Effective as of August 11, 2023.
You may be a user of the Platform in one of the following contexts:
- in your capacity as an individual (“WeVideo User”);
- via an educational institution such as a school (“Education Services User”); or
- via a business through direct sales channels (“Enterprise Services User”).
If you are an Education Services User or an Enterprise Services User:
NOTICE TO EUROPEAN USERS: Please see the Notice to European Users section for additional information for individuals located in the European Economic Area or United Kingdom (which we refer to as “Europe”, and “European” should be understood accordingly) below.
NOTE REGARDING CHILD USERS: Please see the Children section below for additional information regarding users of the Platform who are under the age of 13 in the U.S.
- Personal information we collect
- How we use your personal information
- How we share your personal information
- Your choices
- Other sites and services
- International data transfers
- How to contact us
- State privacy rights notice
- Notice to European users
- Contact data, such as your first and last name, salutation, email address, billing and mailing addresses, professional title and company name, and phone number.
- Demographic data, such as your city, state, country of residence, postal code, and age.
- Profile data, such as the username and password that you may set to establish an online account on the Platform, date of birth, photograph or picture, links to your profiles on social networks, preferences, and any other information that you add to your account profile.
- Communications data based on our exchanges with you, including when you contact us through the Service, social media, or otherwise.
- Transactional data, such as information relating to or needed to complete your orders on or through the Service, including order numbers and transaction history.
- Payment data needed to complete transactions, including payment card information. Such information is collected and processed directly by our payment processors, as described in further detail below.
- Marketing data, such as your preferences for receiving our marketing communications and details about your engagement with them.
- User-generated content data, such as photos, images, music, videos, works of authorship, comments you make on videos, and other content or information that you generate, transmit, or otherwise make available on the Platform, as well as associated metadata. Metadata includes information on how, when, where and by whom a piece of content was collected and how that content has been formatted or edited, including any video effects used. Metadata also includes information that users can add or can have added to their content, such as keywords, geographical or location information, and other similar data.
- Promotion data, including information you share when you enter a competition, promotion or complete a survey. Please note that if you participate in a sweepstakes, contest or giveaway through the Service, we may ask you for your Contact Data to notify you if you win or not, to verify your identity, determine your eligibility, and/or to send you prizes. In some situations, we may need additional information as a part of the entry process, such as a prize selection choice. These sweepstakes and contests are voluntary. We recommend that you read the rules and other relevant information for each sweepstakes and contest that you enter.
Public sources, such as public records, social media platforms, and other publicly available sources.
Private sources, such as data providers, social media platforms and data licensors.
Marketing partners, such as joint marketing partners and event co-sponsors.
Third-party services, such as social media services, that you use to log into, or otherwise link to, your Service account – including Google, Office 365, Facebook, Apple, and Yahoo. This data may include your username, profile picture and other information associated with your account on that third-party service that is made available to us based on your account settings on that service.
- Device data, such as your computer or mobile device’s operating system type and version, manufacturer and model, browser type, screen resolution, RAM and disk size, CPU usage, device type (e.g., phone, tablet), IP address, unique identifiers (including identifiers used for advertising purposes), language settings, mobile device carrier, radio/network information (e.g., Wi-Fi, LTE, 3G), and general non-precise location information such as city, state or geographic area.
- Online activity data, such as pages or screens you viewed, how long you spent on a page or screen, the website you visited before browsing to the Site, navigation paths between pages or screens, information about your activity on a page or screen, access times and duration of access, and whether you have opened our emails or clicked links within them.
- Communication interaction data, such as your interactions with our email, text or other communications (e.g., whether you open and/or forward emails) – we may do this through use of pixel tags (which are also known as clear GIFs), which may be embedded invisibly in our emails.
- Cookies, which are small text files that websites store on user devices and that allow web servers to record users’ web browsing activities and remember their submissions, preferences, and login status as they navigate a site. Cookies used on our sites include both “session cookies” that are deleted when a session ends, “persistent cookies” that remain longer, “first party” cookies that we place and “third party” cookies that our third-party business partners and service providers place.
