Last Updated Oct 23, 2021

This Privacy Policy describes the policies and procedures of Punchline, Inc. (“we”, “our” or “us”) on the collection, use and disclosure of your information in connection with your use of www.punchline.club (the “Site”), our mobile applications, and the services, features, or content we offer (collectively with the Site, the “Services”). We receive information about you from various sources, including: (i) if you register for an account on the Services, through your user account (your “Account”); (ii) your use of the Services generally; and (iii) from third party websites and services. When you use the Services, you are consenting to the collection, transfer, manipulation, storage, disclosure and other uses of your information as described in this Privacy Policy.

What Does This Privacy Policy Cover?

This Privacy Policy covers the treatment of personally identifiable information (“Personal Data”) gathered when you are using or accessing the Services. This Privacy Policy also covers our treatment of any Personal Data that our business partners share with us or that we share with our business partners.

This Privacy Policy does not apply to the practices of third parties that we do not own or control, including but not limited to any third party websites, services and applications (each a “Third Party Service”) that you elect to access through the Service or to individuals that we do not manage or employ. While we attempt to facilitate access only to those Third Party Services that share our respect for your privacy, we cannot take responsibility for the content or privacy policies of those Third Party Services. We encourage you to carefully review the privacy policies of any Third Party Services you access.

What Information Do We Collect About You?

We collect Personal Data about you when you provide such information directly to us, when third parties such as our business partners or service providers provide us with Personal Data about you, or when Personal Data about you is automatically collected in connection with your use of our Services. The information we gather enables us to improve, understand, and continue to operate the Services. In connection with certain aspects of the Services, we may request, collect and/or display some of your Personal Data. Below explains in greater detail the types of information that we collect about our users.

Information You Provide to Us

Account Information:

If you create an Account, register for a brand or artist channel, or register for a verified user profile, or have registered for Electric Objects, you will provide information that could be Personal Data, such as your email address, username, contact name, password, display name (for artist channel) and art preferences (for Electric Objects). You may also choose to provide additional Personal Data, including an avatar/profile picture, information about yourself, basic demographic information, a description of your channel, a brand parent company (brand or artist channel), location (brand or artist channel), your Punchline Channel URL (for verified user profile), attachments to your application (for verified user profile) and links to your website or social media profiles.

Additionally, if you register for or access the Services using a Third Party Service (such as your social media account login credentials), we may receive Personal Data that you have made available to share through such Third Party Service, which may include, without limitation, your name. You may also choose to include your email address. You acknowledge that this information may be personal to you, and by creating an Account and providing Personal Data to us, you allow others, including us, to identify you and therefore may not be anonymous. We may use your contact information to send you information about our Services.

User Content:

Some features of the Services allow you to provide content to the Services, and related Personal Data if you so choose. User content includes, but are not limited to, GIFs, written comments, links, and pictures. All content submitted by you to the Services and related data (e.g., technical specifications of a GIF) may be retained by us indefinitely, even after you terminate your Account or your access to the Services is terminated. We may continue to disclose such content to third parties in a manner that does not reveal Personal Data, as described in this Privacy Policy.

Information From Others

As mentioned above, you may be able to register for or access the Services using a Third Party Service, such as your social media account (e.g. Facebook, Twitter, etc.). Occasionally, you can also use your Account on our Services to interact with your accounts on these other Third Party Services. For example, you may be able to access posting and sharing tools on the Services that allow you to post information to your social networks outside of the Services (“Share”). By using these tools or Third Party Services, you acknowledge that some information (such as your IP address, language preferences, timestamp and identifiers related to your request) may be transmitted to us, and that such information and content is covered by this Privacy Policy. Furthermore, if a tool, such as the Share tool, is operated by a Third Party Service, the Third Party Service that operates the tool may collect information about your browser or online activity, which would be subject to the Third Party Service’s privacy policy and your account settings selected through that Third Party Service. When you use these tools, some of your information from the Services may be shared with the Third Party Service and others, including selected GIF. Therefore, we encourage you to read the privacy policies and other policies of any Third Party Services, including without limitation any applicable social networks, that you use in connection with the Services.

Information Collected Automatically

We automatically receive and record information from your web browser or device when you interact with the Services, including when you search for, select, view or receive a GIF, such as your IP address, device ID, user query information and cookie information. This information is used to enable us to deliver GIFs to you, for fighting spam/malware, to improve the service and also to facilitate collection of data concerning your interaction with the Services (e.g., what links you have clicked on).

