Sketchbook, Inc. (“Sketchbook”, “we”, “us”, “our”) is committed to protecting your privacy. This Privacy Policy applies to the Sketchbook App (the “App”), the Sketchbook website and all other services provided by Sketchbook (together, the “Services”). We abide by the following principles in our collection, use and processing of “personally identifiable information” (defined below): (1) fairness and lawfulness; (2) restriction to a specific purpose; and (3) transparency. 

Users in different regions might be subject to different data protection standards. This Privacy Policy has a section dedicated to European Union residents and their privacy rights. 

“Personally identifiable information” is information about an identifiable individual. It is referred to as “personal information” in some jurisdictions. The term “Personal Data” is used in this Privacy Policy in the section dedicated to European Union residents (Appendix A). 

What information we collect
We may collect your personally identifiable information, including but not limited to, contact information and information about your use of the Services, including your responses and information about your device or platform on which you access the App (together, your “Information”).

1. Information we get from your use of the Services. When you use the Services, including when you install the App, contact us, e.g., by use of our contact form, subscribe to mailing lists or our beta tester group, through user surveys hosted on our web site and/or otherwise prompted in our Services, or otherwise request communications, or use the App, we may collect the following categories and specific pieces of Information about you: your contact information (i.e., your email address, your name), your IP address, your questions, suggestions, concerns or other kind of feedback, in relation to the Services, your country of residence, length of use of the App, your self-reported skill level and the type of work you do or your occupation.  

2. Information we get from cookies and other similar technologies. In order to improve and enhance your experience and the overall quality of the Services, we (or third party providers on our behalf) may use “cookies”, “web beacons” or other similar technologies (collectively, “Cookies”). This section only covers our usage of Cookies, it does not cover the usage of cookies by any third party. 

Some Cookies are strictly necessary because they are required for our Services to work and to provide them to you. Among other things, these Cookies may allow us to record your preferences or log-in information and respond to your requests. They allow us to authenticate you and keep you logged in, to let you use essential features, let us determine your language or country, or provide information that you request, such as via customer support. Therefore, these Cookies cannot be disabled.

Some other Cookies to improve your experience with our Services, enabling us to provide enhanced functionality or personalization. This may include the provision of more relevant experiences on our websites, understanding your interests so we can provide you with more relevant content, to improve them and your experience with our Services. We offer you choices about our use of these Cookies, and you can manage your Cookies preferences here. If you do not allow these Cookies, some of the Services may not be available for you.

You can also opt-out of receiving personalized advertisements from third-party advertisers and ad networks that are members of the Digital Advertising Alliance's Self-Regulatory Principles for Online Behavioral Advertising by visiting http://optout.aboutads.info/.

With the exception of Cookies that are strictly necessary as explained above, you may refuse the use of Cookies by selecting the appropriate settings on your browser. Please note that by doing so, you may not be able to use the full functionality of the Services as explained above. 

Marketing emails from us to you may contain a web beacon or similar technology that tells us whether you have received or opened the email and whether you have clicked on any of the links in the email. You can unsubscribe from such marketing emails containing web beacons by telling us your preferences or clicking on the unsubscribe link contained in the email. 

3. Do Not Track signals. At this time, the website does not alter its data collection and use practices when we see a Do Not Track (DNT) signal from a browser.

4. Mobile Device Access. We may request Information about, and access or permission to, certain features from your mobile device, including your mobile device’s camera, microphone, sensors, and other features.

5. Push Notifications. We may request to send you push notifications regarding your account or certain features of the Services.

How we use your Information
We may track, measure and/or analyze your Information collected by us.

1. Use to provide Services. Your Information may be used or disclosed to facilitate the provision of the App or other Services, such as saving in-progress sketches, features used and your App preferences and responding to questions or concerns. We may send updates on the product releases, tips, and editorial about the digital art world.

2. Use to improve Services and other business purposes. We may use your Information to improve and optimize our App and other Services, through data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Services, products, marketing and your experience, e.g., counting ad impressions, verifying the positioning and quality of ad impressions, and auditing compliance with this specification and other standards. We use and store this information in depersonalized, aggregated and therefore anonymized form so that it is not associated with individual end users and does not include Information. We will not use Information without sufficient legal basis, including, but not limited to, your consent or any other legitimate interest. At our sole discretion, we may grant our beta tester group access to pre-releases of our App for testing and feedback.

3. Use to monitor and safeguard Services. We may use your Information to help us screen for potential risk and fraud (in particular, your IP address), monitor traffic patterns, usage of Services and related information, e.g., debugging to identify and repair errors that impair existing intended functionality; activities to verify or maintain the quality or safety of the Services; detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity.

4. Use for marketing and promotions. We and/or our third-party marketing partners may use the Information collected by us for our marketing purposes, if this is in accordance with your marketing preferences. For example, when expressing an interest in obtaining information about us or our Services, subscribing to receive marketing communications or otherwise contacting us, we will collect Information from you. You can opt-out of our marketing communications at any time.

5. Other business purposes. We may use your Information for other operational purpose that is compatible with the context in which your Information was collected.

