Privacy Policy

Last Modified: October 28, 2024

Thank you for choosing VideoMagic! This Privacy Policy (this "Privacy Policy") of VideoMagic International LLC ("we," "our," or "us") is an agreement that describes your rights and responsibilities as our customer.

More specifically, this Privacy Policy governs how you may access and use: (i) videomagic.ai, its subdomains, and (ii) any application or website where these Privacy Policy are posted and (iii) our plug ins, mobile applications, other downloadable apps, application programming interfaces ("APIs"), and (iv) tools and documentation, collectively our "Services" or "Videomagic".

VideoMagic International (also "Videomagic", "we," "our," or "us") has prepared this Privacy Policy to help you understand our practices with respect to the collection, use, and disclosure of information we collect from you through: (i) videomagic.ai, its subdomains, and any other website where Videomagic's Terms of Service are posted; (ii) Videomagic's online hosted services; and (iii) Videomagic's “Software,” meaning, collectively, mobile applications, other downloadable apps, application programming interfaces ("APIs"), and tools and documentation (i) through collectively, our "Service" or "Videomagic".

1. What Information We Collect and How

The data we collect about you is what you have provided to us, including your name, cell number, address, etc. We collect this information from you when you:

• Create or register an account, or administer your account
• Input, post, or upload information, data, or other content through the Service
• Submit questions, requests, or other communications to us via various communication channels
• Contact us for customer support or technical support
• Visit any of our websites or download any of our applications
• Participate in promotions, user conferences, webinars, demonstrations, contests, sweepstakes, surveys, or other marketing events
• Participate in research activities
• Interact with other Videomagic users and guests on our community forums
• Integrate third-party products and services with your Videomagic account

We also collect information about you from our business partners, including referral partners and resellers, and third parties that help us with sales and marketing efforts, such as prospecting. We may also obtain publicly available business contact information.

Depending on how you interact with the Service, we may collect, or process on behalf you, the following categories of personal data when you use or interact with our products and services

a. Your Content

"Content" includes all information, data, and other content, in any form or medium, that is collected, downloaded, or otherwise received, directly or indirectly, from you (or on your behalf) by or through the Service. It also includes information you provide when connecting a third-party account, product, or service to the Service. You (and anyone who can interact with your use of the Service) own and control the nature of any Content, subject to any applicable terms and conditions including our Terms of Service and this Privacy Policy. Our collection, use, and disclosure practices with respect to Content are distinct from those with respect to other sorts of information, as explained in this Privacy Policy.

b. Customer Information

"Customer Information" consists of information related to your access or use of our Service, the creation of accounts, or that otherwise identifies you as a customer or end user of the Service. Customer Information includes:

• Identifiers. This includes your name, mailing address, email address, postal code, telephone number, and other similar identifiers.
• Customer Records. This includes username and password, payment information, company name, job title, business email address, and department.
• Protected Classification Characteristics. This includes age and gender.
• Commercial Information. This includes information about products or services purchased, obtained or considered.
• Internet/Network Activity Information. This includes your browsing history, log and analytics data, information about the device(s) used to access the Service, domain server, search history and information regarding your interaction with our Service, and other usage data.
• Audio/Visual Information. This includes pictures you provide or upload in connection with our Service, and the content and audio or video recordings of phone or video calls between you and us that we record where permitted by law.
• Profession/Employment Information. This includes your current employer, title, and location.
• Other Personal Information.. This includes personal information you provide to us in relation to a survey, comment, question, request, or inquiry, and information you provide when you connect a third-party account, product or service to the Service.
• Inferences. This includes inferring your location using your IP address or using data from your use of our Service to make predictions about your preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

If you are an end user using the Service through an account created on your behalf by a Videomagic customer (such as an employer, an organization of which you are a member, or another individual), we may collect and process Customer Information about you on behalf of the Videomagic customer with whom your use of the Service is associated.

c. Third-Party Integrations

If you create your account using a service provided by a third party such as Google or Apple, or a single- sign-on service provided by a third party such as Okta, we may collect Customer Information about you from the third-party service (such as your username or user ID associated with that third-party service). If you create your account using such a third-party service, or if you give us permission by changing the settings on your Videomagic account, we may also collect, and you authorize us to collect, information about your personal contacts as may be stored within that third-party service, which we may use to facilitate your invitation of collaborators to Videomagic. By choosing to create an account using a third- party service, you also authorize us to collect Customer Information necessary to authenticate your account with the third party.

