Drone Pals Privacy Notice

DronePals Privacy Notice

September 13 2020

Welcome to Drone Pals, a community for drone photography enthusiasts and professionals!
 

Your privacy is important to us.

Protecting your privacy is really important to us. We pledge to respect your privacy, to be transparent about our data practices, to keep your data safe and to only collect data that helps us deliver and improve our Services. With this in mind, we’re providing this Privacy Notice to explain our practices regarding the collection, use and disclosure of information that we receive through our Services. This Privacy Notice does not apply to any third-party websites, services or applications, even if they are accessible through our Services. Our CEO serves as our Data Protection Officer.

In this Privacy Notice:

  • We’ll refer to Drone Pals as “Drone Pals” or “we” or “us”.
  • We’ll refer to our website as the Site.
  • We’ll refer to the suite of services we provide individually and collectively, as the “Services”.
  • We’ll refer to you, the person or entity accessing our Site or using our Services, as “you” or “your” or (if you are a purchaser of our Services), our “customer”.

Some other important terms related to this Privacy Notice

What is a Data Controller? For general data protection regulation purposes, the “Data Controller” means the organization who decides the purposes for which, and the way in which, any Personal Information is processed. Our customers and website visitors are the Data Controllers. 

What is a Data Processor? A “Data Processor” is an organization which processes Personal Information for a Data Controller. We are the Data Processor for our customers. As a Data Processor, we may be bound by the requirements of the General Data Protection Regulations (the “GDPR”).

What is Data Processing? Data processing is any operation or set of operations (whether automated or not) performed upon Personal Information. Examples of data processing explicitly listed in the text of the GDPR are: collection, recording, organizing, structuring, storing, adapting, altering, retrieving, consulting, using, disclosing by transmission, disseminating or making available, aligning or combining, restricting, erasure or destruction.

 

What is Personal Information? Personal information is any information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual. 

may includePersonal Information does not include “aggregated and de-identified” or other non-personally identifiable information. Aggregated and de-identified information is information that we collect about a group of individuals that is not personally identifiable or from which individual identities are removed.

Restrictions; Information about Children.

We offer the Services only to adults age 18 and over. We strive to comply with the requirements of COPPA (Children’s Online Privacy Protection Act). We do not knowingly collect any Personal Information from children under the age of 16. If we discover we have received any Personal Information from a child under the age of 16 then we will take reasonable steps to delete the information as quickly as possible. If you believe we have any such information please contact us as described at “Contacting Us” below.

How do we collect Personal Information?

The Personal Information we collect depends on how you interact with us and the choices you make. We collect and process personal data about you with your consent and/or as necessary to provide the products you use, operate our business, meet our contractual and legal obligations, protect the security of our systems and our customers, or fulfil other legitimate interests.

We collect Personal Information in several ways:

  • Information you provide to us voluntarily. We may ask you to provide Personal Information voluntarily, including information you provide us when you contact us for help through the Services. Whenever you contact us for help, we collect your name and email address along with additional information you provide in your request so that we can provide you with assistance and improve the Service. If you make a purchase, we may also collect credit card numbers and other payment information.
  • Information we may receive from third parties. We may receive information about you, including Personal information, from third parties, and may combine this information with other Personal Information we maintain about you. If we receive information about you, including Personal information, from third parties, this Privacy Notice governs any combined information that we maintain in personally identifiable format.
  • Information we collect automatically from your device when you visit our Site or use our Services. Some of this information may be collected using cookies and similar technologies that are discussed below.
  • Information we collect using officially sanctioned payment processor integrations. Customers who elect to connect their payment processors to us using their payment processor’s official integrations allow us to collect relevant data directly from the payment processor.

What information do we collect?

We may collect the following types of Personal Information from you:

  • Your first and last name, username and email address.
  • Your company’s name.
  • Your (and/or your company’s) physical address.
  • We may also collect information about your use of our Site and our Services. That information could include digital device information such as your Internet Protocol (IP) address, browser type, user settings, operating system, and internet activity information about how your device has interacted with our Site or Services such as the web page that you were visiting before accessing our Site, the pages or features of our Site which you browsed and the time spent on those pages or features, search terms, the links on our Site that you clicked on and how you interact with marketing emails and other communications we may send you. An IP or Internet Protocol Address is a unique numerical address assigned to a computer as it logs on to the internet).

We may also permit third-party online advertising networks to collect information (through Cookies or similar tracking technology) about your visits to our Site and use of our Services, in order to allow those third-party networks to display ads on third party websites and apps that may be relevant to your interests in our Services. You may be able to opt-out from allowing these third-party online advertising networks to collect your Personal Information; please see the “Your Choices” and “Data Protection Rights” sections below.

For what do we use your Personal Information?

