ElFYOURSELF* PRIVACY POLICY


*ElfYourself is a registered trademark of OMX, Inc.

EFFECTIVE: November 1, 2024

Oddcast Inc & its partners (“Oddcast”) provides this privacy policy for the ElfYourself Application ("The App”). The App allows you to upload pictures to appear as the faces of dancing elves, see your elves dance, purchase additional music videos for your elves to dance in, share your elf dance with a friend via email, share on your social media page, such as Facebook, and download your dance as a video file. This Privacy Policy only applies to the App and does not apply to any other Oddcast web sites, mobile applications or interactive features, or offline information collection, unless expressly stated at the time of collection.

The App is provided as a mobile application on the iOS and Android platforms (the “Mobile Apps”) and as a website at www.elfyourself.com (the “Web App”). Except where noted otherwise, the information herein refers to both, and the term The App should be understood to refer to both.

KEY POINTS TO KNOW

Here is a summary of some important information regarding our privacy practices, including third parties who may collect certain information when you use the App. Please review our full privacy policy before using our App.

  • Social Media:The App may contain certain Social Media features that allow you to interact with third party platforms and features (for example, “sharing” content on Facebook ) and such third parties may collect information about you and your use of the App through your use of those features. Any information collected in this manner by such a 3rd party, will be handled by that party per their own privacy policy.

Information You Provide

While using the app, you are requested to provide photos for the creation of your personal elf dance (the “Photos”). The App will only utilize the Photos within the App. The Photos are only used for the creation of your video dance, and may be saved on Oddcast Servers to support App sharing features, or to enable regeneration of your elf video, should it be needed.

If you provide information for use in sharing your elf, such as email addresses or social media account information (which if you provide it would include logins and passwords) - that information is only used for enabling the sharing feature you requested, and is not collected or saved by the app. The only exception is if you opt-in to receive additional information from us, in which case your email address would be added to our ElfYourself mailing list (the “Emails”).

The Photos, and Emails together will be henceforth referred to as “Personal Information”.

If you make a purchase through the App, the payment will be processed through the App’s payment platform (e.g. Apple, Google or Paypal) and you will not be providing payment information to Oddcast directly. Thus payment information is not accessed, processed or stored by Oddcast.

Our services are general audience services and are not intended for individuals younger than the age of 13. We do not knowingly collect Personal Information from individuals younger than the age of 13.

Information the App Automatically Collects

We and our third party service providers, including analytics providers and third party content providers, may automatically collect certain information whenever you access and use the App (“Usage Information”). Usage Information may include the type of device you are using to access the App, the areas of the App that you access or use, and the time of day you used the App, among other information. All such information is not personal and will be used for statistical review in aggregate only.

In addition, the App displays ads which are displayed by a 3rd party service provider ("Ad Exchange"). The Ad Exchange may automatically collect your IP address or other unique identifier (“Device Identifier”) for any mobile phone, tablet or other device you may use to access the App. Such information may be used by the Ad Exchange to provide relevant ads or for other purposes per their policies. Oddcast does not collect that information or use it in any way.

Information Third Parties May Provide About You

We may supplement and combine the information we collect or you provide with information provided by third parties in order to provide you with information, services or products you have requested, to enhance our ability to serve you, to tailor content and to offer you opportunities to purchase products or services that we believe may be of interest to you. In those cases, we will apply this Privacy Policy to the combined information.

Social Media/Third Party Website Interactions

The App may permit interactions between the App and a third party website, service, or other content provider, such as enabling you to access documents stored with a third party, or to “like” or share content to other web sites, features or applications (which may include signing in with your username and password for the third party site or service). If you choose to “like” or share content, or to otherwise share information from or via the App with a third party site or service, that information may be publicly displayed, and the third party may have access to information about you and your use of the App (and we may have access to information about you from that third party). Your interactions with third parties through these types of social media features are governed by the privacy policies of those third parties.

How We Use the Information Collected Through the App

As explained above, Oddcast may collect Personal Information (with Emails collected only per your choice to opt-in), and collects non-personal Usage Information.

