Picdmo Inc.

Privacy Policy

Picdmo Inc., a Delaware corporation, (“Picdmo”) collects information from individuals (each a “User”) using “Picdmo™”, a mobile software application, (the “Application”) and Picdmo’s website located at www.picdmo.ai (the “Site”). Picdmo respects the privacy of each User, and this policy sets forth, among other things, how Picdmo protects, discloses, modifies and uses information collected from a User.

1. Acceptance

Each User should review this policy carefully, and be sure he or she understands it, prior to using the Application or the Site. Use of the Application or the Site is deemed to be User’s acceptance of this policy. If User does not accept this policy, User should not use, and should immediately terminate User’s use of, the Application and the Site. For purposes of this Section, accessing the Site only to review this policy is not deemed to be use of the Site.

2. Information

In this policy:

(a) “Analytical Information” means all Non-Personal Information collected by Picdmo, either directly or through a third party acting on behalf of Picdmo, using cookies, server log files and other tracking technology (including, but not limited to, (i) the search terms, the Internet service provider and the browser used by User, (ii) the access date and time, connection speed, language, location, manufacturer, and operating system of User’s computer, and (iii) whether or not User opens e-mail messages and other electronic communications from Picdmo, and if User so, when they were opened);

(b) “Collected Information” means all (i) Personal Information and (ii) Non-Personal Information;

(c) “Non-Personal Information” means all information that is collected by or on behalf of Picdmo through (i) the Application or the Site, (ii) e-mail messages and other electronic communications that User sends to Picdmo, and (iii) other sources in the ordinary course of Picdmo’s business, and that is not Personal Information; and

(d) “Personal Information” means all information that is collected by or on behalf of Picdmo through (i) the Application or the Site, (ii) e-mail messages and other electronic communications that User sends to Picdmo, and (iii) other sources in the ordinary course of Picdmo’s business, and that identifies, or can be used in conjunction with other readilyaccessible information to identify, an individual.

3. Collected Information

All Collected Information is voluntarily obtained by Picdmo from User, except for any Collected Information obtained automatically through the Application or the Site as set forth in this policy. Regardless of the method used to obtain Collected Information, Picdmo will collect and retain Personal Information on the primary and backup files of Picdmo (or a third party acting on its behalf) only to the extent consistent with the purposes for which it is provided by User, and for Picdmo’s other legitimate business purposes (including, but not limited to, marketing), unless such collection or retention is prohibited under any privacy or data security law applicable to Picdmo. User is responsible for obtaining any approvals, authorizations, consents, permissions and permits, and for making all filings and giving all notices, that are reasonably required in connection with User’s providing Picdmo with any Collected Information (including, but not limited to, any Collected Information relating to a third party).

4. Choice

User may refuse to provide any additional information to Picdmo at any time by
terminating User’s use of the Application and the Site, or by notifying Picdmo at
[email protected]. If User refuses to provide any Collected Information when
requested to do so by the Application or the Site, User may not be able to use the
Application or the Site, or certain features of the Application or the Site.

5. Electronic Communications

User consents to Picdmo’s sending e-mail messages and other electronic communications to User (a) in connection with User’s use of the Application or the Site, (b) in the ordinary course of Picdmo’s business, or (c) for any other legitimate business purpose (including, but not limited to, marketing). Since Picdmo endeavors to send e-mail messages and other electronic communications only to individuals desiring to receive them, User can unsubscribe to receiving e-mail messages or other electronic communications from Picdmo at any time by sending notice to Picdmo at [email protected] or following any directions contained in such e-mail messages or other electronic communications. Any request to unsubscribe to e-mail or other electronic communications will usually be effective within five business days after User’s request is received by Picdmo.

6. Analytical Information

When User accesses the Application or the Site, Picdmo or a third party designated by Picdmo will collect Analytical Information. In cases where Picdmo uses a third party to collect Analytical Information, User may want to consider how such third party uses
Analytical Information. The identity of any third party designated by Picdmo to collect Analytical Information will be disclosed to User if User submits a request therefor at [email protected]. Picdmo recommends that User review the privacy policies or
practices of such third parties.

Analytical Information will only be used by Picdmo (a) to record use of the Site by User and third parties, (b) to diagnose problems with the Site, (c) to improve the Site and make the Site more useful to User and third parties, and (d) for other legitimate business purposes of Picdmo (including, but not limited to, marketing). User’s browser may provide User with the ability to not accept cookies, as well as the ability to delete already-existing cookies. If User refuses, or deletes previously-existing, cookies, User may not be able to use the Site, or certain features of the Site.