We will use your Personal Information in compliance with this Privacy Notice to maintain and improve the quality of our Site, to help us deliver the Services to you, and to improve the Services. Any of the information we collect from you may be used in any of the following ways:

  • To operate, maintain, and provide to you the features and functionality of the Services (for example, data and logs are used to understand and improve the Services; to troubleshoot the Services; to detect and protect against error, fraud or other criminal activity; and to enforce this Privacy Notice and the Drone Pals Terms of Service).
  • To compile statistics and analysis about your and others’ use of our Site and our Services.
  • To personalize your experience (for example, to display content, including advertising, that is customized to your interests and preferences) — your Personal Information helps us to better respond to your individual needs.
  • To improve our Site and our Services — we continually strive to improve our Site offerings based on the information and feedback we receive from you.
  • To improve customer service — your Personal Information helps us to more effectively respond to your customer service requests and support needs.
  • To send periodic emails — the email address you provide may be used to send you information and notifications that you request about our Services, to alert you of updates to our policies and Services, and  to provide you information relevant to your account.
  • To send you a newsletter.
  • If you purchase our Services, then to enable you to purchase Services from our Site.
  • We may also use Personal Information you provide to contact you regarding products, services, and offers that we believe you may find of interest. We allow you to opt-out from receiving marketing communications from us as described in the “Your Choices” and “Data Protection Rights” sections below.
  • We store specific location data in your Drone Pals account.
  • In addition, de-identified data that does not identify you may be used to market and promote Drone Pals offerings; or for sale to interested audiences. See “Do We Disclose any Personal Information to Outside Parties?” to learn more.

 

We may also use your Personal Information where necessary for us to comply with a legal obligation, including to share information with government and regulatory authorities when required by law or in response to legal process, obligation, or request.

  • We cooperate with government and law enforcement officials or private parties to enforce and comply with the law. We may disclose your Personal Information to government or law enforcement officials or private parties as we believe necessary or appropriate: (i) to respond to claims, legal process (including subpoenas); (ii) to protect our property, rights and safety and the property, rights and safety of a third party or the public in general; and (iii) to stop any activity that we consider illegal, unethical or legally actionable activity.

If required to do so by applicable data privacy laws, we will request your consent before we use or disclose your Personal Information for a materially different purpose than those set forth in this Notice. Consent may be obtained by any legally sufficient method. For example, depending on the circumstances and applicable laws, consent may be obtained by providing you with notice and the opportunity to opt-out.

Your Choices About Your Personal Information

We may use the information we collect or receive to communicate directly with you. We may send you emails containing newsletters, promotions and special offers. If you do not want to receive such email messages, you will be given the option to opt out. If you receive commercial email from us, you may unsubscribe at any time by following the instructions contained within the email. You may also opt out from receiving commercial email from us by sending us an email or by writing to us at the address given at the end of this Privacy Notice. Additionally, if we offer user accounts for our Services, we may allow you to view and modify settings relating to the nature and frequency of promotional communications that you receive from us. Please be aware that if you opt out of receiving commercial e-mail from us, it may take up to ten business days for us to process your opt-out request, and you may receive commercial e-mail from us during that period. Additionally, even after you opt out from receiving commercial messages from us, if you are our customer then you will continue to receive administrative messages from us regarding our Services (e.g., account verification, purchase and billing confirmations and reminders, changes/updates to features of the Service, technical and security notices).

You may modfy Personal Information that you provide to us. If you are our customer and remove data from your Drone Pals user account for our Services, it will no longer appear to you. Backups of that data will remain associated with your Drone Pals account and in our archive servers.

Your Rights to Opt Out. You can opt-out of receiving commercial email or other email not directly related to patient data or your account settings by unsubscribing via the “Unsubscribe” link in any Drone Pals email. If you are our customer then opting-out of these emails will not end transmission of important service-related emails that are necessary to your use of the Services. In addition, you may opt out of allowing third-party online advertising networks to collect information from our Site by adjusting the browser “settings” on your computer or mobile device. Please refer to your mobile device or browser’s technical information for instructions on how to delete and disable cookies, and other tracking/recording tools. Depending on your type of device, it may not be possible to delete or disable tracking mechanisms on your mobile device. Note that disabling cookies and/or other tracking tools prevents us or our business partners from tracking your browser’s activities in relation to the Service, and for use in targeted advertising activities by third parties. However, doing so may disable many of the features available through the Services. If you have any questions about opting out of the collection of cookies and other tracking/recording tools, you can contact us directly.

Data Protection Rights

Drone Pals supports the exercise of your data protection rights in accordance with applicable data protection laws.

Your Rights

Other rights you have include the rights to:

  • Withdraw your consent for us to process your Personal Information.
    • You have the right to withdraw consent where you have previously given your consent to the processing of their Personal Information.
  • Object to the processing of your Personal Information.
    • You have the right to object to the processing of your Personal Information if the processing is carried out on a legal basis other than consent
  • Ask for a copy of your Personal Information.
    • This is known as a Subject Access Request. If you would like a copy of some or all your Personal Information, please email team@dronepals.com.
  • Ask us to correct your Personal Information.
    • It is your right to lodge an objection to the processing of your Personal Information if you believe that the legal ground “relating to your particular situation” applies. The only reasons we will be able to deny your request is if we can show compelling legitimate grounds for the processing, which override your interest, rights and freedoms, or the processing is for the establishment, exercise or defense of a legal claims.
  • Ask us to transfer your Personal Information to other organizations.
  • Ask us to erase certain categories or types of information.
    • If you choose to remove your Personal Information, you acknowledge that we may retain archived copies of your Personal Information in order to satisfy our legal obligations, or where we reasonably believe that we have a legitimate reason to do so.
  • Ask us to restrict certain processing.
    • You have the right to object to processing of Personal Information. Where we have asked for your consent to process information, you have the right to withdraw this consent at any time.
  • “Opt out” of certain sharing of Personal Information.
    • You may limit or “opt out” of our sharing your Personal Information with third parties.
    • For further information on opting out, please see the “Your Choices” section of this Privacy Notice.
  • Lodge a complaint.
    • You have the right to bring a claim before a competent data protection authority.