Sharing your Information
We may share your Information with trusted third parties, service providers, or partners during the course of our business. Any disclosure of your Information will comply with the terms of this Privacy Policy. 

1. Disclosure for the provision of the Services. We may disclose your Information to trusted third parties, service providers, or partners who perform services or functions on our behalf for business purposes. For example, our service providers include companies that assist us with marketing, consulting, communications, software maintenance and support, analytics, social media, market research, valid use verification, license compliance, security, user verification, and localization.

2. Disclosure for business development, promotions, and marketing. As part of the Services, your Information, may be disclosed to third parties (including prospective partners and sponsors) in aggregated or anonymized form in order to provide statistics and other analytics about the use of the App or our other Services. We may also use services provided by third parties to serve targeted content and interest-based advertisements and communications to you, and to optimize our marketing efforts.

3. Disclosure by law. We may disclose your Information if required to do so by law, at the request of a third party, or if we believe that disclosure is reasonable to (1) comply with the law, a request or order from law enforcement, or any legal process; (2) protect or defend Sketchbook, or a third party’s rights or property; or (3) to protect someone’s health or safety, such as when harm or violence against any person (including you) is threatened.

4. Disclosure to trusted third parties by Sketchbook. We may provide your Information to our affiliates or other trusted businesses or persons if we believe such a disclosure is reasonably required by business needs. For example, we may disclose your Information for external processing or to utilize the services of technology assistants or customer care providers. However, all third parties with access to your Information will comply with the terms of this Privacy Policy and other appropriate confidentiality and security measures.

5. Disclosure to third party products or advertisers. The Services, including the App, may enable you to interact with or contain links to third party websites, mobile software applications, advertisements that are delivered directly to you from third party advertisers, and services that are not owned or controlled by us (each a “Third Party Service”). We are not responsible for the practices or the content of these Third Party Services. Please be aware that the Third Party Services may collect personally identifiable information from you, use your IP address to target rewards or promotions and may download cookies to your device (computer or mobile phone). They may also use other technologies which personalize and measure the effectiveness of their ads, promotions, or other services. Cookies from third party advertisers are not covered under this Privacy Policy, nor do we control the practices of third parties. Accordingly, we encourage you to read the terms and conditions and privacy policy of each Third Party Service that you chose to interact with or use.

Safeguarding and Retention of Information

1. We have implemented appropriate technical and organizational security measures designed to protect the security of any Information we collect from unauthorized access or malicious actions.

2. The Services may contain links to third party websites, which are not governed by this Privacy Policy, and we are not responsible for the collection, use or disclosure of information by such third party websites. When you click on such a link, you will leave our service and go to another site. During this process, another entity may collect personally identifiable information from you.

3. We will only keep your Information for as long as it is necessary for the purposes set out in this privacy notice, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements, for backup and business continuity purposes).

4. When we have no ongoing legitimate business need to process your Information, we will either delete or anonymize such information.

5. All retained Information will remain subject to the terms of this Privacy Policy.

Access to Information and Withdrawal of Consent
You can ask for the identification, modification or deletion of your Information by emailing us at the contact information set out below. We may request certain Information for the purposes of verifying the identity of the individual seeking access to their Information records and may restrict access to Information as required. We may take up to 30 days in order to confirm and complete user deletion. 

Children’s Privacy
If you are under the age of sixteen years, prior to using our Services, you must first review the terms of this Privacy Policy with your parent or guardian to make sure that you and your parent or guardian understand its terms and conditions and agree to them.

If you have reason to believe that a child under the age of 16 has provided Information to Sketchbook through the Services please contact us and we will endeavor to delete that Information from our databases.

Changes to the Privacy Policy
The Services and our business may change from time to time. As a result, we may change this Privacy Policy at any time and when we do we will post an updated version on this page and change the Last Updated date above, unless another type of notice is required by the applicable law. You should consult this Privacy Policy regularly for any changes. By continuing to use the Services or providing us with Information after we have posted an updated Privacy Policy, or notified you if applicable, you consent to the revised Privacy Policy and practices described in it.

International Users
Sketchbook is based in the United States. If you are accessing our Services from the European Union or other regions with laws governing data collection and use, please note that your Information, including but not limited to, Personal Data as defined in Appendix A, will be transmitted to our servers in the United States as necessary to provide you with the Services that you requested, administer our contract with you or to respond to your requests as described in this Privacy Policy, and the data may be transmitted to our service providers supporting our business operations (described above). 

The United States may have data protection laws less stringent than or otherwise different from the laws in effect in the country in which you are located.  Please see Appendix A for more information about the rights of European Union residents. 

California Privacy Rights
The California Consumer Privacy Act of 2018 permits California residents who are consumers to submit requests, e.g., about certain information regarding our collection of Information or disclosure to third parties. They may request in particular:

From a business that collects personal information about the consumer, to disclose to the consumer the following: 

• The categories of personal information it has collected about that consumer; 

• The categories of sources from which the personal information is collected; 

• The business or commercial purpose for collecting or selling personal information; 

• The categories of third parties with whom the business shares personal information; 

• The specific pieces of personal information it has collected about that consumer.

