WeVideo Privacy Policy

Effective as of September 11, 2024.

Please click here to view the previous version of our Privacy Policy.

If you are in Europe and under 13 years of age, click here to view the European Privacy Policy for Children.

WeVideo, Inc. and our subsidiaries and affiliates, including PlayPosit, (“WeVideo”, “we”, “us” or “our”) provide a cloud-based video editing platform (“Platform”) and related services. This Privacy Policy describes how we process personal information that we collect through our digital or online properties or services that link to this Privacy Policy, including our websites (www.wevideo.com and https://go.playposit.com/) (collectively, our “Site”), mobile application, social media pages, marketing activities, live events, our Platform, and other activities described in this Privacy Policy (collectively, the “Service”).

You may be a user of the Platform in one of the following contexts:

• in your capacity as an individual (“WeVideo User”); 
• via an educational institution such as a school (“Education Services User”); or
• via a business through direct sales channels (“Enterprise Services User”). 

If you are an Education Services User, this Privacy Policy does not apply to information that we process on behalf of our education or business customers when we provide the Platform to such customers.  Please see our Education Services section below the terms that apply to Education Services Users. If you are an Education Services User, please note our use of personal information that we process on behalf of our education or business customers may also be governed by our agreements with such customers. If you have concerns regarding your personal information that we process on behalf of such customers, please direct your concerns to the relevant education institution or business.

CCPA NOTICE: We adopt this notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”). Any terms defined in the CCPA have the same meaning when used in this Privacy Policy.

NOTICE TO EUROPEAN USERS: Please see the Notice to European users section for additional information for individuals located in Switzerland, the European Economic Area or United Kingdom (which we refer to as “Europe”, and “European” should be understood accordingly) below.

NOTE REGARDING CHILD USERS: Please see the Children section below for additional information regarding users of the Platform who are under the age of 13 in the U.S.  

Index

• Personal information we collect
• How we use your personal information
• How we share your personal information
• Retention
• Your choices
• Other sites and services
• Security
• International data transfers
• Children
• Changes to this Privacy Policy
• State privacy rights notice
• Notice to European users
• Data processing outside Europe
• WeVideo Education Services
• How to contact us

Personal information we collect

The personal information we collect through our Services may include the following (as categorized by CCPA):

• Identifiers you provide directly such as email address, name, phone number, postal address, online identifier, unique personal identifier, or other similar identifiers 
• Personal information categories identified in the California customer records statute such as email address, name, phone number, or postal address
• Protected classification characteristics such as age
• Commercial information such as records or products or services purchased
• Identifiers collected through use of the services, such as unique online or device identifiers, IP address, device or session IDs and information regarding your system configuration (operating system and version), network, and connected hardware (e.g., computer or mobile device and carrier) and software applications (e.g., other applications installed on mobile device)
• Internet and other network activity, such as browsing and search history; and interactions with a website or application
• Education information
• Employment related information 

We do not collect, biometric information; geolocation data; sensory data, or inferences drawn from other personal information.

Information you provide to us. Personal information you may provide to us through the Service or otherwise includes:

• Contact data, such as your first and last name, salutation, email address, billing and mailing addresses, professional title and company name, and phone number.
• Demographic data, such as your city, state, country of residence, postal code, and age.
• Profile data, such as the username and password that you may set to establish an online account on the Platform, date of birth, photograph or picture, links to your profiles on social networks, preferences, and any other information that you add to your account profile.  
• Communications data based on our exchanges with you, including when you contact us through the Service, social media, or otherwise. 
• Transactional data, such as information relating to or needed to complete your orders on or through the Service, including order numbers and transaction history. 
• Payment data needed to complete transactions, including payment card information. Such information is collected and processed directly by our payment processors, as described in further detail below.
• Marketing data, such as your preferences for receiving our marketing communications and details about your engagement with them.
• User-generated content data, such as photos, images, music, videos, works of authorship, comments you make on videos, and other content or information that you generate, transmit, or otherwise make available on the Platform, as well as associated metadata. Metadata includes information on how, when, where and by whom a piece of content was collected and how that content has been formatted or edited, including any video effects used. Metadata also includes information that users can add or can have added to their content, such as keywords, geographical or location information, and other similar data. 
• Promotion data, including information you share when you enter a competition, promotion or complete a survey. Please note that if you participate in a sweepstakes, contest or giveaway through the Service, we may ask you for your Contact Data to notify you if you win or not, to verify your identity, determine your eligibility, and/or to send you prizes. In some situations, we may need additional information as a part of the entry process, such as a prize selection choice. These sweepstakes and contests are voluntary. We recommend that you read the rules and other relevant information for each sweepstakes and contest that you enter.
• Other data not specifically listed here, which we will use as described in this Privacy Policy or as otherwise disclosed at the time of collection.

Third-party sources. We may combine personal information we receive from you with personal information we obtain from other sources, such as:

• Public sources we utilize in connection with our sales efforts, such as public records, social media platforms, and other publicly available sources.
• Private sources we utilize in connection with our sales efforts, such as data providers, and data licensors. 
• Marketing partners, such as joint marketing partners and event co-sponsors.
• Third-party services, such as social media services, that you use to log into, or otherwise link to, your Service account – including Google, Office 365, Facebook, Apple, and Yahoo. This data may include your username, profile picture and other information associated with your account on that third-party service that is made available to us based on your account settings on that service.