Generally, the Services automatically collect usage information, such as the number and frequency of visitors to the Site and the Services. We may use this data in aggregate form, for example, as a statistical measure or in other anonymous forms, but not in a manner that would identify you personally. This type of aggregate data enables us and third parties authorized by us to figure out how often individuals use parts of the Services so that we can analyze and improve them.

Information Collected Using Cookies

• Cookies are pieces of text that may be provided to your computer or device through your web browser when you access a website. Your browser stores cookies in a manner associated with each website you visit. We may use cookies to enable our servers to recognize your web browser and tell us how and when you visit the Site and otherwise use the Services. • Our cookies do not, by themselves, contain Personal Data. However, we may match cookies with your Personal Data to identify you, and we may use cookies to identify that your web browser has accessed aspects of the Services and may associate that information with your Account if you have one. • We may allow third party web analytics service providers to use cookies or similar technologies to collect information about your use of the Services. We use Google Analytics, a service provided by Google, Inc. (“Google”) to help us understand how users use the Services and to enhance your experience when you use the Services. For more information on Google’s privacy practices, please go to https://policies.google.com/technologies/partner-sites and to opt out of data recording and analysis by Google Analytics on the Services, please visit https://tools.google.com/dlpage/gaoptout. • Most browsers have an option for turning off the cookie feature, which will prevent your browser from accepting new cookies, as well as (depending on the sophistication of your browser software) allowing you to decide on acceptance of each new cookie in a variety of ways. We strongly recommend that you leave cookies active, because they enable you to take advantage of the most attractive features of the Services. • This Privacy Policy covers our use of cookies only and does not cover the use of cookies by third parties. We do not control when or how third parties place cookies on your computer or device. For example, third party websites to which a link points may set cookies on your computer or device.

Aggregate Information

We collect statistical information about how both unregistered and registered users, collectively, use the Services (“Aggregate Information”). Some of this information is derived from Personal Data. This statistical information is not Personal Data and cannot be tied back to you, your Account, or your web browser.

Personal Data of Children

As noted in the Terms of Service, we do not knowingly collect or solicit Personal Data from anyone under the age of 13. If you are under 13, please do not attempt to register for the Services or send any Personal Data about yourself to us. If we learn that we have collected Personal Data from a child under age 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us Personal Data, please contact us at support@punchline.club.

Facial Scans

In order to use the facial scan feature through our mobile application, you must first read through our “Facial Scan Consent” and grant us permission by selecting the “I Accept” button on your mobile device. We only use your facial scans in connection with your use of the Services in order to provide, personalize, and improve the Services for you. We don’t use your facial scans or any related facial data captured in the facial scans internally, and we don’t share your facial scans or any related facial data with other users or any other third parties. We also do not store your facial scans and related facial data. Please read our “Facial Scan Consent” to learn more about our facial scans feature.

How, and With Whom, Is My Information Shared?

The Services are designed to help you share information with others. As a result, some of the information generated through the Services is shared publicly or with Third Party Services. What information is shared publicly depends on your privacy settings. Below further describes the ways in which we may share your information. We do not sell your Personal Data.

Public Information About You and Your Activity on the Services

User profile and channel information that you choose to provide, including your username, contact name, GIFs you upload, information about yourself, your avatar/profile picture, a description of your channel, and links to your website or social media profiles, may be displayed to other users to facilitate user interaction within the Services. This information will be displayed to other users depending on your privacy settings. We will not directly reveal user email addresses to other users.

Some of your activity on and through the Services is public by default. This may include, but is not limited to, content you have posted publicly on the Site or otherwise through the Services. For registered users, all content you post publicly (or privately) will be associated with your account. Unregistered users will not have this association, but information concerning their use of the Services (such as what pages they have visited) may be tracked through the use of cookies and stored by us.

Please remember that if you choose to provide Personal Data using certain public features of the Services, then that information is governed by the privacy settings of those particular features and may be publicly available. Individuals reading such information may use or disclose it to other individuals or entities without our control and without your knowledge, and search engines may index that information. We therefore urge you to think carefully about including any specific information you may deem private in content that you create or information that you submit through the Services.

Information Shared Through Third Party Services

You may access other Third Party Services through the Services, for example by clicking on links to those Third Party Services from within our Services. We are not responsible for the privacy policies and/or practices of these Third Party Services, and you are responsible for reading and understanding those Third Party Services’ privacy policies. This Privacy Policy only governs information collected on the Services.

