Cookie Policy

• Last Updated: March 2, 2022
• The term “Vmaker” refers to the following:
• - Vmaker’s English language website accessible through the URL https://www.vmaker.com/
• - Vmaker’s other language websites accessible through relevant URLs.
• - Any successor URLs, mobile or localized versions and related domains and subdomains.
• - Vmaker’s video hosting and analytics platform .
• The terms “You”, “Your”, “User” or “Users”, refers to either individuals or organizations registering their credentials to use Vmaker for any legal purposes.
• The terms ``Visitor” or “Visitors' ', refers to either individuals or organizations that access Vmaker website anonymously without logging in or purchasing a subscription on Vmaker.

• Vmaker Cookie Policy:

• Vmaker Cookie Policy applies to all Vmaker websites operated by Animaker Inc. Vmaker Cookie Policy is to help Users feel comfortable about Vmaker and Vmaker using appropriate Cookies for relevant and justifiable reasons.

• Questions on Vmaker’s Cookie Policy:

• If you have a question on Vmaker Cookie Policy, please email us at legal@animaker.com or send a written letter to: Animaker Inc. 1160 BATTERY ST STE 100 SAN FRANCISCO, CA, 94111 USA.

• What is a Cookie?

• A Cookie is a commonly used automated data collection tool. It is a small text file that is placed on the User's computer or device, by websites that the User visits.

• Why Do Most Websites Use Cookies?

• Websites use Cookies in order to make most websites work, or work more efficiently.
• Please note that certain areas of most websites can only be accessed by having the Cookies enabled.
• Disabling Cookies may prevent Users from accessing content and enjoying all the features available on most websites.

• Does Vmaker Use Cookies on its Websites?

• Yes. Vmaker uses Cookies on its Websites.
• All Cookies used in Vmaker have an expiry date. Expiration dates on Cookies used in Vmaker are set in the Cookies themselves.

• What type of cookies does Vmaker have and what are they used for?

• There are many different kinds of cookies, each with unique properties that perform different functions.
• Below is a list of the various types of cookies that Vmaker may use in conjunction with other websites, along with a description of the cookies’ functions to help you understand how we use these cookies.

• a. Essential Cookies

• We use essential cookies to make our Websites work. These cookies are strictly necessary to enable core functionality such as security, network management, your cookie preferences and accessibility. Without them you wouldn't be able to use basic services. You may disable these by changing your browser settings, but this may affect how the Websites function.

• b. Marketing Cookies

• These account-based marketing cookies enable us to identify future prospects and personalize sales and marketing interactions with them.

• c. Analytics and customization cookies

• These cookies collect information that is used to help us understand how our Websites are being used or how effective our marketing campaigns are, or to help us customize our Websites for you.

• What are the Cookie Data collected and processed by Vmaker?

• The IP address of the User’s device is collected. This is the IP address of the User’s device through which they are accessing Vmaker.IP location or the geographic location of the User’s device is collected. This is the IP location or the geographic location of the User’s device through which they are accessing Vmaker.Web Browser language is collected. This is the Web Browser used by the User on their device.

• Can Users Opt-Out of having their Cookie Data collected?

• Yes. Vmaker provides its Users the opportunity to Opt-Out of sharing their Cookie Data. However, if the User decides to Opt-Out, Vmaker will not be able to provide certain services.

• Can Users View Cookie Data collected by Vmaker?

• Yes. Users may email Vmaker at legal@animaker.com , to view Cookie Data collected by Vmaker.

• How does a Vmaker User Get to Manage Cookies?

• Users may restrict, block or remove Cookies, through their computer's web browser settings. However, if a Cookie blocking setting is activated on a User computer's web browser, they may not be able to access certain parts of Vmaker Website or use certain features of Vmaker website. "Help" function within a User computer's web browser may guide them in managing Cookies. User may also visit http://www.aboutCookies.org for more information on how to restrict or manage Cookies across a variety of web browsers. For more information on Cookies on mobile browsers, please refer to mobile device help/manual.

• How does Vmaker use User Cookie Data?

• Vmaker uses Cookie Data to recognize and remember the following:
• Vmaker uses Cookie Data to help save User’s website preferences for future visits.
• Date and time you logged in to Vmaker website
• Your preferred browser language
• Vmaker uses Cookie Data to help save your website preferences for future visits.
• Vmaker uses Cookie Data to compile aggregated data about site traffic and site interactions.
• Vmaker uses Cookie Data to offer better website experiences and tools in the future.

• Does Vmaker share User Cookie Data with any 3rd Party?

• Vmaker has also entered into contracts with such 3rd party providers in order to ensure that the information that is provided regarding Users is kept confidential and secure.

• Do Not Track:

• User’s Web browser may have a “Do Not Track” setting which, when enabled, causes the User’s browser to send a do not track HTTP header file or “signal” to each website User’s visit. At present, Vmaker does not respond to “Do Not Track”.

• Changes to Vmaker Cookie Policy:

• Vmaker reserves the right to change Vmaker Cookie Policy at any time.
• If and when the changes are made, the “Last Edited” date on this page will reflect the same.
• If and when the changes are made, Users will be notified, on this page, by email or through notice on other relevant pages within Vmaker.

Terms of Service

• Last Updated: March 2, 2022
• This Terms of Service (“Terms” or “Agreement”) is an agreement between you (if signing as an individual or the legal entity you represent) ("you," or “Customer,” which term shall mean the user of the Vmaker Services (as defined herein) and shall include such user’s executors, assigns, administrators and legal representatives), a product of Animaker Inc., a Delaware corporation with a principal address of 1160 BATTERY ST STE 100 SAN FRANCISCO, CA, 94111 United States of America ("Vmaker", “us” or “we”) that governs your rights to use the services identified in this Agreement.
• You should read the entire Agreement carefully because all of the terms are important and together create a legal agreement that, once accepted by you, applies to you. By creating an account or using Vmaker services, you represent that you are at least 13 years of age. If you are under the age of majority in your jurisdiction, you represent that your parent(s) or guardian(s) have read, and have agreed to, these Terms of Service.If you are a parent or guardian of users under the age of majority, by allowing your child to use Vmaker’s services, you are subject to the Terms of Service in this agreement, and are responsible for the actions of your child.
• IF YOU DO NOT AGREE TO THESE TERMS, DO NOT SIGN UP AND DO NOT USE THE SERVICES. BY USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND THE TERMS AND CONDITIONS SET FORTH IN OUR PRIVACY POLICY WHICH CAN BE FOUND HERE.
• If you are using Vmaker or creating an account with Vmaker on behalf of a company, entity, or organisation, you represent and warrant that you are an authorized representative of that party with the authority to bind that party to these Terms of Service and to grant licenses set forth herein; and you agree to these Terms of Service on behalf of your party.
• Any new features, tools, or content which are added to the current website will also be subject to the Terms of Service. As we continuously improve and expand our services, these terms of use might change, so please check it periodically. We reserve the right to update, change, remove, or replace any part of these Terms by posting updates and/or changes to our website at any time. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

• 1. Definitions

• 1.1 "Party" or "Parties" shall mean Vmaker or Customer or both, based on the context.
• 1.2 "Agreement", “Terms”, "hereto", "herein", "hereby", "hereunder" and similar expressions refer to these Terms of Service and not to any particular Article, Section or other portion hereof, and include any and every instrument supplemental or ancillary to or in implement hereof.
• 1.3 "Content" shall mean videos, photos, images, audio, music, sounds, graphics, special effects,images, logos, branding, marks and other files, information and content, including, without limitation, flash animation and flash files.
• 1.4 “Customer Content” means Content contributed to the Services by the Customer.
• 1.5“Customer Data” means all Customer registration information and other transaction data collected, processed and retained by Vmaker in connection with providing the Services.
• 1.6 "Feedback" means comments, questions, suggestions or other feedback relating to Services depending on the context.
• 1.7 "Services” shall mean the Vmaker software, content, applications and services, pertaining to our video hosting and screen recording application.
• 1.8"Subscription Plan" shall mean the then-existing subscription plans for use of the Vmaker Services as selected by the Subscriber.
• 1.9 “User” shall mean the person who uses our Services.