We may use information, including Personal Information and Usage Information, to:

  • allow you to participate in features we offer or to provide related customer service;
  • provide you with information, products, and services from us and on behalf of third parties, including newsletters, marketing communications and information regarding customer loyalty and rewards programs;
  • send or display special offers or advertisements from us;
  • improve the App, our products, and our services and for internal business purposes, including the measurement of the App’s effectiveness and analyzing customer purchasing habits;
  • contact you with regard to your use of the App and, in our discretion, changes to our policies;
  • comply with and enforce our Terms of Use and other applicable agreements and policies; and
  • as otherwise described in this Privacy Policy and for purposes disclosed at the time you provide your information or with your consent.

Information Sharing

We may share non-Personal Information, such as aggregate user statistics, demographic information and Usage Information with third parties, including advertisers, content providers, and analytics providers, and third parties may collect non-Personal Information when you download or use the App.

We do not share or sell your Personal Information with third parties for direct marketing or any other purpose, with the following possible exceptions:

  • Administrative and Legal Reasons. We may disclose your information, including Personal Information, in response to a subpoena or when required by law; to defend our rights; in response to a request from law enforcement regarding an investigation into criminal activity that may have occurred through or in any way using the App or other OfficeMax property; to provide information to a claimed owner of intellectual property, and/or defend any applicable Terms of Use or other policies applicable to the App, or to protect the personal safety, rights, property or security of any organization or individual. We may also use Device Identifiers to identify users, and may do so in cooperation with copyright owners, internet service providers, wireless service providers or law enforcement agencies at our discretion.
  • Business Transitions. Oddcast reserves the right to disclose and transfer all information related to the App, including Personal Information, if it goes through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of its assets, or other corporate change, including, without limitation, during the course of any due diligence process.

Information Removal

Personal Information collected by Oddcast, consists of Photos and Emails (as defined above). Photos are automatically removed from our systems 60 days after being provided. Emails are retained as part of our ElfYourself mailing list, and are removed per user request.

To remove your Email from our mailing list please use the “unsubscribe” link at the bottom of any email newsletter you receive from us. To remove all your Personal Information please send us a note at: elfyourself@oddcast.com. Requests for removal will be handled within 2 working days.

Third Party Content and Links to Other Sites

Certain content provided through the App may be hosted and served by third parties, which may include third party widgets (such as those that allow you to “like” or “share” content with third party web sites and online services). In addition, the App may link to third party web sites or content over which we have no control and which are governed by the privacy policies and business practices of those third parties. Oddcast is not responsible for the privacy practices or business practices of any third party.

Security

We take commercially reasonable security measures to secure the personal information submitted to us, both during transmission and once we receive it. However, no method of electronic transmission or method of electronic storage is 100% secure. Therefore, we cannot guarantee the security of any information you submit and you do so at your own initiative and risk.

Consent to Transfer

If you are located outside of the United States, please be aware that information we collect will be transferred to and processed in the United States. By using the App, or providing us with any information, you fully understand and unambiguously consent to this transfer, processing and storage of your information in the United States, a jurisdiction in which the privacy laws may not be as comprehensive as those in the country where you reside and/or are a citizen.

Changes to this Privacy Policy

We may update this Privacy Policy at any time with changes effective upon posting. Your continued use of the App indicates your consent to the updated Privacy Policy. However, we will use Personal Information previously collected in a manner consistent with the Privacy Policy in effect at the time you submitted it, unless you consent to the new or revised policy.

California Residents - Your California Privacy Rights

Pursuant to California Civil Code Section 1798.83, residents of the State of California have the right to request from companies conducting business in California, with whom the California resident has an established business relationship, certain information relating to third parties to which the company has disclosed certain categories of personal information during the preceding year for the third parties’ direct marketing purposes. Alternatively, the law provides that a company may comply, as Oddcast does, by disclosing in its privacy policy that it does not share personal information with third parties for those third parties’ direct marketing purposes. As stated above in this Privacy Policy, Oddcast does not share your Personal Information with third parties for their direct marketing purposes.

Contact

If you have questions, require assistance or if you would like your personal information removed, please send us a note to: elfyourself@oddcast.com. Any questions regarding privacy policy will be referred to Oddcast’s Chief Privacy Officer.