Last Updated: December 30, 2021

BIOGRAPH LLC

PRIVACY NOTICE

Biograph LLC (“Biograph”, “we”, “us” and “our”) is committed to protecting the privacy of the users of our Site and App. This Privacy Notice (“Notice”) is designed to help users understand how we collect, use, share and safeguard the personal information (“Information”) that users provide to us on our Site and through our App.

Biograph is a U.S. based company that provides a website located at https://www.biographbook.com (“Site”) and a mobile application (“App”) that provides users of the App the ability to capture their stories in real-time, allowing people to record and preserve experiences. If you have questions about this Notice, please contact us via e-mail: info@biographbook.com with subject “RE: Data Privacy”.

You may also contact us through correspondence at our physical address at:

Biograph LLC

Attn: Middleton Partners

400 Skokie Blvd #820

Northbrook, IL 60062

IMPORTANT: THERE ARE CERTAIN PRIVACY LAWS, SUCH AS THE ILLINOIS BIOMETRIC INFORMATION PRIVACY ACT, 740 ILCS 14/1, ET SEQ., THAT REGULATE THE COLLECTION, STORAGE, USE AND RETENTION OF BIOMETRIC INFORMATION AND BIOMETRIC IDENTIFIERS (COLLECTIVELY, “BIOMETRIC DATA”).  DURING THE USE OF THE APP, COMPANY WILL COLLECT, RETAIN, STORE AND USE BIOMETRIC DATA FOR THE PURPOSE OF PROVIDING THE APP AND MAY SHARE SUCH BIOMETRIC DATA WITH THIRD PARTIES IN RELATION TO PROVIDING THE APP.  COMPANY RETAINS BIOMETRIC DATA AS FURTHER DESCRIBED IN THIS NOTICE.  YOU ACKNOWLEDGE AND AGREE TO THE FOREGOING BY ACCESSING AND/OR USING THE APP. YOU MAY REVOKE YOUR CONSENT REGARDING THE COLLECTION, RETENTION, STORAGE AND USE OF BIOMETRIC DATA BY NOTIFYING COMPANY IN WRITING TO INFO@BIOGRAPHBOOK.COM WITH SUBJECT RE: DATA PRIVACY. IN SUCH EVENT, THIS WILL IMPACT YOUR ABILITY TO ACCESS AND USE THE APP AND YOU MUST CEASE ACCESSING AND USING THE APP IMMEDIATELY.

ABOUT THIS PRIVACY NOTICE

We’ve tried to make this Notice as easy to read as possible and avoid use of legal terms, but some privacy laws use legal terms.  Where these legal terms occur in this Notice, we will define them. This will help allow you to make informed decisions when using the Site and App.

The Site and/or App are intended for companies located in the United States only, and you hereby expressly acknowledge and agree that if you are accessing and/or using the Site and/or App that you reside in the United States and will only access and/or use the Site and/or App in the United States.

By accessing the Site and/or App, you accept this Notice and you consent to the collection, storage, use and disclosure of your Information as described in this Notice. If you do not consent, do not use the Site and/or App.

CHANGES TO THIS NOTICE

We may change this Notice due to changes in our business practices or changes in the privacy laws we are subject to and in the event of changes we will post a revised version and change the ‘Last Updated’ date. We encourage you to check this Notice regularly.

PRIVACY OF CHILDREN

The Site and the App are not directed to anyone under the age of 13. The Site and App do not knowingly collect or solicit information from anyone under the age of 13 or allow anyone under the age of 13 to sign up for the App. If we learn that we have gathered information from anyone under the age of 13 without the consent of a parent or guardian, we will delete that information as soon as possible. If you believe we have collected such information, please contact us at info@biographbook.com with subject “RE: Data Privacy”.

ABOUT PRIVACY LAWS

Please note there are many privacy laws and regulations around the world and some laws may provide stricter protections than others. Biograph is located in the United States. The Site and App are hosted in, provided from the United States, and intended for those that reside in the United States. Information that you submit through the Site and/or App may be transferred outside of the jurisdiction in which you live. We also store Information locally on the devices you use to access the Site and/or App. Your Information may be transferred to other jurisdictions that do not have the same data protection laws as the jurisdiction in which you initially provided the Information.