In addition, if you are a California resident (or otherwise have these rights under applicable data protection law):

  • You can request to know, access, correct, update or delete your Personal Information by contacting us using the contact details provided under “Contacting Us” below, and we will fulfill your request in accordance with applicable data protection laws. We may need to verify your identity in order to action your request, including by asking for you to provide a government issued identification document. Once we have verified you, we will respond and comply with your specific requests.
  • You have the right to opt-out of marketing communications we send you at any time. You can exercise this right by clicking on the “unsubscribe” or “opt-out” link in the marketing e-mails we send you. To opt-out of other forms of marketing (such as postal marketing or telemarketing), then please contact us using the contact details provided under “Contacting Us.”

California residents also have the following rights:

  • This Privacy Notice describes the categories of Personal Information that we have collected, disclosed for a business purpose and sold over the preceding twelve (12) months. Please refer to the sections “What information do we collect?” and “Do we disclose any Personal Information to outside parties?” for more information.
  • You are entitled to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. If you are a California resident and would like to request this information then please submit a request to Drone Pals as described below at “Contacting Us.”
  • You have the right to opt out of the sale of your Personal Information, described in the Section “Do we disclose any Personal Information to outside parties?” If you wish to opt out from the sale of your Personal Information, you can do so by contacting us as described below at “Contacting Us.”
  • You have the right not to receive discriminatory treatment for the exercise of your privacy rights under California law.

How do we protect your Personal Information?

We care about the security of your Personal Information and strive to protect it. To help protect your privacy and security, we use appropriate security measures to protect the security of your Personal Information both online and offline. These security measures vary based on the sensitivity of the information.  However, no website or internet transmission is completely secure and we cannot guarantee that information on the Services may not be accessed, disclosed, altered, or destroyed. And you are responsible for maintaining the secrecy of your unique password and account information and email communications while they are under your control. Upon becoming aware of a breach of your Personal Information, we will notify you as quickly as we can and will provide timely information relating to the breach as it becomes known in accordance with any applicable laws and regulations or as is reasonably requested by you. If you have any concerns over the security of your Personal Information, please contact us at team@dronepals.com.

 

Do we use cookies?

Yes. Cookies are small files that a website or its service provider transfers to your computer’s hard drive through your Web browser (if you allow). These cookies enable the Site to recognize your browser and, if you have a registered account, associate it with your registered account. We may use both session Cookies and persistent Cookies to identify that you’ve logged in to the Services and to tell us how and when you interact with our Site. We use cookies to remember information so that you will not have to re-enter it during your visit or the next time you visit the Site, and to understand and save your preferences for future visits and compile aggregate data about the Site’s traffic and interaction so that we can offer better experiences and tools in the future.

We may also use Cookies to provide aggregated information on Site usage and patterns. We may also use Cookies to monitor web traffic routing on our Services and to customize and improve our Services, to provide custom, personalized content and information relevant to your interest in our Services, including advertising, and to diagnose or fix technology problems.

Unlike persistent Cookies, session Cookies are deleted when you log off from the Services and close your browser. Although most browsers automatically accept Cookies, you can change your browser options to stop automatically accepting Cookies or to prompt you before accepting Cookies. Please note, however, that if you don’t accept Cookies, you may not be able to access all portions or features of the Site or the Services. We may also collect information via standard server logs or clear GIFs (also known as “Web beacons”). Web beacons and pixel tags are images embedded in a webpage or email for the purpose of measuring and analyzing usage and activity. Drone Pals, or third-party service providers acting on our behalf, may use web beacons and pixel tags to help us analyze usage and improve our functionality.

Analytics

Our Site may include Cookies from third-party service providers. In some cases, that is because we have hired the third party to provide services on our behalf, such as site analytics. For this purpose, Drone Pals may work with various third-party partners like Amazon, Facebook and/or Google to see what actions you take on third party websites to deliver our personalized ads to you via third party websites. We use Demographics and Interest reporting features in Google Analytics to inform our requests to our service providers.

Our third-party partners like Google use Cookies on our site to

  • Measure and analyze aggregate usage and volume statistical information from our users on our site. Information gathered may include, but is not limited to the following: activity of the user browser when the user is visiting the site, the site path of users, general information regarding the visitor’s internet service provider and host, and the time users come to the site.
  • Remember our users’ previous search of products and services, and dynamically display more relevant content to them.
  • Record users’ behavior on our site, such as pages visited, emails clicked, forms completed and products and services purchased to create customized advertisements and communications that better meet your needs.
  • Evaluate user traffic and behavior on the site to compile activity reports.
  • Conduct research and diagnostics to improve our products and services.
  • Identify users arriving at the site via a referral from an affiliate website or sponsored link.

Google’s ability to use and share information collected by Google Analytics about your visits to this site is restricted by the Google Analytics Terms of Use and the Google Privacy Policy. Learn more about privacy at Google here.

“Do Not Track” options will not affect how we use your Personal Information

Although we do our best to honor the privacy preferences of our customers, we are not able to respond to Do-Not-Track signals from your browser at this time. As discussed above, we track our Site’s usage information through the use of cookies for analytic and internal purposes only. Because we do not collect this information to track you after you leave our Site across websites or apps over time, your selection of the “Do Not Track” option provided by your browser will not have any effect on our collection of cookie information for analytics or internal purposes.

Who at Drone Pals may access your Personal Information?