- Local storage technologies, like HTML5, that provide cookie-equivalent functionality but can store larger amounts of data on your device outside of your browser in connection with specific applications.
- Web beacons, also known as pixel tags or clear GIFs, which are used to demonstrate that a webpage or email was accessed or opened, or that certain content was viewed or clicked.
- Session-replay technologies, that employ software code to log users’ interactions with the Service in a manner that allows us to watch video replays of those user sessions. The replays include users’ clicks, mobile app touches, mouse movements, scrolls and keystrokes/key touches during those sessions. These replays help us diagnose usability problems and identify areas for improvement.
Data about others. You may submit personal information about others to the Platform (e.g., video or audio of another person). We may also offer features that help users invite their friends or contacts to use the Platform, and we may collect contact details about these invitees so we can deliver their invitations. Please do not submit personal information about others to or on our Platform unless you have their permission to do so.How we use your personal information
We may use your personal information for the following purposes or as otherwise described at the time of collection:Service delivery and operations. We may use your personal information to:
- provide, operate and improve the Service and our business (e.g., processing the terms you search for in order to return content that you can use on the Platform);
- personalize the Platform (e.g., remembering your selections and preferences as you navigate the Platform, and suggest related content to help you improve your creative process);
- establish and maintain your user profile on the Platform;
- facilitate your invitations to friends who you want to invite to join the Platform;
- facilitate social features of the Service, such as by identifying and suggesting connections with other users of the Service;
- enable security features of the Service, such as by sending you security codes via email or SMS, and remembering devices from which you have previously logged-in;
- communicate with you about the Service, including by sending Service-related announcements, updates, security alerts, and support and administrative messages;
- communicate with you about events or contests in which you participate;
- understand your needs and interests, and personalize your experience with the Service and our communications; and
- provide support for the Platform, and respond to your requests, questions and feedback.
- dispute resolution services, including when acting as an Independent Recourse Mechanism (“IRM”) under the EU-U.S Data Privacy Framework, the UK extension to the EU-U.S. Data Privacy Framework, and/or the Swiss-U.S. Data Privacy Framework (collectively, the “DPF”)
Direct marketing. We may send you direct marketing communications and may personalize these messages based on your needs and interests. You may opt-out of our marketing communications as described in the Opt-out of marketing section below.
- administer promotions and contests;
- communicate with you about promotions or contests in which you participate; and
- contact or market to you after collecting your personal information at an event
comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas, investigations or requests from government authorities;
protect our, your or others’ rights, privacy, safety or property (including by making and defending legal claims);
audit our internal processes for compliance with legal and contractual requirements or our internal policies;
enforce the terms and conditions that govern the Service; and
prevent, identify, investigate and deter fraudulent, harmful, unauthorized, unethical or illegal activity, including cyberattacks and identity theft.
Affiliates. Our corporate parent, subsidiaries, and affiliates.
Service providers. Third parties that provide services on our behalf or help us operate the Service or our business (such as hosting, information technology, customer support, email delivery, marketing, consumer research and website analytics).
Payment processors. Any payment card information you use to make a purchase on the Service is collected and processed directly by our payment processors, such as:
Advertising partners. Third-party advertising companies for the interest-based advertising purposes described above.
Third parties designated by you. We may share your personal information with third parties where you have instructed us or provided your consent to do so. We will share personal information that is needed for these other companies to provide the services that you have requested.
Business and marketing partners. Third parties with whom we co-sponsor events or promotions, with whom we jointly offer products or services, or whose products or services may be of interest to you.
Professional advisors. Professional advisors, such as lawyers, auditors, bankers and insurers, where necessary in the course of the professional services that they render to us.
Authorities and others. Law enforcement, government authorities, and private parties, as we believe in good faith to be necessary or appropriate for the Compliance and protection purposes described above.
Business transferees. We may disclose personal information in the context of actual or prospective business transactions (e.g., investments in WeVideo, financing of WeVideo, public stock offerings, or the sale, transfer or merger of all or part of our business, assets or shares), for example, we may need to share certain personal information with prospective counterparties and their advisers. We may also disclose your personal information to an acquirer, successor, or assignee of WeVideo as part of any merger, acquisition, sale of assets, or similar transaction, and/or in the event of an insolvency, bankruptcy, or receivership in which personal information is transferred to one or more third parties as one of our business assets.