Information Shared In Connection with Related Services

While we collect and store IP address and device ID information, that information is not made public. We do at times, however, share this information with our service providers and as otherwise specified in this Privacy Policy.

We also share Aggregate Information with our partners, service providers and other persons with whom we conduct business. We share this type of statistical data so that our partners can understand how and how often people use our Services and their services or websites, which facilitates improving both their services and how our Services interface with them. In addition, these third parties may share with us non-private, aggregated or otherwise non Personal Information about you that they have independently developed or acquired.

Information Shared with Our Service Providers

We employ and contract with people and other entities that perform certain tasks on our behalf and who are under our control (our “service providers”). We may need to share Personal Data with our service providers in order to provide products or services to you. Unless we tell you differently, our service providers do not have any right to use Personal Data or other information we share with them beyond what is necessary to assist us. You hereby consent to our sharing of Personal Data with our service providers.

Information Disclosed Pursuant to a Change in Control or Sale

In some cases, we may choose to buy or sell assets. In these types of transactions, user information is typically one of the transferred business assets. Moreover, if we, or substantially all of our assets, were acquired, or if we go out of business or enter bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of us or our assets may continue to use your Personal Data as set forth in this policy.

Information Disclosed for Our Protection and the Protection of Others

We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce this Privacy Policy and our Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect our rights, property or safety, our users and the public. This includes exchanging information with other companies and organizations for fraud protection and spam/malware prevention.

What Choices Do I Have Regarding My Information?

Access and Control Your Personal Data

• If you are a registered user, you can access information associated with your Account by logging into the Services. Registered and unregistered users can access and delete cookies through their web browser settings. • You can use many of the features of the Services without registering, thereby limiting the type of information that we collect. • You can always opt not to disclose certain information to us, but please note that such information may be needed to take advantage of some of our features. • You can opt-out of certain cookies and tracking technologies by following the steps set forth in the section titled “Information Collected Using Cookies” above. • Your browser may offer you a “Do Not Track” or “DNT” option, which allows you to signal to operators of websites, and web applications, and services that you do not wish such operators to track certain of your online activities over time and across different websites.

Delete Your Account

Should you ever decide to delete your Account, you may do so by emailing support@punchline.club. Please note that we will need to verify that you have the authority to delete the Account. If you terminate your Account, any association between your Account and information we store will no longer be accessible through your Account. However, given the nature of sharing on the Services, any public activity on your Account prior to deletion will remain stored on our servers and may remain accessible to the public.

How Long Do We Retain Your Personal Data?

We retain Personal Data about you for as long as you have an open account with us or as otherwise necessary to provide you Services. In some cases we retain Personal Data for longer, if doing so is necessary to comply with our legal obligations, resolve disputes or collect fees owed, or is otherwise permitted or required by applicable law, rule or regulation. Afterwards, we retain some information in a depersonalized or aggregated form but not in a way that would identify you personally.

Is the Information About Me Secure?

Your Account information will be protected by a password for your privacy and security. You need to prevent unauthorized access to your Account and Personal Data by selecting and protecting your password appropriately and limiting access to your computer and browser by signing off after you have finished accessing your Account.

We seek to protect Account information to ensure that it is kept private; however, we cannot guarantee the security of any Account information. We store all of our information, including your IP address information, using industry-standard techniques. We do not guarantee or warrant that such techniques will prevent unauthorized access to information about you that we store, Personal Data or otherwise. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.

What Happens When There Are Changes to this Privacy Policy?

We may amend this Privacy Policy from time to time. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is collected. If we make changes in the way we collect or use information, we will notify you by posting an announcement on the Services or sending you an email. A user is bound by any changes to the Privacy Policy when he or she uses the Services after such changes have been first posted.

What If I Have Questions or Concerns?

If you have any questions or concerns regarding privacy using the Services, please send us a detailed message to support@punchline.club. We will make every effort to resolve your concerns.

EU or UK users

If you are located in the European Union (“EU”), United Kingdom, Lichtenstein, Norway, or Iceland, you may have additional rights under the EU or UK General Data Protection Regulation (the “GDPR”) with respect to your Personal Data, as outlined below.

For this section, we use the terms “Personal Data” and “processing” as they are defined in the GDPR, but “Personal Data” generally means information that can be used to individually identify a person, and “processing” generally covers actions that can be performed in connection with data such as collection, use, storage and disclosure. We will be the controller of your Personal Data processed in connection with the Services. If there are any conflicts between this section and any other provision of this Privacy Policy, the policy or portion that is more protective of Personal Data shall control to the extent of such conflict. If you have any questions about this section or whether any of the following applies to you, please contact us at support@punchline.club.