Designated members of our staff may access your Personal Information to help you with any questions you have, including help using our Services, or investigating security issues. This activity is logged in our system for compliance, and we maintain different levels of access for various employees depending on his or her role in our company.  Some types of Personal Information may be accessible only to certain types of employees, consultants, or contractors who need to know this Personal Information to perform the tasks associated with the worker’s role (finance, administration, sales, marketing, legal, system administration).

Do we disclose any Personal Information to outside parties?

We may disclose Personal Information to third parties for a variety of business or commercial purposes. This includes the following disclosures:

  • We may share your Personal Information with other companies owned by or under common ownership with Drone Pals, which also includes our subsidiaries (i.e., any organization we own or control). As of the date of this Privacy Notice Drone Pals is a brand name of Drone Pals, LLC; we have no other group companies.
    • These companies may use your Personal Information in the same way as we can under this Privacy Notice for our operational business purposes.
  • We may disclose your Personal Information to third-party service providers (for example, payment processing, data storage and processing facilities) that assist us in our work for our operational business purposes.
    • We limit the Personal Information provided to these service providers to that which is reasonably necessary for them to perform their functions, and we require them to agree to maintain the confidentiality of such Personal Information.
  • We may contract with third-party service providers to assist us in better understanding our Site’s visitors.
    • These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business.
  • We may also release your Personal Information when we believe release is appropriate to comply with the law, enforce our Site’s policies, or protect our or others’ rights, property, or safety.
    • In particular, we may release your Personal Information to third parties as required to (i) satisfy any applicable law, regulation, subpoena/court order, legal process or other government request, (ii) enforce our Terms of Use, including the investigation of potential violations thereof, (iii) investigate and defend ourselves against any third party claims or allegations, (iv) protect against harm to the rights, property or safety of Drone Pals, its users or the public as required or permitted by law and (v) detect, prevent or otherwise address criminal (including fraud or stalking), security or technical issues.
  • If you ask us to do so, we may share your Personal Information with the public and other users of the Services. Any information or content that you voluntarily disclose for public posting to the Service, such as user-generated content, becomes available to the public. If you remove information that you posted to the Services, copies may remain viewable in cached and archived pages of the Service, or if other users of the Services have copied or saved that information.
  • You can direct us to share data with other parties. Once you direct us to share your data with a third party, that data is governed by the third party’s Privacy Notice.
  • We may also share certain information such as your location, browser and cookie data and other data relating to your use of our Services with our business partners to deliver advertisements (“ads”) that may be of interest to you.
    • We may allow third-party ad servers or ad networks to serve advertisements services related to our business, such as moving or relocation services. These third-party ad servers or ad networks use technology to send, directly to your browser or mobile device, the ads and ad links that appear on the Services, and will automatically receive your IP address when they do so. They may also use other technologies (such as cookies, JavaScript, device identifiers, location data, and clear gifs, see above) to compile information about your browser’s or device’s visits and usage patterns on the Services, and to measure the effectiveness of their ads and to personalize the advertising content.
    • Please note that an advertiser may ask us to show an ad to a certain audience of users of the Site or the Services (for example, based on demographics or other interests). In that situation, Drone Pals determines the target audience and Drone Pals serves the advertising to that audience and only provides anonymous aggregated data to the advertiser. If you respond to such an ad, the advertiser or ad server may conclude that you fit the description of the audience they are trying to reach.
  • Your Personal Information may also be transferred to another company in the event of a transfer, change of ownership, reorganization or assignment of all or part of our businesses or assets.
    • This will occur if the parties have entered into an agreement under which the collection, use and disclosure of the information is limited to those purposes of the business transaction, including a determination whether or not to proceed with the business transaction. You will be notified via email or prominent notice on our websites for thirty (30) days of any such change in ownership or control of your Personal Information or as otherwise may be required or permitted by law.

How do we handle international transfers and processing of your Personal Information?

Drone Pals’s own data centers are located in the United States and by interacting with our Site and using our Services, or otherwise providing your Personal Information to us, your Personal Information will be transferred to and processed in the United States.

In some cases, Drone Pals may share your Personal Information with its subprocessors, to the extent permitted by applicable law. Each of these subprocessors are limited to accessing or using this Personal Information to provide our hosted services only and must provide reasonable assurances that they will appropriately safeguard any customer data provided by Drone Pals. Each of these subprocessors using customer data processes this data in the United States only.

By submitting your Personal Information, you’re agreeing to this transfer, storing or processing. If you are located in the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that we may transfer information, including Personal Information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction. If we transfer your Personal Information from the E.U. and process it in the United States, we do so in accordance with applicable law. With respect to information received or transferred, we are subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, we may be required to disclose personal information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

California Residents

California’s “Shine the Light” law, California Civil Code section 1798.83, requires certain businesses to respond to requests from California customers asking about the business’ practices related to disclosing personal information to third parties for the third parties’ direct marketing purposes. Alternately, businesses may have in place a policy not to disclose personal information of customers to third parties for the third parties’ direct marketing purposes if the customer has exercised an option to opt-out of such information-sharing. We have such a policy in place.

European Data Protection Rights

If the processing of personal data about you is subject to European Union data protection law, you have certain rights with respect to that data:

  • You can request access to, and rectification or erasure of, personal data;
  • If any automated processing of personal data is based on your consent or a contract with you, you have a right to transfer or receive a copy of your personal data in a usable and portable format;
  • If the processing of personal data is based on your consent, you can withdraw consent at any time for future processing;
  • You can to object to, or obtain a restriction of, the processing of personal data under certain circumstances; and
  • For residents of France, you can send us specific instructions regarding the use of your data after your death.