Automatic data collection. We, our service providers, and our business partners may automatically log information about you, your computer or mobile device, and your interaction over time with the Service, our communications and other online services, such as:

• Device data, such as your computer or mobile device’s operating system type and version, manufacturer and model, browser type, screen resolution, RAM and disk size, CPU usage, device type (e.g., phone, tablet), IP address, unique identifiers (including identifiers used for advertising purposes), language settings, mobile device carrier, radio/network information (e.g., Wi-Fi, LTE, 3G), and general non-precise location information such as city, state or geographic area.
• Online activity data, such as pages or screens you viewed, how long you spent on a page or screen, the website you visited before browsing to the Site, navigation paths between pages or screens, information about your activity on a page or screen, access times and duration of access, and whether you have opened our emails or clicked links within them.
• Communication interaction data, such as your interactions with our email, text or other communications (e.g., whether you open and/or forward emails) – we may do this through use of pixel tags (which are also known as clear GIFs), which may be embedded invisibly in our emails. 

Cookies and similar technologies. Some of our automatic data collection is facilitated by cookies and similar technologies. For more information, see our Cookie Policy. Some of the technologies we use include:

• Cookies, which are small text files that websites store on user devices and that allow web servers to record users’ web browsing activities and remember their submissions, preferences, and login status as they navigate a site. Cookies used on our sites include both “session cookies” that are deleted when a session ends, “persistent cookies” that remain longer, “first party” cookies that we place and “third party” cookies that our third-party business partners and service providers place. 
• Local storage technologies, like HTML5, that provide cookie-equivalent functionality but can store larger amounts of data on your device outside of your browser in connection with specific applications. 
• Web beacons, also known as pixel tags or clear GIFs, which are used to demonstrate that a webpage or email was accessed or opened, or that certain content was viewed or clicked. 
• Session-replay technologies, that employ software code to log users’ interactions with the Service in a manner that allows us to watch video replays of those user sessions. The replays include users’ clicks, mobile app touches, mouse movements, scrolls and keystrokes/key touches during those sessions. These replays help us diagnose usability problems and identify areas for improvement.

Data about others. You may submit personal information about others to the Platform (e.g., video or audio of another person). We may also offer features that help users invite their friends or contacts to use the Platform, and we may collect contact details about these invitees so we can deliver their invitations. Please do not submit personal information about others to or on our Platform unless you have their permission to do so. 

How we use your personal information

We may use your personal information for the following purposes or as otherwise described at the time of collection:

Service delivery and operations. We may use your personal information to:

• provide, operate and improve the Service and our business (e.g., processing the terms you search for in order to return content that you can use on the Platform);
• personalize the Platform (e.g., remembering your selections and preferences as you navigate the Platform, and suggest related content to help you improve your creative process);
• establish and maintain your user profile on the Platform;
• facilitate your invitations to friends who you want to invite to join the Platform;
• facilitate social features of the Service, such as by identifying and suggesting connections with other users of the Service;
• enable security features of the Service, such as by sending you security codes via email or SMS, and remembering devices from which you have previously logged-in;
• communicate with you about the Service, including by sending Service-related announcements, updates, security alerts, and support and administrative messages;
• communicate with you about events or contests in which you participate;
• understand your needs and interests, and personalize your experience with the Service and our communications; and
• provide support for the Platform, and respond to your requests, questions and feedback.
• dispute resolution services, including when acting as an Independent Recourse Mechanism (“IRM”) under the EU-U.S Data Privacy Framework, the UK extension to the EU-U.S. Data Privacy Framework, and/or the Swiss-U.S. Data Privacy Framework (collectively, the “DPF”)

Research and development. We may use your personal information for research and development purposes, including to analyze and improve the Service and our business and to develop new products and services. For example, we may analyze the features of the Platform that you use most frequently in order to optimize product design. As part of these activities, we may create aggregated, de-identified and/or anonymized data from personal information we collect. We make personal information into de-identified or anonymized data by removing information that makes the data personally identifiable to you. We may use this aggregated, de-identified or otherwise anonymized data and share it with third parties for our lawful business purposes, including to analyze and improve the Service.

Events, promotions and contests. We may use your personal information to: 

• administer promotions and contests;
• communicate with you about promotions or contests in which you participate; and
• contact or market to you after collecting your personal information at an event

Service improvement and analytics. We may use your personal information to analyze your usage of the Service, improve the Service, improve the rest of our business, help us understand user activity on the Service, including which pages are most and least visited and how visitors move around the Site, as well as user interactions with our emails, and to develop new products and services. 

Compliance and protection. We may use your personal information to:

• comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas, investigations or requests from government authorities;
• protect our, your or others’ rights, privacy, safety or property (including by making and defending legal claims); 
• audit our internal processes for compliance with legal and contractual requirements or our internal policies; 
• enforce the terms and conditions that govern the Service; and 
• prevent, identify, investigate and deter fraudulent, harmful, unauthorized, unethical or illegal activity, including cyberattacks and identity theft.  

With your consent. In some cases, we may specifically ask for your consent to collect, use or share your personal information, such as when required by law.   

To create aggregated, de-identified and/or anonymized data. We may create aggregated, de-identified and/or anonymized data from your personal information and other individuals whose personal information we collect. We make personal information into de-identified and/or anonymized data by removing information that makes the data identifiable to you. We may use this aggregated, de-identified and/or anonymized data and share it with third parties for our lawful business purposes, including to analyze and improve the Service and promote our business.  

