Privacy Policy

SUNDAYSKY PRIVACY POLICY

SundaySky takes consumer data privacy very seriously.

Last updated: August 2023

SundaySky Inc. and its wholly owned subsidiaries (collectively the “Company,” “we,” “us,” and “our”) respect your privacy and we take your privacy very seriously. This privacy policy (this “Privacy Policy”) describes how the Company collects and processes your personal information via the Company’s website, https://sundaysky.com/ (the “Website”) and Platform (as defined below), as well as the rights and options available to you with respect to our data collection practices. This Privacy Policy incorporates by reference the most current version of our Terms of Service.

By using the SundaySky Website, you are consenting to the practices described in this Privacy Policy.

ABOUT SUNDAYSKY

The Company is a B2B technology solutions provider, empowering businesses to create, personalize and distribute videos at scale efficiently and independently through the use of the Company’s proprietary SaaS platform.

It is important to note that both the Website and Platform may be operated via servers situated in the United States and elsewhere. If you are located outside of the United States, please be aware that any information which you supply to the Company (including, without limitation, personal information [e.g., your name, phone number, email address, etc.]) may be transferred to, processed, and used in the United States and elsewhere. By accessing and/or using the Website or otherwise interacting with the Platform, you irrevocably and unconditionally consent to the transfer, processing, and use of such information in accordance with this Privacy Policy. The Company accepts full accountability and responsibility for the protection of your personal information in accordance with applicable privacy laws and regulations.

PERSONAL INFORMATION THAT SUNDAYSKY COLLECTS

In the course of accessing the Website (i.e., for browsing, submitting resumes, completing contact forms, etc.) or otherwise interacting with the Platform, we may require you to provide personal information about yourself (e.g., your name, phone number, email address, employer, job title, general areas of interest, etc.). We will explicitly indicate the fields designated for completion. You can elect not to provide certain information as all information disclosures are entirely voluntary, but then you may not be able to take advantage of many features on the Website (e.g., not completing contact forms, which may preclude the Company’s ability to contact you about your inquiries into our Platform-related services). Similarly, we request that you provide the Company with complete, accurate and correct details to ensure that the Company will be able to contact you.

For purposes of this Privacy Policy, the “Platform” shall refer to the Company’s proprietary cloud-based video creation and management console software and related code, documentation, features and services, and any changes, enhancements, extensions, adaptations, components, additions, improvements and applications thereto, whether now existing or hereafter devised.

INFORMATION GATHERED WHEN USING THE WEBSITE & PLATFORM

The Company may collect information pertaining to your activity on the Website and/or the Platform, including information about your impressions of, and reactions to, advertisements that appear on the Website and/or Platform that we receive from devices (including mobile devices) and software you use when you access our Website and/or Platform. This information may include the following: Device ID or unique identifier, device type, ID for advertising, unique device token, operating system, information regarding your clicks, views and engagement with our advertisement and Services, information concerning your traffic to and from the Platform, your referral URL, ad data, your IP address, your web log information, and your location information, including location information from your mobile device or as can be derived from your IP address.

The Company may also receive information about consumers from third parties to enhance the Website and/or Platform (specifically our video advertising retargeting solution). The collection and use of that data is governed by the privacy policy and legal terms of the applicable third party data collector as well as the website using the data; it is not governed by this Privacy Policy.

We allow you to share information with social platforms or use social platforms to create your account or to connect your account with the respective social platforms. Those social platforms may give us automatic access to certain personal information and social characteristics retained by them about you (e.g., content viewed by you, content liked by you, and information about the advertisements you have been shown or have clicked on, etc.). You have the ability to control the personal information to which you allow access through the privacy settings on the applicable social platforms and the permissions you give us when you grant us access to your personal information that is being retained by such social platforms. By associating an account managed by a social platform with your account and authorizing us to have access to this information, you agree that we may collect, use and retain the information provided by these social platforms in accordance with this Privacy Policy. If you actively communicate about us regarding our products or our brands on social media, we may collect (i.e., either directly or indirectly) and use a copy of your communication for branding purposes. For example, if you post #SundaySky in connection with one or more of our products across social media, we reserve the right to track, retain and use a copy of the post/tweet. PLEASE NOTE THAT ANY INFORMATION YOU POST OR DISCLOSE USING HASHTAGS, WILL BECOME PUBLIC AND MAY BE AVAILABLE TO OTHER USERS AND THE GENERAL PUBLIC.