We will only process your Personal Data if we have a lawful basis for doing so. Lawful bases for processing include consent, contractual necessity and our “legitimate interests” or the legitimate interest of others, as further described below. The legal bases depend on the Services you use and how you use them.

• Contractual Necessity: We also process the following categories of Personal Data as a matter of “contractual necessity”, meaning that we need to process the data to perform under our Terms of Service with you, which enables us to provide you with the Services. When we process data due to contractual necessity, failure to provide such Personal Data will result in your inability to use some or all portions of the Services that require such data.

IP Address

Profile Data

Device ID

Cookie Data

• Legitimate Interest: We process the following categories of Personal Data when we believe it furthers the legitimate interest of us or third parties (which is not overridden by your data protection interests):

IP Address

Profile Data

Device ID

Cookie Data

Examples of these legitimate interests include:

Operation and improvement of our business, products and services

Marketing of our products and services

Provision of user support

Protection from fraud or security threats

Compliance with legal obligations

Completion of corporate transactions

• Consent: In some cases, including facial scans, we may process Personal Data based on the consent you expressly grant to us at the time we collect such data. When we process Personal Data based on your consent, it will be expressly indicated to you at the point and time of collection.

• Other Processing Grounds: From time to time we may also need to process Personal Data to comply with a legal obligation, if it is necessary to protect the vital interests of you or other data subjects, or if it is necessary for a task carried out in the public interest.

• Personal Data of Children: We do not knowingly collect or solicit Personal Data from anyone under the age of 16. If you are under 16, please do not attempt to register for the Services or send any Personal Data about yourself to us. If we learn that we have collected Personal Data from a child under age 16, we will delete that information as quickly as possible. If you believe that a child under 16 may have provided us Personal Data, please contact us at support@punchline.club.

What Rights Do You Have Regarding Your Personal Data?

You have certain rights with respect to your Personal Data, including those set forth below. For more information about these rights, or to submit a request, please email support@punchline.club. Please note that in some circumstances, we may not be able to fully comply with your request, such as if it is frivolous or extremely impractical, if it jeopardizes the rights of others, or if it is not required by law, but in those circumstances, we will still respond to notify you of such a decision. In some cases, we may also need to you to provide us with additional information, which may include Personal Data, if necessary to verify your identity and the nature of your request.

• Access: You can request more information about the Personal Data we hold about you and request a copy of such Personal Data.

• Rectification: If you believe that any Personal Data we are holding about you is incorrect or incomplete, you can request that we correct or supplement such data. You can also correct some of this information directly by updating any of the information contained in your user profile.

• Erasure: You can request that we erase some or all of your Personal Data from our systems.

• Withdrawal of Consent: If we are processing your Personal Data based on your consent (as indicated at the time of collection of such data), you have the right to withdraw your consent at any time. Please note, however, that if you exercise this right, you may have to then provide express consent on a case-by-case basis for the use or disclosure of certain of your Personal Data, if such use or disclosure is necessary to enable you to utilize some or all of our Services.

• Portability: You can ask for a copy of your Personal Data in a machine-readable format. You can also request that we transmit the data to another controller where technically feasible.

• Objection: You can contact us to let us know that you object to the further use or disclosure of your Personal Data for certain purposes.

• Restriction of Processing: You can ask us to restrict further processing of your Personal Data.

• Right to File Complaint: You have the right to lodge a complaint about Punchline’s practices with respect to your Personal Data with the supervisory authority of your country or EU Member State.

• Transfers of Personal Data: The Services are hosted and operated in the United States (“U.S.”) through Punchline and our service providers, and if you do not reside in the U.S., laws in the U.S. may differ from the laws where you reside. By using the Services, you acknowledge that any Personal Data about you, regardless of whether provided by you or obtained from a third party, is being provided to Punchline in the U.S. and will be hosted on U.S. servers, and you authorize us to transfer, store and process your information to and in the U.S., and possibly other countries. Punchline is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission.