Other users and the public. Your profile and other user-generated content data (except for messages) may be visible to other users of the Platform. For example, other users of the Platform may have access to your information if you chose to make your profile or other personal information available to them through the Platform, such as when you publish content, provide comments, reviews, survey responses, or share other content. This information can be seen, collected and used by others, including being cached, copied, screen captured or stored elsewhere by others (e.g., search engines), and we are not responsible for any such use of this information.Retention We generally retain personal information to fulfill the purposes for which we collected it, including for the purposes of satisfying any legal, accounting, or reporting requirements, to establish or defend legal claims, or for fraud prevention purposes. To determine the appropriate retention period for personal information, we may consider factors such as the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements.
When we no longer require the personal information we have collected about you, we may either delete it, anonymize, aggregate or deidentify it, or isolate it from further processing.Your choices
In this section, we describe the rights and choices available to all users. Users who are located in Europe can find additional information about their rights below. In order to exercise your choices, follow the instructions in ‘Account settings’ or contact us.Access or update your information. If you have registered for an account with us through the Platform, you may review and update certain account information by logging into the account. Opt-out of communications. You may opt-out of marketing-related emails by following the opt-out or unsubscribe instructions at the bottom of the email, following the instructions in ‘Account settings’, or by contacting us. Please note that if you choose to opt-out of marketing-related emails, you may continue to receive service-related and other non-marketing emails. Blocking images/clear gifs: Most browsers and devices allow you to configure your device to prevent images from loading. To do this, follow the instructions in your particular browser or device settings. Privacy settings. We make available certain privacy settings on the Platform, including options to control our use of your personal information for analytics purposes. [Advertising choices. You may be able to limit use of your information for interest-based advertising through the following settings/options/tools:
Browser settings. Changing your internet web browser settings to block third-party cookies.
Privacy browsers/plug-ins. Using privacy browsers and/or ad-blocking browser plug-ins that let you block tracking technologies.
Platform settings. Google and Facebook offer opt-out features that let you opt-out of use of your information for interest-based advertising. You may be able to exercise that option at the following websites:
Ad industry tools. Opting out of interest-based ads from companies that participate in the following industry opt-out programs:
Network Advertising Initiative: http://www.networkadvertising.org/managing/opt_out.asp
Digital Advertising Alliance: optout.aboutads.info.
AppChoices mobile app, available at https://www.youradchoices.com/appchoices, which will allow you to opt-out of interest-based ads in mobile apps served by participating members of the Digital Advertising Alliance.
Mobile settings. Using your mobile device settings to limit use of the advertising ID associated with your mobile device for interest-based advertising purposes.
You will need to apply these opt-out settings on each device and browser from which you wish to limit the use of your information for interest-based advertising purposes.
We cannot offer any assurances as to whether the companies we work with participate in the opt-out programs described above.]Do Not Track. Some Internet browsers may be configured to send “Do Not Track” signals to the online services that you visit. We currently do not respond to “Do Not Track” or similar signals. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com. Declining to provide information. We need to collect personal information to provide certain services. If you do not provide the information we identify as required or mandatory, we may not be able to provide those services. Linked third-party platforms. If you choose to connect to the Platform through your social media account or other third-party platform, you may be able to use your settings in your account with that platform to limit the information we receive from it. If you revoke our ability to access information from a third-party platform, that choice will not apply to information that we have already received from that third party.
Delete your content or close your account. You can choose to delete certain content through your account. If you wish to request to close your account, please go to ‘Manage personal data’ in ‘Account settings’.Other sites and services The Service may contain links to websites, mobile applications, and other online services operated by third parties. In addition, our content may be integrated into web pages or other online services that are not associated with us. These links and integrations are not an endorsement of, or representation that we are affiliated with, any third party. We do not control websites, mobile applications or online services operated by third parties, and we are not responsible for their actions. We encourage you to read the privacy policies of the other websites, mobile applications and online services you use. Security We employ technical, organizational and physical safeguards designed to protect the personal information we collect. However, security risk is inherent in all internet and information technologies and we cannot guarantee the security of your personal information. For more details, please see our Security page. International data transfer We are headquartered in the United States and may use service providers that operate in other countries. Your personal information may be transferred to the United States or other locations where privacy laws may not be as protective as those in your state, province, or country.