CALIFORNIA CONSUMER PRIVACY ACT / CALIFORNIA PRIVACY RIGHTS ACT

Currently, the privacy laws of California do not apply to Biograph. If you feel that California law does apply to Biograph, please contact us. We will protect your Information as outlined in this Notice.

You can find out more about the CCPA/CPRA by clicking here: https://www.biographbook.com/california-privacy/.

QUESTIONS OR COMPLAINTS REGARING OUR PRIVACY PRACTICES

Please contact us if you have any questions or complaints regarding how we handle or use your Information. We will work to answer your question or address your complaint.

For US citizens, contact your state Attorney General as you may have state law that covers the use of your Information.

INFORMATION WE COLLECT

This section tells you about the Information we collect from users of the Site and App. The two types of Information we collect are:

  1. Information you knowingly provide to us on an individual basis which may include your name, e-mail address and any other information you voluntarily provide to us on our Site and/or App, and
  2. Information that cannot be used to identify you that is collected on an aggregated basis when you browse and use our Site and/or App.

Our App is used to record, preserve, and share life experiences based on the Information you voluntarily choose to provide to us. To use our App, you must create an account (“Account”) to log into the App and the Information you may provide includes the following (which may include, without limitation, Biometric Data):

  • your phone number;
  • your e-mail address;
  • your birthdate;
  • ‘Apple Pay’ information;
  • audio and voice notes;
  • photographs;
  • videos;
  • location data;
  • time stamps; and
  • any other information provided to tell your story.

We will use this Information to provide the App and related services, marketing purposes and to communicate with you regarding your use of the App and/or our other products and/or services. The primary purpose for collection and use of the Information is because we have a legitimate interest in contacting our users, communicating with our users, providing certain account-related functions to users of the App, understand how you interact with the Site and the App, understanding analytics with respect to use of the Site and App and to provide you with the Site and App.

To use our Site, you do not need to submit Information that can be used to identify you unless you elect to reach out to us via the ‘Contact Us’ form on the Site.

In addition, during your use of the Site and App we collect Information that cannot be used to directly identify you. This type of Information can be called non-personal information (“Aggregated Information”). Although Aggregated Information cannot identify you, we still feel it is important to share our practices with you. We track Aggregated Information provided to us by your browser and/or by the App when you view or use the App. Aggregated Information is collected automatically by technology to improve the quality of the Site and/or App. Examples include:

  • the type of browser you use,
  • the type of device from which you connected to the Site and/or App,
  • the time and date of access, and
  • other Aggregated Information that does not personally identify you.

We may also receive non-personal information, such as aggregated or de-identified demographic/profile information, from third-party sources such as companies that specialize in providing enterprise information, analytics, and software as a service. We may also use clear gifs, pixel tags and web beacons, which are tiny graphic images placed on website pages and/or emails that allow us to determine whether you’ve performed specific actions and are further used to track online movements of our users either on the Site or in the App.

We also track Aggregated Information using cookies, or small text files which include an anonymous unique identifier. Cookies are sent to a user’s browser from our servers and are stored on the user’s computer hard drive. Sending a cookie to a user’s browser enables us to collect general data about that user and keep a record of the user’s preferences when utilizing our Site and/or App, both on an individual and aggregate basis.

We may use both persistent and session cookies. Persistent cookies remain on your computer after you close your session and until you delete them. Session cookies expire when you close your browser.

HOW WE USE AND SHARE INFORMATION

We use Information collected as described in this Notice to provide you with the Site, App and/or information and/or content that you have requested, and, in some cases, to contact you about our products and/or other services. We also use the Information collected to take the following actions:

  • operate, maintain, and improve the Site and/or App;
  • facilitate the creation of a user’s Account on the App;
  • identify you as a user of our App;
  • send you a welcome email to verify ownership of the email address provided to subscribe to the App or newsletter;
  • answer questions and respond to your requests;
  • perform marketing and/or data analysis and conduct research;
  • send you reminders, support, and marketing messages;
  • manage our administration of the Site and/or App;
  • inform you about products, events and/or for other promotional purposes;
  • send newsletters, surveys, offers, and other promotional materials related to our Site and/or App and/or other products and/or services we offer and for other marketing purposes;
  • comply with legal obligations, as part of our general business operations, and for other business administration purposes;
  • where we believe necessary to investigate, prevent or act regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person or violations of this Notice; and
  • for other purposes about which we notify you.