7. Security

Picdmo will protect Personal Information from loss, theft and unauthorized access, destruction, disclosure, modification and use as required by all privacy and data security laws applicable to Picdmo; provided, however, that, except as provided in the immediately following sentence, Picdmo will, at a minimum, use commercially reasonable administrative and technical efforts to protect Personal Information from loss, theft and unauthorized access, destruction, disclosure, modification and use. Certain Personal Information posted by User in the Application or on the Site may be accessible to other users of the Application or the Site, and Picdmo is not responsible for protecting such Personal Information from loss, theft or unauthorized access, destruction, disclosure, modification or use. For example, if User participates in a public forum on the Site, any Collected Information disclosed by User when doing so may be available to other users of the Site. Also, since no transmission of information over the Internet or electronic storage of information is completely secure, it is possible that Collected Information could be lost, stolen or accessed, destroyed, disclosed, modified or used without authorization, even if Picdmo uses such reasonable administrative and technical efforts. In using the Application or the Site, and providing Collected Information to Picdmo, User must assume the risk that Collected Information could be lost, stolen or accessed, destroyed, disclosed, modified or used without authorization.

8. Use

All Collected Information may be used by Picdmo for any legitimate business purpose, unless prohibited by any privacy and data security law applicable to Picdmo. If Picdmo expressly states in this policy or in another writing that any Collected Information will only be used for a specific purpose, Picdmo will only use it for such purpose, unless User subsequently consents to its being used for another purpose.

9. Disclosures

Any Collected Information obtained by Picdmo may be disclosed to third parties designated by Picdmo (including, but not limited to, any affiliates, distributors, subcontractors or vendors of Picdmo) for any purposes for which Picdmo could use such Collected Information, unless such disclosure is prohibited by any privacy and data security law applicable to Picdmo. For the sake of clarity, Picdmo may at any time, in its sole discretion, disclose any Collected Information to (a) comply with, or as permitted by, any applicable law, (b) respond to any lawful request of a government or public authority, (c) cooperate with law enforcement, and other third parties, in investigating a claim of fraud, illegal activity, infringement of intellectual property rights or other similar causes of action, (d) protect the rights, property or legitimate business interests of Picdmo or a third party, or (e) third parties acquiring all, or substantially all, of Picdmo’s assets and their attorneys, accountants, financial advisers and other representatives. If any Collected Information is disclosed by Picdmo pursuant to this Section, Picdmo will have no responsibility for any action of the third party to whom or which such Collected Information is disclosed, unless provided otherwise in any privacy and data security law applicable to Picdmo.

10. Third-Party Sites

The Application and the Site may contain links to, or be accessible from, websites provided by third parties (individually a “Third-Party Site”). Any use of a Third-Party Site by User will be subject to its terms of use and other provisions, and User is responsible for complying with such terms and other provisions. This policy does not cover the privacy policies or practices of any Third-Party Site, and Picdmo is not responsible for any information User submits to, or otherwise collected by, any Third-Party Site. Picdmo is only responsible as set forth in this policy for Collected Information obtained by it through User’s authorized use of the Application or the Site. User should consult each Third-Party Site for its privacy policy or practice before submitting any information to, or otherwise using, such Third-Party Site.

11. Disclaimer

Picdmo does not represent or warrant (a) that any Collected Information is accurate or error-free, (b) that any Collected Information was provided to Picdmo in compliance with applicable law, (c) that, in providing any Collected Information, User has all approvals, authorizations, consents, permissions, and permits, and has made all filings and given all notices, reasonably required to provide such Collected Information to Picdmo, or (d) otherwise with respect to the Application, the Site or this policy. PICDMO EXPRESSLY DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES.

12. Required Actions

Upon User’s making a request of Picdmo at [email protected], and solely to the extent required by any privacy and data security law applicable to Picdmo, Picdmo will (a) delete Personal Information from its servers (and servers of third parties acting on behalf of Picdmo), (b) grant User access to User’s Personal Information in the possession, or under the control, of Picdmo for the purpose of correcting or deleting such Personal Information, or (c) take any other action with respect to Personal Information of User.

13. Children

Neither the Application nor the Site is intended for children under 13 years of age.
However, if a parent or guardian of a child who is under 13 years of age discovers that Personal Information of such child has been submitted to Picdmo through the use of the Application or the Site without a parent’s or guardian’s consent, Picdmo will use commercially reasonable efforts to remove such information from the Application, the Site and Picdmo’s servers at such parent’s or guardian’s request. To request the removal of such Personal Information, such parent or guardian must contact Picdmo at [email protected], and provide all information requested by Picdmo to assist it in identifying any such Personal Information to be removed.