Users in Europe should read the important information provided below about transfer of personal information outside of Europe.Children Aside from the Education Services, the Platform is not intended for users under the age of 13 (“Child User”). Where we know there is a Child User, we will either prevent registration or obtain a parent’s or legal guardian’s consent as explained below:
WeVideo Users: We do not knowingly allow Child Users to register as WeVideo Users. If we become aware that a Child User has registered for the Platform, we will comply with applicable legal requirements to delete their information. If you are a parent or guardian who believes your child has registered for an account without your consent, you may ask us to delete such information by contacting us at firstname.lastname@example.org. ; or
Education Services Users: if you are a Child User who is also an Education Services User, then:
if you are based in the U.S.: your education institution provides consent on behalf of your parent or legal guardian; and
if you are based outside the U.S.: your teacher must first obtain your parent’s or legal guardian’s consent. If your teacher creates a student account for you without your parent first signing a consent form, please inform your parent immediately so that they can instruct us to remove your information from our files.
If you are a parent or guardian of a Child User from whom you believe we have collected personal information in a manner prohibited by law, please contact us, and if your Child User is an Education Services User, please also contact the Child User’s education institution. If we learn that we have collected personal information through the Platform or other Service from a Child User without the consent of the Child User’s parent or guardian as required by law, we will comply with applicable legal requirements to delete the information.
Parents may withdraw consent upon request. Where the Child User is an Education Services User, parents and legal guardians can request deletion of their Child User’s information by contacting the Child User’s education institution.
How does a Child User access the Platform?
- WeVideo Users: Child Users are not allowed to register as WeVideo Users.
- Education Services Users: Child Users who are Education Services Users cannot access the Platform without first being invited by their education institution.
What information about Child Users is visible to others?
Where the Child User is an Education Services User, the education institution may opt to post Child User videos publicly on the Platform along with the Child User’s name. Parents and legal guardians can review and access their Child User’s personal information by contacting the Child User’s education institution.
A Note about FERPA (where applicable):
- Email: email@example.com
- Mail: WeVideo, Inc., 1975 W El Camino Real #202, Mountain View CA 94040
- Phone: +1 (650) 800-3400
Our GDPR Representatives. We have appointed the following representatives in Europe as required by the GDPR – you can also contact them directly should you wish:
Our Representative in the EU. Our EU representative appointed under the EU GDPR is [insert]. You can contact them:
Cort Adelers gate 30
Our Representative in the UK. Our UK representative appointed under the UK GDPR is [insert]. You can contact them:
Cort Adelers gate 30
- Where we need to perform a contract, we are about to enter into or have entered into with you (“Contractual Necessity”).
- Where it is necessary for our legitimate interests and your interests and fundamental rights do not override those interests (“Legitimate Interests”). More detail about the specific legitimate interests pursued in respect of each Purpose we use your personal information for is set out in the table below.
- Where we need to comply with a legal or regulatory obligation (“Compliance with Law”).
We have set out below, in a table format, the legal bases we rely on in respect of the relevant Purposes for which we use your personal information – for more information on these Purposes and the data types involved, see ‘How we use your personal information’
Categories of personal information involved
Service delivery and operations
Research and development
Events, promotions and contests
Service improvement and analytics
Compliance and protection
To create aggregated, de-identified and/or anonymized data
No Automated Decision-Making and Profiling. As part of the Service, we do not engage in automated decision-making and/or profiling, which produces legal or similarly significant effects.
Your rightsGeneral. European data protection laws give you certain rights regarding your personal information. If you are located in Europe, you may ask us to take the following actions in relation to your personal information that we hold:
- Access. Provide you with information about our processing of your personal information and give you access to your personal information.
- Correct. Update or correct inaccuracies in your personal information.