• 2. Account

• In order to open an account, you will be asked to provide Vmaker with certain information, including, but not limited to: an account username, password, and email address. You are solely responsible for maintaining the confidentiality of your account and your password, and for restricting access to your computer. You are responsible for any activity on your account. Unless expressly permitted in writing by Vmaker, you may not sell, rent, lease, share, or provide access to your account to anyone else, including without limitation, charging anyone for access to administrative rights on your account. Vmaker reserves all legal rights and remedies to prevent unauthorized use of Vmaker’s services.

• 3. Customer Content and Data

• 3.1. Rights in Customer Data. Customers will have all right, title and interest (including any and all intellectual property rights) in and to the Customer Data and Customer Content as provided to Vmaker. Subject to the terms of this Agreement, Customer hereby grants to Vmaker a non-exclusive, worldwide, royalty-free right to use, copy, store, transmit, modify, create derivative works of and display the Customer Content only to the extent necessary to provide the Services to Customer.
• 3.2. Customer Obligations.
• Customer is responsible for the accuracy, content and legality of all Customer Content. Customer represents and warrants to Vmaker that Customer has all necessary rights, consents and permissions to collect, share and use all Customer Content as contemplated in this Agreement and that it will not violate or infringe (i) any third party intellectual property, publicity, privacy or other rights, (ii) any laws, or (iii) any terms of service, privacy policies or other agreements governing the Customer or Customer's accounts with any third party platforms. Customer acknowledges that Vmaker is a screen recording and video hosting application; therefore Customer is solely responsible for any videos, content or material recorded or hosted on Vmaker platform and Vmaker assumes no liability whatsoever with respect to the same. Customer is to take adequate measures to refrain from posting sensitive information while using the screen recording feature of Vmaker.

• 4. Payment Information

• Vmaker has premium features that can be accessed for a fee or other charge. If you elect to add any premium services to your account, you agree to the pricing and payment schedule listed on the Vmaker website, which may change from time to time. Additionally, Vmaker may add new services or modify existing services for additional fees.
• Any monthly subscription plan that you purchase will not be refundable for the month in which the plan is purchased. All fees are payable in advance. In the event that Vmaker suspends or terminates your account, you understand and agree that you shall receive no refund or exchange of any credits for any unused time or services under your monthly subscription.
• 4.1 Refund
• a. If the service becomes unavailable at any time because of technical problems or there is unreasonable delay in providing access to service, your exclusive and sole remedy is refund of the price paid without any interest.
• b. There shall be no refund for partial months of service, upgrade or unused months.
• c. Prices for all the services offered by Vmaker may change at any time, and the Services do not provide price protection or refunds in the event of a price reduction or promotional offering.

• 5. Licensing

• Vmaker’s services are owned and operated by Vmaker. All Content, information, and other materials on Vmaker’s service platform are protected by relevant intellectual property and proprietary rights and laws. All materials are the property of Vmaker or relevant third party providers. Unless otherwise expressly stated in writing by Vmaker, by agreeing to these Terms of Service, you are granted a limited, non-sub licensable, revocable and non-transferable license to access and use Vmaker’s services. The license serves as a grant of permission by Vmaker to the Customer for the use of the Vmaker platform. Customer acknowledges that it is obtaining only a limited right to the Services and that irrespective of any use of the words "purchase", "sale" or like terms in this Agreement no ownership rights are being conveyed to the Customer under this Agreement. Any use of Vmaker’s services except as specifically authorised in these Terms of Service, without the prior written permission of Vmaker, is strictly prohibited and may violate intellectual property rights or other laws. Vmaker can terminate this license at any time for any reason.

• 6. Prohibited Content

• In addition to the general restrictions in these Terms of Service, the following additional restrictions and conditions apply specifically to your use of Vmaker’s services. Please closely review the prohibited uses below. Your use of the Services means that you assent to and understand these additional terms, and that you will not:
• Violate any law, or encourage or provide instructions to another to do so;
• Violate any contract between user and Vmaker;
• Violate intellectual property rights of any individual, which includes, but is not limited to: copyright, trademark, or patent laws;
• Commit any tort;
• Create any content that is unlawful, an invasion of privacy or publicity rights, harassing, threatening, or abusive;
• Impersonate any person or entity;
• Act in any manner that negatively affects other Users’ ability to use the website, including, but not limited to: deleting, removing, modifying, or circumventing any security-related feature of Vmaker’s services, including: (a) features that prevent or restrict use, or the copying of any content accessible through the Vmaker services, and (b) features that enforce limitation on the use of the Vmaker services, or the copyright or other proprietary rights notices on the Vmaker services;
• Collect or store information of other users;
• Pornography: You will not:
• Post any content that depicts sexual conduct of any person under the age of 18 (child pornography);
• Post any content that depicts sexual content of any person without maintaining written documentation sufficient to confirm that all subjects of your posts are over the age of 18, and have proper consent to use their image and likeness in your content; and
• Post any content depicting underage sexual activity, non-consensual sexual activity, revenge porn, blackmail, intimidation, snuff, torture, death, violence, incest, racial slurs, or hate speech.

• 7. User Comments, Feedback, and Other Submissions

• You acknowledge that you are responsible for any material you may submit via the site or otherwise to us, including the legality, reliability, appropriateness, originality, and copyright of any such material. You may not upload to, distribute, or otherwise publish through the site, or communicate to us, any content that: (i) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable, (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam.”
• If you provide to us any Comments, whether related to the site or otherwise, and you hereby acknowledge and agree that such Comments are not confidential, and that your provision of such Comment is gratuitous, unsolicited and without restriction, and does not place us under any fiduciary or other obligation to you. You agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comment that you forward to us. We are and shall be under no obligation (1) to maintain any Comment in confidence; (2) to pay compensation for any Comment; or (3) to respond to any Comment.
• We may, but have no obligation to, monitor, edit or remove any Comment that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.
• You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Comment. You are solely responsible for any Comment you make, or that is affiliated with your account or username, and its accuracy and lawfulness. We take no responsibility and assume no liability for any Comment posted by you or any third party.

