or manage Driftr relationships, without our prior permission.
- Don’t participate in any “like”, “share”, “comment” or “follower” exchange programs.
- Don’t use follower information for anything other than analytics without our prior permission. For example, don’t display these relationships in your app.
- Only use the POST and DELETE endpoints after a business has taken an explicit action in your app requesting you to do so.
- Only use the POST and DELETE likes, comments, and relationships endpoints to enable businesses to manage communication with people who have expressed interest in them. Don’t use these endpoints for non-business purposes.
- Only use the INSIGHTS DATA endpoint to inform the account holder of their own analytics information. Do not use it for any other service and do not share it with any third parties.
- Ensure your comments are uniquely tailored for each person. Don’t post unauthorized commercial communication or spam on Driftr.
- Don’t enable a business to take more than one action on Driftr at a time.
- Respect the limits we’ve placed on Driftr functionality and the way Driftr looks and functions. Don’t offer experiences that change it.
- Don’t attempt to build an ad network on Driftr.
- Don’t attempt to identify groups of individuals or create demographic clusters for the purpose of contacting or targeting Driftr members on or off Driftr.
- Protect the information you receive from us against unauthorized access, use, or disclosure. For example, don’t use data obtained from us to provide tools that are used for surveillance.
- Don’t transfer any data that you receive from us (including anonymous, aggregate, or derived data) to any ad network, data broker, influencer network, or other advertising or monetization-related service.
- Only incentivize a person to log into your app or enter a promotion. Don’t incentivize other actions.
- If you want to facilitate or promote online gambling, online real money games of skill, or online lotteries, get our written permission before using any of our products.
- Don’t reverse engineer the Driftr APIs or any of Driftr’s apps.
- Don’t sell, lease, or sublicense the Driftr APIs or any data derived through the APIs.
- Comply with all applicable laws or regulations. Don’t violate any rights of any person, including but not limited to intellectual property rights, rights of privacy, or rights of personality. Don’t expose Driftr or people who use Driftr to harm or legal liability.
B. Things you should know
- Driftr primarily communicates with developers through email. Please ensure that the email addresses associated with your Driftr account are current and that you don’t filter out these messages.
- Driftr may rate limit or block apps that make a large number of calls to the API that are not primarily in response to direct user actions.
- Enforcement is both automated and manual, and can include disabling your app, restricting you and your app’s access to Driftr APIs, requiring that you delete data, terminating our agreements with you or any other action that we deem appropriate.
- Driftr may change, suspend, or discontinue the availability of any Driftr APIs at any time. In addition, Driftr may impose limits on certain features and services or restrict your access to parts or all of the Driftr APIs or the Driftr website without notice or liability.
- If Driftr elects to provide you with support or modifications for the Driftr APIs, this support may be terminated at any time without notice to you.
- Driftr reserves the right to charge fees for future use of or access to the Driftr APIs.
- Driftr doesn’t guarantee that any Driftr APIs are free of inaccuracies, errors, bugs, or interruptions, or are reliable, accurate, complete, or otherwise valid.
- Licensed Uses and Restrictions: The Driftr APIs are owned by Driftr and are licensed to you on a worldwide (except as limited below), non-exclusive, non-sublicenseable basis in accordance with these terms. Your license to the Driftr APIs continues until it is terminated by either party. Please note that User Content is owned by users and not by Driftr. All rights not expressly granted to you are reserved by Driftr.
- Disclaimer of Any Warranty: Driftr APIs and all data derived through such APIs are provided “as is” with no warranty, express or implied, of any kind and Driftr expressly disclaims any and all warranties and conditions, including but not limited to, any implied warranty of merchantability, fitness for a particular purpose, availability, security, title and non-infringement. You are solely responsible for any damage that results from the use of any Driftr APIs and all any data derived through such APIs including, but not limited to, any damage to your computer system or loss of data.
- Limitation of Liability: Driftr shall not, under any circumstances, be liable to you for any indirect, incidental, consequential, special or exemplary damages arising out of or in connection with use of the Driftr APIs and any data derived through such APIs, whether based on breach of contract, breach of warranty, tort (including negligence, product liability or otherwise), or any other pecuniary loss, whether or not Driftr has been advised of the possibility of such damages. Under no circumstances shall Driftr be liable to you for any amount.
- Release and Waiver: To the maximum extent permitted by applicable law, you hereby release and waive all claims against Driftr, and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, arising from or in any way related to your use of the Driftr APIs and data derived through such APIs. If you are a California resident, you waive your rights under California Civil Code 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” You understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true and you accept and assume the risk of such possible differences in fact. In addition, you expressly waive and relinquish any and all rights and benefits which you may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.
- Hold Harmless and Indemnify: To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify Driftr and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from and against any third-party claim arising from or in any way related to your use of the Driftr APIs and any data derived through the APIs, including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. Driftr shall use good faith efforts to provide you with written notice of such claim, suit or action.
- Relationship of the Parties: Notwithstanding any provision hereof, for all purposes of the Driftr API Terms, you and Driftr shall be and act independently and not as partner, joint venturer, agent, employee or employer of the other. You don’t have any authority to assume or create any obligation for or on behalf of Driftr, express or implied, and you must not attempt to bind Driftr to any contract.
- Invalidity of Specific Terms: If any provision of the Driftr API Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision and that the other provisions remain in full force and effect.
- No Waiver of Rights by Driftr: Driftr’s failure to exercise or enforce any right or provision of the Driftr API Terms shall not constitute a waiver of such right or provision.
We want Driftr to continue to be an authentic and safe place for inspiration and expression. Help us foster this community. Post only your own photos and videos and always follow the law. Respect everyone on Driftr, don’t spam people or post nudity.