How we share your personal information

We may share your personal information with the following parties and as otherwise described in this Privacy Policy, in other applicable notices, or at the time of collection.  

Affiliates. Our corporate parent, subsidiaries, and affiliates.

Service providers. Third parties that provide services on our behalf or help us operate the Service or our business (such as hosting, information technology, customer support, email delivery, marketing, consumer research and website analytics). 

Payment processors. Any payment card information you use to make a purchase on the Service is collected and processed directly by our payment processors, such as:

• PayPal. PayPal may use your payment data in accordance with its privacy policy, https://www.paypal.com/us/webapps/mpp/ua/privacy-full. You may also sign up to be billed by your mobile communications provider, who may use your payment data in accordance with their privacy policies; and
• Stripe. Stripe may use your payment data in accordance with its privacy policy, https://stripe.com/privacy. 

Business and marketing partners. Third parties with whom we co-sponsor events or promotions, with whom we jointly offer products or services, or whose products or services may be of interest to you. 

Linked third-party services. If you log into the Platform with, or otherwise link your Platform account to, a social media or other third-party service, we may share your personal information with that third-party service. The third party’s use of the shared information will be governed by its privacy policy and the settings associated with your account with the third-party service.

Professional advisors. Professional advisors, such as lawyers, auditors, bankers and insurers, where necessary in the course of the professional services that they render to us.

Authorities and others. Law enforcement, government authorities, and private parties, as we believe in good faith to be necessary or appropriate for the purposes described in the “Compliance and protection” section above. 

Business transferees. We may disclose personal information in the context of actual or prospective business transactions (e.g., investments in WeVideo, financing of WeVideo, public stock offerings, or the sale, transfer or merger of all or part of our business, assets or shares), for example, we may need to share certain personal information with prospective counterparties and their advisers. We may also disclose your personal information to an acquirer, successor, or assignee of WeVideo as part of any merger, acquisition, sale of assets, or similar transaction, and/or in the event of an insolvency, bankruptcy, or receivership in which personal information is transferred to one or more third parties as one of our business assets.

Other users and the public. Your profile and other user-generated content data (except for messages) may be visible to other users of the Platform. For example, other users of the Platform may have access to your information if you chose to make your profile or other personal information available to them through the Platform, such as when you publish content, provide comments, reviews, survey responses, or share other content.  This information can be seen, collected and used by others, including being cached, copied, screen captured or stored elsewhere by others (e.g., search engines), and we are not responsible for any such use of this information.

We may share your personal information by disclosing it to a third party for a business purpose. We only make these business purpose disclosures under written contracts that describe the purposes, require the recipient to keep the personal information confidential, and prohibit using the disclosed information for any purpose except performing the contract. In the preceding twelve (12) months, WeVideo has disclosed personal information for a business purpose to service providers, affiliates, and partners.

In the prior 12 months, we have not sold or shared for a commercial purpose your personal information to third parties.

Retention 

We generally retain personal information to fulfill the purposes for which we collected it, including for the purposes of satisfying any legal, accounting, or reporting requirements, to establish or defend legal claims, or for fraud prevention purposes. To determine the appropriate retention period for personal information, we may consider factors such as the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements.

When we no longer require the personal information we have collected about you, we may either delete it, anonymize, aggregate or deidentify it, or isolate it from further processing. 

Your choices

In this section, we describe the rights and choices available to all users. Users who are located in Europe and certain U.S. states can find additional information about their rights below. In order to exercise your choices, follow the instructions in ‘Account settings’ or contact us.

Access or update your information. If you have registered for an account with us through the Platform, you may review and update certain account information by logging into the account. 

Opt-out of communications. You may opt out of marketing-related emails by following the opt-out or unsubscribe instructions at the bottom of the email, following the instructions in ‘Account settings’, or by contacting us. Please note that if you choose to opt out of marketing-related emails, you may continue to receive service-related and other non-marketing emails. 

Blocking images/clear gifs: Most browsers and devices allow you to configure your device to prevent images from loading. To do this, follow the instructions in your particular browser or device settings. 

Privacy settings. We make available certain privacy settings on the Platform, including options to control our use of your personal information for analytics purposes. 

Advertising choices. You may be able to limit use of your information for interest-based advertising through the following settings/options/tools:

• Browser settings. Changing your internet web browser settings to block third-party cookies.
• Privacy browsers/plug-ins. Using privacy browsers and/or ad-blocking browser plug-ins that let you block tracking technologies. 
• Platform settings. Google and Facebook offer opt-out features that let you opt-out of use of your information for interest-based advertising. You may be able to exercise that option at the following websites:
  • Google: https://adssettings.google.com/ 
  • Facebook: https://www.facebook.com/about/ads 
• Ad industry tools. Opting out of interest-based ads from companies that participate in the following industry opt-out programs: 
  • Network Advertising Initiative: http://www.networkadvertising.org/managing/opt_out.asp 
  • Digital Advertising Alliance: optout.aboutads.info.   
  • AppChoices mobile app, available at https://www.youradchoices.com/appchoices, which will allow you to opt out of interest-based ads in mobile apps served by participating members of the Digital Advertising Alliance. 
• Mobile settings. Using your mobile device settings to limit use of the advertising ID associated with your mobile device for interest-based advertising purposes.

You will need to apply these opt-out settings on each device and browser from which you wish to limit the use of your information for interest-based advertising purposes.  

We cannot offer any assurances as to whether the companies we work with participate in the opt-out programs described above.

Do Not Track.