Additionally, the Company may collect or use the assistance of third parties to collect and analyze anonymous, statistical or aggregative information related to your use of the Website (and if applicable, the Platform), including information related to your personal details and activities.

Finally, we collect information from and about the computers, mobile devices, and other web-connected devices you use that integrate with our Website and/or Platform, and we combine this information across different devices that you use. For example, we use information collected about your use of our services on your mobile device to better personalize the content or features you see when you visit or use our Website or Platform on another device, or to measure whether you took an action on your phone on a different device. Information we obtain from these devices include:

  • Device attributes: information such as the operating system, hardware and software versions, battery level, signal strength, available storage space, browser type, app and file names and types, and plugins.
  • Device operations: information about operations and behaviors performed on the device, such as whether a window is foregrounded or backgrounded, or mouse movements (which can help distinguish humans from bots).
  • Identifiers: unique identifiers, device IDs, and other identifiers.
  • Device signals: Bluetooth signals, and information about nearby Wi-Fi access points, beacons, and cell towers.
  • Data from device settings: information you allow us to receive through device settings you turn on, such as access to your GPS location, camera or photos.
  • Network and connections: information such as the name of your mobile operator or ISP, language, time zone, mobile phone number, IP address, connection speed and, in some cases, and information about other devices that are nearby or on your network.
  • Cookie data: data from cookies stored on your device, including cookie IDs and settings. Learn more about how we use cookies, please review our Cookie Policy.

We perform the automatic collection described above through the use of cookies, web beacons, unique identifiers, and similar technologies which allow us to collect information about the pages and screens you view, the links you click, and other actions you take when using our Website and/or interacting with our Platform. For more information about our use of these technologies, and how to control them, see our Cookies Policy. If you give us personal information about someone else, you must do so only with that person’s express authorization.

USE OF INFORMATION

We will store the information you provide and the information we collect about your activity on the Website and/or on our Platform. We reserve the right to use such information for the following purposes:

  • To provide both the Website and the Platform, and to enable you to use both.
  • For our legitimate interests while applying appropriate safeguards that protect your privacy. Our legitimate interests may span things like detecting, preventing, or otherwise addressing fraud, abuse, security, usability, functionality or technical issues with our Services, protecting against harm to the rights, property or safety of our properties, users, or the public as required or permitted by law; enforcing legal claims, including investigation of potential violations of this Privacy Policy; to comply and/or fulfil our obligations under applicable laws, regulations, guidelines, industry standards and contractual requirements, legal process, subpoena or governmental request; and in accordance with our Terms of Service.
  • To improve and expand the Platform by creating new services and content based on user feedback and preferences.
  • To improve and expand the Website, including new features and content offered based on user feedback and preferences. The information used by the Company for this purpose will be mainly statistical information and will not identify you personally.
  • To improve and customize your experience and other users’ experience with both the Website and the Platform.
  • To contact you occasionally, either by the Company or by a third party acting on our behalf, regarding the Platform, our Website and related services and products. Subject to applicable laws, we will only contact you about the Company’s offerings if you permit us to do so. Even if you authorize the Company to contact you, your authorization may be revoked/withdrawn by you at any time and you may opt out of the Company’s mailing list by following the unsubscribe instructions in each email you receive or by contacting us as described below.
  • To contact you if you or someone in your organization requests a product demonstration or product information.
  • To contact you as and when the Company believes it to be necessary for technical, administrative or security reasons.
  • To analyze and provide statistical information to third parties. This information will not identify you personally and will be utilized by the Company in the aggregate.
  • For the orderly and proper operation of the Website and Platform, and more specifically to ensure functionality, analyze performance, fix errors and improve the general usability and effectiveness of both the Website and Platform.
  • To prevent and detect fraud and abuse in order to protect the security of the Company and our other users.
  • To comply with our legal obligations under applicable laws and regulations.
  • For any other purpose specified in this Privacy Policy and/or in our Terms of Service.