• 8. COPYRIGHT INFRINGEMENT/DMCA NOTICE

• If you believe that any content on our Website or App violates your copyright, and you wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to the Digital Millennium Copyright Act of 1998 (“DMCA Takedown Notice”) must be provided to us.
• Your physical or electronic signature;
• Identification of the copyrighted work(s) that you claim to have been infringed;
• Identification of the material on our Website that you claim is infringing and that you request us to remove;
• Sufficient information to permit us to locate such material;
• Your address, telephone number, and e-mail address;
• A statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
• Please submit your complaint at legal@animaker.com

• 9. Term and Termination:

• This Agreement begins and binds upon you on the day you successfully register with Vmaker and continue till the end of the subscription term, depending upon the Subscription Plan you choose.
• 9.1 RENEWAL If you give a notice of non-renewal of Paid Account to Vmaker, your account will by default be downgraded to Free Account. You must cancel your subscription before it renews in order to avoid billing of subscription fees for the renewal term.
• 9.2 TERMINATION Vmaker may terminate this Agreement at any time if you breach any of the terms and conditions set out in this Agreement without giving prior notice or at any other time in its sole and exclusive discretion as set forth in this Agreement.
• 9.3 EFFECT OF TERMINATION In the event of termination or expiration of this Agreement, you must immediately cease all use of the Vmaker Services. Apart from which, upon termination of your subscription and except for the license to distribute your videos in the manner authorized by your Subscription Plan, all of the licenses granted to you hereunder will terminate. Additionally, Vmaker may, at its option, block your access to the Services and/or delete your content and videos from its Services. The definitions, rights, duties and obligations of all parties to this agreement, will continue and shall survive any termination or expiration of this Agreement.
• 9.4 CANCELLATION BY USER
• Should you wish to terminate this Agreement, you must email your notice of termination to the email address at . In the event of your termination pursuant to this Section, a. this Agreement will terminate at the end of the then-current term; b. you must continue to pay all fees that come due during the remainder of this Agreement.

• 10. Indemnification

• You agree to indemnify, defend, and hold harmless Vmaker from any claims, losses, damages, demands, expenses, costs, and liability arising out of or related to your access, use, or misuse of Vmaker’s services, including but not limited to your violation of any third-party right such as right of privacy, publicity, or Intellectual Property Rights and breach of any terms under this Agreement.

• 11. Disclaimer

• TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) THE VMAKER SERVICES AND THE CONTENT AND MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN “AS IS'' BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING BY VMAKER; (B) VMAKER DISCLAIMS ALL OTHER WARRANTIES, STATUTORY, EXPRESS, OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE VMAKER SERVICES, INCLUDING ANY INFORMATION, CONTENT, OR MATERIALS CONTAINED THEREIN; (C) VMAKER RECOGNIZES THAT CONTENT CREATION COMES IN MANY FORMS, AND THEREFORE DOES NOT REPRESENT OR WARRANT THAT THE CONTENT OR MATERIALS ON THE VMAKER SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE; (D) VMAKER IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO TEXT, PHOTOGRAPHY OR VIDEOS; AND (E) WHILE VMAKER ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE VMAKER SERVICES SAFE, VMAKER CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE VMAKER SERVICES OR OUR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD FROM THE VMAKER WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VMAKER OR THROUGH THE VMAKER SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

• 12. Limitation of Liability

• TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL VMAKER BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE VMAKER’S SERVICES, THE CONTENT OR THE MATERIALS, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM VMAKER, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO VMAKER’S RECORDS, PROGRAMS, OR SERVICES; AND (B) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF VMAKER, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE VMAKER’S SERVICES EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING VMAKER’S SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM. TO THE EXTENT THAT APPLICABLE LAW PROHIBITS LIMITATION OF SUCH LIABILITY, VMAKER SHALL LIMIT ITS LIABILITY TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW.
• YOU SPECIFICALLY ACKNOWLEDGE THAT THE WEBSITE CREATOR AND VMAKER OFFICERS SHALL NOT BE LIABLE FOR CONTENT OR FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD-PARTY, AND THAT ANY REMAINING HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

• 13. Security

• Vmaker is an ISO 27001 certified organisation built to cater to the privacy and security requirements of Companies and Individual Customers. In addition to this, Vmaker agrees to use commercially reasonable technical and organizational measures designed to prevent unauthorized access, use, alteration or disclosure of any Service or Customer Data. However, Vmaker will have no responsibility for errors in transmission, unauthorized third-party access or other causes beyond Vmaker's control.

• 14. Severability

• In the event that any provision of these Terms of is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service Such a determination shall not affect the validity and enforceability of any other remaining provisions.

• 15. Governing Law

• This Agreement shall be governed in accordance with the laws of the State of California, United States of America. All disputes under this Agreement shall be resolved by litigation in the courts of the State of California, United States of America, including the federal courts therein and the Parties all consent to the jurisdiction of such courts, agree to accept service of process by mail, and hereby waive any jurisdictional or venue defenses otherwise available to it.

• 16. Arbitration

• Any and all claims and disputes arising under or relating to this Agreement and/or the Services are to be settled by binding arbitration in the State of California, United States of America. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys' fees. Any such arbitration shall be conducted by an arbitrator experienced in the software services industry and shall include a written record of the arbitration hearing. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. An award of arbitration may be confirmed in a court of competent jurisdiction. No claims and disputes arising under or relating to this provision may be brought by a user more than one (1) year after the event giving rise to the cause of action has occurred or should diligently be discovered. Notwithstanding the foregoing, the parties shall be free to bring a request for injunctive relief before a court of competent jurisdiction in the event of immediate and irreparable harm.

• 17. Waiver.

• The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of that right or provision. Any waiver by us must be obtained through writing and must be signed by all relevant parties in order to be effective.

• 18.Confidentiality

• You hereby acknowledge and agree that all information, written and oral, concerning Vmaker’s Services furnished from time to time to you is provided on a confidential basis. You further acknowledge and agree that you will not disclose such information, other than where such disclosure is required by law or where such information is already available to the public other than as a result of disclosure by Vmaker, to anyone other than Vmaker's officers, directors, employees, legal counsel, accountants, or authorized agents or advisors, who will agree in writing to be bound by the provisions of this Section.

• 19. Force Majeure.

• We shall not be bound to meet any obligation if prevented from doing so as a consequence of acts of God or force majeure, including but not limited to measures taken or imposed by any government or public authority or in case of any other event beyond the control of us, including but not limited to natural disasters (such as storm, hurricane, fire, flood, earthquake), war, civil unrest, terrorist activities, states of emergency, government sanctions, embargoes, nationalizations, strikes and breakdowns of public utilities (such as of electricity or telecommunication services). We shall use all reasonable efforts to notify you of the circumstances causing the delay and to resume performance as soon as possible, both without undue delay.

• 20. Right to engage subcontractors, agents and third parties.

• Vmaker may engage subcontractors, agents and or any third party consultants and permit them to exercise the rights granted herein, to provide the Services under this Agreement. However it is understood that Vmaker will be responsible for compliance of all terms and conditions and performance of obligations under this Agreement.

• 21. Contact Information

• If you have any questions about these Terms of Service, please email us at legal@animaker.com.