14. Applicable Law

This policy shall be governed by, and construed and interpreted in accordance with, (a) any applicable privacy and data security law solely to the extent required by such law, and (b) in all other cases, the laws of the state of Florida, without regard to its principles of conflict of laws. If there is any conflict or inconsistency between any provision of this policy and any provision of any applicable law, the latter shall control.

15. Complaints

If User has any claim, complaint or dispute relating to any Collected Information or this policy, User must first submit such claim, complaint or dispute to Picdmo at [email protected], and Picdmo must be given a reasonable opportunity of not less than 30 days to investigate and respond to such claim, complaint or dispute. Upon Picdmo’s completing such investigation and so responding, Picdmo and User must then attempt, in good faith, to promptly resolve any unresolved aspects of such claim, complaint or dispute. If any aspect of such claim, complaint or dispute remains unresolved after an additional reasonable period of time of not less than 30 days, (a) User may only commence an arbitration proceeding against Picdmo in connection with the unresolved portion of such claim, complaint or dispute in Collier County, Florida.

Except for actions to protect intellectual property rights and to enforce an arbitrator’s
decision under this Section, all claims, complaints and disputes arising from, or relating to, any Collected Information or this policy shall be submitted to, and resolved by, arbitration under the consumer or commercial rules of the American Arbitration Association (“AAA”), as applicable, then in effect, except to the extent expressly modified pursuant to this Section. The AAA’s consumer and commercial rules can be found at www.adr.org. In any arbitration pursuant to this Section, there shall be one arbitrator, and such arbitrator shall be chosen by mutual agreement of the parties in accordance with the consumer or commercial rules of the AAA, as applicable. The arbitration shall be conducted by telephone, online or in person, in the sole discretion of the arbitrator, and if the arbitration is to be held in person, it shall take place in Collier County, Florida. All awards and findings of the arbitrator shall be final and binding on the parties, and may be entered in any court of competent jurisdiction for enforcement; provided, however, that all such awards and findings must be consistent with the provisions of this Agreement.

WITHOUT LIMITING THE GENERALITY OF THIS SECTION, AND FOR THE SAKE OF CLARITY, USER WAIVES ANY RIGHT TO (I) A TRIAL BY JURY, (II) COMMENCE, OR PARTICIPATE IN, A CLASS ACTION (OR OTHER SIMILAR) ARBITRATION OR LAWSUIT, AND (III) COMMENCE A LAWSUIT IN CERTAIN CIRCUMSTANCES.

16. Entire Agreement

Except as set forth in this Section, this policy contains the entire agreement, and supersedes all prior oral and written agreements, proposals and understandings, between User and Picdmo with respect to Collected Information and the subject matter of this policy. If User uses the Application or the Site, such use will be subject to this policy, plus any other agreement between the parties that is applicable thereto (including, but not limited to, an End User License Agreement for the Application). If there is any conflict or inconsistency between any provision of this policy and any provision of such other agreement, the former shall control.

17. Severability

Whenever possible, each provision of this policy shall be interpreted to be effective and valid under applicable law. If, however, any such provision shall be prohibited by or invalid under such law, it shall be deemed modified to conform to the minimum requirements of such law, or if for any reason it is not so modified, it shall be prohibited or invalid only to the extent of such prohibition or invalidity without the remainder of such provision, or any other provision of this policy, being prohibited or invalid.

18. Revisions

Picdmo may revise any provision of this policy from time to time by posting the revised provision on the Application and the Site so long as such revision does not conflict with any law applicable to Picdmo. Any such revision will take effect immediately upon such posting, and will apply to all Collected Information obtained by Picdmo after such posting. It is User’s responsibility to periodically check this policy on the Application or the Site for revisions to this policy. The latest version of this policy will always be the one posted on the Application and the Site.

19. Expenses

Except as provided in this policy or any privacy or data security law applicable to Picdmo, User is solely responsible for all fees and disbursements of any attorney or other advisor retained by User in connection with enforcing User’s rights under this policy or any privacy or data security law applicable to Picdmo.

20. Contact Information

If User has any questions, desires additional information, or desires to notify Picdmo of anything, regarding this policy, User should promptly contact Picdmo at [email protected].

Effective Date: May 25, 2023

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