HOSTING AND PROCESSING OF PERSONAL INFORMATION

We maintain personal information that we collect from our users in secured cloud storage environments provisioned by third party cloud providers in the United States. Information regarding the users will be maintained and processed by us and our authorized affiliates and service providers which are located in various locations around the world, including, without limitation, the United States, Israel and beyond.

It is our policy, irrespective of the jurisdictions wherein our users are located, to maintain all user-supplied data in secure environments provisioned by third parties (i.e., cloud providers) that have assured us of the safeguards which they implement to protect your rights to privacy and otherwise comply with applicable laws and regulations. By providing your information, you expressly consent to the geographic place of storage and transfer described above, including transfers outside of the jurisdiction(s) in which the information was provided.

NO SALE OF INFORMATION TO THIRD PARTIES

The Company does not sell (as “sell” is traditionally defined) or share any information that it collects from users of the Website and/or the Platform. If the Company elects to change this position, it will notify all registered users of the change in accordance with the procedures of this Privacy Policy and in compliance with applicable laws.

TRANSFER OF INFORMATION TO THIRD PARTIES

The Company will not transfer your personal details and any information collected pertaining to your activities on the Website and/or on the Platform (provided that such details and information identify you personally) to any third party, except in the following cases or as otherwise outlined in this Privacy Policy:

  • If the Company reasonably believes that you have breached its Terms of Service, or abused your rights to use the Website and/or the Platform, or performed any act or omission that the Company reasonably believes to be violating any applicable law, rules, or regulations. the Company may share your information in these cases, with law enforcement and other competent authorities and with any third party, as may be required to handle any result of your wrongdoing.
  • If the Company reasonably believes that it is required by law to share or disclose your information to prevent, investigate, or take action regarding illegal activities.
  • To establish or exercise our legal rights or to defend against legal claims.
  • As permitted or required by, or in response to lawful requests by, applicable local law enforcement agencies or regulatory agencies, or agencies with responsibility to oversee and enforce national security.
  • In any case of dispute, or legal proceeding of any kind between you and the Company, or between you and other users or third parties with respect to, or in relation with the Website and/or the Platform.
  • In any case where the Company may reasonably believe that sharing information is necessary to prevent serious damage to your person or property or to the person or property of any third party.
  • If the Company organizes the operation of the Platform within a different framework, or through another legal structure or entity, or if the Company is acquired by, or merged with another entity, provided however, that those entities agree to be bound by the provisions of this Privacy Policy.
  • With affiliated entities.
  • With service providers

Without limiting the forgoing, the Company is also permitted to transfer or share anonymous, statistic or aggregative information/data with companies or organizations connected to the Company, and with suppliers, business partners, advertisers, and every third party, according to the Company’s absolute discretion; however, the Company will not disclose your identity to them, knowingly or deliberately, without receiving your consent.
Finally, we intend to provide users of the Website with various third party solutions and tools integrated within the Website to enhance their experience, including chatbots that assist users to create video templates. During the course of using such features and tools, both the Company as well as the third party solutions provider may collect various kinds of information described in this Privacy Policy, and such collection will be subject to the provisions herein. However, the Company will make an effort to avoid collecting Personal Data via these third-party solutions to the extent reasonably practicable.