From a business that sells the consumer’s personal information, or that discloses it for a business purpose, disclose to that consumer: 

• The categories of personal information that the business collected about the consumer; 

• The categories of personal information that the business sold about the consumer in the preceding 12 months and the categories of third parties to whom the personal information was sold, by category or categories of personal information for each third party to whom the personal information was sold; 

• The categories of personal information that the business disclosed about the consumer for a business purpose in the preceding 12 months.

A business that offers any financial incentives shall notify consumers of the financial incentives, and such business may enter a consumer into a financial incentive program only if the consumer gives the business prior opt-in consent which clearly describes the material terms of the financial incentive program, and which may be revoked by the consumer at any time. 

Please note that we do not currently maintain such a financial incentive program, but we reserve the right to change this at our discretion.

Please note that we do not currently sell any personal information of any such consumer.

To make a verifiable request, please send an email to legal@sketchbook.com (include My California Privacy Rights in the subject line). 

Contact Us

Please feel free to contact us if you have any questions about our Privacy Policy. You may contact us by sending an email to legal@sketchbook.com (include Privacy Policy in your subject line) 

Appendix A. 

European Union (EU) Users

Scope. This section applies if you are a user in the EU (for these purposes, reference to the EU also includes the European Economic Area countries of Iceland, Liechtenstein and Norway and, to the extent applicable, Switzerland and the United Kingdom, provided that the latter is deemed a third country from an EU perspective, and vice versa).

Data Controller. Sketchbook Inc. is the data controller for processing Personal Data (as defined below) provided to us through the Services. 

Personal Data means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

Processing means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

Contact details. You will find the contact details in the “Contact Us” section above in the main body of this Privacy Policy. 

Purposes of the processing. You will find details about the purposes in the “How we use your Information” section above in the main body of this Privacy Policy. This includes, if any, details about the processing of the personal data for a purpose other than that for which the personal data were collected, including information on that other purpose and any relevant further information.

Recipients or categories of recipients of the personal data. You will find details about the recipients in the “Sharing your Information” section above in the main body of this Privacy Policy.

Period for which the personal data will be stored, or at least, the criteria used to determine that period. You will find details about the period in the “Safeguarding and Retention of Information” section above in the main body of this Privacy Policy.

Please note that we do not currently maintain any automated decision-making, including profiling, but we reserve the right to change this at our discretion.

Your Rights. Subject to applicable EU law, you have the following rights in relation to your Personal Data that we hold about you:

• Right of access: If you ask us, we will confirm whether we are processing your Personal Data and, if so, provide you with a copy of all Personal Data you are lawfully entitled to receive along with certain other details. If you require additional copies, we may need to charge a reasonable fee.

• Right to rectification: If your Personal Data is inaccurate or incomplete, you are entitled to ask that we correct or complete it. If we shared your Personal Data with others, we will tell them about the correction where possible. If you ask us, and where possible and lawful to do so, we will also tell you with whom we shared your Personal Data so you can contact them directly.

• Right to erasure: You may ask us to delete or remove your Personal Data, such as where you withdraw your consent, where applicable. If we share your data with others, we will tell them about the erasure where possible. If you ask us, and where possible and lawful to do so, we will also tell you with whom we shared your Personal Data with so you can contact them directly.

• Right to restrict processing: You may ask us to restrict or ‘block’ the processing of your Personal Data in certain circumstances, such as where you contest the accuracy of the data or object to us processing it (please read below for information on your right to object). We will tell you before we lift any restriction on processing. If we shared your Personal Data with others, we will tell them about the restriction where possible. If you ask us, and where possible and lawful to do so, we will also tell you with whom we shared your Personal Data so you can contact them directly.

• Right to data portability: You have the right to obtain your Personal Data from us that you consented to give us or that was provided to us as necessary in connection with our contract with you, and that is processed by us by automated means. We will give you your Personal Data in a structured, commonly used and machine-readable format. You may reuse it elsewhere.

• Right to object: You may ask us at any time to stop processing your Personal Data, and we will do so:

  • If we are relying on a legitimate interest to process your Personal Data – unless we demonstrate compelling legitimate grounds for the processing or

  • If we are processing your Personal Data for direct marketing.

• Right to withdraw consent: If we rely on your consent to process your Personal Data, you have the right to withdraw that consent at any time. Withdrawal of consent will not affect any processing of your data before we received notice that you wished to withdraw consent.

• Rights in relation to automated decision-making: You have the right to be free from decisions based solely on automated processing of your Personal Data (including profiling) which produce a significant legal effect on you, unless this is necessary in relation to a contract between you and us or you provide your explicit consent to this use.

• Right to lodge a complaint with the data protection authority: If you have a concern about our privacy practices, including the way we handled your Personal Data, you can report it to the data protection authority that is authorized to hear those concerns.

Legitimate Interest 
“Legitimate interest” means our interest in conducting our business, managing and delivering the Services to you. This Privacy Policy describes when we process your Personal Data for our legitimate interests, what these interests are and your rights. We will not use your Personal Data for activities where the impact on you overrides our interests, unless we have your consent or those activities are otherwise required or permitted to by law.