To make such requests, contact us at team@dronepals.com. When we are processing data on behalf of another party that is the Data Controller, you should direct your request to that party. You also have the right to lodge a complaint with a supervisory authority, but we encourage you to first contact us with any questions or concerns. Please be aware that those rights set out above may not apply in some instances, for example where our right to processing your personal data may be necessary for exercising the right of freedom of expression (e.g., news gathering); or for the establishment, exercise or defense of legal claims.

Social Media

On some pages of our Site, we may allow you to share personal data with third parties, such as social networks like Facebook. In these instances, you are agreeing to the data being shared and the shared data is subject to the privacy policies of such third parties. We may combine information we receive from those platforms (e.g., profile information, likes, pageviews) with other information we collect from you or other sources and use and disclose it as described in this privacy policy. Except where required by applicable law or regulation, we do not control and do not assume any responsibility for the use of personal data by such third parties. For more information about the third party’s purpose and scope of their use of personal data in connection with sharing features, please visit the privacy policies of these third parties.

Public Areas

Our Site may include discussion forums or other interactive areas or services, including blogs, chat rooms, bulletin boards, message boards, online hosting or storage services, or other areas or services in which you or third parties create, post or store any content, messages, comments, materials or other items on the sites (“Interactive Areas”). If you use an Interactive Area, you should be aware that these areas are open to the public and any personal data you post or provide at registration may be viewable by others. We are not responsible for public disclosure of personal data you submit in connection with the Interactive Areas, nor are we responsible for how others might use that information, including to send you unsolicited messages. Interactive Area postings may be retained indefinitely. If at any time you would like to request that we remove a posting, please email us at team@dronepals.com.  Please keep in mind that removal of a posting from an Interactive Area does not necessarily mean that the posting will be deleted from our backend systems.

Retention of your Personal Information

We retain your Personal Information for as long as we have a legitimate business purpose to retain the information, or as otherwise allowed by applicable law.

 

Third-party Links

This Privacy Notice only applies to our Site, so when you link to other websites you should read those separate and independent privacy policies. Your browsing and interaction on any third-party websites, app, or service, including those that have a link or advertisement on our Site, are subject to that third party’s own rules and policies. We are not responsible for the practices employed by websites, mobile apps, or services linked to or from the Service, including the information or content contained therein. In addition, you agree that we are not responsible for and we do not have any control over any third parties that you authorize to access your Personal Information. However, we seek to protect the integrity of our Site and welcome any feedback about these websites.

 

Your Consent

By using our Site or Services, or both, you consent to this Privacy Notice.

Changes to our Privacy Notice

We are constantly trying to improve our Site and the Services, so this Privacy Notice may need to change. If we change the Privacy Notice then we will notify you here in this Privacy Notice by describing the changes at the top of this Privacy Notice.

Contacting Us

If you have any questions, comments, complaints or concerns about this Privacy Notice, please contact us using the following contact information. We prefer email.

Drone Pals

Attn: Privacy Issues
1840 E Main Street
Suite 1
Onalaska, Wisconsin 54650
team@dronepals.com

Drone Pals Content License Agreement

Drone Pals Content License Agreement

v. 2020-09-29

This Drone Pals Content License Agreement (this “Agreement”) is a legal agreement between Drone Pals and the other person or entity who agrees to this Agreement (“You”). This Agreement governs your license from Drone Pals of photos, illustrations, vectors, animations, and video clips (individually and collectively, “Content”) delivered to you by Drone Pals, including by allowing you to download such Content from Drone Pals’ website. By downloading and Content from Drone Pals, You accept the terms of this Agreement.

1.     Types of Licenses. Drone Pals offers three types of Content licenses: Standard (Low Resolution); Standard (High Resolution); and Commercial Production.

2.     License Grants; Exception.

a.     Standard Content License – Low Resolution. Subject to Your payment of the applicable license fee, and subject to the License Restrictions set forth below, Drone Pals grants you the limited, personal, non-transferrable, non-sublicensable, perpetual right to use and display the Content solely in digital format. This means that you may use the Content in an electronic format, such as a website, blog, digital advertising, digital promotion, digital editorial, or online social media account; but you may not use the Content, or allow others to use the content, in any printed format.

b.     Standard Content License – High Resolution. Subject to Your payment of the applicable license fee, and subject to the License Restrictions set forth below, Drone Pals grants you the limited, personal, non-transferrable, non-sublicensable, perpetual right to use and display the Content solely in digital format. This means that you may use the Content in an electronic format, such as a website, blog, digital advertising, digital promotion, digital editorial, or online social media account; but you may not use the Content, or allow others to use the content, in any printed format.

c.      Commercial Production Content License. Subject to Your payment of the applicable license fee, and subject to the License Restrictions set forth below, Drone Pals grants you the limited, personal, non-transferrable, non-sublicensable right to use and display the Content in digital or print format. This means that you may use the Content in an electronic format, such as a website, and in physical print formats such as brochures, magazines and posters.

d.     Meaning of “Use.” For the purposes of the license grants set forth above, the word “use” means copy, reproduce, modify, edit, synchronize, perform, display, broadcast, publish, or otherwise make use of, in all cases subject to the License Restrictions.

e.     Exception for Sublicense. Despite the “non-sublicensable” nature of the license grants above, you may allow certain third parties to exercise some of your licensed rights as follows:

i.     If You are licensing Content on behalf of your employer or client, then your employer or client exercise Your rights in the Content, subject to the License Restrictions. In that case, You represent and warrant that You have full legal authority to bind your employer or client to the terms of this Agreement. If You do not have that authority, then your employer or client may not use the Content. The rights licensed may only belong to You or your employer/client, depending on who is named as the “Licensee” at the time you license the Content. In other words, only one of you (and not both) may re-use the Content for multiple projects.

ii.     You may allow subcontractors (for example, your printer or mailing house) or distributors to use the licensed Content in any production or distribution process related to Your final project or end use. These subcontractors and/or distributors must agree to be bound by the terms of this Agreement and may not use the Content for any other purpose.