Privacy Policy

• Last Updated: March 2, 2022
• By visiting Vmaker.com, creating an account on the website, or by using any of Vmaker’s services, you are accepting the practices described in this Privacy Policy, to the extent permitted by law. If you do not accept the practices described in this privacy policy, you should not use Vmaker.com or its services.
• Welcome to Vmaker’s Privacy Policy. This policy applies to your use of the Vmaker.com website, and any other websites, applications, or services provided, owned, or operated by Vmaker (also referred to herein as “We” or “Us”). Vmaker is a technology product of Animaker Inc., which was created for the purpose of allowing Users (or, “You”) to create design graphics for business or personal use on social media platforms, or on the Users’ own websites.
• For the purposes of data protection laws, Animaker Inc.,a corporation located at 1160 BATTERY ST STE 100 , SAN FRANCISCO, CA, 94111, is the “data controller” of the information which may be collected in connection with Vmaker’s services.
• Table of Contents:

  1. 01. Personal Information Vmaker Collects About You
  2. 02. Why Vmaker Collects Personal Information
  3. 03. Disclosure of Personal Information
  4. 04. Account Closure and Deletion
  5. 05. Retention of Information
  6. 06. Securing Your Information
  7. 07. Children’s Privacy
  8. 08. Changes and Updates to Privacy Policy
  9. 09. California Privacy Disclosures
  10. 10. Nevada Privacy Disclosures
  11. 11. European Privacy Disclosures
  12. 12. EU -US Data Privacy Program Framework
  13. 13. How to Contact Us
  14. 14. YouTube Publish

• 1. Personal Information Vmaker Collects About You

• Vmaker will collect certain information about you directly from you and from third parties.
• • User-provided Information:Vmaker will collect certain information that you provide us when you create an account or correspond with us. This information includes, but is not limited to, your first and last names, username, birthday, phone number, email address, and billing information. In addition, we will collect any messages you send us through any means of communication. Further, we may collect information you provide while posting content on Vmaker.com and any other websites, applications, or services provided, owned, or operated by Vmaker. If you do not provide any of your personal information to us, your access to and experience of using Vmaker.com may not be the same as it otherwise might be.
  • Information from Third Parties:Vmaker may receive information from third parties. For example, if you link your Facebook account to Vmaker, Vmaker may receive information from Facebook that you have permitted Facebook to share. Before linking your account, review and adjust your privacy settings on third-party websites. Vmaker may also receive information about your engagement with advertisements from our ad servers, networks, and social media platforms.
  • Automatically-Collected Information:When you access Vmaker.com, we automatically record and store certain information about your system by using cookies and other types of technologies. Cookies are small text files containing a string of alphanumeric characters that are sent to your browser. Information that the cookies collect may include your IP address, unique user ID, device and browser types, software and system type, and information about your usage of Vmaker. Vmaker will use both “essential” and “non-essential” cookies to operate the Vmaker website. Examples of the function of essential cookies include preventing Users from needing to log in each time the User accesses a new page on the Vmaker website. Non-essential cookies are used by various third parties that help Vmaker function properly. Non-essential cookies may include marketing or advertising companies that help promote Vmaker. You may control your cookie settings through your web browser but note that Vmaker may not be fully functional if cookies are disabled.

• 2. Why Vmaker Collects Personal Information

• We collect your information for the benefit of both Vmaker and you. In order to comply with various rules and regulations, we must obtain your consent before we may collect your information.
• We use the information collected to provide security for the website; to manage relationships with Vmaker account holders; to improve your experience through content recommendations and the delivery of relevant content to you; to prevent fraud and abuse; and to understand your usage trends on the Vmaker platform. If you do not opt-in, some features, such as content recommendations, may not be provided, or will not be accurate to reflect your preferences.
• We may use your email address or phone number to notify you regarding major updates to policies, for customer service purposes, or for content that may be flagged for any reason by us. We may also use your email address or phone number to promote Vmaker features and for other promotional offers. We will also use your physical address, email, and credit card number to verify transactional purchases on Vmaker.com. We may use your contact information to provide customer service.
• In certain cases, we have a legal obligation to collect and process your information. For example, we will use or disclose your information at the reasonable request of law enforcement, court order, or to protect the rights of Vmaker or other users.
• We will always seek consent to process personal information for a specific purpose, and that consent may be revoked at any time.
• We will rely on legal grounds to process personal information to the extent permitted by applicable law. We will also rely on our terms and conditions in processing personal information.

• 3. Disclosure of Personal Information

• We may disclose your information for the purpose of enhancing the features of the website and your overall experience. Some of our services include recommendations and suggestions for the content that you may want, such as vendor options in our marketplace module.
• We may disclose your information if we have a good-faith belief that such disclosure is necessary to comply with relevant state and federal laws, or other applicable laws around the world.
• We reserve the right to disclose information that we believe is appropriate or necessary to protect Vmaker from potential liability, fraudulent use, the defense of Vmaker from third-party claims, the protection of the security of the website services, or to protect the rights of Vmaker and its users.
• We partner with third parties to assist with certain functions. We may share your information with third parties but only to the extent reasonably necessary for the third party to carry out certain functions. These functions may include, but are not limited to, billing, customer support, security, analytics, and advertising.
• Any content that you voluntarily disclose by posting on Vmaker.com becomes available to the public. If you remove content that you have posted, copies will remain viewable in cached and archived pages.

• 4. Account Closure and Deletion

• You may delete your account at any time. If you want to delete your account and information, you can delete your account by clicking the “Delete Account” button located within you “My Account” page, or by emailing Vmaker at . Please Note: Vmaker may retain some information described in this Privacy Policy to comply with applicable laws after your account has been deleted from the website. Please read our “Retention of Information” section for information about why Vmaker retains some information after an account has been deleted.

• 5. Retention of Information

• Vmaker may retain the data it collects for a certain period of time, depending on the purposes for which it was collected, and as described in this Privacy Policy. In addition, Vmaker will retain information necessary to support Vmaker, improve website functionality, comply with legal obligations, resolve disputes, and any content posted by Users during their use of Vmaker. Your information will be stored and processed in the United States and any other country in which Animaker, Inc. or its subsidiaries, affiliates, or service providers maintain facilities.

• 6. Securing your Information

• We take all appropriate preventive steps to preserve the security of all information that we collect and retain. These preventive steps include requiring a unique password and username. However, we cannot guarantee that the information on Vmaker will not be accessed, disclosed, altered, or destroyed. We are not responsible for the security measures of any third party. In the event that information under our control is compromised, we will take steps necessary to investigate the situation. We may notify you if your information has been compromised.

• 7. Children’s Privacy

• IF YOU ARE UNDER 13 YEARS OF AGE, DO NOT USE OR ACCESS VMAKER AT ANY TIME OR IN ANY MANNER.
• We will comply with laws to protect children and minors, as defined under the United States Children’s Online Privacy Protection Act (COPPA). We will also comply with all state and federal regulations that protect minors. If we learn that we have collected personal information of unauthorized users under the age of 13, we will take the appropriate steps to remove such an account and any associated information.
• If you are a parent or guardian who believes that Vmaker has inadvertently collected information from a user under 13 years of age, please email us at legal@animaker.com

• 8. Changes and Updates to Privacy Policy

• We reserve the right to change, modify, add, or remove portions of this Privacy Policy at any time (examples include changes to the law or by the suggestion of legal counsel). Please check this Privacy Policy periodically for such changes. Any changes made to this Privacy Policy will be reflected by a note at the top of the Policy that denotes the last date of change. Further, we will send all users an email notifying them of any substantial changes made to the Privacy Policy. Continued use of Vmaker’s services after such notification assumes your consent and binding acceptance to such changes.