CONTENT THAT YOU PROVIDE FOR PUBLICATION ON THE WEBSITE

From time to time, the Company may enable you to post content on its Website (i.e., such content may appear on a blog, in a community forum, etc.), or to provide the Company with content that the Company will post. In either scenario, by making available such content to the Company, you expressly acknowledge, agree and warrant that: (i) such content may be published on the Website; (ii) such content may be used by the Company in various other capacities and for various purposes as the Company deems appropriate, including without limitation, improving the Platform and managing complaints; and (iii) such content does not violate any other person’s right to privacy, does not violate any applicable laws, and does not otherwise infringe any other party’s intellectual property rights. In addition to the foregoing, you should be aware that any content you provide in these areas may be read, collected, and used by others. Based on the foregoing, we ask that any content you provide to THE COMPANY DOES NOT INCLUDE ANY PERSONAL INFORMATION ABOUT YOU OR ANYONE ELSE. If, at some point, you request the removal of your content from the Website, the Company will undertake reasonable efforts to accommodate your request, but it may not be possible to do so. If that should happen, we’ll notify you accordingly.

WEB ANALYTICS

We use web analytics tools to enhance our users’ experience by optimizing the efficiency, design, and quality of our Website and Platform. Our analytics tools use cookies and similar technologies to collect and analyze information related to user behavioral metrics on our Website and Platform and for statistical, benchmarking and research purposes. The kinds of information that we collect include, without limitation, mouse movements, clicks, user inputs, scrolling, access time, visit duration, pages viewed, IP address (including approximate location), operating system, and page reloading. These tools provide insights into what works and what does not work for users of our Website and Platform and they allow us to, for example, identify and repair technical errors, such as broken links that hamper the Website’s/Properties’ functionality. These web analytics tools also help us reconstruct the user experience to better understand, for example, where users may be encountering frustration or impediments to using the Website and/or the Platform.

We use website analytics tools that provides session replay, heatmaps, funnels, form analytics, feedback campaigns, and similar features and functionality. This session replay software may record your clicks, mouse movements, scrolling, form fills (keystrokes) in non-excluded fields, pages visited and content, time on site, browser, operating system, device type (desktop/tablet/phone), screen resolution, visitor type (first time/returning), anonymized IP address, location (city/country), language, and similar metadata. This software does not collect information on pages where it is not installed, nor does it track or collect information outside your web browser.

We use these web-based analytics software solutions because they provide us with tools to track the online behavior of visitors while on the Website and the Platform and lets us replay visitors’ actions. This tool gives us the opportunity to make the Website and Platform better and, in turn, provide you with an enhanced online experience as well. Thanks to this tool, we are able to obtain insights on how you and other visitors use the Website and Platform; for example, whether you can easily locate certain pages or whether it takes multiple clicks to get to those pages. Information about these small choices and interactions are of paramount value to us, as they can easily make your experience better and far more intuitive and, more importantly, allow us to provide you with a more seamless experience while on the Website and/or the Platform.

CHILDREN’S ONLINE PRIVACY INFORMATION

The Company does not knowingly collect personal information from minors who are under the age of 16 through either the Website or the Platform. If a parent or guardian becomes aware that his or her child has provided us with personally identifiable information without the parent’s/guardian’s consent, then he or she should contact the Company at the information described below. If we become aware that a child under the age of 16 has provided us with personally identifiable information, we will promptly delete such information from our files. For tips on protecting children’s privacy online, generally, please view the U.S. Federal Trade Commission (“FTC”) website at http://www.ftc.gov/privacy/privacyinitiatives/childrens.html.

INFORMATION SECURITY

We take great care in implementing and maintaining the security of our Website and Platform. We employ industry standard procedures and policies to ensure the protection of personal information, and to prevent unauthorized use of any such information. Among other means we use Secure Socket Layer (SSL) technology, which creates an encrypted link between our web server and your browser, and provides a secured path of communication to ensure the information remains protected and private. Please note however, that regardless of the measures we take and the efforts we make, we cannot and do not guarantee the absolute protection and security of any personal information.