3.     License Restrictions. You will not, and You will not allow any third party to:

a.     use the Content in a pornographic, defamatory or other unlawful manner, or in violation of any applicable laws or regulations (including for sports content, any restrictions or credentials issued by a sports league or governing body) or industry codes, or in violation of any laws protecting the privacy rights of individuals;

b.     use Content in any way that allows others to download, extract, or redistribute the Content as a standalone file (meaning just the Content file itself, separate from the project or end use);

c.      falsely represent that You are the original creator of a work that is made up largely of the Content (for example, You cannot create artwork based solely on the Content and claim that you are the author);

d.     unless You purchase a Commercial Production license, use the Content in electronic or digital templates intended for resale or other distribution (for example, website templates, business card templates, electronic greeting card templates, brochure design templates);

e.     unless you purchase a Commercial Production license, use the Content (in whole or in part) as the distinctive or distinguishing feature of a trademark, design mark, tradename, business name, service mark, or logo;

f.      unless additional rights are agreed in writing between You and Drone Pals, use any Content marked “editorial” for any commercial, promotional, advertorial, endorsement, advertising or merchandising purpose (This type of content is not model or property released and is intended to be used only in connection with events or topics that are newsworthy or of general public interest, for example, in a blog, textbook, newspaper or magazine article);

g.     register (in any jurisdiction) the Content (in whole or in part) as a trademark or rely on any such registrations, prior use, and/or accrued goodwill to prevent any third party use of the content or any similar content (including by Drone Pals, our customers, or the copyright owner of such content);

h.     unless additional rights are agreed in writing between You and Drone Pals, use the Content (including any caption information, keywords or other metadata associated with Content) for any machine learning and/or artificial intelligence purposes, or for any technologies designed or intended for the identification of natural persons;

i.       unless additional rights are agreed in writing between You and Drone Pals, use the caption information, keywords, accompanying text, or other metadata associated with Content separate and apart from the Content, or allow any third parties to access or use any such information associated with content;

j.       unless additional rights are agreed in writing between You and Drone Pals, use any Content in connection with any goods or services intended for resale or distribution where the primary value lies in the Content itself including, without limitation, cards, stationery items, paper products, calendars, apparel items, posters (printed on paper, canvas, or any other media), DVDs, mobile applications or other items for resale, license or other distribution for profit; or for “on demand” products (meaning products in which content is selected by a third party for customization on such product on a made-to-order basis), including, without limitation, postcards, mugs, t-shirts, posters and other items (this includes the sale of products through custom designed websites, as well as sites such as zazzle.com and cafepress.com); or

k.   unless additional rights are agreed in writing between You and Drone Pals, use any Content as decorative art with a total Content size greater than 1,000 square inches, such as a mural, large art display, or art installation;

l.     use Content that features models or property in connection with a subject that would be unflattering or unduly controversial to a reasonable person (for example, sexually transmitted diseases), unless You indicate: (A) that the Content is being used for illustrative purposes only, and (B) any person depicted in the Content is a model. For example, you could say: “Stock photo. Posed by model.” No disclaimer is required for Content marked “editorial” that is used in a non-misleading editorial manner.

4.     Delivery of Content. Unless otherwise agreed between You and Drone Pals, all Content will be delivered to you electronically (including by allowing you to Download the Content from Drone Pals’ website).

5.     Intellectual Property Ownership.

a.     Ownership. Drone Pals or its Content providers own all Content. All rights not expressly granted in this agreement are reserved by Drone Pals and its Content providers. You may not assert any right to revenue from a collecting society, social media website, content sharing platform or any other third party in respect of photocopying, digital copying, sharing, distribution or other secondary uses of the licensed Content.

b.     Attribution. You do not need to include a photo credit for commercial use, but if you are using Content for editorial purposes, you must include a credit adjacent to the content or in production credits following credit adjacent to the content or in visual production credits as follows: “[Photographer Name] via Drone Pals”. If licensed Content is used in an audio/visual production where credits are accorded to other providers of licensed material, you must include a credit in comparable size and placement. The credit should be in the following form “[Video] [Imagery] supplied by [Artist Name] via Drone Pals”.

c.      Use of Drone Pals Name and Logo. You may use the name of Drone Pals and/or its Content suppliers as necessary to give attribution, but you may not otherwise use their names, logos, or trademarks without prior written approval.