• 9. California Privacy Disclosures

• California state law requires additional compliance with privacy laws in the form of the California Consumer Privacy Act (CCPA) and the California “Shine the Light” Law. It is important for California residents to know their rights when using Vmaker.
• Under California’s “Shine the Light” disclosure requirements, Vmaker does not share Users’ personal information with third parties for Vmaker’s own marketing or promotional purposes.
• California residents are allowed to request Vmaker to disclose (1) any personal information that is collected, and (2) what is done with the information collected. California residents are also allowed to request that Vmaker delete the information collected and to not sell the information. Vmaker will not sell any personal information to any third-party entity and will only share personal information in compliance with state and federal laws.
• Right to data portability: You may have the right to receive the Personal Data concerning you, which you have provided to us, in a structured, commonly used and machine-readable format or to transmit this data to another controller. To exercise this right, you may contact us at any time at legal@animaker.com
• You may also request information about Vmaker’s collection of your personal information, or the deletion of your personal information. Please contact Vmaker to request any relevant information about the collection or deletion of personal information.
• Vmaker will not discriminate against any User if the User chooses to exercise their rights under the CCPA. None of Vmaker’s Privacy Policy terms will ask a User to waive his/her/its privacy rights, and any such contract provision is unenforceable.

• SUPPLEMENTAL PRIVACY NOTICE FOR CALIFORNIA RESIDENTS

• This Privacy Notice for California Residents supplements the information contained in the Vmaker.com Privacy Policy (above) and applies only to California residents.

• Personal Information Collection and Purposes of Use

• We collect and use information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, to you or your devices when you visit this website, provide us your personal information, or have a contractual or business relationship with us or any of our affiliates, (“Personal Information”). Such Personal Information includes direct identifiers like a name, postal address, email address, social security number or other government identifier, and indirect identifiers that may identify, relate to, or be associated with a particular individual, such as a telephone number, device identifier, IP address and browsing history, credit card information, or inferences about consumer preferences or characteristics.
• • We collect this Personal Information for the following purposes:
  • to respond to your inquiries and to fulfill your requests;
  • to send you important information regarding our relationship with you or regarding this website, changes to our terms, conditions, and policies and/or other administrative information;
  • for audits, to verify that our internal processes function as intended and are compliant with legal, regulatory, or contractual requirements;
  • for fraud or crime prevention, and for technical security monitoring purposes;
  • to facilitate the development of new products and services;
  • to enhance, improve or modify our website or products and services;
  • for data analysis that will allow us to understand website usage trends;
  • to determine the effectiveness of our promotional campaigns, so that we can adapt our campaigns to the needs and interests of our users;
  • to better understand you, so that we can personalize our interactions with you and provide you with information and/or offers tailored to your interests;

• Our Personal Information Handling Practices in 2021

• In the preceding 12 months, we have collected the following categories of Personal Information from California residents who have visited this website, provided us their Personal Information, or had or have a contractual or business relationship with us or any of our affiliates:
• Direct identifiers as described above;
• Indirect identifiers as described above.
• • We have collected such Personal Information from one or more of the following categories of sources:
  • Information that you submit or share directly with us, through registrations, surveys, applications, or telephone calls, and email and postal communications;
  • Information passively collected from cookies and other website analytics;
  • Information collected through third parties or from your browsing activity on other sites, such as on social media platforms, and public databases;
  • From one or more of our affiliates with which you have a business relationship;
  • Service providers with which we have a contractual relationship and to which you have provided your Personal Information.
• We collected such Personal Information for the purposes noted above (see “Personal Information Collection and Purposes of Use”) and in the Vmaker.com Privacy:
• • We may have shared such Personal Information with the following categories of third parties:
  • Service providers that help us to run our business, such as call centers and order fulfillment and distribution companies, credit card processing companies, web hosting and development companies, and direct marketing agencies.
  • Vendors that help us track the effectiveness of advertisements on our Sites.
  • Vendors that help us to provide you with program, services, or educational information we believe may be of interest to you.
  • third parties with which we jointly market a product.
  • Affiliates and subsidiaries that may have or may want to seek a business relationship with you.
• • We collected one or more of the following specific pieces of personal information:
  • Legal name, nickname, signature, email address, postal address, social security number, date of birth, driver’s license number, physical characteristics or description, educational level, current employment or employment history, biometric information, and/or geolocation data.
  • Account name, bank account number, credit card number, debit card number, or any other financial information, medical information and/or health insurance information.
  • Online identifier, Internet Protocol address, Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an Internet Web site, application, or advertisement.
• Unless specifically stated, we do not share, disclose or sell personal information to third parties for their own use, but we do share your personal information with our affiliates and trusted partners in arrangements that may meet the broad definition of “sale” under California law. In these arrangements, use of the information we share is limited by policies, contracts, or similar restrictions.

• Your Privacy Rights

• You have the following rights regarding our collection and use of your personal information. To exercise those rights, you must submit a request by email at legal@animaker.com. We may ask you to provide additional information to verify your request. We may not discriminate against you if you exercise your rights as described in this notice. For example, we may not deny goods or services to you, or charge you different prices or rates, or provide a different level of quality of products or services.

• Right to Information

• You have the right to request the following information regarding the personal information we have collected about you:
• • Categories of personal information collected about you, and sources from which collected;
  • Our purpose for collecting personal information;
  • Categories of third parties with which the personal information was shared; and
  • Specific pieces of personal information collected about consumers.
• You have the right to request the following information regarding the personal information we have sold or disclosed about you:
• • Categories of your personal information sold in the preceding 12 months;
  • Categories of third parties to whom your personal information has been disclosed;
  • Categories of personal information that we disclosed about consumers for a business purpose.

• Right to Opt Out of Sharing, Disclosure, or Sale of Personal Information

• You have the right to direct us to not share, disclose, or sell your personal information.

• Right to Request Deletion

• You have the right to request that we delete the personal information we have about you. However, we are not required to delete information if it is necessary to retain your information to:
• • Complete the transaction for which the personal information was collected, provide a good or service requested by you, or a transaction reasonably anticipated within the context of our or one of our affiliate’s ongoing business relationship with you, or to otherwise perform a contract we have with you.
  • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for that activity.
  • Debug to identify and repair errors that impair existing intended functionality.
  • Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law.
  • Comply with the California Electronic Communications Privacy Act pursuant to Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code.
  • Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when deletion of the information is likely to render impossible or seriously impact the achievement of such research, if you have provided informed consent.
  • Facilitate solely internal uses that are reasonably aligned with your expectations based on your relationship with us or one of our affiliates.
  • Comply with a legal obligation.
  • Otherwise use the personal information, internally, in a lawful manner that is compatible with the context in which it was provided.
• Virginia and California users of Vmaker have the following additional rights under Virginia Consumer Data Protection Act and California Privacy Rights Act (CPRA, effective 1 January 2023) respectively:
1. a. Right to access personal information that Animaker has;
2. b. Right to delete personal information;
3. c. Right to correct personal information which may not be accurate;
4. d. Right to opt out of sale of personal information;
5. e. Opt out of the "sharing" of personal information for cross-context behavioral advertising.
• You may send your requests (i) to legal@animaker.com, (ii) by phone at our toll-free number +1 888-359-9292, or (iii) by writing to us at Privacy Officer, Animaker Inc., 1160 Battery Street Suite 100, San Francisco, CA 94111, USA.
• Virginia users may opt out of having their personal data used for targeted advertising.Virginia users may also appeal a refusal to take action on a request by contacting us at legal @animaker.com.You may also opt-out of the sale or sharing of your personal information, by clicking on the link “Do Not Sell or Share My Personal Information” on the footer of the website.