Some Internet browsers may be configured to send “Do Not Track” signals to the online services that you visit. We currently do not respond to “Do Not Track” or similar signals. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com.

Declining to provide information.

We need to collect personal information to provide certain services. If you do not provide the information we identify as required or mandatory, we may not be able to provide those services.

Linked third-party platforms.

If you choose to connect to the Platform through your social media account or other third-party platform, you may be able to use your settings in your account with that platform to limit the information we receive from it. If you revoke our ability to access information from a third-party platform, that choice will not apply to information that we have already received from that third party.  

Delete your content or close your account.

You can choose to delete certain content through your account. If you wish to request to close your account, please go to ‘Manage personal data’ in ‘Account settings’. 

Other sites and services

The Service may contain links to websites, mobile applications, and other online services operated by third parties. In addition, our content may be integrated into web pages or other online services that are not associated with us. These links and integrations are not an endorsement of, or representation that we are affiliated with, any third party. We do not control websites, mobile applications or online services operated by third parties, and we are not responsible for their actions. We encourage you to read the privacy policies of the other websites, mobile applications and online services you use.

Security

We employ technical, organizational and physical safeguards designed to protect the personal information we collect. However, security risk is inherent in all internet and information technologies and we cannot guarantee the security of your personal information. For more details, please see our Security page.

International data transfers

We are headquartered in the United States and may use service providers that operate in other countries. Your personal information may be transferred to the United States or other locations where privacy laws may not be as protective as those in your state, province, or country.

We are committed to EU-U.S. Data Privacy Framework (EU-U.S. DPF) and the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) and to the rights of EU and UK individuals and Swiss individuals. Users in Europe should read the important information provided below about transfer of personal information outside of Europe.

Children

Aside from the Education Services, the Platform is not intended for users under the age of 13 (“Child User”). Where we know there is a Child User, we will either prevent registration or obtain a parent’s or legal guardian’s consent as explained below:

• WeVideo Users: We do not knowingly allow Child Users to register as WeVideo Users. If we become aware that a Child User has registered for the Platform, we will comply with applicable legal requirements to delete their information. If you are a parent or guardian who believes your child has registered for an account without your consent, you may ask us to delete such information by contacting us at support@wevideo.com. 

If you are a parent or guardian of a Child User from whom you believe we have collected personal information in a manner prohibited by law, please contact us. If we learn that we have collected personal information through the Platform or other Service from a Child User without the consent of the Child User’s parent or guardian as required by law, we will comply with applicable legal requirements to delete the information. 

 Parents may withdraw consent upon request.  

 Changes to this Privacy Policy

We reserve the right to modify this Privacy Policy at any time. If we make material changes to this Privacy Policy, we will notify you by updating the date of this Privacy Policy and posting it on the Site, Platform or other appropriate means. Any modifications to this Privacy Policy will be effective upon our posting the modified version (or as otherwise indicated at the time of posting). In all cases, your use of the Service after the effective date of any modified Privacy Policy indicates your acknowledging that the modified Privacy Policy applies to your interactions with the Service and our business. 

State Privacy Rights

For California Residents 

The CCPA provides California residents with rights regarding their personal information. To exercise these rights, please contact us as set forth below. We may direct you to contact your Employer to exercise your data subject access request depending on the Services at issue related to your personal information.

Right to Know and Data Portability

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months (the "right to know"). Once we receive your request and confirm your identity (see “Right to Delete” below), we will disclose to you the categories of personal information we collected about you; the categories of sources for the personal information we collected about you; our business or commercial purpose for collecting or selling that personal information; the categories of third parties with whom we share that personal information; if we sold or disclosed your personal information for a business purpose, two separate lists disclosing sales, identifying the personal information categories that each category of recipient purchased; and disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained; and the specific pieces of personal information we collected about you (also called a data portability request).

Right to Correct

You have the right to request that we correct any inaccurate personal information we maintain about you.

Right to Delete 

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions (the “right to delete”). Once we receive your request and confirm your identity as described below, we will review your request to see if an exception allowing us to retain the information applies. We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to: 

1. Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.
2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
3. Debug products to identify and repair errors that impair existing intended functionality.
4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.
7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
8. Comply with a legal obligation.
9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

We will delete or deidentify personal information not subject to one of these exceptions from our records and will direct our service providers to take similar action. 

Only you, or someone legally authorized to act on your behalf, may make a request to know or delete related to your personal information.  We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. You do not need to create an account with us to submit a request to know or delete. We will only use personal information provided in the request to verify the requestor's identity or authority to make it. 

You may only submit a request to know twice within a 12-month period. Your request to know or delete must:

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. 

Making a verifiable consumer request does not require you to create an account with us. 

We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request. 

Response Timing and Format

We will confirm receipt of your request within ten (10) business days. If you do not receive confirmation within the 10-day timeframe, please contact support@wevideo.com.

We endeavor to substantively respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to another 45 days), we will inform you of the reason and extension period in writing.

If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. 

Any disclosures we provide will only cover the 12-month period preceding our receipt of your request, unless otherwise requested and were required by law. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request. 

You do not need to create an account with us to exercise your opt-out rights. We will only use personal information provided in an opt-out request to review and comply with the request. 

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

• Deny you goods or services.
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
• Provide you a different level or quality of goods or services.
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program's material aspects. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time. 