ACCESS TO PERSONAL INFORMATION

If your personally identifiable information changes, or if you no longer desire to use and access the Website, you may correct, update, delete/deactivate your information by emailing the Company via the contact information listed below. We will undertake to respond to your request within 30 days’ of the Company’s receipt thereof. Although the Company will make reasonable efforts to accommodate your requests, in some circumstances we may not agree. If that should happen, the Company expressly reserves the right to refuse your request to change the personal information in the Company’s records and will instead append an alternative text to the record in question. Before the Company is able to provide you with any information or correct any inaccuracies, however, we may ask you to verify your identity and to provide other details to help us to respond to your request.
We will retain your information for as long as needed to provide you the Website. We will also retain and use your information as necessary to comply with our legal obligations, resolve disputes, and to enforce our agreements.

NOTICE FOR CALIFORNIA RESIDENTS.

This section applies only to California residents. Pursuant to the California Consumer Privacy Act of 2018 (“CCPA”), below is a summary for the last twelve (12) months of the “Personal Information” categories, as identified and defined by the CCPA (see California Civil Code section 1798.140 (o)), that we collect, the reason we collect the Personal Information, where we obtain the Personal Information, and the third parties that we may share the Personal Information. We generally collect the following categories of Personal Information when you use our Services:

  • Identifiers such as a name, address, unique personal identifier, email, phone number, your device’s IP address, software, and identification numbers associated with your devices.
  • Commercial information.
  • Internet or other electronic information regarding you browsing history, search history, the webpage visited before you came to our Website, length of visit and number of page views, click-stream data, locale preferences, your mobile carrier, date and time stamps associated with transactions, and system configuration information.
  • Your geolocation, to the extent you have configured your device to permit us to collect such information.

We generally do not collect protected classifications about our users, biometric information, professional or employment-related information, or education-related information. For more information about the Personal Information we collect and how we collect it, please refer to the applicable sections above.

We collect your Personal Information for the business purposes described in this Privacy Policy. The CCPA defines a “business purpose” as the use of Personal Information for the business’s operational purposes, or other notified purposes, provided the use of Personal Information is reasonably necessary and proportionate to achieve the operational purpose for which the personal information was collected or another operational purpose that is compatible with the context in which the personal information was collected.

The categories of third parties with whom we may share your Personal Information are listed above.

Privacy Rights.

If you are a California resident, you have rights in relation to your Personal Information; however, your rights are subject to certain exceptions. For instance, we cannot disclose specific pieces of Personal Information if the disclosure would create a substantial, articulable, and unreasonable risk to the security of the Personal Information, your account with us or the security of our network systems.

To assert your right to know, your right to access, or your right to delete your Personal Information, please contact us by email at privacy@sundaysky.com. To confirm your identity, we may ask you to verify Personal Information we already have on file for you. If we cannot verify your identity based on the information we have on file, we may request additional information from you, which we will only use to verify your identity, and for security or fraud-prevention purposes.

  • Right Against Discrimination. You have the right not to be discriminated against for exercising any of the rights described in this section. We will not discriminate against you for exercising your right to know, access, delete or opt-out of sales.
  • Right to Know. You have the right to request in writing: (i) a list of the categories of Personal Information, such as name, address, email address, that a business has disclosed to third parties during the immediately preceding calendar year for the third parties’ direct marketing purposes, and (ii) the names and addresses of all such third parties. In addition, you have the right to request: (i) the categories of Personal Information we have collected about you, (ii) the categories of sources from which Personal Information is collected, (iii) the business or commercial purpose for the information collection, (iv) the categories of third parties with whom we have shared Personal Information, and (v) the specific pieces of Personal Information we hold about an individual.
  • Right to Access. You have the right to request a copy of the specific Personal Information we collected about you during the 12 months before your request.
  • Right to Delete. You have the right to request us delete any Personal Information we have collected from you or maintain about you, subject to certain exceptions.
  • Right to Opt-Out of Selling. The CCPA broadly defines “Personal Information” and “selling” such that sharing identifiers linked to you for a benefit may be considered a sale. We do not “sell” your Personal Information in the traditional sense; however as described above, we may share information about you with our partners, third parties or affiliates for our marketing purposes. Under the CCPA, such sharing may be considered a “sale” of Personal Information. All California residents have the right to opt-out of such sharing. For more information about how you can opt-out of having your information shared in this way, please click on the “Do Not Sell My Personal Information” link in the footer. Please note that if you opt-out, we may be unable to offer you some of our Services which require sharing of Personal Information.