• 10. Nevada Privacy Disclosures

• The new SB 220 amendment under Nevada state law governs the sale or exchange of personal information for monetary consideration. Vmaker does not, and will not, sell or exchange Users’ personal information. All Users are automatically set to “opt-out” of having their information sold. If Vmaker chooses to change this policy at a later date, it will notify all Users through email notification. In such instance, all Users will still default to the “opt-out” choice.
• Summary: If you are a Nevada user, you have consumer rights specifically tailored to Nevada.

• SUPPLEMENTAL PRIVACY NOTICE FOR NEVADA RESIDENTS

• This Supplemental Privacy Notice for Nevada Residents adds to the information contained in the Vmaker.com Privacy Policy (above), and applies only to Nevada residents.

• Personal Information Collection and Purposes of Use

• We collect certain personal information of Nevada consumers through our Internet websites or other online service. This information includes one or more of the following elements of personally identifiable information:
• • A first and last name.
  • A home or other physical address that includes the name of a street and the name of a city or town.
  • An electronic mail address.
  • A telephone number.
  • A Social Security Number.
  • An identifier that allows a specific person to be contacted either physically or online.
  • Any other information concerning a person collected from the person through the Internet website or online service of the operator and maintained by the operator in combination with an identifier in a form that makes the information personally identifiable.
• We collect this personal information for the following purposes:
• • to respond to your inquiries and to fulfill your requests;
  • to send you important information regarding our relationship with you or regarding this website, changes to our terms, conditions, and policies and/or other administrative information;
  • for audits, to verify that our internal processes function as intended and are compliant with legal, regulatory, or contractual requirements;
  • for fraud or crime prevention, and for technical security monitoring purposes;
  • to facilitate the development of new products and services;
  • to enhance, improve or modify our website or products and services;
  • for data analysis that will allow us to understand website usage trends;
  • to determine the effectiveness of our promotional campaigns, so that we can adapt our campaigns to the needs and interests of our users.
  • to better understand you, so that we can personalize our interactions with you and provide you with information and/or offers tailored to your interests.

• Right to access and/or correct your personal information, or opt out of sale of personal information

• If you would like to review, correct, or update your personal information, you or your authorized representative may submit your request via email at legal@animaker.com. We will respond to your verified request as soon as reasonably practicable, but no later than sixty (60) days after receipt. If circumstances cause any delay in our response, you will be promptly notified and provided a date for our response.
• We generally do not disclose or share personal information for profit. Under Nevada law, you have the right to direct us to not sell or license your personal information to third parties. To exercise this right, if applicable, you or your authorized representative may submit a request via email to legal@animaker.com. We will respond to your verified request as soon as reasonably practicable, but no later than sixty (60) days after receipt. If circumstances cause any delay in our response, you will be promptly notified and provided a date for our response.

• Contact Us

• You can contact us with questions about this Privacy Notice for Nevada Residents or to exercise your rights as described in this Notice at legal@animaker.com.

• 11. European Privacy Disclosures

• The General Data Protection Regulation (GDPR) and the ePrivacy Directive require each User’s informed, specific, clear, and affirmative action consent for the website to use non-essential cookies. Our Privacy Policy and Cookie Policy will always be displayed the first time you access our website and will request User consent for Vmaker to use these non-essential cookies. For more information on the types of non-essential cookies that Vmaker uses, please carefully read through our Cookie Policy linked here
• The GDPR applies to all EU organizations that handle personal data. The GDPR also applies to organizations outside the EU that offer goods or services to individuals in the EU. This represents a territorial expansion of the pre-GDPR regime.

• What Data is Covered by the GDPR?

• The GDPR applies to personal data and special categories of personal data, i.e., sensitive personal data. The GDPR's definition of personal data is more detailed and expansive than in the pre-GDPR regime, e.g.:
• A wide range of personal identifiers (such as IP address) can constitute personal data;
• The GDPR applies to automated personal data and manual filing systems where personal data are accessible according to specific criteria—this could include chronologically ordered sets of manual records;
• Personal data that has been pseudonymized (e.g., key-coded) can fall within the scope of the GDPR.
• The GDPR applies to the processing of personal data:
• Wholly or partly by automated means (e.g., personal data held in electronic form on a computer or other such device) –or–
• Other than by automated means, where that personal data forms part of, or is intended to form part of, a filing system (e.g., this could include chronologically ordered sets of manual records containing personal data).
• However, despite its potentially wide material scope, the GDPR does not apply to:
• Anonymous data. This includes data “which does not relate to an identified or identifiable natural person” or “personal data rendered anonymous in such a manner that the data subject is not or no longer identifiable.”
• Data relating to deceased persons. Member States are permitted to provide their own rules relating to the processing of personal data of deceased individuals.
• Data relating to legal persons. This includes the name, form, and contact details of a company or another legal entity, which might have a legal personality separate to its owners or directors, does not constitute personal data and does not fall within the scope of the GDPR.
• Personal data contained within files or sets of files which are not structured according to specific criteria (e.g., manual/physical files which do not, and are not intended to, form part of a filing system).
• The processing of personal data in the course of an activity which falls outside the scope of EU law. This includes activities involving national security, or immigration issues relating to third-country nationals on humanitarian grounds.
• The processing of personal data by Member States when carrying out activities in relation to the common foreign and security policy of the EU.
• The processing of personal data by an individual for purely personal or household activities with no connection to a professional or commercial activity.
• The processing of personal data by competent authorities for the purposes of the prevention, investigation, detection, or prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against and the prevention of threats to public security.
• The processing of personal data by EU institutions, bodies, offices and agencies.

• Where Your Personal Information is Held

• Information may be held at our offices and those of our affiliated companies, third-party agencies, service providers, representatives, and agents; any of which may be based outside the European Economic Area. For more information, including on how we safeguard your personal information when this occurs, see below: “Transferring your personal information out of the EEA.”

• How Long Your Personal Information Will Be Kept

• We will keep your personal information while you have an account with us or while we are providing products and/or services to you. Thereafter, we will keep your personal information for as long as is necessary:
• To respond to any questions, complaints, or claims made by you or on your behalf;
• To show that we treated you fairly;
• To keep records required by law.
• We will not retain your personal information for longer than necessary for the purposes set out in this policy. Different retention periods may apply for different types of personal information.

• Transferring Your Personal Information Out of the EEA

• To deliver services to you, it is sometimes necessary for us to share your personal information outside the European Economic Area (EEA), for example:
• With our offices outside the EEA;
• With your and our service providers located outside the EEA;
• If you are based outside the EEA;
• These transfers are subject to special rules under European and UK data protection law.
• If you would like further information, please contact us (see ‘How to contact us' below).