- Delete. Delete your personal information where there is no good reason for us continuing to process it - you also have the right to ask us to delete or remove your personal information where you have exercised your right to object to processing (see below).
- Transfer. Transfer a machine-readable copy of your personal information to you or a third party of your choice.
- Restrict. Restrict the processing of your personal information, for example if you want us to establish its accuracy or the reason for processing it.
- Object. Object to our processing of your personal information where we are relying on Legitimate Interests – you also have the right to object where we are processing your personal information for direct marketing purposes.
- Withdraw Consent. When we use your personal information based on your consent, you have the right to withdraw that consent at any time. If we have received your personal information in reliance on our certification(s) under the DPF, you may also have the right to opt out of having your personal information shared with third parties and to revoke your consent to our sharing your personal information with third parties.
Exercising These Rights. You may submit these requests by email to firstname.lastname@example.org or our postal address provided above, or go to ‘Manage personal data’ in ‘Account settings’. We may request specific information from you to help us confirm your identity and process your request. Whether or not we are required to fulfill any request you make will depend on a number of factors (e.g., why and how we are processing your personal information), if we reject any request you may make (whether in whole or in part) we will let you know our grounds for doing so at the time, subject to any legal restrictions.
Your Right to Lodge a Complaint with your Supervisory Authority. In addition to your rights outlined above, if you are not satisfied with our response to a request you make, or how we process your personal information, you can make a complaint to the data protection regulator in your habitual place of residence.
- For users in the European Economic Area – the contact information for the data protection regulator in your place of residence can be found here: https://edpb.europa.eu/about-edpb/board/members_en
- For users in the UK – the contact information for the UK data protection regulator is below:
The Information Commissioner’s Office
Water Lane, Wycliffe House
Wilmslow - Cheshire SK9 5AF
Tel. +44 303 123 1113
Data Processing outside Europe
We are a U.S.-based company and many of our service providers, advisers, partners or other recipients of data are also based in the U.S. This means that, if you use the Service, your personal information will necessarily be accessed and processed in the U.S. It may also be provided to recipients in other countries outside Europe.
It is important to note that that the US is not the subject of an ‘adequacy decision’ under the GDPR – basically, this means that the U.S. legal regime is not considered by relevant European bodies to provide an adequate level of protection for personal information, which is equivalent to that provided by relevant European laws.
Where we share your personal information with third parties who are based outside Europe, we try to ensure a similar degree of protection is afforded to it by making sure one of the following mechanisms is implemented:
- Transfers to territories with an adequacy decision. We may transfer your personal information to countries or territories whose laws have been deemed to provide an adequate level of protection for personal information by the European Commission or UK Government (as and where applicable) (from time to time).
- Transfers to territories without an adequacy decision.
- we may use specific appropriate safeguards, which are designed to give personal information effectively the same protection it has in Europe – for example, standard-form contracts approved by relevant authorize for this purpose; or
- in limited circumstances, we may rely on an exception, or ‘derogation’, which permits us to transfer your personal information to such country despite the absence of an ‘adequacy decision’ or ‘appropriate safeguards’ – for example, reliance on your explicit consent to that transfer.
- We may transfer your personal information to countries or territories whose laws have not been deemed to provide such an adequate level of protection (e.g., the U.S., see above).
- However, in these cases:
You may contact us if you want further information on the specific mechanism used by us when transferring your personal information out of Europe.
In compliance with the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF, WeVideo commits to cooperate and comply respectively with the advice of the panel established by the EU data protection authorities (DPAs) and the UK Information Commissioner’s Office (ICO) and the Swiss Federal Data Protection and Information Commissioner (FDPIC) with regard to unresolved complaints concerning our handling of personal data received in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF.
WeVideo shall remain liable under the DPF Principles if it processes personal information to third parties in a manner inconsistent with the DPF Principles, unless the organization proves that it is not responsible for the event giving rise to the damage.
Under certain conditions, you may have the right to require that we enter into binding arbitration with you under the DPF’s “Recourse, Enforcement and Liability Principle” and Annex I of the DPF.
WeVideo is also subject to the investigatory and enforcement powers of the US Federal Trade Commission.