Certain aspects of Videomagic may allow you to link or integrate third-party products and services to enable certain features and functionalities with Videomagic. For example, you can connect your Google Drive account to generate Content in Videomagic from information and data contained in your Google Drive or integrate with third-party services using Videomagic extensions. If you choose to use these features or functionalities, you may be asked to create an account with a third party that provides such features or functionalities or link your existing third-party service account with Videomagic (and, by doing so, agree to the privacy policy and/or terms and conditions of that third party). You may also be asked to authorize Videomagic to collect information from the third party on your behalf. We will then collect information (such as your username or user ID associated with that third-party service) from you and/or that third party as necessary to enable Videomagic to access your data and content stored with that third- party service. Once the authentication is complete, we have the ability to access information you provided to us or was otherwise collected by the third-party service in accordance with the privacy practices of that third party. We will store the information and data we collect and associate it with your Videomagic account, and we will use that information and data to enable the integration of Videomagic with the third- party service and to perform actions requested or initiated by you, or that are reasonably necessary to carry out instructions provided by you.

Notwithstanding the foregoing, Google Workspace APIs are not used to develop, improve, or train generalized AI and/or ML models.

d. Automatically Collected Information

We collect information about how you use Videomagic and your actions on Videomagic, including your IP addresses, browser types, operating systems, ISPs, platform types, device types, and mobile device identifiers such as make and model, and mobile carrier. We may also use tools, including third-party tools, to collect analytics data. Some of this information is collected through the use of cookies and other tracking technologies, such as web beacons, pixels, session replay scripts, and similar technologies.

2. How We Use the Information We Collect

a. Use of Content

Notwithstanding anything to the contrary in this Privacy Policy, we will not sell your data nor use or access your Content except: to provide, maintain, improve, or optimize use of Videomagic; where you (or the organization through which you have an account) explicitly approve access (e.g., during a customer support inquiry); in response to lawful requests by law enforcement or government authorities; in response to subpoenas, court orders, or other legal process or requests, as required by applicable law as determined in our discretion; where necessary (in our sole discretion) to ensure the stability and security of Videomagic and our systems (e.g., where we have reason to believe specific Content is degrading server stability); and where necessary (in our sole discretion) to protect the rights, privacy, safety, or property of you, us, or others. Notwithstanding the foregoing, you acknowledge and agree that we may retain, take possession of, delete, or deny you access to your Content if we believe, in our sole discretion, that some or all of your Content, or your use of Videomagic, violates our Terms of Service. We also may analyze metadata related to Content (such as total number of records, file size, API volume, access logs, etc.).

b. Use of Other Information

We use the information we collect for a variety of purposes, and how we use it depends on what we collect and which Service (or features of the Service) you use. These purposes may include:

• Fulfilling our Contract with You and Providing the Services to You. This includes use for the purpose of: (i) responding to requests or inquiries from you; (ii) providing customer support or technical assistance; (iii) contacting you to provide product updates or information about products you have requested or purchased; (iv) creating, managing, or administering your information and account, including identifying you with your account or the account of an Videomagic customer; and (v) auditing relating to interactions, transactions, and other compliance activities.
• Analyzing and Improving our Services. This includes use for the purpose of: (i) ways to improve the Service, and performing other business analysis or research; (ii) customizing existing and future product offerings and other aspects of the Service to you and other users; (iii) securing the Service and our systems, and protecting your information and data; (iv) detecting security incidents and protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity; and (v) measuring interest in and engagement with our Service and short-term, transient use, such as contextual customization of ads.
• Marketing Our Products and Services. This includes use for the purpose of: (i) tailoring and providing you with information about Videomagic products, services, and events that you may be interested in, including by email or phone, (ii) monitoring the performance of our advertisements and marketing efforts, and (iii) communicating with you about your engagement with our Service.
• Legal Obligations and Rights. This includes use for the purpose of: (i) establishing, exercising, investigating, prosecuting, or defending against legal claims; (ii) complying with laws or responding to lawful requests and legal process; (iii) protecting the rights and property of Videomagic, our agents, customers, and others, including to enforce our agreements, policies, or Terms of Service; (iv) detecting, suppressing, or preventing fraud; (v) protecting the health and safety of Videomagic, our customers, or any person; or (vi) fulfilling other requirements under applicable law.
• Consent. This includes use for other purposes that are clearly disclosed to you at the time you provide personal information, or with your consent.
• Aggregated or De-Identified Data. This includes use of aggregated or de-identified information for a wide variety of statistical, analytical, and Service improvement purposes. The aggregation or de-identification process prevents the information from being reassociated or identified with any one customer account, user, or individual.
• Other Purposes. This includes use for our other, legitimate business purposes, or as permitted by applicable law.

All other uses of Google user data are prohibited, including any of the following reasons:

• Targeted advertising
• Selling to data brokers
• Providing to information resellers
• Determining creditworthiness
• Lending purposes
• User advertisements
• Personalized advertisements
• Retargeted advertisements
• Interest-based advertisements
• Creating databases
• Training AI models

3. How We Disclose Information

We do not transfer or disclose your information to third parties except for specific purposes, including:

• When you ask us to, or otherwise give your specific consent (for example, by posting Content using the Universe feature), you consent to our making that Content visible to Videomagic users or website guests;
• With affiliates and subsidiaries to provide you with aspects of the Service, such as customer support;
• With vendors that help us provide you with aspects of the Service, such as data storage, hosting, customer support, and payment processing, or that help us with marketing and email campaigns, to advertise, gain insights, and perform analytics into how the Service is used and how it might be improved;
• With third parties who enable certain features or functionalities of the Service that you’ve requested (for example, by installing extensions in Videomagic);
• With an employer or other organization (or employees or other Videomagic users associated with such an employer or other organization) on whose behalf you use the Service, that created an Videomagic account on your behalf, or that owns, manages, or is associated with the email domain for an email address on your account;
• With the owner or collaborator of an Videomagic workspace to which you have access or on which you are a collaborator as necessary to identify you to such owner or collaborator or enable you to collaborate as intended;
• As necessary to comply with applicable law, including governmental requests and law enforcement requests, and otherwise to protect the rights, privacy, safety, or property of you, us, or others;
• As necessary in the event of a proposed or actual reorganization, merger, sale, joint venture, assignment, transfer, financing, or other disposition of all or any portion of our business, assets, or stock;
• With others for any legitimate business purpose that does not conflict with the statements made in this Privacy Policy.

4. Transfers of Information

We may transfer to and process your personal information in countries outside of the jurisdiction where you are located for the various purposes described above. When required by law, we will ensure that we rely on an appropriate legal mechanism for the transfer, such as your consent, standard contractual clauses (or their equivalent), or adequacy decisions. You may ask us, using the contact information in Section 9, for more information about the specific basis we use for transferring your data.

5. Retention of Information

We store your personal information for a period of time that is consistent with the purposes for which it was collected, including for the purposes of satisfying any legal or reporting requirements, and in accordance with our legal obligations and legitimate business interests. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data; the potential risk of harm from unauthorized use or disclosure of your personal data; the purposes for which we process your personal data; and the applicable legal requirements.