• Rights of the Data Subject

• As noted above, the GDPR provides for new and extended data subject rights. These are set out in Chapter 3 of the GDPR, Regulation (EU) 2016/679, GDPR and they include:
• The right to be informed (Articles 13 and 14);
• The right of access (Article 15) is the right to be provided with a copy of your personal information;
• The right of rectification (Article 16) is the right to require us to correct any mistakes in your personal information;
• The right to erasure, also known as the "right to be forgotten" (Article 17) is the right to require us to delete your personal information—in certain situations;
• The right to restrict processing (Article 18) is the right to require us to restrict processing of your personal information—in certain circumstances, e.g. if you contest the accuracy of the data;
• The right to data portability (Article 20) is the right to receive the personal information you provided to us, in a structured, commonly used and machine-readable format and/or transmit that data to a third party—in certain situations;
• The right to object (Article 21) —at any time to your personal information being processed for direct marketing (including profiling)—in certain other situations to our continued processing of your personal information, e.g. processing carried out for the purpose of our legitimate interests;
• The right to not to be subject to automated individual decision-making (Article 22) is the right not to be subject to a decision based solely on automated processing (including profiling) that produces legal effects concerning you or similarly significantly affects you.
• All of these rights are underpinned by Article 12 of the GDPR, which sets out general rules on transparency which are applicable to, among other things, the provision of information to data subjects and communications with data subjects concerning the exercise of their rights.
• For further information on each of those rights, including the circumstances in which they apply, see the Guidance from the UK Information Commissioner's Office (ICO) on individuals’ rights under the General Data Protection Regulation.
• If you would like to exercise any of those rights, please:
• Email—see below: “How to contact us” –and–
• Let us have enough information to identify you (e.g., your full name, address and customer or matter reference number);
• Let us have proof of your identity and address (a copy of your driving license or passport and a recent utility or credit card bill);
• Let us know what right you want to exercise and the information to which your request relates.

• 12. EU -US Data Privacy Program Framework

• Vmaker complies with the EU-U.S. Data Privacy program Framework (EU-U.S. DPF) and the Swiss-U.S. Data Privacy program Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce. Animaker has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework program Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union in reliance on the EU-U.S. DPF. Vmaker has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework program Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF. If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern. To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit https://www.dataprivacyframework.gov/.

• Complaints:

• In compliance with the EU-US Data Privacy Framework Principles, Vmaker commits to resolve complaints about your privacy and our collection or use of your personal information transferred to the United States pursuant to the DPF Principles. European Union and Swiss individuals with DPF inquiries or complaints should first contact
• Vmaker at legal@animaker.com
• or at our mailing address,
• Name: Loganathan Kodiyarasu
• Title: Chief Operating Officer
• Company: Animaker, Inc.
• Address: 1160 Battery Street Suite 100, San Francisco, CA 94111, USA.
• Email: logu@animaker.com
• Phone: 1 628-209-0678
• Vmaker has further committed to refer unresolved privacy complaints under the DPF Principles to an independent dispute resolution mechanism, Data Privacy Framework Services, operated by BBB National Programs. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit https://bbbprograms.org/programs/all-programs/dpf-consumers/ProcessForConsumers for more information and to file a complaint. This service is provided free of charge to you.
• If your DPF complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not resolved by other redress mechanisms. See https://www.dataprivacyframework.gov/s/article/G-Arbitration-Procedures-dpf?tabset-35584=2

• 13. How to Contact Us

• If you have any questions about our Privacy Policy, please email us at legal@animaker.com.

• 14. YouTube Publish

• YouTube Schedule/Publish option in Vmaker is implemented as per the Youtube Data API Client application. To publish or schedule videos from Vmaker directly into the user's YouTube account, a google account, as well as a Youtube channel is mandatory. During the process, the users need to give permission to the API client access to manage the user’s YouTube Channel. The use of the API Client is governed by Youtube's Terms of Service (ToS) and Google's Privacy Policy and Google API Services User Data Policies. Vmaker may collect names, email addresses, access tokens and video engagement data to provide you with the best service and product experience. All the above-collected information is permitted and applicable by law. Vmaker will not share this data with any AI models or any other third parties under any condition. Users can disconnect their YouTube channel from Vmaker and revoke the API client’s access to their data via the Google security settings page at https://security.google.com/settings/.

FAQ

Data Policy

• About Vmaker:

• Animaker, Inc. is a Delaware corporation.

• The term “Vmaker” refers to the following:
• - Vmaker English language website accessible through the URL https://www.vmaker.com
• - Vmaker’s other language websites accessible through relevant URLs.
• - Any successor URLs, mobile or localized versions and related domains and subdomains.
• - Vmaker’s Do-It-Yourself Visual Content Creation Platform.
• The terms “You”, “Your”, “User” or “Users”, refers to either individuals or organizations registering their credentials to use Vmaker for any legal purposes.
• The terms “Visitor” or “Visitors”, refers to either individuals or organizations that access Vmaker website anonymously without logging in or purchasing a subscription on Vmaker.
• Note: To know more on Vmaker’s other language websites, Users and Visitors may mouseover on the Globe icon located on the top right corner on the homepage of Vmaker English website, accessible through the URL https://www.vmaker.com. On mouseover, Users and Visitors will see a dropdown down list of URLs of Vmaker’s other language websites.

• Vmaker Data Policy:

• Vmaker Data Policy applies to all Vmaker websites operated by Animaker Inc.
• Vmaker Data Policy is to share information with Vmaker Users on User Data Collection and Management.
• Vmaker Data Policy applies solely to User Data collected by Vmaker.
• Vmaker is not responsible for privacy policies and legal terms of service of 3rd party Websites, even if they are affiliated with Vmaker through a partnership or otherwise.
• Vmaker encourages Users to familiarize themselves with the privacy policies and legal terms of such 3rd party Websites to determine how they handle Data, that they collect on their own, with or without any assistance from Vmaker.
• Vmaker contain features that enable Users to post reviews, comments or other content that is publicly viewable. Users should be aware that any Data that they submit as part of these posts can be read, collected, or used by other Users or Visitors to Vmaker, and could be used to send unsolicited messages to Users.
• Vmaker may also contain links to 3rd party Websites. Vmaker is not responsible for User Data chosen by the User to publicly post on 3rd party Websites, other than Vmaker.
• Please be aware that Vmaker may not be able to warn Users, when they choose to click through to visit other Websites, while using Vmaker.

• Questions on Vmaker’s Data Policy:

  If you have a question on Vmaker Data Policy, please email us at hola@vmaker.com or send a written letter to: Animaker Inc. 3260, Hillview Avenue, Palo Alto, CA 94304, USA.

• User Cookie Data:

  For more on User Cookie Data, please review Vmaker's Cookie Policy..

• User Payment Data:

• 1. How is User Payment Data Collected?

• Vmaker collects User Payment Data as and when Users subscribe to any of the paid plans offered by Vmaker using the following services:
• 1. Payment Page when upgrading to paid plans.
• 2. Existing users may change their payment data by accessing the Payment Tab within User’s My Plan Page.

• 2. How does Vmaker obtain Consent from User?

• Exclusive consent (Opt-In) is obtained prior to Users sharing their Payment Data with Vmaker.