Privacy Shield

Punchline complies with the EU.-U.S. Privacy Shield Framework set forth by the U.S. Department of Commerce regarding the collection, use and retention of Personal Data transferred from the EU to the U.S. Punchline has certified to the Department of Commerce that it adheres to the Privacy Shield Principles of (1) notice, (2) consent, (3) accountability for onward transfer, (4) security, (5) data integrity and purpose limitation, (6) access and (7) recourse, enforcement and liability with respect to all Personal Data received from within the EU. The Privacy Shield Principles require that we remain potentially liable if any third party processing Personal Data on our behalf fails to comply with these Privacy Shield Principles (except to the extent we are not responsible for the event giving rise to any alleged damage). To learn more about the Privacy Shield Program, please visit https://www.privacyshield.com.In compliance with Privacy Shield Principles, Punchline commits to resolve complaints about our collection or use of Personal Data. Please contact us at support@punchline.club with any questions or concerns relating to compliance with the Privacy Shield Principles. Punchline has further committed to refer any unresolved Privacy Shield complaints through International Centre for Dispute Resolution - American Arbitration Association (ICDR-AAA), an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, you can visit http://go.adr.org/privacyshield.html for more information or to file a complaint, at no cost to you. Under certain conditions, you may also be entitled to invoke binding arbitration for complaints not resolved by other means.

What If You Have Questions Regarding Your Personal Data? If you have any questions about this section or our data practices generally, please contact us using the following information:

Name: Punchline, Inc.

Physical address: 4 trait d’Union, 77127 Lieusaint, FRANCE

Email address for contact: support@punchline.club

California Residents

Personal Information We Collect

We collect certain “Personal Information,” as defined by the California Consumer Privacy Act 2018 (“CCPA”) and as listed in the section of the main body of the Privacy Policy titled “What Information Do We Collect About You?” and have done so within the past 12 months.

Personal Information does not include: (a) publicly available information from government records; (b) deidentified information or aggregate consumer information.

We obtain the categories of Personal Information listed in the “What Information Do We Collect About You?” section above from the following categories of sources:

• Directly from you

• Indirectly when you use our services (e.g. via your web browser or device, or via cookies)

• Third Party Services (e.g. Facebook or Twitter)

• Integration Partners

Use of Personal Information

• We may use the Personal Information we collect for the following purposes:

• Improve, understand, personalize and operate our Services

• Promote the safety, integrity, and security of our Services

• Communicate with you

• Perform other business purposes

Sharing Personal Information

We do not sell your Personal Information. We disclose Personal Information with the third parties and for the purposes listed in the section of the main body of the Privacy Policy titled “How, and With Whom, Is My Information Shared?” and have done so within the past 12 months. In particular, over the past 12 months we have shared:

• Identifiers (such as name, IP address and email address) with service providers that provide cloud computing, analytics, performance and availability monitoring, content moderation services, email marketing and messaging notification services, and with Third Party Services that you used or otherwise interacted with.

• Internet network activity information (such as your interaction with our Services and related log data) with service providers that provide cloud computing, analytics, performance and availability monitoring and content moderation services.

• Electronic information with service providers that provide cloud computing, analytics and performance and availability monitoring services, and with Third Party Services that you used or otherwise interacted with.

• Geolocation data with service providers that provide cloud computing, analytics, performance and availability monitoring and content moderation services, and with Third Party Services that you used or otherwise interacted with.

Rights

If you are a resident of California, you will have additional rights under the CCPA with respect to your Personal Information, as outlined below.
• Right to Know: You may, not more than twice in a twelve-month period, request more information about the Personal Information we collect, use, or disclose, and request a copy of such Personal Information by emailing us at support@punchline.club. You can also access certain of your Personal Information by logging on to your account.
• Right to Request Deletion: You may request that we delete the Personal Information that we have collected from you by emailing us at support@punchline.club. However, we may not be required to delete your Personal Information under certain circumstances, including if such data is necessary for us to provide you with the Services, if we use such data only for our internal analytical use, and if such data is needed to complete a transaction or other action you have requested. If you request that we delete your Personal Information, you may no longer be able to use the Services.
• Right to Non-Discrimination: We will not discriminate against you for exercising your privacy rights under the CCPA.
To protect your information, we may need to verify your identity before processing your request to exercise your “right to know” and “right to request deletion.” In some cases we may need to collect additional information to verify your identity, such as a government issued ID.
Under the CCPA, you may exercise these rights yourself or you may designate an authorized agent to make these requests on your behalf. We may request that your authorized agent have written permission from you to make requests on your behalf and may need to verify your authorized agent’s identity.
If you have questions about this section or how to exercise your rights, please contact us by emailing support@punchline.club.