Other U.S. State Privacy Rights

We do not meet the eligibility conditions outlined in the Virginia Consumer Data Protection Act, Colorado Privacy Act, Connecticut Data Privacy Act, Utah Consumer Privacy Act, Oregon Consumer Privacy Act, Texas Data Privacy and Security Act, or Montana Consumer Data Privacy Act and are therefore are not subject to the requirements of these laws. 

Notice to European users

General

The information provided in this “Notice to European users” section applies only to individuals in Switzerland, the United Kingdom and the European Economic Area (i.e., “Europe” as defined at the top of this Privacy Policy).

Personal information. References to “personal information” in this Privacy Policy should be understood to include a reference to “personal data” (as defined in the GDPR) – i.e., information about individuals from which they are either directly identified or can be identified.   

WeVideo’s Role. WeVideo, Inc. generally acts as a data processor in respect of the processing of your personal information covered by this Privacy Policy for purposes of European data protection legislation (i.e., the EU GDPR and the so-called ‘UK GDPR’ (as and where applicable, the “GDPR”)). See below for our contact details.

Our GDPR Representatives. We have appointed the following representatives in Europe as required by the GDPR – you can also contact them directly should you wish:

Our Data Protection Officer. We have appointed a “Data Protection Officer”, this is a person who is responsible for independently overseeing and advising us in relation to our compliance with the GDPR (including compliance with the practices described in this Privacy Policy). If you want to contact our Data Protection Officer directly, you can email: data.protection.officer@wevideo.com 

Our legal bases for processing 

In respect of each of the purposes for which we use your personal information, the GDPR requires us to ensure that we have a “legal basis” for that use.  Our legal bases for processing your personal information described in this Privacy Policy are listed below.

• Where we need to perform a contract, we are about to enter into or have entered into with you (“Contractual Necessity”).
• Where it is necessary for our legitimate interests and your interests and fundamental rights do not override those interests (“Legitimate Interests”). More detail about the specific legitimate interests pursued in respect of each Purpose we use your personal information for is set out in the table below.
• Where we need to comply with a legal or regulatory obligation (“Compliance with Law”).
• Where we have your specific consent to carry out the processing for the Purpose in question (“Consent”). If you are under 13 years of age, we will obtain your parent’s or legal guardian’s explicit consent to carry out the processing for the Purpose in question as set out in this Privacy Policy.

We have set out below, in a table format, the legal bases we rely on in respect of the relevant Purposes for which we use your personal information – for more information on these Purposes and the data types involved, see ‘How we use your personal information’

Categories of personal information involved

Other info

No sensitive personal information. We ask that you not provide us with any sensitive personal information (e.g., social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, sex life or sexual orientation, health, biometrics or genetic characteristics, criminal background or trade union membership) on or through the services, or otherwise to us. If you provide us with any sensitive personal information to us when you use the services, you must consent to our processing and use of such sensitive personal information in accordance with this Privacy Policy. If you do not consent to our processing and use of such sensitive personal information, you must not submit such sensitive personal information through our services.

No Automated Decision-Making and Profiling. As part of the Service, we do not engage in automated decision-making and/or profiling, which produces legal or similarly significant effects. 

Your rights

General. European data protection laws give you certain rights regarding your personal information as per our compliance with EU-U.S. Data Privacy Framework (EU-U.S. DPF) and the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) and to the rights of EU and UK individuals and Swiss individuals. If you are located in Europe, you may ask us to take the following actions in relation to your personal information that we hold:

• Access. Provide you with information about our processing of your personal information and give you access to your personal information.

• Correct. Update or correct inaccuracies in your personal information.
• Delete. Delete your personal information where there is no good reason for us continuing to process it - you also have the right to ask us to delete or remove your personal information where you have exercised your right to object to processing (see below). 
• Transfer. Transfer a machine-readable copy of your personal information to you or a third party of your choice.
• Restrict. Restrict the processing of your personal information, for example if you want us to establish its accuracy or the reason for processing it.
• Object. Object to our processing of your personal information where we are relying on Legitimate Interests – you also have the right to object where we are processing your personal information for direct marketing purposes.
• Withdraw Consent. When we use your personal information based on your consent, you have the right to withdraw that consent at any time.  If we have received your personal information in reliance on our certification(s) under the DPF, you may also have the right to opt out of having your personal information shared with third parties and to revoke your consent to our sharing your personal information with third parties.

Exercising These Rights. You may submit these requests by email to support@wevideo.com or our postal address provided above, or go to ‘Manage personal data’ in ‘Account settings’. We may request specific information from you to help us confirm your identity and process your request. Whether or not we are required to fulfill any request you make will depend on a number of factors (e.g., why and how we are processing your personal information), if we reject any request you may make (whether in whole or in part) we will let you know our grounds for doing so at the time, subject to any legal restrictions.  

Your Right to Lodge a Complaint with your Supervisory Authority. In addition to your rights outlined above, if you are not satisfied with our response to a request you make, or how we process your personal information, you can make a complaint to the data protection regulator in your habitual place of residence. 

• For users in the European Economic Area – the contact information for the data protection regulator in your place of residence can be found here: https://edpb.europa.eu/about-edpb/board/members_en
• For users in the UK – the contact information for the UK data protection regulator is below:

The Information Commissioner’s Office
Water Lane, Wycliffe House
Wilmslow - Cheshire SK9 5AF
Tel. +44 303 123 1113
Website: https://ico.org.uk/make-a-complaint/

• For users in Switzerland – the contact information for the FDPIC is below:
  Federal Data Protection and Information Commissioner (FDPIC)
  Feldeggweg 1
  CH - 3003 Berne Switzerland
  T +41 (0)58 462 43 95
  F +41 (0)58 465 99 96
  Website: https://www.edoeb.admin.ch/edoeb/en/home/meldeportale.html

Data Processing outside Europe

We are a U.S.-based company and many of our service providers, advisers, partners or other recipients of data are also based in the U.S. This means that, if you use the Service, your personal information will necessarily be accessed and processed in the U.S. It may also be provided to recipients in other countries outside Europe.  