Driftr is a reflection of our diverse community of cultures, ages, and beliefs. We’ve spent a lot of time thinking about the different points of view that create a safe and open environment for everyone.
Share only photos and videos that you’ve taken or have the right to share.
- As always, you own the content you post on Driftr. Remember to post authentic content, and don’t post anything you’ve copied or collected from the Internet that you don’t have the right to post.
Post photos and videos that are appropriate for a diverse audience.
- We know that there are times when people might want to share nude images that are artistic or creative in nature, but for a variety of reasons, we don’t allow nudity on Driftr. This includes photos, videos, and some digitally-created content that show sexual intercourse, genitals, and close-ups of fully-nude buttocks. It also includes some photos of female nipples, but photos of post-mastectomy scarring and women actively breastfeeding are allowed. Nudity in photos of paintings and sculptures is OK, too.
- People like to share photos or videos of their children. For safety reasons, there are times when we may remove images that show nude or partially-nude children. Even when this content is shared with good intentions, it could be used by others in unanticipated ways.
Foster meaningful and genuine interactions.
- Help us stay spam-free by not artificially collecting likes, followers, or shares, posting repetitive comments or content, or repeatedly contacting people for commercial purposes without their consent.
Follow the law.
- Driftr is not a place to support or praise terrorism, organized crime, or hate groups. Offering sexual services, buying or selling firearms and illegal or prescription drugs (even if it’s legal in your region) is also not allowed. Remember to always follow the law when offering to sell or buy other regulated goods. Accounts promoting online gambling, online real money games of skill or online lotteries must get our prior written permission before using any of our products.
- We have zero tolerance when it comes to sharing sexual content involving minors or threatening to post intimate images of others.
Respect other members of the Driftr community.
- We want to foster a positive, diverse community. We remove content that contains credible threats or hate speech, content that targets private individuals to degrade or shame them, personal information meant to blackmail or harass someone, and repeated unwanted messages. We do generally allow stronger conversation around people who are featured in the news or have a large public audience due to their profession or chosen activities.
- It’s never OK to encourage violence or attack anyone based on their race, ethnicity, national origin, sex, gender, gender identity, sexual orientation, religious affiliation, disabilities, or diseases. When hate speech is being shared to challenge it or to raise awareness, we may allow it. In those instances, we ask that you express your intent clearly.
- Serious threats of harm to public and personal safety aren’t allowed. This includes specific threats of physical harm as well as threats of theft, vandalism, and other financial harm. We carefully review reports of threats and consider many things when determining whether a threat is credible.
Maintain our supportive environment by not glorifying self-injury.
- The Driftr community cares for each other, and is often a place where people facing difficult issues such as eating disorders, cutting, or other kinds of self-injury come together to create awareness or find support.
- Encouraging or urging people to embrace self-injury is counter to this environment of support, and we’ll remove it or disable accounts if it’s reported to us. We may also remove content identifying victims or survivors of self-injury if the content targets them for attack or humor.
Be thoughtful when posting newsworthy events.
- We understand that many people use Driftr to share important and newsworthy events. Some of these issues can involve graphic images. Because so many different people and age groups use Driftr, we may remove videos of intense, graphic violence to make sure Driftr stays appropriate for everyone.
- We understand that people often share this kind of content to condemn, raise awareness or educate. If you do share content for these reasons, we encourage you to caption your photo with a warning about graphic violence. Sharing graphic images for sadistic pleasure or to glorify violence is never allowed.
Help us keep the community strong:
- Each of us is an important part of the Driftr community. If you see something that you think may violate our guidelines, please help us by using our built-in reporting option. We have a global team that reviews these reports and works as quickly as possible to remove content that doesn’t meet our guidelines. Even if you or someone you know doesn’t have an Driftr account, you can still file a report. When you complete the report, try to provide as much information as possible, such as links, usernames, and descriptions of the content, so we can find and review it quickly. We may remove entire posts if either the imagery or associated captions violate our guidelines.
- You may find content you don’t like, but doesn’t violate the Community Guidelines. If that happens, you can unfollow or block the person who posted it. If there’s something you don’t like in a comment on one of your posts, you can delete that comment.
- Many disputes and misunderstandings can be resolved directly between members of the community. If one of your photos or videos was posted by someone else, you could try commenting on the post and asking the person to take it down. If that doesn’t work, you can file a copyright report . If you believe someone is violating your trademark, you can file a trademark report. Don’t target the person who posted it by posting screenshots and drawing attention to the situation because that may be classified as harassment.
- We may work with law enforcement, including when we believe that there’s risk of physical harm or threat to public safety.
Thank you for helping us create one of the best communities in the world,
The Driftr Team
- If you use Driftr to communicate or administer a promotion (ex: a contest or sweepstakes), you are responsible for the lawful operation of that promotion, including:
- The official rules;
- Offer terms and eligibility requirements (ex: age and residency restrictions); and
- Compliance with applicable rules and regulations governing the promotion and all prizes offered (ex: registration and obtaining necessary regulatory approvals)
- You must not inaccurately tag content or encourage users to inaccurately tag content (ex: don’t encourage people to tag themselves in photos if they aren’t in the photo).
- Promotions on Driftr must include the following:
- A complete release of Driftr by each entrant or participant.
- Acknowledgement that the promotion is in no way sponsored, endorsed or administered by, or associated with, Driftr.
- We will not assist you in the administration of your promotion and cannot advise you on whether consent is required for use of user content or on how to obtain any necessary consent.
- You agree that if you use our service to administer your promotion, you do so at your own risk.