6.     User Accounts; Fees and Taxes.

a.     You will be responsible for tracking all activity for each user account, and You agree to: (i) maintain the security of all passwords and usernames; (ii) notify Drone Pals immediately of any unauthorized use or other breach of security; and (iii) accept all responsibility for activity that occurs under each user account. Drone Pals reserves the right to monitor downloads and user activity to ensure compliance with the terms of this Agreement. If Drone Pals determines that You are in breach of this or any other term of this Agreement, it may suspend access to your account and seek further legal remedies.

b.     You agree to pay all applicable fees associated with Your account and Your licensed Content. You agree to pay and be responsible for any and all sales taxes, use taxes, value added taxes and duties imposed by any jurisdiction as a result of the license granted to You, or of Your use of the licensed Content.

c.      Drone Pals accepts payment by credit card. If You choose to pay by credit card, then You must provide a valid your credit card number, the expiration date of the credit card and the billing address. You represent and warrant that: (a) You have the legal right to use any credit card(s) You provides to Drone Pals and that (b) the credit card information You supply is true, correct and complete. Drone Pals may process credit card payments using third-party payment processor services, and You consent to use of third-party payment processors by Drone Pals, subject to Drone Pals’ Privacy Notice. If Your credit card payment cannot be processed then Drone Pals will issue an electronic invoice to You with other payment options. In the alternative, Drone Pals may cancel any license granted under this Agreement if it reasonably suspects You have submitted incorrect or unauthorized credit card information.

7.     Termination; Content Withdrawal; Refunds.

a.     Drone Pals may terminate this Agreement, or any applicable Content license, at any time if you breach any of the terms of this Agreement, in which case you must immediately: cease using the Content; delete or destroy any copies; and, if requested, confirm to Drone Pals in writing that you have complied with these requirements.

b.     If you use the Content on a social media platform or other third party website and the platform or website uses (or announces that it plans to use) the Content for its own purpose or in a way that is contrary to this Agreement, the rights granted for such use shall immediately terminate, and in that event, upon Drone Pals’ request, you agree to remove any content from such platform or website.

c.      Drone Pals may discontinue licensing any item of Content at any time in its sole discretion. Upon notice from Drone Pals, or upon your knowledge, that any Content may be subject to a claim of infringement of a third party’s right for which Drone Pals may be liable, Drone Pals may require you to immediately, and at your own expense: cease using the Content, delete or destroy any copies; and ensure that your clients, distributors and/or employer do likewise. Drone Pals will provide you with replacement Content (determined by Drone Pals in its reasonable commercial judgment) free of charge, subject to the other terms of this Agreement.

d.     All requests for refunds/cancellations must be made in writing or using the cancellation function on the Drone Pals’ website. Drone Pals does not offer refunds for content that has been downloaded. It is to Drone Pals sole discretion to determine if a refund or credit will be provided.  In the event of a refund or cancellation, Your rights to use the Content terminate, and You must delete or destroy any copies of the Content.

e.     Physical artwork product refunds & returns should adhere to the Drone Pals Physical Product Artwork Return Policy found here.

f.      Despite any termination or expiration of this Agreement (except in the case of Your breach of any provision of this Agreement), Content incorporated into projects or end uses prior to the termination or expiration of this Agreement may continue to be used in perpetuity in that project and in any other projects. Any Content not included in a project prior to the termination or expiration of this Agreement is not considered licensed and must be deleted. Drone Pals may terminate any licenses before the end of the subscription period if it reasonably believes there is a violation of this Agreement and/or abuse of Your account, in which case You must immediately: cease using the Content; delete or destroy any copies; confirm to Drone Pals in writing that you have complied with these requirements; and pay Drone Pals any amounts which remain owing.

g.     Any expiration or termination of this Agreement shall be without prejudice to any other rights or remedies a party may be entitled to hereunder or at law and shall not affect any accrued rights or liabilities of either party.

h.     Sections 3, 5-7, 8(c), 8(d) and 9-11, all associated definitions, and all accrued rights to payment shall survive any expiration or termination of this Agreement.

8.     Representations and Warranties.

a.     For all licensed Content (excluding content marked “editorial”), Drone Pals warrants that Your use of such Content in accordance with this Agreement and in the form delivered by Drone Pals (that is, excluding any modifications, overlays or re-focusing done by you) will not infringe on any copyrights, moral rights, trademark or other intellectual property right of the Content owner/creator, and will not violate any right of privacy or right of publicity of the Content owner/creator. Note that you are solely responsible for any edits made to the Content.

b.     For content identified as “editorial use only,” Drone Pals warrants that the content will not infringe on any copyright or moral right of the artist, but it does not grant any right or make any warranty with regard to the use of names, people, trademarks, trade dress, logos, registered, unregistered or copyrighted designs, works of art or architecture depicted or contained in the content. In such cases, You are solely responsible for determining whether release(s) is/are required in connection with your proposed use of the content identified as “editorial use only,” and You are solely responsible for obtaining such release(s). You acknowledge that no releases are generally obtained for content identified as “editorial use only,” and that some jurisdictions provide legal protection against a person’s image, likeness or property being used for commercial purposes when they have not provided a release.

c.      DISCLAIMERS. Unless specifically warranted above, Drone Pals does not grant any right or make any warranty with regard to the use of names, people, trademarks, trade dress, logos, registered, unregistered or copyrighted audio, designs, works of art or architecture depicted or contained in the Content. While Drone Pals has made reasonable efforts to correctly categorize, keyword, caption and title the content, Drone Pals does not warrant the accuracy of such information, or of any metadata provided with the Content.

d.     Except as provided in this section above, the Content is provided “as is” without representation, warranty or condition of any kind, either express or implied, including, but not limited to, implied representations, warranties or conditions of merchantability, or fitness for a particular purpose or non-infringement. Drone Pals does not represent or warrant that the content or its websites will meet your requirements or that use of the content or websites will be uninterrupted or error free.