It is important to note that that the US is not the subject of an ‘adequacy decision’ under the GDPR – basically, this means that the U.S. legal regime is not considered by relevant European bodies to provide an adequate level of protection for personal information, which is equivalent to that provided by relevant European laws. 

Where we share your personal information with third parties who are based outside Europe, we try to ensure a similar degree of protection is afforded to it by making sure one of the following mechanisms is implemented: 

• Transfers to territories with an adequacy decision. We may transfer your personal information to countries or territories whose laws have been deemed to provide an adequate level of protection for personal information by the Swiss FDPIC, European Commission or UK Government (as and where applicable) (from time to time).

• Transfers to territories without an adequacy decision. 
  • we may use specific appropriate safeguards, which are designed to give personal information effectively the same protection it has in Europe – for example, standard-form contracts approved by relevant authorize for this purpose; or 
  • in limited circumstances, we may rely on an exception, or ‘derogation’, which permits us to transfer your personal information to such country despite the absence of an ‘adequacy decision’ or ‘appropriate safeguards’ – for example, reliance on your explicit consent to that transfer. 
  • We may transfer your personal information to countries or territories whose laws have not been deemed to provide such an adequate level of protection (e.g., the U.S., see above).  
  • However, in these cases, we will utilize a transfer mechanism to ensure an adequate level of protection in such country or territory as required by GDPR.

You may contact us if you want further information on the specific mechanism used by us when transferring your personal information out of Europe. 

WeVideo and its subsidiary, PlayPosit, complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF) and the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce.  WeVideo has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union and the United Kingdom in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF.  WeVideo has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF.  If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern.  To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit https://www.dataprivacyframework.gov/.

In compliance with the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF, WeVideo commits to resolve DPF Principles-related complaints about our collection and use of your personal information.  EU and UK individuals and Swiss individuals with inquiries or complaints regarding our handling of personal data received in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF should first contact WeVideo:

By email to: 
EU-U.S. DPF: eu@wevideo.com
UK Extension: uk@wevideo.com
Swiss-U.S. DPF: sw@wevideo.com
By postal mail to:
WeVideo AS
Cort Adelers gate 30
0254 Oslo

In compliance with the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF, WeVideo commits to cooperate and comply respectively with the advice of the panel established by the EU data protection authorities (DPAs) and the UK Information Commissioner’s Office (ICO) and the Swiss Federal Data Protection and Information Commissioner (FDPIC) with regard to unresolved complaints concerning our handling of personal data received in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF.
WeVideo shall remain liable under the DPF Principles if it processes personal information to third parties in a manner inconsistent with the DPF Principles, unless the organization proves that it is not responsible for the event giving rise to the damage.

Under certain conditions, you may have the right to require that we enter into binding arbitration with you under the DPF’s “Recourse, Enforcement and Liability Principle” and Annex I of the DPF.

WeVideo is also subject to the investigatory and enforcement powers of the US Federal Trade Commission.

WeVideo Education Services 

This Education Services section applies only to the personal information of users who use WeVideo’s sites, apps, communications, and services ("Services") via an educational institution such as a school (“Education Services User”). If you are not an Education Services User, this section does not apply to WeVideo’s use of your personal information.

We respect the privacy rights of our users and recognize the importance of protecting information collected about Education Services Users. Industry standards are followed for the protection and encryption of all user data that is collected. The terms of your educational institution’s contract for the WeVideo service may restrict our collection or use of your information more than what is described in this section.

WeVideo provides tools to control your personal information, including the ability to consent or withdraw consent for its collection and use. 

WeVideo is committed to protecting the privacy of students. WeVideo has COPPA and FERPA compliant services (“WeVideo for Schools” plans) that are offered to educational institutions such as schools. These educational services support many users belonging to the same WeVideo for Schools plan, with each user having their own login to a single account, which is managed by school staff.

When you belong to a WeVideo for Schools plan, your educational institution (“school”) collects your personal information based on their own policies. For example, if you are a teacher or student in your school’s plan, your school controls your data and WeVideo processes your data in accordance with the privacy policies managed by your school. This data may include your name, email address, log in credentials, videos you’ve created, and your imports and exports.

There is certain information that we collect automatically as the result of usage of the platform. This information includes:

• your device's Internet Protocol (“IP”) address
• type of mobile device you use
• operating system of your device
• browser type
• non-precise geographic location (e.g. country, city, zip code)
• technical information about your device, system and software, and peripherals
• date and time stamps associated with transactions
• system configuration information
• any search terms that you may enter on the service
• Information regarding your interaction with exported videos, for example, whether you opened, clicked on, or shared the exported video

The above data points are used for the sole purpose of improving our application and the user experience of our customers. Most of the data points above are anonymous. Any data that contains personally identifiable information is (1) secured and encrypted according to industry standards (2) anonymized whenever possible (3) never used for advertising of any kind (4) not shared with any third parties.