If you are a California resident you may request a notice from us describing what categories of Personal Information we have shared with third parties (if any), including our corporate affiliates during the preceding calendar year. You may request such notice once a year and free of charge. To request a notice, please contact us as provided in the “Inquiries or Concerns” section of this Privacy Policy. In your request, please specify that you are seeking a “California’s Shine the Light Disclosure.”

GDPR DISCLOSURE

You may have the rights prescribed below in relation to personal data processed by us if you are a data subject in the European Economic Area or your personal data is otherwise governed by the EU General Data Protection Regulation 2016/679 (“GDPR”) or another regulation that is intended to mirror the GDPR:

  • The right to be informed about how your personal data is being used;
  • The right of access to your personal data processed by us, which includes the right to obtain confirmation as to whether or not personal data concerning you is being processed, and, where that is the case, access to the personal data and the purposes of the processing; categories of personal data concerned; recipients or categories of recipient to whom the personal data have been or will be disclosed; where possible, the envisaged period for which the personal data will be stored; the existence of the right to request rectification or erasure of personal data or restriction of processing of personal data or to object to such processing; the right to lodge a complaint with a supervisory authority; where the personal data are not collected from the data subject, any available information as to their source; the existence of automated decision-making, including profiling; the appropriate safeguards relating to the transfer of your personal data outside the EEA;
  • The right to request the correction of inaccurate personal data we hold about you;
  • Under some circumstances, the right to request that we delete your data;
  • The right to restrict processing of your personal data;
  • The right to object to processing activities, if the processing is based on our legitimate interest;
  • The right to withdraw consent for processing at any time, if the processing is based on consent;
  • The right to object to processing of personal data for direct marketing purposes at any time;
  • In some circumstances, the right to request that we transfer or port elements of your data either to you or another service provider – if the processing is based on your consent, and is made by automated means;
  • The right to file a complaint with your Supervisory Authority (in the EEA, as prescribed by GDPR).

You may exercise these rights to the extent these rights apply to you by contacting SundaySky via the contact information listed below. We will undertake to respond to your request within the applicable time frame prescribed by applicable law, and in any event we will make efforts to respond within 30 days of receipt of your request. Although SundaySky will make reasonable efforts to accommodate your requests, in some circumstances we may deem your request unfounded or not eligible under applicable law. If that should happen, SundaySky expressly reserves the right to refuse your request personal data. Before SundaySky is able to accommodate any request, provide you with any information or correct any inaccuracies we may verify your identity by requesting certain information or identification.

We may ask you to identify which country you are located in when you use or access the Website, or we may rely on your IP address to identify which country you are located in. If any terms in this section conflict with other terms contained in this Policy, the terms in this section shall apply to individuals in European Countries.

CHANGES TO THIS PRIVACY POLICY

From time to time, the Company may change the terms of this Privacy Policy. Changes will take effect once they are posted online and by accessing and/or using the Website or Platform after we make any such changes to this Privacy Policy, you are deemed to have accepted such changes. If you do not agree with any of the amended terms, you must avoid any further use of the Website and/or Platform offered by the Company.

INQUIRIES OR CONCERNS?

If you have any questions or concerns regarding our policies, please contact us through the Website. Alternatively, you can contact us in writing by sending an email to: privacy@sundaysky.com. We will address any issue to the best of our abilities as soon as practicable.

If you have any questions or complaints regarding this Privacy Policy, please contact us as described above. We will investigate your question, respond to your inquiry, and attempt to resolve any concerns regarding your privacy question.

If you reside in any of the European countries, you may have the right to lodge a complaint with your national data protection authority or equivalent regulatory body. You can find details of EEA Supervisory Authorities here: https://edpb.europa.eu/about-edpb/board/members_en. The Supervisory Authority in the UK is the Information Commissioner’s Office (ICO).