9.     Indemnification.

a.     You agree to defend, indemnify and hold harmless Drone Pals and its parent, subsidiaries, affiliates, and Content suppliers, and each of their respective officers, directors and employees, from all damages, liabilities and expenses (including reasonable outside legal fees) arising out of or in connection with (i) Your use of any Content outside the scope of this Agreement; (ii) any breach or alleged breach by You (or anyone acting on Your behalf) of any of the terms of this Agreement; and (iii) your failure to obtain any required release for Your use of Content.

b.     Provided that you are not in breach of this Agreement or any other agreement with Drone Pals, and as your sole and exclusive remedy for any breach of the warranties set forth above, Drone Pals agrees, subject to the terms of this Section, to defend, indemnify and hold harmless you, your corporate parent, subsidiaries and affiliates, and each of your respective officers, directors and employees from all damages, liabilities and expenses (including reasonable outside legal fees) arising out of or in connection with any breach or alleged breach by Drone Pals of its warranties above. This indemnification does not apply to the extent any damages, costs or losses arise out of or are a result of modifications made by you to the content or the context in which the content is used by you. This indemnification also does not apply to your continued use of content following notice from Drone Pals, or upon Your knowledge, that the Content is subject to a claim of infringement of a third party’s right.

c.      The party seeking indemnification must promptly notify in writing the other party about the claim. The indemnifying party (the one covering the costs) has the right to assume the handling, settlement or defense of any claim or litigation. The indemnified party (the one not covering the costs) has to cooperate in any way reasonably requested by the indemnifying party. The indemnifying party will not be liable for legal fees and other costs incurred prior to the other party giving notice of the claim for which indemnity is sought.

10.  Limitations of Liability.

a.     DRONE PALS WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY LOST PROFITS, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR OTHER SIMILAR DAMAGES, COSTS OR LOSSES ARISING OUT OF THIS AGREEMENT, EVEN IF DRONE PALS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIABILITY.

b.     TO THE FULLEST EXTENT ALLOWABLE BY APPLICABLE LAW, IN NO EVENT WILL DRONE PALS’ MAXIMUM AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNTS YOU HAVE PAID TO DRONE PALS UNDER THIS AGREEMENT.

11.  General Provisions.

a.     This Agreement is personal to You and is not assignable by You without Drone Pals’ prior written consent. Drone Pals may assign this Agreement, without notice or consent, to any corporate affiliate or to any successor in interest, provided that such entity agrees to be bound by these terms.

b.     Upon reasonable notice, You agree to provide to Drone Pals sample copies of projects or end uses that contain licensed Content, including by providing Drone Pals with free of charge access to any pay-walled or otherwise restricted access website or platform where Content is reproduced. In addition, upon reasonable notice, Drone Pals may, at its discretion, either through its own employees or through a third party, audit Your records directly related to this Agreement and Your use of licensed Content in order to verify compliance with the terms of this Agreement. If any audit reveals an underpayment by You to Drone Pals of five percent (5%) or more of the amount You should have paid, then in addition to paying Drone Pals the amount of the underpayment, You also agree to reimburse Drone Pals for the costs of conducting the audit. Where Drone Pals reasonably believes that Content is being used outside of the scope of the license granted under this Agreement, you agree, at Drone Pals’ request, to provide a certificate of compliance signed by You or an officer of Your company, in a form to be approved by Drone Pals.

c.      You agree to retain the copyright symbol, the name of Drone Pals, the Content’s identification number and any other information that may be embedded in the electronic file containing the original Content, and to maintain appropriate security to protect the Content from unauthorized use by third parties. You may make one (1) copy of the Content for back-up purposes.

d.     This Agreement will be governed by the laws of the State of Wisconsin, U.S.A., without reference to its laws relating to conflicts of law. Any disputes arising from or related to this agreement shall be finally settled by binding, confidential arbitration by a single arbitrator selected using the rules and procedures for arbitrator selection under the JAMS’ Expedited Procedures in its Comprehensive Arbitration Rules and Procedures (“JAMS”) in effect on the date of the commencement of arbitration. The sole venue for any such arbitration shall be in La Crosse County, Wisconsin. The decision of the arbitrator shall be final and binding on the parties, and judgment may be entered on the arbitration award and enforced by any court of competent jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not govern this Agreement. The prevailing party shall be entitled to recover its reasonable legal costs relating to that aspect of its claim or defense on which it prevails, and any opposing costs awards shall be offset. Despite the foregoing, Drone Pals shall have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief against You in the event that, in the opinion of Drone Pals, such action is necessary or desirable to protect its, or its Content providers’ intellectual property rights.

e.     If one or more of the provisions in this Agreement is found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions should not be affected. Such provisions should be revised only to the extent necessary to make them enforceable.

f.      No action of either party, other than express written waiver, may be construed as a waiver of any provision of this Agreement.

g.     No terms of conditions of this Agreement may be added or deleted unless made in writing and accepted in writing by both parties, or issued electronically by Drone Pals and accepted in writing by you. In the event of any inconsistency between the terms of this Agreement and the terms contained on any purchase order sent by you, the terms of this Agreement will apply.

h.     All notices required to be sent to Drone Pals under this Agreement should be sent via email to team@dronepals.com. All notices to You will be sent via email to the email set out in Your account.

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