We may disclose personal information in the context of actual or prospective business transactions (e.g., investments in WeVideo, financing of WeVideo, public stock offerings, or the sale, transfer or merger of all or part of our business, assets or shares), for example, we may need to share certain personal information with prospective counterparties and their advisers. We may also disclose your personal information to an acquirer, successor, or assignee of WeVideo as part of any merger, acquisition, sale of assets, or similar transaction, and/or in the event of an insolvency, bankruptcy, or receivership in which personal information is transferred to one or more third parties as one of our business assets.

Your privacy and cookies

When you visit a website, it may store or retrieve information on your browser, in the form of cookies. This information might be about you, your preferences or your device and is used to make the Site work as you expect it to. Some types of cookies are required for WeVideo to provide a functional site or services, other types of cookies are designed to enhance our Site or Services. Any persistent unique device identifiers used by cookies will not be used for advertising purposes. You can choose to accept or refuse the cookies that are not strictly necessary. You may review details of our Cookie Policy to understand the benefits of accepting optional cookies. Student accounts are opted out of non-essential services which renders certain cookies inert, but these services may still place cookies that exist as part of the consent bar.

Account owner data

When your school or school district purchases a WeVideo for Schools plan, a special account – the Account Owner – is created. Every School plan has a single account owner, usually school IT staff, although it could be a teacher, instructional coach, or some administrative person. Account owner data that we collect is used to create, bill, and maintain the WeVideo for Schools plan service (“Owner data”).

For example, if you sign up on our Site as the Account owner for your WeVideo for Schools plan, your data is collected and processed as set forth in this Education Services section, including a comprehensive set of functions for opting in or opting out, archiving and/or deleting data and connecting other applications (cloud based accounts).

Data for account non-owners (account members who are not admins)

Users in a WeVideo for Schools plan are subject to the privacy policy of their school. Some WeVideo for Schools plan users – those who are not students – may have the additional ability to control some privacy settings within the WeVideo service.

For example, if you are a teacher and you opt out from all WeVideo privacy settings, then WeVideo is a processor of your Service data based on privacy policies established by your school. If on the other hand, you consent to some types of WeVideo data collection, then this Education Services section will apply in those circumstances. For example, if you consent to receive WeVideo marketing communications to learn about our services and how to use them in your classroom, we will process that marketing data as set forth in this section. WeVideo does not share data of any WeVideo for Schools plan members (students, teachers, account owners) with any third parties. WeVideo does not advertise any third party services through the application.

If you are a student in a WeVideo for Schools plan, your student service data is processed in a way that is COPPA and FERPA compliant and you are always opted-out of WeVideo privacy settings. Your “Account settings” page will instruct you to contact your school for information about your school’s privacy policy. WeVideo does not share the data of Students in WeVideo for Schools plans with any third parties. Students are never presented with advertising of any kind (not in the app, not through email, not through third parties). Students in WeVideo for Schools plans are by default opted out of all communications and do not have the option of opting in.

OUR POLICY TOWARD CHILDREN

WeVideo is committed to protecting the privacy of students and offers services that are fully compliant with the FERPA and COPPA rules and guidelines. In compliance with the Children's Online Privacy Protection Act (COPPA) of 1998, the services are not intended for use if you are under 13 years of age unless one of the following is true: (1) you are using a WeVideo for Schools plan. In that case, this Education Services section applies. For more details on COPPA, and how an online application or website can be used in an educational context see COPPA and Schools. Or contact education@wevideo.com (2) you have the consent of your parent or legal guardian or (3) when available, you use the application as a Guest User. As a Guest User, the application can be used without providing any personal information. Guest User mode is only available in some of the applications and is designed to allow usage of the application without providing any personal information. If you are not over 13 years of age and are not using the application as a Guest User, you will need to have the consent of your parent or guardian, or be a member of a WeVideo for Schools plan ( where the education organization manages the account).

Aside from the Education Services, the Services are not intended for users under the age of 13 Child User. Where we know there is a Child User, we will either prevent registration or obtain a parent’s or legal guardian’s consent as explained below:

• if you are based in the U.S.: your education institution provides consent on behalf of your parent or legal guardian; and
• if you are based outside the U.S.: your teacher must first obtain your parent’s or legal guardian’s consent. If your teacher creates a student account for you without your parent first signing a consent form, please inform your parent immediately so that they can instruct us to remove your information from our files.

If you are a parent or guardian of a Child User from whom you believe we have collected personal information in a manner prohibited by law, please contact us, and, please also contact the Child User’s education institution. Where the Child User is an Education Services User, parents and legal guardians can request deletion of their Child User’s information by contacting the Child User’s education institution. 

Where the Child User is an Education Services User, the education institution may opt to post Child User videos publicly on the Platform along with the Child User’s name. Parents and legal guardians can review and access their Child User’s personal information by contacting the Child User’s education institution. 

Certain personal information for Education Services Users is collected or maintained by WeVideo as a processor on behalf of education institutions. This personal information may be subject to the Family Educational Rights and Privacy Act (“FERPA”), meaning we will only use personal information that is considered to be “personally identifiable information” maintained as part of “education records” (as both are defined under FERPA) for legitimate educational interests, which include providing the Service. FERPA provides parents (or students if over the age of 18) with certain rights with regard to those education records (or with respect to the Service here and for purposes of this Education Services section, the personal information). Please note our use and processing of this personal information as a processor is governed by our agreements with the education institutions. The education institutions may have their own privacy policies that govern the personal information collected in connection with their use of the Service, and the policies of the applicable education institution govern how they process and share personal information relating to the Service, including with respect to any rights users may have to such personal information.