6. Managing Your Information

a. Content

You may access, correct, amend, or delete Content within Videomagic. You own all Content you upload provided you have lawful title thereto. Content you delete (including Content containing personal information) may be retained in archived or backup copies in order to enable you to use certain features like revision history and base snapshots. For instructions on how to permanently delete Content from your Videomagic account, please contact us at privacy@videomagic.ai. Please note that permanent deletion of Content through this process may impair or disable some features of the Service (such as revision history and base snapshots) with respect to that Content.

b. Other Information

Our policy does not allow for the sale of Google user data to third parties. We may use some of the information we collect for marketing purposes, including to send you promotional communications about new Videomagic features, products, events, or other opportunities. If you wish to stop receiving these communications or to opt out of use of your information for these purposes, please follow the opt-out instructions by clicking "Unsubscribe" (or similar opt-out language) in those communications. You may also contact us at privacy@videomagic.ai to opt out.

You also may have certain rights with respect to your data depending on the jurisdiction in which you live. Please see the jurisdiction-specific sections below for reference.

c. Data Protection and Confidentiality

Security procedures are in place to protect the confidentiality of your data. These include; encryption to protection your information.

7. Information from Children

Videomagic is not intended for use by children under the age of 16 (or other age as required by local law) and we do not knowingly collect personal information from children. If we learn that we have collected personal information from a child, we will take reasonable steps to delete such information from our files as soon as is practicable. If you learn that your child has provided us with personal information without your consent, you may contact us at privacy@videomagic.ai.

8. Changes to Privacy Policy

Any information that we collect is subject to the Privacy Policy in effect at the time such information is collected. We may, however, revise the Privacy Policy from time to time. If a revision is material, as determined solely by us, we will notify you, for example via email. The current version will always be posted to our Privacy Policy page.

9. Contact Us

If you have any questions about our privacy practices, including this policy, you may contact us by email at privacy@videomagic.ai or by mail at Crunch Mediaworks LLC, 969-G Edgewater Blvd., Suite 787, Foster City, CA 94404.

10. California-Specific Disclosures

The disclosures in this section apply solely to individual residents of the State of California and provide additional information about how we collect, use, disclose, and otherwise process personal information within the scope of the California Consumer Privacy Act of 2018, as amended, including its implementing regulations ("CCPA"). Unless otherwise expressly stated, all terms in this section have the same meaning as defined in the CCPA.

a. Sensitive Personal Information

Certain data elements we collect and use to provide the Service may be deemed "sensitive personal information" under CCPA. These include your username and password to access your account and contents of any messages you send through our email integration feature. We do not use or disclose such sensitive personal information to “infer” characteristics as defined under the CCPA, or for any purpose other than that which is necessary to provide the Service as specified in the CCPA.

b. California Privacy Rights

As a California resident, you may be able to exercise the following rights in relation to the personal information about you that we have collected (subject to certain limitations at law):

• The Right to Know any or all of the following information relating to your personal information we have collected and disclosed in the last 12 months, upon verification of your identity:
  • The specific pieces of personal information we have collected about you;
  • The categories of personal information we have collected about you;
  • The categories of sources of the personal information;
  • The categories of personal information that we have disclosed to third parties for a business purpose, and the categories of recipients to whom this information was disclosed;
  • The categories of personal information we have sold or shared and the categories of third parties to whom the information was sold or shared; and
  • The business or commercial purposes for collecting, or sharing the personal information.
• The Right to Request Deletion of personal information we have collected from you, subject to certain exceptions.
• The Right to Request Correction of inaccurate personal information.
• The Right to Opt Out of Personal Information Sharing to third parties now or in the future.

You also have the right to be free of discrimination for exercising these rights. However, please note that if the exercise of these rights limits our ability to process personal information (such as in the case of a deletion request), we may no longer be able to provide you our Service or engage with you in the same manner.

c. How to Exercise Your California Privacy Rights

To exercise your rights to know, correct, or delete, please submit a request by emailing privacy@videomagic.ai with the subject line "California Rights Request"

d. Minors Under Age 16

We do not sell or share the personal information of consumers we know to be less than 16 years of age. Please contact us at privacy@videomagic.ai to inform us if you, or your minor child, are under the age of 16.