• 3. Can Users Opt-Out of having their Payment Data collected?

• Yes. Vmaker provides Users the opportunity to “Opt-Out” of having their Payment Data collected. However, User Payment Data is mandatory to pay for any paid subscriptions and use Vmaker’s paid Vmaker.

• 4. Can Users View or Edit their Payment Data?

• Yes. User may view their Payment Data shared with Vmaker, any time. User may use the editing features available to edit their Payment Data.

• 5. How does Vmaker use User Payment Data?

• When Users pay for any of the Vmaker paid subscription plans, Vmaker shares the User’s online Payment (Credit Card/Debit Card) with its payment processing partner, Braintree Payment Gateway (“Braintree”).

• 6. What is Braintree Payment Gateway?

• Braintree helps businesses accept and process online payments. Braintree processes User Payment Data through their Braintree Checkout service. Please click here to access Braintree’s Websites: https://www.braintreepayments.com

• 7. How does Braintree store the User Payment Data?

• Braintree stores User Payment Data partially based on Payment Card Industry (PCI) compliance. Braintree commits to complying with the Payment Card Industry Data Security Standard (PCI-DSS) and using industry standard security.

• Please click here to access Braintree’s Terms of Service: https://www.braintreepayments.com/legal

• Please click here to access Braintree’s Privacy Policy: https://www.paypal.com/webapps/mpp/ua/privacy-ful

• 8. How does Vmaker protect User Payment Data?

• Sensitive User Data like CVV numbers are encrypted in transit using industry-standard Transport Layer Security (TLS) encryption technology.
• However, no method of transmission over the Internet, method of electronic storage or other security methods are one hundred percent secure.
• Therefore, while Vmaker strives to protect User Payment Data, Vmaker cannot guarantee its absolute security.

• User's Personally Identifiable Information, referred to as User PII:

  The following PII is voluntarily shared by the User with Vmaker:

• 1. First and Last Name

• 2. Home Address

• 3. Work Telephone Number

• 4. Websites/Blog URLs

• 5. Industry

• 6. Organization

• 1. How is User PII collected?

• Users share their PII with Vmaker through a Data collection form, when they register to use Vmaker. User PII is also collected, when Users voluntarily provide their PII via email or via Vmaker’s messaging platforms.

• 2. How does Vmaker obtain Consent from User?

• Exclusive consent (Opt-In) is obtained prior to Users voluntarily sharing their PII with Vmaker. None of the User PII is mandatorily collected from Users.

• 3. Can Users Opt-Out of having their PII collected?

• Yes. Vmaker provides Users the opportunity to “Opt-Out” of having their PII collected. It is not mandatory. However, it should be noted, that if Users Opt-Out, Vmaker may not be able to provide certain services.

• 4. Can Users View, Edit or Remove User PII?

• Yes. User may view their PII shared with Vmaker, any time. User may use the editing features available to edit or remove their PII, any time.

• 5. How does Vmaker use User PII?

• Vmaker uses User PII to provide, maintain and improve its Animaker, Including to operate certain features and functionality of Vmaker.

• Vmaker remembers an User accessing Vmaker using their previously shared PII, so that the User does not have to re-enter it every time during their visits. Vmaker uses User PII to process and respond to User inquiries and deliver high quality Vmaker. Vmaker uses User PII to communicate directly with Users, including by sending newsletters, promotions and special offers on new products and Vmaker.

• 6. How does Vmaker protect User PII?

• User Data is protected in a secured manner using industry-standard Transport Layer Security (TLS) encryption technology. However, no method of transmission over the Internet, method of electronic storage or other security methods are one hundred percent secure. Therefore, while Vmaker strives to protect User Data, Vmaker cannot guarantee its absolute security.

• 7. Does Vmaker share User PII with any 3rd Party?

• Yes. Vmaker shares Cookie Data with certain trusted 3rd party providers who provide a range of services including: Website Performance Improvement Services, User Support Services, Billing Services, Cloud Hosting Solutions, and Analytics Services. As part of the provision of their services to Vmaker, Vmaker may transfer some of User’s necessary information to them, for them to perform such service. Vmaker has also entered into contracts with such 3rd party providers in order to ensure that the information that is provided regarding Users is kept confidential and secure.

• 8. How does Vmaker store all User Data?

• Data is hosted with data centers qualified by global IT standards and regulations. All personal data is stored and transferred in compliance with applicable global regulations. User authentication and profile data is collected and processed within Amazon Web Services(AWS). These services comply with recommended global security standards, and have necessary measures instituted for the protection of data.

• Changes to Vmaker Data Policy:

  Vmaker reserves the right to change Vmaker Data Policy at any time.
• If and when the changes are made, the “Last Edited” date on this page will reflect the same.
• If and when the changes are made, Users will be notified, on this page, by email or through notice on other relevant pages within Vmaker.

• Effective : March 7, 2024
• By using Vmaker's AI features, you acknowledge and agree to abide by these Terms and not to generate any harmful content. Violation of these Terms may result in the suspension or termination of your Vmaker account. For any inquiries or to report violations, please contact us at help@animaker.com

• 1. Genuine content:

• Accounts that indulge in harmful or deceptive activities, such as using automated processes, impersonation, false, misleading, or inaccurate information, or schemes to increase account engagement, may be disabled.

• 2. Third party content

• Creating content that violates the copyright, trademark, privacy or other rights of any third party is strictly prohibited. This includes creation and usage of third party's brand logo, uploading content copyrighted by third parties or using a third party's personal information in violation of their privacy or data protection rights.
• If you feel that your content may potentially violate third party rights, you may seek independent legal advice.
• If you believe that any content violates your copyright, and you wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to the Digital Millennium Copyright Act of 1998 (“DMCA Takedown Notice”)) at legal@animaker.com

• 3. Prohibited usage:

• Vmaker’s AI features may not be used to create the following content:
1. Graphic nudity or pornographic content
2. Hateful or extremely insulting material
3. Gore or graphic violence
4. Threats, exaltation, or encouragement of violence
5. Illegal products or activities
6. Self-injury or encouraging self-harm
7. Nudity or sexually explicit images of children
8. Violent acts or terrorism
9. Distribution of false, dishonest, or deceitful material
10. Distribution of personally identifiable information
11. Providing unauthorized medical advice/interpretation
12. To generate any automated decision process
13. Exploitation of any vulnerable/ sensitive group of people
14. Any other illegal or unlawful content
• Any material exploiting minors may be reported to the National Center of Missing & Exploited Children (NCMEC).
• Reporting of any violations can be done by contacting us at legal@animaker.com

• 4. Content origin

• We recommend that you publish details regarding content created with AI features to indicate that it was created using AI.

• 5. Commercial Use:

• Content created through the Vmaker AI features may be used commercially depending upon the respective plan.

• 6. Enforcement and Further Information:

• Vmaker may take action on user accounts for content or behavior that violates these Terms and report them to relevant authorities.
• You further agree that output generated by Vmaker AI may not always be accurate, and Vmaker cannot always assess its accuracy, completeness or reliability.You are further advised to take independent advice on the accuracy of the output. You are solely responsible for the content created using Vmaker AI and Vmaker expressly disclaims any liability with respect to the same.
• Thank you for choosing Vmaker AI.