WE USE DATA TO BUILD BETTER SERVICES

Communicate with you

We use the information we collect (for WeVideo for Schools accounts, that would only be the name and email of any adult account members who opt-in) to interact with you directly. For example, we may send you notifications about product updates, including new features, video tutorials, newsletters, special offers, and periodic tips to help you get the most out of the services. For account owners, we will communicate through email about account expiration date, renewal process and billing-related questions. And if you contact WeVideo, we'll keep a record of your request in order to help solve any issues you might be facing.

Provide, maintain, and improve our services

We use your information to deliver our services, like processing the terms you search for in the WeVideo Media Essentials library order to return content that you can use in your creations, or by suggesting related content to help you improve your creative process.

We also use your information to ensure our services are working as intended, such as tracking outages or troubleshooting issues that you report to us. And we use your information to make improvements to our services - for example, understanding which features are most commonly used so that we can improve the manner in which you are able to access and use those features for a better user experience.

When you have issues or problems using our services, and you ask us to help troubleshoot those issues you report, we will analyze crash reports and usage characteristics of your account to help provide you with the best support.

Develop new services

We use the information we collect in our existing services to help us define and develop new services. Usage data is collected and aggregated to be analyzed anonymously in order to improve the product experience and understand the performance of our application.

Personalize the user experience

We use the information we collect in our existing services to personalize and customize the user experience for you. For example, if we collect the type of content that you search for in our library of content, and you mark content as Favorite, we might return search results that are similar to content that you have previously marked as Favorite.

We use data for analytics and measurement to understand how our services are used. For example, we analyze data about the features that you use to optimize product design. We use a variety of tools to do this, including Google Analytics.

YOUR PRIVACY CONTROLS

Depending on the terms of our agreement with your educational institution, you may have the ability to control certain privacy settings within the Services. Educational institutions may choose to enable admin roles for certain users. Admin users can modify the services available for other users, including whether those users can share videos outside of the Services.

The below options are only available to, and only apply to the non-student members of a WeVideo for Schools plan. The privacy settings for student members in a WeVideo for Schools account are set to opt-out/nothing shared by default. The single WeVideo account owner (a non-student school official) can make some adjustments relating to the sharing of student created work (for example, allow students to post videos to YouTube or not). Students do not have the option to control their own privacy or sharing settings.

Managing your personal information

You have the final say about managing your privacy across our services. At any time, you can login to your account and use the controls provided in "Account settings" to limit the information we collect about you or how we use it. For WeVideo for Schools accounts the non-student members of the account can control what is shared. You can access or rectify this data at any time. You can also deactivate your account. We provide you with tools to restrict or withdraw consent where applicable for the use of data that you have provided to WeVideo. At your request we make the data you shared through our services portable and provide easy ways for you to contact us. If you have any questions, please feel free to contact us.

Accessing or rectifying your personal information

If you have registered an account on WeVideo, we provide you with tools and account settings to access, correct, delete, or modify the personal information you provided to us and that is associated with your account.

You can download certain account information, including videos and photos that you have uploaded and own, by following the instructions in "Account settings."

For how long do we store your data?

If you have initiated the process with us to sign up for the Services within the European Union, but have not completed the sign up process, we retain your personal information on our servers for up to 24 hours. In non-EU locations, in this situation, we will retain data for up to 60 days.

Once you complete the sign up process and we create an account to provide you with the Services, we will store your data for as long as you receive the Services from us.

If the service that you are receiving from us is free of charge (for example, a free plan or a trial) and the service has expired or you have been inactive on the service for four months, we will deem the free service to be abandoned by you, and will cancel the service and delete data you have uploaded or created (some examples are your uploaded content, finished videos, projects). Some personally identifiable data-for example, usage tracking-persists unless you request deletion by invoking your right to be forgotten.

Deletion

If you follow the instructions in “Account settings,” your account will be deactivated and then deleted. When deactivated, your WeVideo account, including your display name, username, and public profile, will no longer be viewable on WeVideo.com, WeVideo for iOS, and WeVideo for Android.

When you delete any type of account to discontinue service, data is deleted after a short grace period following account deletion. If you choose to exercise your right to be forgotten when deleting your account or terminating service, your personal information is immediately deleted.

When you are logged into your WeVideo account, you can manage your privacy settings and other account features in “Account settings” at any time.

Portability

WeVideo provides you a means to download the information you have shared through our services by following the steps in "Account settings."

EU and UK Users

Please see “Notice to European users” for information on your rights regarding your personal data.

EU-U.S. Data Privacy Framework

WeVideo and its subsidiary, PlayPosit, complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF) and the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce.  Please see “Data Processing outside Europe” for more information.

New York Education Law §2-d and Regulation 121

WeVideo for Education is committed to protecting the confidentiality, integrity and security of student personal information, consistent with the provisions of New York Education Law §2-d. The New York State Board of Regents recently approved new regulations that provide further guidance for New York Education Law §2-d, which becomes effective July 1, 2020. WeVideo for Education is committed to working diligently to ensure our practices are in alignment with the finalized regulations. Upon request, we will append a Parents' Bill of Rights to our agreement with any New York State school district.

How to contact us

• Email: support@wevideo.com
• Mail: WeVideo, Inc., 25422 Trabuco Road, Suite 105-544, Lake Forest, CA 92630
• Phone: +1 (650) 800-3400