In general, we use Aggregated Information to help us improve the Site and/or App and customize the user experience. We also pool and combine this Aggregated Information to track trends and analyze use patterns on the Site and/or App. Because Aggregated Information cannot be used to directly identify you, this type of Information is not covered by privacy laws. This means that this Notice does not limit in any way our use or disclosure of Aggregated Information and we reserve the right to use and disclose such Aggregated Information to our partners, advertisers, and other third parties in our sole and absolute discretion.

WHOM WE SHARE YOUR INFORMATION WITH

We will share Information collected in accordance with this Notice as follows:

Service Providers: We use service providers to provide the Site and/or App that may include, without limitation, employees of the business, consultants, partners, and vendors we use to carry out our services (“Service Providers”) including without limitation for hosting the Site and/or App, e-mail marketing, video recordings in relation to the App, transcription services in relation to the App and any other service which may be added as we continue to develop the App. Our Service Providers will be given access to your Information as is reasonably necessary to enable us to provide the Site and/or App.

For Compliance and Legal Actions Involving Biograph: We will not disclose your Information to third parties except as set forth in this Notice and in the following circumstances:

  • to investigate and defend our members against any third-party claims and/or allegations and/or otherwise to protect us from liability,
  • to investigate, prevent and/or take action regarding suspected and/or actual illegal activities,
  • to assist government enforcement agencies,
  • respond to a legal process and/or comply with the law,
  • to exercise or protect the rights, property and/or personal safety of the users of the Site and/or App and/or
  • to protect the security and/or integrity of the Site and/or App.

Business Transfer:  If we sell or otherwise transfer part or all of our business and/or assets to another organization (e.g., in the course of a transaction such as a merger, acquisition, bankruptcy, dissolution, liquidation, etc.), your Information such as name and email address, user content and/or any other information collected through the Site and/or App may be among the items sold and/or transferred.

MARKETING

You have the right at any time to prevent us from contacting you for marketing purposes. When we send a promotional communication to a user, the user can opt out of further promotional communications by following the unsubscribe instructions provided in each promotional communication. You can also indicate that you do not wish to receive marketing communications from us by sending an email to info@biographbook.com with subject “RE: Data Privacy”.

YOUR RIGHTS AND YOUR INFORMATION

If applicable law allows, you may have certain rights over your Information. This can include gaining access to the Information we hold, editing the Information for accuracy, asking us to delete it, etc. Please contact us if you have questions regarding any potential rights you may have. We will work with you to fulfill your request if it is required by law in the timeframe the law specifies.

SECURITY OF YOUR INFORMATION

We implement security measures designed to protect your information from unauthorized access, alteration, disclosure and/or destruction. Because the internet is not a completely secure environment, we cannot warrant the security of any information a user transmits to us or guarantee that information on the Site and/or App may not be accessed, disclosed, altered, and/or destroyed by breach of any of our physical, technical and/or managerial safeguards. We further protect your information from potential security breaches by implementing certain technological security measures; however, these measures do not guarantee that your information will not be accessed, disclosed, altered, or destroyed by breach of such firewalls and secure server software. While we use reasonable efforts to protect your information, we cannot guarantee its absolute security. By using the Site and/or App, you acknowledge that you understand and agree to assume these risks and acknowledge and agree that we have no liability related thereto.

RETENTION OF INFORMATION

As we are committed to the privacy of your information, we only retain your information (including without limitation the Biometric Data) for as long as we need it to provide the Site and/or App to you. We may retain limited information to meet legal or compliance obligations our company must meet. If applicable law allows, you may request that we delete your information (including without limitation the Biometric Data). In some circumstances we may anonymize your information (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice. In addition, we may retain aggregated, anonymized, or de-personalized information indefinitely.

THIRD PARTY WEBSITES AND VENDORS

We utilize third party websites and vendors to help us provide the Site and/or App. For details on the third party websites and vendors we use, please write info@biographbook.com

ACCESSIBILITY

If you are visually impaired, you may access this Notice through your browser’s audio reader.